# Title 4.1 — Agriculture

## Chapter 4.1-43 — Livestock Medicine

### § 4.1-43-01. Definitions.

As used in this chapter:
1. "Livestock medicine" means all devices, remedies, cures, tonics, powders, proprietary
medicines, type A medicated articles, and similar preparations for the treatment or
prevention of any disease of livestock, poultry, or other domestic animals which are
administered internally for their stimulating, invigorating, curative, or other than
nutritive powers, and also all powders, sprays, dips, and other preparations for
external use in the curing of scab or the eradication of ticks, lice, and other mites and
parasites on livestock, poultry, or other domestic animals. The term does not include
medicines that are manufactured, sold, or recommended primarily for human use.
2. "Type A medicated article" means a product with standardized potency containing one
or more new animal drugs intended for use in the manufacture of another medicated
article or a medicated feed.
### § 4.1-43-02. Registration of livestock medicine.

The commissioner shall register any livestock medicine that does not violate this chapter,
upon the completion of an application by the manufacturer or distributor of the livestock
medicine and the payment of the registration fee prescribed in section 4.1-53-04. Registration of
livestock medicine is valid for a two-year period beginning July first and ending June thirtieth of
every even-numbered year unless it is canceled by the commissioner because a change is
made in the ingredients or formula of the livestock medicine or in the name, brand, or trademark
under which the medicine is sold. In the event of any change, the medicine must be registered
once again through an original application with the commissioner.
The certificate of registration must include a disclosure of the name and quantity or
proportion of each active ingredient and the names of the inert ingredients or fillers.
### § 4.1-43-03. Regulations for sale.

A person may not sell, offer for sale, expose for sale, or possess with the intent to sell, any
livestock medicine:
1. That is sold under a name, brand, trademark, or labeling that is misleading, deceptive,
false, or dangerous to animals under the conditions of use prescribed in the labeling or
advertising;
2. That purports to cure any infectious disease of domestic animals for which no genuine
cure is known;
3. That has not been registered by the commissioner for sale in this state;
4. That does not have printed or written upon the label of each package sold at retail, in
type not less than one-fourth the size of the largest type on the package:
a. The common name, in English, of all active ingredients in the order of their
predominance in the product;
b. A statement of the actual percentage or relative amounts of each ingredient
active and inert, unless exemptions are established by rules adopted by the
commissioner;
c. The net contents, by weight, measure, or numerical count of the package;
d. The name and principal address of the manufacturer or person responsible for
placing the livestock medicine on the market; and
e. Complete and explicit directions for use of the medicine.
5. If the contents of the package as originally manufactured have been removed in whole
or in part, and other contents have been placed in the package.
### § 4.1-43-04. Registration fee.

A registration fee of forty dollars must be paid to the commissioner for each livestock
medicine that is registered prior to each two-year registration ending June thirtieth of every

even-numbered year. An application for registration which is received by the commissioner after
July thirty-first of the year in which the application is due must be assessed an additional late
registration fee of ten dollars.
### § 4.1-43-05. Commissioner may cancel registration.

The commissioner may cancel the registration of any livestock medicine that is sold in
violation of this chapter.
### § 4.1-43-06. Commissioner may adopt rules, take testimony, grant public hearings.

The commissioner may adopt rules under chapter 28-32, governing applications for
registration, the submission of samples for analysis, and all other matters necessary to give
effect to this chapter. The commissioner may take expert and other testimony and, upon
request, shall grant a public hearing prior to the cancellation of a registration and also to any
manufacturer or distributor whose request for registration of any livestock medicine has been
denied.
### § 4.1-43-07. Enforcement.

The commissioner shall enforce this chapter through inspection, chemical analysis, and any
other appropriate method. All samples for analysis must be taken from stocks held within, or
intended for sale in, this state. The commissioner may require any manufacturer or distributor
applying for registration of a livestock medicine to supply samples of the medicine for analysis.
The commissioner may institute any action at law or in equity as may appear necessary to
enforce compliance with the provisions of this chapter, and in addition to any other remedy, may
apply to the district court for relief by injunction, mandamus, or any other appropriate remedy in
equity. In such actions, the commissioner is not required to give or post bond in any action to
which the commissioner is a party whether upon appeal or otherwise.
### § 4.1-43-08. Penalty - Criminal - Civil.

It is a class B misdemeanor for any person to willfully violate a provision of this chapter or
any rule adopted under this chapter, or who willfully and falsely represents that any livestock
medicine is registered for sale in this state. A person who violates a provision of this chapter or a
rule adopted under this chapter is subject to a civil penalty not to exceed five hundred dollars
per violation. Each day of noncompliance constitutes a separate violation for purposes of
penalty assessments. The civil penalty may be imposed by a court in a civil proceeding or by
the commissioner through an administrative hearing under chapter 28-32.
