2023 Maryland Statutes
Agriculture
Title 3 - Regulation of Livestock and Poultry
Subtitle 10 - Use of Antimicrobial Drugs
Section 3-1001 - Definitions

Universal Citation:
MD. Agriculture Code § 3-1001 (2023)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

    (a)    In this subtitle the following words have the meanings indicated.

    (b)    “Administered in a regular pattern” means used:

        (1)    For multiple courses of therapy in the same animal or group of animals; or

        (2)    As standard operating procedure, including:

            (i)    In correspondence with a particular life stage of an animal, such as in ovo, at birth or hatch, or at weaning;

            (ii)    As an ongoing management strategy or tool, such as in correspondence with a particular:

                1.    Age or weight of an animal;

                2.    Time of the week, month, or year; or

                3.    Season; or

            (iii)    When moving animals from one location to another.

    (c)    “Control the spread of disease or infection” means to contain the transmission of a documented disease or infection present in:

        (1)    A group of animals in contact with each other; or

        (2)    A barn or equivalent animal housing unit.

    (d)    “Documented” means acknowledged and recorded.

    (e)    (1)    “Elevated risk” means a risk that is significantly higher than that present under normal or standard operating conditions.

        (2)    “Elevated risk” does not include a risk typically or frequently present under normal or standard operating conditions.

    (f)    “Medically important antimicrobial drug” means any drug from a class of drug or derivative of a class of drug that is:

        (1)    (i)    Made from a mold or bacterium that kills or slows the growth of other microbes, specifically bacteria; and

            (ii)    Used in human beings or intended for use in human beings to treat or prevent disease or infection; or

        (2)    Listed in:

            (i)    Appendix A of the federal Food and Drug Administration’s Guidance for Industry #152, including critically important, highly important, or important antimicrobial drugs; or

            (ii)    A subsequent guidance document created by the federal Food and Drug Administration that ranks the medical importance of antimicrobial drugs.

    (g)    “Medically important antimicrobial drug prescription” means an order issued by a veterinarian licensed in the State in the course of the veterinarian’s professional practice:

        (1)    For a medically important antimicrobial drug that is:

            (i)    In a water–soluble powder form; and

            (ii)    To be added to the drinking water of cattle, swine, or poultry; and

        (2)    That provides the same or substantially similar information as the information that is required for a veterinary feed directive under Title 21, § 558.6(b)(3) and (4) of the Code of Federal Regulations.

    (h)    “Owner” means a person that:

        (1)    Has an ownership interest in cattle, swine, or poultry, including a right or an option to purchase the cattle, swine, or poultry; or

        (2)    Is otherwise engaged in the business of obtaining live cattle, swine, or poultry under a growing agreement for the purpose of either slaughtering the cattle, swine, or poultry or selling the cattle, swine, or poultry for slaughter.

    (i)    “Prophylaxis” means the prevention of disease or infection in the absence of documented clinical signs of disease or infection.

    (j)    “Treat a disease or infection” means to resolve clinical signs of infection or disease in an infected animal.

    (k)    “Veterinary feed directive” means a written statement issued by a veterinarian licensed in the State in the course of the veterinarian’s professional practice that:

        (1)    Orders the use of an animal drug in or on animal feed;

        (2)    Authorizes an owner or a caretaker of an animal to obtain and use animal feed bearing or containing an animal drug to treat the animal; and

        (3)    Meets the conditions and requirements specified under Title 21, § 558.6 of the Code of Federal Regulations.

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