CHAPTER 4. Livestock Drugs [14200. - 14390.]
Heading of Chapter 4 amended by Stats. 1976, Ch. 1224.
§§ 14200–14390 · 59 sections
ARTICLE 1. Legislative Intent § 14200 · 1 section
- § 14200 The Legislature hereby declares that this chapter, which prescribes the distribution and use of livestock drugs, is intended to assure that such drugs are…
ARTICLE 1.5. Definitions §§ 14201–14209 · 9 sections
- § 14201 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 14202 “Drug” means any of the following substances: (a) Any substance which is intended for use in the diagnosis, cure, mitigation, prevention, or treatment of…
- § 14203 “Restricted drug” means any livestock drug which is sold in such form that it might be administered to humans and if so administered would be dangerous to the…
- § 14204 “Label” includes written and graphic matter which is imprinted upon, or upon paper or other material affixed to, or accompanying, a container of a livestock…
- § 14205 “Livestock” includes all animals, poultry, and bees, and aquatic and amphibian species which are raised, kept, or used for profit. It does not include those…
- § 14206 “Livestock drug” means any drug, combination of drugs, proprietary medicine, or combination of drugs and other ingredients which is prepared for administration…
- § 14207 “Manufacturer” includes any person that is responsible for the placing of a livestock drug on the market in this state.
- § 14208 “Retailer” means any person that sells any livestock drug at retail.
- § 14209 “Distribute” means to offer for sale, sell, exchange, or barter.
ARTICLE 2. General Provisions §§ 14231–14233 · 3 sections
- § 14231 The director shall enforce this chapter and, in accordance with the provisions of Section 14200, may make and enforce such regulations which relate to the…
- § 14232 All money which is received under this chapter shall be paid into the Department of Agriculture Fund. Any money in the Department of Agriculture Fund which is…
- § 14233 The provisions of this chapter shall be controlling over those of any other provisions of law which are in conflict with them. No act or thing which is…
ARTICLE 3. Exemptions §§ 14261–14262 · 2 sections
- § 14261 This chapter, except Section 14363, does not apply to any of the following: (a) Any livestock drug which is sold exclusively to, and used exclusively by, or…
- § 14262 This chapter also does not apply to any of the following: (a) Any livestock drug that is intended for, and that is used solely for, laboratory or experimental…
ARTICLE 4. Registration §§ 14281–14296 · 16 sections
- § 14281 A person shall not sell any livestock drug in this state prior to receipt of a registration certificate pursuant to this chapter.
- § 14282 The manufacturer of any livestock drug shall apply to the director for registration of the livestock drug.
- § 14283 The application shall be in a form which is supplied by the director. It shall show all of the following: (a) The name of the applicant and the address of his…
- § 14284 The application shall also contain a detailed description, or be accompanied by a copy, of the label of each type and size of container in which the livestock…
- § 14285 The label shall contain all of the following: (a) The name, brand, or trademark of the livestock drug. (b) The name of the applicant and his principal address.…
- § 14286 If it is proposed that any instructions for use, other than those on the label, shall accompany containers of the livestock drug which are sold at retail, a…
- § 14287 The director shall examine and consider the application together with all material, data, and information which accompanies it.
- § 14288 The director shall refuse to register a livestock drug if he finds any of the following is true of the drug: (a) It is of little or no value for the purpose…
- § 14289 If the livestock drug is a restricted drug, the director shall also refuse registration if he finds that the instructions for use do not contain adequate and…
- § 14290 The registration of a livestock drug includes all of the following: (a) Registration of the drug and its ingredients. (b) Registration of the label. (c)…
- § 14291 (a) The fee for a two-year registration certificate for a livestock drug is one hundred eighty dollars ($180). The certificate period shall commence beginning…
- § 14292 If registration is granted, the original fee covers the registration for the remainder of the then current calendar year in which registration is granted.
