2006 Code of Virginia § 3.1-837 - Prohibitions

3.1-837. Prohibitions.

A. No person shall:

1. Sell, deliver, hold, or offer for sale any animal remedy which has notbeen registered with the Commissioner as provided in 3.1-834, except thatany biological product for use on or testing of any livestock, poultry, orany animal, manufactured under a license issued by the United StatesDepartment of Agriculture, shall not be considered as being subject to theregistration requirements of such section.

2. Manufacture, sell, deliver, hold, or offer for sale any animal remedy thatis adulterated or misbranded.

3. Compound, manufacture, make, produce, pack, package, or prepare withinthis Commonwealth any animal remedy to be offered for sale or distributionunless such compounding, manufacture, making, producing, packaging, packingor preparing is done with adequate equipment under the supervision of alicensed veterinarian, a graduate chemist, a licensed pharmacist, a licensedphysician, or some other person as may be approved by the Commissioner afteran investigation and a determination by the Commissioner that they arequalified by scientific or technical training or by experience to performsuch duties of supervision as may be necessary to protect animal health andpublic safety.

4. Disseminate any advertisement which is false or misleading in any respect,but no person or medium for the dissemination of any advertisement, exceptthe manufacturer, packer, distributor, or seller of the article to which afalse advertisement relates, is subject to the penalties for violations of 3.1-829 to 3.1-844 by reason of the dissemination by him of such falseadvertisement, unless he refused, on the request of the Commissioner tofurnish the name and address of the manufacturer, packer, distributor,seller, or advertising agency which caused him to disseminate suchadvertisement.

5. Dispose of a detained article in violation of 3.1-833.

6. Give a guaranty which is false, except a person who relied on a guarantyto the same effect signed by, and containing the name and address of, theperson from whom he received the animal remedy in good faith.

7. Alter, mutilate, destroy, obliterate, or remove any part of the labelingof any animal remedy if such acts result in such animal remedy beingmisbranded, or do any other act, while such animal remedy is being held forsale, which results in the misbranding of such article.

8. Forge, counterfeit, simulate, or falsely represent, or without properauthority use, any mark, stamp, tag, label, or other identification devicerequired by 3.1-832.

9. Sell or offer to sell any biological product for use on any livestock,poultry, or other animal, unless such product is manufactured under a licenseissued by the United States Department of Agriculture or a registrationissued by the Commissioner, or unless such product meets the requirements ofthe federal "Food, Drug and Cosmetic Act."

10. Sell or offer to sell any biological product that has not been kept inrefrigeration under conditions prescribed by the rules and regulations of theBoard.

B. The Commissioner, or his agent, shall make an assessment upon any personwho commits a prohibited act under this chapter ten percent of the retailprice of the animal remedy at the time of sampling on the product found inviolation, or fifty dollars, whichever is greater, not to exceed $5,000 peroccurrence. The person on whom the assessment is made shall pay theassessment to the Commissioner within sixty days from the date of notice tothe person whose name appears on the label. Any person who fails to pay theassessment within the specified time shall pay a late fee of fifty dollars tothe Commissioner in addition to the assessment. The Commissioner shall revokethe registration of any person who fails to pay the assessment.

(Code 1950, 3-646.8; 1956, c. 517; 1966, c. 702; 1994, c. 910.)