MCA Chapter 17

in effect

Miss. Code Ann. § 69-17-1 Citation of article.

This article shall be known and may be cited and referred to as the “Livestock Biologics and Drug Law of 1958.”

Miss. Code Ann. § 69-17-3 Sale of biologics, drugs, etc., prohibited until approved by Board of Animal Health.

No person, firm or corporation shall sell or offer for sale any biologics, drugs, remedies, tonics, medicine or other health preparation in the State of Mississippi designed for or to be administered to any livestock, poultry or any other animals until same has been registered with and approved for distribution by the board of animal health as herein provided for. Nothing in this article shall be construed to prevent the sale of any antibiotics by any concern to farmers or livestock owners.

Miss. Code Ann. § 69-17-5 Article not applicable where preparations are dispensed by a licensed veterinarian.

Nothing in this article shall apply to the dispensing of biologics, drugs, remedies, tonics, medicines or preparations hereinabove referred to by a licensed veterinarian if same is delivered by the licensed practitioner in the course of his professional practice or upon his prescription.

Miss. Code Ann. § 69-17-7 Other exemptions.

Any biologics, drugs, remedies, tonics, medicine or other preparation hereinabove referred to which are licensed or which are authorized to be sold under and in accordance with the Public Health Service Act of July 1, 1944 (58 Stat. 682; 42 U.S.C. Supp. V. 201 et seq.) or under the animal virus-serum-toxin law of March 4, 1913 (37 Stat. 832; 21 U.S.C. 151 et seq.) shall be exempt from the provisions of this article.

Miss. Code Ann. § 69-17-9 Application for registration.

The application for registration shall be made in such form and contain such information as may be prescribed by the Board of Animal Health of the State of Mississippi and shall give in detail the composition of the preparation, the safety of its use, recommendations and directions for use, claims of effectiveness and proof of all claims, and shall include an official product label and any other evidence which the said board considers necessary in determining eligibility of registration in compliance with this article.

Miss. Code Ann. § 69-17-11 Rules and regulations.

The said Board of Animal Health is hereby authorized and directed to promulgate rules and regulations not inconsistent with this article, which may be necessary to its effective administration.

Miss. Code Ann. § 69-17-13 Investigation and seizure of products.

The said Board of Animal Health and its authorized representatives shall have the right to inspect, investigate, sample and seize in accordance with lawful procedure any product covered by this article.

Miss. Code Ann. § 69-17-15 Penalties.

Any person, firm or corporation violating any provision, or provisions, of this article shall have his registration rejected or revoked, and shall be guilty of a misdemeanor and upon conviction thereof, in addition to the foregoing, may be fined not to exceed One Hundred Dollars ($100.00) or imprisoned in jail not exceeding thirty days, either or both.

Miss. Code Ann. § 69-17-101 Registration of certain instruments.

Every person, except a bona fide merchant, who owns or possesses an instrument designed to project a tranquilizer or drug by means of compressed gas, explosion, or by mechanical means, into livestock for the purpose of rendering the animal docile, by whatever name known, shall register same within thirty days with the commissioner of public safety on forms to be provided by him. Any person hereafter coming into possession of or owning such instrument shall immediately register same with the commissioner of public safety. The commissioner shall make forms available to the general public at all Mississippi Highway Safety Patrol substations.

Miss. Code Ann. § 69-17-103 Register of drugs dispensed.

Any person selling or dispensing tranquilizers or drugs manufactured for injection into livestock by means of an instrument identified in Section 69-17-101 for the purpose of rendering livestock docile, shall maintain a register wherein he shall enter the date such drug is sold or dispensed, the name and address of the purchaser or receiver, and the identity and quantity of said drug.

Miss. Code Ann. § 69-17-105 Inspection of drugs dispensed register.

Any sheriff, constable, police officer, highway patrolman, or special investigator authorized under the provisions of Section 69-29-1, Mississippi Code of 1972, shall have the power to inspect the register of drugs dispensed required to be maintained by this article at a reasonable time during normal business hours of the dispenser or vendor thereof.

Miss. Code Ann. § 69-17-107 Penalties.

Any person who shall violate any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not less than thirty days nor more than six months, or by both such fine and imprisonment.

Miss. Code Ann. § 69-17-201 Restriction on possession, sale or other disposition of virus; penalty.

It shall be unlawful for any person, firm, corporation or association to have in possession or keep, sell or offer for sale, barter, exchange, give away or otherwise dispose of hog cholera virus, except at Mississippi State University of Agriculture and Applied Science and under the supervision of a licensed veterinarian and with a special written permit issued by the board of animal health. “Hog cholera virus” means an unattenuated virus administered to swine for the purpose of immunizing such swine from the disease known as hog cholera. Any person, firm, corporation or association violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be fined not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00).