N.Y. Comp. Codes R. & Regs. tit. 1 § 59.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 59.2 - Therapeutic preparations

(a) As provided in subdivision 4 of section 89 of the Agriculture and Markets Law, all therapeutic preparations of microbiological origin prepared within or brought into the State to be retained, sold or given away within the State for use in the detection, prevention, control or eradication of infectious or contagious diseases of domestic animals or fowls, or for the administration thereto for whatever purpose shall be confined to use by legally qualified veterinarians; and

(b) All such preparations except the following are exempt from this provision:

(1) Anaplasmosis antigen and vaccine;

(2) Anthrax vaccine, serum, bacterin and aggressin;

(3) Blackleg vaccine, serum, bacterin and aggressin;

(4) Blue tongue vaccine;

(5) Brucella abortus vaccine (bovine abortion vaccine)

(6) Brucella abortus antigen;

(7) Contagious ecthyma vaccine;

(8) Antiencephalitis (encephalaomyelitis) serums singly or in combination;

(9) Equine infectious anemia antigen (swamp fever antigen);

(10) Hog cholera virus, vaccine and serum;

(11) Johnin;

(12) Mallein;

(13) Rabies vaccine and serum, except as provided in subdivision (c) of this section;

(14) Tuberculin (bovine and avian);

(15) Pseudorabies vaccine, both modified live and killed types; and

(16) all other biological products which are developed for the prevention of animal or poultry diseases after the effective date of this Part and which contain a living pathologenic agent.

(c) Notwithstanding any other provision of this Chapter, rabies vaccine and serum shall not be confined to use by legally qualified veterinarians when such vaccine or serum is being administered as part of a pilot or research project involving the control of rabies in wildlife, provided such project has been approved by the Commissioner of Environmental Conservation, the Commissioner of Health and the Commissioner of Agriculture and Markets and the vaccine or serum is being administered by persons who have been authorized in writing by the Department of Agriculture and Markets to use such vaccine or serum and the said persons so authorized are acting under the direct or indirect supervision of a licensed project staff veterinarian and in accordance with all applicable State and Federal statutes and regulations. Applications for such authorization shall be endorsed by the licensed project staff veterinarians under which supervision the applicants will be acting. Said authorization shall be granted if the commissioner is satisfied that the applicant is qualified by background, training and experience to effectively administer rabies vaccine or serum as part of a pilot or research project involving the control of rabies in wildlife.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 59.2