§ 3.1-837. (Repealed effective October 1, 2008) Prohibitions
A. No person shall:
1. Sell, deliver, hold, or offer for sale any animal remedy which has not been registered with the Commissioner as provided in § 3.1-834, except that any biological product for use on or testing of any livestock, poultry, or any animal, manufactured under a license issued by the United States Department of Agriculture, shall not be considered as being subject to the registration requirements of such section.
2. Manufacture, sell, deliver, hold, or offer for sale any animal remedy that is adulterated or misbranded.
3. Compound, manufacture, make, produce, pack, package, or prepare within this Commonwealth any animal remedy to be offered for sale or distribution unless such compounding, manufacture, making, producing, packaging, packing or preparing is done with adequate equipment under the supervision of a licensed veterinarian, a graduate chemist, a licensed pharmacist, a licensed physician, or some other person as may be approved by the Commissioner after an investigation and a determination by the Commissioner that they are qualified by scientific or technical training or by experience to perform such duties of supervision as may be necessary to protect animal health and public safety.
4. Disseminate any advertisement which is false or misleading in any respect, but no person or medium for the dissemination of any advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false 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 false advertisement, unless he refused, on the request of the Commissioner to furnish the name and address of the manufacturer, packer, distributor, seller, or advertising agency which caused him to disseminate such advertisement.
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 guaranty to the same effect signed by, and containing the name and address of, the person from whom he received the animal remedy in good faith.
7. Alter, mutilate, destroy, obliterate, or remove any part of the labeling of any animal remedy if such acts result in such animal remedy being misbranded, or do any other act, while such animal remedy is being held for sale, which results in the misbranding of such article.
8. Forge, counterfeit, simulate, or falsely represent, or without proper authority use, any mark, stamp, tag, label, or other identification device required 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 license issued by the United States Department of Agriculture or a registration issued by the Commissioner, or unless such product meets the requirements of the federal "Food, Drug and Cosmetic Act."
10. Sell or offer to sell any biological product that has not been kept in refrigeration under conditions prescribed by the rules and regulations of the Board.
B. The Commissioner, or his agent, shall make an assessment upon any person who commits a prohibited act under this chapter ten percent of the retail price of the animal remedy at the time of sampling on the product found in violation, or fifty dollars, whichever is greater, not to exceed $5,000 per occurrence. The person on whom the assessment is made shall pay the assessment to the Commissioner within sixty days from the date of notice to the person whose name appears on the label. Any person who fails to pay the assessment within the specified time shall pay a late fee of fifty dollars to the Commissioner in addition to the assessment. The Commissioner shall revoke the registration of any person who fails to pay the assessment.
(Code 1950, § 3-646.8; 1956, c. 517; 1966, c. 702; 1994, c. 910.)
Sections: Previous 3.1-830 3.1-831 3.1-832 3.1-833 3.1-834 3.1-835 3.1-836 3.1-837 3.1-838 3.1-839 3.1-840 3.1-841 3.1-842 3.1-843 3.1-844 NextLast modified: April 16, 2009