N.Y. Agriculture & Markets Law § 89: Control of vaccines, serums and other preparations

§ 89. Control of vaccines, serums and other preparations. For the

purpose of detection, prevention, control or eradication of infectious

or contagious diseases of domestic animals and fowls, the commissioner

may make such exemptions and promulgate such orders, rules and

regulations as he may deem necessary for the proper control, use, and

distribution of any and all therapeutic preparations of microbiological

origin used in the detection, prevention, control or eradication of such

diseases within the state. The following provisions shall govern the

disposition and use of such preparations.

(1) Such preparations used, sold, or given away in this state shall be

labeled in conformity with the provisions of the federal

virus-serum-toxin act of nineteen hundred thirteen, and any act or acts

amendatory thereof or supplemental thereto.

(2) No person shall falsely label or mark any package or container of

any such preparation, or alter any label or mark on any package or

container of such preparation so as to falsify such label or mark.

(3) Such preparations, except those prepared by a federal or a

designated state agency, prepared within or brought into the state to be

retained, sold or given away within the state, for use in the detection,

prevention, control or eradication of infectious or contagious diseases

of domestic animals or fowls, or for the administration thereto for

whatever purpose, shall be reported to the commissioner unless exempted

by him. Such reports shall be made by the individual, firm, corporation

or institution preparing or selling such preparations within the state,

or receiving such preparations within the state to be retained, sold or

given away. The reports shall show the character and purpose of the

preparation, the quantity, the name and address of the manufacturer and

the name and address of the person or firm to whom the product was sold

or given away.

(4) Except by permission of the commissioner, the sale, or gift, or

use of such preparations shall be confined to legally qualified

veterinarians.

(5) Legally qualified veterinarians using such preparations, except

those preparations exempted by the commissioner, in the detection,

prevention, control, or eradication of infectious or contagious diseases

of domestic animals or fowls shall make a report of such use to the

commissioner immediately after the application or administration of such

preparation. The report shall include the name and address of the owner

or custodian of the animals, the character and purpose of the

preparation employed, the amount used, and, if required by the

commissioner, the identification of each animal and/or other necessary

information.

(6) No person shall treat with or inject into any domestic animal any

preparation, material or substance for the purpose of or with the effect

of fraudulently interfering in any manner with a normal reaction to an

officially prescribed test.

(7) No veterinarian shall certify or make a statement showing or

tending to show that any domestic animal has been tested or examined and

found free from an infectious or contagious disease, unless such

certification shall show the character of the test, and bear a statement

that the test was made by an officially accepted method, and that upon

such test or examination the animal failed to give evidence of such

disease.