                                 CODE OF VIRGINIA

PROHIBITIONS (§ 3.2-4912)

A. It is unlawful for any person to:

   1. Sell, deliver, hold, or offer for sale any animal remedy that has not been
   registered with the Commissioner as provided in &#xA7; 3.2-4902, except that
   any biological product for use on or testing of any livestock, poultry, or any
   animal, manufactured under a license issued by the U.S. 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 the
   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 that is false or misleading. 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 this chapter for
   disseminating 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 that caused him to disseminate such
   advertisement.

   5. Dispose of a detained article in violation of &#xA7; 3.2-4908.

   6. Give a guaranty that is false, except a person who relied on the guaranty
   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 the animal remedy being misbranded,
   or do any other act, while the animal remedy is being held for sale that
   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 &#xA7; 3.2-4907.

   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 U.S. 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 regulations of the Board.

B. The Commissioner shall assess any person who commits a prohibited act under
this chapter 10 percent of the retail price of the animal remedy at the time of
sampling on the product found in violation, or $50, whichever is greater, not to
exceed $5,000 per occurrence. The person assessed shall pay the assessment to
the Commissioner within 60 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 $50 to the Commissioner in addition to
the assessment. The Commissioner shall revoke the registration of any person who
fails to pay the assessment.

HISTORY: Code 1950, § 3-646.8; 1956, c. 517; 1966, c. 702, § 3.1-837; 1994, c.
910; 2008, c. 860.