Chapter 17 - Livestock Remedies
CHAPTER 17 - LIVESTOCK REMEDIES
11-17-101. "Livestock remedy" defined.
"Livestock remedy" includes allcondimental feeds, medicated stock foods, medicinal stock foods, stock foodtonics, stock powders, condition powders, conditioners, animal regulators,proprietary medicines or other preparations of like nature in solid or liquidform used for any animal except man, and administered internally or externallyfor their stimulating, invigorating, curative or other powers.
11-17-102. Registration with department of agriculture; contents ofcertificate to be filed; certain ingredients to be listed; samples andaffidavit required; fee.
(a) Before any manufacturer, importer, jobber or person sells,offers for sale or distributes in Wyoming any livestock remedy, he shall filewith the state department of agriculture a statement that he desires to offerthe livestock remedy for sale in this state, and a certificate in duplicate,sworn to before a notarial officer, stating:
(i) Name and principal address of the manufacturer or personresponsible for placing the livestock remedy on the market;
(ii) The name, brand or trademark under which the remedy is tobe sold;
(iii) The minimum net contents of the package, lot or parcel ofthe livestock remedy, expressed by weight in the case of solids and by measurein the case of liquids; and
(iv) The English name of each ingredient used in the manufactureof the remedy registered.
(b) When mineral acids or the elements copper, mercury, arsenicor antimony or their salts, or the substances opium, belladonna, nux vomica,pilocarpus, santonica, areca nut, wormwood, digitalis, tobacco, strophanthus,calabar bean, aconite, veratrum, croton oil, ergot, cotton root bark orcantharides or any of their derivatives or preparations, are included in theingredients of a livestock remedy the percentage of such ingredient oringredients must be stated on the certificate. When such substances as commonsalt, charcoal, sulphur, earth, humus, elevator dust or other like substancesare used as a "filler," the maximum percentage of each substanceshall be stated.
(c) The registration statement and certificate shall beaccompanied by a sealed package of the livestock remedy to be sold, offered forsale or distributed in this state. The person furnishing the sample shall makeaffidavit that the sample is representative and a true sample of the livestockremedy offered for registration.
(d) The registration application shall be accompanied by a feeof five dollars ($5.00) for each livestock remedy to be registered.
11-17-103. Refusal or cancellation of registration; refusal to allowchanges of ingredients; enforcement of provisions.
The director of the department ofagriculture may refuse to register any livestock remedy under a name, brand ortrademark which would tend to mislead or deceive as to the materials of which itis composed, or when the English name of each ingredient used in itsmanufacture is not stated. The director may also refuse to register more thanone (1) livestock remedy under the same name or brand when offered by the samemanufacturer, importer, jobber or person. If it is established by a hearingthat any brand of livestock remedy has been registered in error or has beensold in violation of this act, the director may cancel the registration of thelivestock remedy. The director shall refuse to allow any manufacturer,importer, jobber or person to change the ingredients of any livestock remedyregistered for sale in this state without adequate justification. The directormay enforce this act and prescribe the form of labels used to show the livestockremedy is registered. He shall prescribe and enforce such rules andregulations, definitions and standards relating to livestock remedies and theirsale as he deems necessary to implement this act.
11-17-104. Inspection of buildings used in manufacture; purchase andanalysis of samples.
The director of the department ofagriculture shall have free access to all buildings, vehicles and places of anykind used in manufacture, transportation, importation, sale or storage of anylivestock remedy and may open any parcel containing, or supposed to contain,any livestock remedy and take therefrom official samples for analysis. He shalltender the retail price of the sample or samples procured. Insofar as it ispracticable the director shall annually cause to be analyzed at least one (1)official sample of every livestock remedy sold, offered for sale or distributedin this state.
11-17-105. Labeling.
(a) Every container of livestock remedy sold, offered for saleor distributed within the state shall have a label affixed on the outside in aconspicuous place bearing a legible printed statement in English clearly andtruly certifying:
(i) The name and principal address of the manufacturer orperson responsible for placing the livestock remedy on the market;
(ii) The name, brand or trademark under which the livestockremedy is sold;
(iii) The minimum net contents of the container; and
(iv) The English name of each ingredient used in the manufactureof the livestock remedy.
(b) The United States Pharmacopoeia is the authority as toterms or standards.
11-17-106. Chemical analysis of samples.
The state chemist shall make or cause to bemade under his direction, analysis and examinations of samples of livestockremedies furnished to him by the director of the department of agriculture todetermine whether the livestock remedies sampled conform with this act, andshall certify the results of the examinations to the director.
11-17-107. Hearing concerning violations; notice to manufacturer;findings; certification of facts to district attorney.
If it appears that any manufacturer,importer, jobber or person has violated this act, the director of thedepartment of agriculture shall cause notice to be given to the manufacturer,importer, jobber or person that a hearing will be had at a date and place namedin the notice. The director or his authorized agent shall hold a hearing inaccordance with the Wyoming Administrative Procedure Act. If the manufacturer,importer, jobber or person fails to appear at the time and place designated inthe notice, the director or his authorized agent shall conduct the hearing asthough the manufacturer, importer, jobber or person were present. If it isestablished by the hearing to the satisfaction of the director that prosecutionis warranted the director shall certify the facts to the proper districtattorney and furnish an official report of the result of the hearing and a copyof the analysis or other examination which bears on the case, authenticated bythe state chemist. The district attorney shall file and prosecute the case.
11-17-108. Prohibited acts; penalties for violations.
Any manufacturer, importer, jobber orperson who sells or offers for sale, or distributes in this state, or who takesor receives from any person in this state any order for any livestock remedy,or who directly or indirectly contracts with any manufacturer, importer, jobberor person in this state for the sale of a livestock remedy, to be delivered inthis state by common carrier or otherwise, without there being affixed theretosuch labels as required by this act or without truly stating the English nameof each ingredient used in its manufacture as required by this act, or whoimpedes, obstructs, hinders or otherwise prevents or attempts to prevent thedirector of the department of agriculture or his authorized agent in theperformance of his duty, upon conviction, shall be fined not more than onehundred dollars ($100.00) for the first violation and not less than one hundreddollars ($100.00) for each subsequent violation.