19-14 Livestock Medicine - North Dakota Statutes

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CHAPTER 19-14LIVESTOCK MEDICINE19-14-01. Definitions. As used in this chapter:1."Commissioner" means the agriculture commissioner.2."Livestock medicine" includes all devices, remedies, cures, tonics, powders,
proprietary medicines, type A medicated articles, and similar preparations for the
treatment or prevention of any disease of livestock, poultry, or other domestic
animals which are administered internally for their stimulating, invigorating, curative,
or other than nutritive powers, and also all powders, sprays, dips, and other
preparations for external use in the curing of scab or the eradication of ticks, lice,
and other mites and parasites on livestock, poultry, or other domestic animals. The
term does not include medicines which are manufactured, sold, or recommended
primarily for human use.3."Type A medicated article" includes a product with standardized potency containing
one or more new animal drugs intended for use in the manufacture of another
medicated article or a medicated feed.19-14-02. Registration of livestock medicine. The commissioner, upon the applicationof the manufacturer or distributor of livestock medicine and the payment of the registration fee
prescribed in section 19-14-04, shall register any livestock medicine that does not violate this
chapter. Registration covers a two-year period beginning July first and ending June thirtieth of
every even-numbered year unless it is canceled sooner because a change is made in the
ingredients or formula of manufacture or in the name, brand, or trademark under which the
medicine is sold. In the event of any change, the medicine must be registered anew in the same
manner as upon an original application.19-14-03. Regulations for sale. No person may sell, offer, or expose for sale, have inpossession with intent to sell, any livestock medicine:1.Which is sold under a name, brand, trademark, or labeling which is misleading,
deceptive, or false, or which is dangerous to animals under the conditions of use
prescribed in the labeling or advertising thereof.2.Which purports to cure any infectious disease of domestic animals for which no
genuine cure is known.3.Which has not been registered by the commissioner for sale in this state.Thecertificate of registration must include a disclosure of the name and quantity or
proportion of each active ingredient and the names of the inert ingredients or fillers.4.Which does not have printed or written upon the label of each package sold at retail,
in type not less than one-fourth the size of the largest type on the package:a.The common name in English of all active ingredients in the order of their
predominance in the product;b.A statement of the actual percentage or relative amounts of each ingredient
active and inert. In the case of certain products (such as coated medicinal
tablets), it may be impractical to state the quantity or proportion of inert
ingredients and exemptions must be established by rules adopted by the
commissioner;c.The net contents, by weight, measure, or numerical count of the package;Page No. 1d.The name and principal address of the manufacturer or person responsible for
placing the livestock medicine on the market; ande.Complete and explicit directions for use of the medicine.5.When the contents of the package as originally manufactured have been removed in
whole or in part, and other contents have been placed in such package.19-14-04. Registration fee. Prior to each two-year registration ending June thirtieth ofevery even-numbered year, a registration fee of forty dollars must be paid to the agriculture
commissioner for each livestock medicine that is registered. A person submitting an application
for registration which is received by the commissioner after July thirty-first of that year shall pay
an additional late registration fee of ten dollars.19-14-05. Commissioner may cancel registration. The commissioner may cancel theregistration of any livestock medicine that is sold subsequent to its registration in violation of this
chapter. The commissioner may cancel the registration whenever a change is made in the
ingredients or formula of the manufacture or in the name, brand, or trademark under which the
medicine is sold, unless the medicine has been reregistered.19-14-06. Commissioner may adopt rules, take testimony, grant public hearings.The commissioner may adopt rules pursuant to chapter 28-32 governing applications for
registration, the submission of samples for analysis, and all other matters necessary to give
effect to this chapter. The commissioner may take expert and other testimony whenever the
commissioner deems testimony advisable and, upon request, shall grant a public hearing prior to
the cancellation of a registration and also to any manufacturer or distributor whose request for
registration of any livestock medicine has been denied.19-14-07. Enforcement of chapter. The commissioner shall enforce this chapter byinspection, chemical analysis, and any other appropriate method. All samples for analysis must
be taken from stocks held within, or intended for sale in, this state. The commissioner may
require any manufacturer or distributor applying for registration of a livestock medicine to supply
samples of the medicine for analysis. The commissioner may institute such action at law or in
equity as may appear necessary to enforce compliance with the provisions of this chapter, and in
addition to any other remedy, may apply to the district court for relief by injunction, mandamus, or
any other appropriate remedy in equity. In such actions, the commissioner is not required to give
or post bond in any action to which the commissioner is a party whether upon appeal or
otherwise.19-14-08. Penalty - Criminal - Civil. Any person who violates any of the provisions ofthis chapter or any rule adopted pursuant to this chapter, or who willfully and falsely represents
that any livestock medicine is registered for sale in this state when in fact it is not so registered, is
guilty of a class B misdemeanor. In addition to the criminal penalty provided in this section, a
person who violates a provision of this chapter or a rule adopted pursuant to this chapter is
subject to a civil penalty not to exceed five hundred dollars per violation.Each day ofnoncompliance constitutes a separate violation for purposes of penalty assessments. The civil
penalty may be imposed by a court in a civil proceeding or by the agriculture commissioner
through an administrative hearing pursuant to chapter 28-32.Page No. 2Document Outlinechapter 19-14 livestock medicine