3.2-4912 - Prohibitions.
§ 3.2-4912. Prohibitions.
A. It is unlawful for any person to:
1. Sell, deliver, hold, or offer for sale any animal remedy that has not beenregistered with the Commissioner as provided in § 3.2-4902, except that anybiological product for use on or testing of any livestock, poultry, or anyanimal, manufactured under a license issued by the U.S. Department ofAgriculture, shall not be considered as being subject to the registrationrequirements of such section.
2. Manufacture, sell, deliver, hold, or offer for sale any animal remedy thatis adulterated or misbranded.
3. Compound, manufacture, make, produce, pack, package, or prepare within theCommonwealth any animal remedy to be offered for sale or distribution unlesssuch compounding, manufacture, making, producing, packaging, packing, orpreparing is done with adequate equipment under the supervision of a licensedveterinarian, a graduate chemist, a licensed pharmacist, a licensedphysician, or some other person as may be approved by the Commissioner afteran investigation and a determination by the Commissioner that they arequalified by scientific or technical training or by experience to performsuch duties of supervision as may be necessary to protect animal health andpublic safety.
4. Disseminate any advertisement that is false or misleading. No person ormedium for the dissemination of any advertisement, except the manufacturer,packer, distributor, or seller of the article to which a false advertisementrelates, is subject to the penalties for violations of this chapter fordisseminating such false advertisement, unless he refused, on the request ofthe Commissioner, to furnish the name and address of the manufacturer,packer, distributor, seller, or advertising agency that caused him todisseminate such advertisement.
5. Dispose of a detained article in violation of § 3.2-4908.
6. Give a guaranty that is false, except a person who relied on the guarantysigned by, and containing the name and address of, the person from whom hereceived the animal remedy in good faith.
7. Alter, mutilate, destroy, obliterate, or remove any part of the labelingof any animal remedy if such acts result in the animal remedy beingmisbranded, or do any other act, while the animal remedy is being held forsale that results in the misbranding of such article.
8. Forge, counterfeit, simulate, or falsely represent, or without properauthority use, any mark, stamp, tag, label, or other identification devicerequired by § 3.2-4907.
9. Sell or offer to sell any biological product for use on any livestock,poultry, or other animal, unless such product is manufactured under a licenseissued by the U.S. Department of Agriculture or a registration issued by theCommissioner, or unless such product meets the requirements of the federalFood, Drug and Cosmetic Act.
10. Sell or offer to sell any biological product that has not been kept inrefrigeration under conditions prescribed by the regulations of the Board.
B. The Commissioner shall assess any person who commits a prohibited actunder this chapter 10 percent of the retail price of the animal remedy at thetime of sampling on the product found in violation, or $50, whichever isgreater, not to exceed $5,000 per occurrence. The person assessed shall paythe assessment to the Commissioner within 60 days from the date of notice tothe person whose name appears on the label. Any person who fails to pay theassessment within the specified time shall pay a late fee of $50 to theCommissioner in addition to the assessment. The Commissioner shall revoke theregistration of any person who fails to pay the assessment.
(Code 1950, § 3-646.8; 1956, c. 517; 1966, c. 702, § 3.1-837; 1994, c. 910;2008, c. 860.)