2016 North Dakota Century Code Title 19 Foods, Drugs, Oils, and Compounds Chapter 19-14 Livestock Medicine
Download as PDF
CHAPTER 19-14
LIVESTOCK MEDICINE
19-14-01. 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 application of 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 in possession 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. The
certificate 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;
d. The name and principal address of the manufacturer or person responsible for
placing the livestock medicine on the market; and
e. 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.
Page No. 1
19-14-04. Registration fee.
Prior to each two-year registration ending June thirtieth of every 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 the registration 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 by inspection, 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 of this 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 of noncompliance 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. 2
Disclaimer: These codes may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
