CHAPTER 277

FORMERLY

SENATE BILL NO. 342

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND

HOUSE AMENDMENT NO. 1 TO HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 3, DELAWARE CODE RELATING TO BIOLOGICAL PRODUCTS FOR POULTRY AND ANIMAL DISEASES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section I. Amend Chapter 67, Title 3, Delaware Code by striking said chapter in its entirety and substituting in lieu thereof the following new Chapter 67 to read as follows:

"Chapter 67 Biological Products For Use In Animal and Poultry.

Section 6701 Definitions:

(1) "Department" means Department of Agriculture

(2) "Person" includes individual, partnership, corporation, cooperative or association.

(3) "Distribute" means offer to sale, sell, barter or otherwise supply biologicals

(4) "Biological product" means living, attenuated, or killed organisms or viruses for the treatment or prevention of diseases of animals, other than humans, or poultry.

(5) "Safety" means that the biological product is not harmful for the purposes intended.

(6) "Potency" means that the biological product possesses sufficient power to protect poultry or animals, other than humans, against the disease or diseases represented by the registrant.

Section 6702 Statement of Purpose

The provisions of this chapter shall apply to the use of all biological products to be used for the prevention, suppression or treatment of disease in animals, other than humans, or poultry kept or housed within the confines of this state.

Section 6703 Requirements

Each biological product, before being shipped into this State, must comply strictly with the provisions set forth by the U.S. Department of Agriculture's Veterinary Biologics Division on safety potency and efficacy. The product manufacturer must supply upon demand of the State Veterinarian's office of the Delaware Department of Agriculture a copy of the U.S.D.A. approval to market the product in question In interstate commerce.

Any person manufacturing a biological product solely for use within the State of Delaware must also comply with the same requirements as set down for the interstate sale of biologicals.

Section 6704 Refusal of Permission to Distribute: Exemptions

(a) If in the opinion of the State Veterinarian the best interest of the animal, other than humans, or poultry population of the State would be served or for reason of proper diagnosis that a biological product duly licensed and approved by the U.S.D.A. Biologics Division should not be used within the State, then the manufacturer of such a biological will be notified why that product should not be distrubuted within the State of Delaware.

(b) The State Veterinarian shall have the authority to grant exemptions to the above requirements if It is positively shown that there is a case of hardship caused by the withholding of approval of the product destined for use by Delaware livestock producers.

(c) The State Veterinarian shall grant, in writing, permission for a manufacturer who has complied with U.S.D.A. requirements to conduct field trials using new products on poultry or animals In the State of Delaware.

Section 6705 Penalties and Jurisdiction

Any person who knowingly buys, receives, or uses any bilogical product intended for use in animals. other than humans, or poultry that does not have U.S.D.A. approval or a written statement of exemption from the State Veterinarian shall be fined not less than $100.00 nor more than $1000.00. The Court of Common Pleas shall have jurisdiction over violations of this section.

Approved June 22, 1982.