- § 14293 The fee for application for renewal of registration is one hundred eighty dollars ($180) for a two-year period. It is payable on or before January 31st of each…
- § 14294 The director may quarantine and remove from sale any livestock drug which is not registered pursuant to this chapter or any livestock drug which does not…
- § 14295 The director shall have access at all reasonable hours to all premises which are used in the manufacture, sale, or storage of any livestock drug, or where…
- § 14296 The director may revoke the registration of any livestock drug if he finds, from representative samples, that the drug as offered for sale fails to conform to…
ARTICLE 5. Retail Licenses for Restricted Drugs §§ 14321–14330 · 10 sections
- § 14321 A person shall not sell any restricted drug in this state at retail unless he holds a license to do so issued pursuant to this chapter.
- § 14322 Any person may file with the director an application for a license pursuant to this chapter. The application shall be on a form which is supplied by the…
- § 14323 The application shall be accompanied by an application fee of fifty dollars ($50). The fee is not refundable if the license is refused.
- § 14324 If the license is issued, the application fee covers the license for the remainder of the current calendar year in which it is issued.
- § 14325 The fee for the renewal application for a license is fifty dollars ($50) per year, payable on or before January 31 of each year. If the fee is not paid by that…
- § 14326 A separate license is required for each place of business at which any restricted drug is kept for sale, and for each mobile unit in which any such drug is…
- § 14327 The director may make an examination of the facilities which are available to the applicant for the proper handling and storing of restricted drugs and may…
- § 14328 Each holder of a license under this chapter shall keep a record, in the manner and form prescribed by the director, of each sale of a restricted drug by the…
- § 14329 The record required pursuant to Section 14328 shall include all of the following: (a) A statement of the kind and quantity of the restricted drug sold. (b) The…
- § 14330 The director shall revoke a restricted drug license if he finds that the holder of such license has failed to keep the required record of sales of such drugs,…
ARTICLE 6. Violations §§ 14351–14365 · 15 sections
- § 14351 It is unlawful for any person to sell any livestock drug which is subject to any provision of this chapter unless the drug is registered pursuant to this…
- § 14352 It is unlawful for any registrant to sell any livestock drug which does not conform with its registration.
- § 14353 It is unlawful for any person to administer any registered livestock drug to any human being.
- § 14354 It is unlawful for any person to sell any restricted drug unless such person has a license issued pursuant to this chapter.
- § 14355 It is unlawful for any person to use or administer any registered livestock drug except in accordance with the label instructions for use which are supplied by…
- § 14356 It is unlawful for the holder of a restricted drug license to sell a restricted drug without requiring the purchaser of the restricted drug to sign his name…
- § 14357 It is unlawful for any person to refuse to permit the entry into and inspection of any premises wherein any livestock drug is manufactured or sold for the…
- § 14358 It is unlawful for any person to sell any livestock drug except in the container in which it is packaged by the manufacturer or distributor or to sell any such…
- § 14359 It is unlawful for any person to make any false or misleading representation which relates to any livestock drug, whether such representation is communicated…
- § 14360 It is unlawful for any livestock owner or his or her agent to sell or dispose of treated livestock or livestock products within the specified withdrawal period…
- § 14361 The director may seize and hold any livestock drug which he has reasonable cause to believe is in violation of the provisions of this chapter or the…
- § 14362 It is unlawful for any person to manufacture, distribute, sell, or use any livestock drug without complying with the provisions of this chapter and the…
- § 14363 (a) It is unlawful for any livestock owner or agent to sell or dispose of any livestock or livestock carcasses which within 48 hours after the buyer takes…
- § 14364 (a) It is unlawful to sell or dispose of a bob veal calf for the purposes of slaughter without first affixing to the animal a producer identification number…
- § 14365 (a) It is unlawful to sell or dispose of a dairy cull cow without first affixing to the animal a producer identification number issued by the director. (b) For…
ARTICLE 7. Penalties §§ 14381–14382 · 2 sections
- § 14381 A violation of this chapter or of any regulation which is adopted by the director pursuant to this chapter is an infraction punishable by a fine of not more…
- § 14382 (a) The director may, after a hearing, refuse to issue or renew, or may suspend or revoke a livestock drug registration or restricted drug license for any…
ARTICLE 8. Procedure for Prosecution § 14390 · 1 section
- § 14390 In addition to the remedies provided in this chapter, the department may bring an action in superior court and such court shall have jurisdiction upon hearing…