Honorable George W. Cox 

State Health Officer 

Board of Health 

Austin, Texas 

Dear Sir: Opinion No. 0-7083 

Re: Registration of veterinary products under the Texas Livestock 

Remedy Act. 

Your request for opinion on the above matter reads 

in part as follows: 

"We would like to submit our request to you 

for a formal ruling onthe following question: 

non) reads 

The Miller Veterinary Supply Company, Fort 

Worth, Texas, who is the distributor for 

several manufacturers engaged in the manufacture and sale of veterinary products, has 

applied for a blanket registration under 

Senate Bill No. 75, known as the Texas Livestock Remedy Act, Can a distributor distributing veterinary products under the manufa~cturer's label make such a blanket registration or is it the responsibility of the individual manufacturers to register their products direct according to the requirements of 

the Texas Livestock Remedy Act?" 

Section 4 of Senate Bill No. 75 (Article 192-1, Veras follows: 

"(a) Any person may make application for the 

registration of a livestock remedy by filing with the 

State Health Officer on forms furnished by him, a 

sworn statement with respect thereto setting forth: 

"(1) The name and principal address of the 

manufacturer or person responsible for placing such 

livestock remedy on the market: 

"(2) The name, brand or trademark under which 

the livestock remedy is to be sold; 
Honorable George W. Cox, page 2 0-7083 

“(3) The minimum net contents of the package, 

lot or parcel of such livestock remedy (stated by 

weight in the case of solids and by volume in the case 

0f liquids, and by both count and weight or volume 

per dose in the case of d~osage forms); 

"(4) The English name of each active ingredient, except in the case of livestock remedies for 

insecticidal use, the name and percentage of each 

active ingredient together with the total percentage 

of~inert ingredients or the name and percentage ~of 

each inert ingredient or the words "active ingredients lOO$' when the article consists of ingredients 

all of which will prevent, destroy, repel or mitigate 

insects or parasites; 

“(5) The percentage of diluent filler or inert ingredient; 

“(6) If present, the name and quantity or 

proportion of all anthelmintic drugs, alcohol, 

strychnine, arsenic, lead, mercury, chloroform, or 

any derivative or preparation of such substances; 

“(7) If present, the minimum percentages of 

phosphorus (P) and iodine (i) and the maximum percentages of calcium (Ca) and salt (NaCl); 

“(8) ~If present, the quantity of vitamin A in 

U.S.P. units, vitamin D for poultry in A.O.A.C. chick 

units, vitamin D. for other animals in U.S.P. units, 

and all other vitamins in milligrams or micrograms 

per gram, ounce or pound, in the case of solids and 

;;;u~;;liliter, fluid ounce, or' pint in the case of 

, or per count in the case of dosage forms; 

"(b) A label or specimen of labeling for any 

livestodk remedy shall accompany each application for 

registration, and when requested by the State Health 

Officer a representative and true sample or specimen 

of each livestock remedy to be registered. 

"(c) If the State Health Officer after examination and investigation finds the application and 

labeling comply with the requirements of this Act, a 

certificate of registration shall be issued the appliCant on payment of a registration fee as hereinafter 

provided. All such certificates shall be issued for 

a perlocl not exceeding one year, expiring on December 

3ls.t of each year. No certificate shall be construed 
Honorable George W. Cox, page 3 

as a recommendation or endorsement of the livestock 

remedy registered. 

"(d) The provisions of this section shall 

not apply to a livestock remedy intended solely for 

investigational, experimental or laboratory use by 

qualified persons, provided the article is plainly 

labeled 'For Investigational Use Only'. 

"(e) Nothing In this Act shall apply to any 

product registered with the Commissioner of Agrlculture under the provisions of Chapter 98, Acts of the 

Regular Session of the 48th Legislature." 

Section 5 of said Act reads as follows: 

"To provide for the costs of enforcement of 

this Act: (a) The State Health Officer shall, prior 

to the issuance of an original certificate of registration for any livestock remedy, collect from the 

applicant therefora registration fee of not more than 

Ten Dollars ($10.00) for each separate and distinct 

article registered; or a blanket fee of not more than 

One Hundred Dollars ($100.00) of any manufacturer or 

person registering ten or more products: Provided, 

that for a period of six months or less the original 

registration fees above mentioned shall be halved; and, 

provided further, that when a livestock remedy has been 

registered and the registration fee paid by the manufacturer or distributor, no other person shall be required to pay such fee. 

"(b) Registration of any livestock remedy may 

be continued in force and effect upon the payment of 

an annual renewal fee of not more than Ten Dollars 

($10.00) for each separate and distinct product registered; or a blanket renewal fee of not more than One 

Hundred Dollars ($100.00) of any manufacturer or person registering ten or more products. Provided, that 

such re-registration must be applied for and all renewal fees paid on or before January 31st of each year. 

"(c) In the event the registration fees above 

set forth provide more revenue than necessary for the 

enforcement of this Act, the State Health Officer is 

hereby authorized and directed to reduce such fees by 

regulation, or by regulation to increase such fees if 

deemed necessary, but not in excess of the fees specified In sub-sections (a) and (b) hereof. 
Honorable George W. Cox, page 4 0-7083 

"(a) Any retailer of livestock remedies who 

has bought a supply of such remedies at a time when 

such articles were duly registered shall be allowed 

to sell or otherwise dispose of the same without reregistering such articles." 

Section 15 of said Act, 

reads in part as follows: 

being the emergency clause, 

"The fact that there is now no adequate law 

regulating the manufacture and sale of livestock remedies in Texas, and the further fact that the livestock 

producers of Texas need uniform guarantee and assurance 

that the products which are offered to them for sale 

and which they purchase to administer to their livestock meet the respective purposes for which each is 

supposed to be used, . . . creates an emergency. . .' 

We are unable to find anything In the Act which 

would require the individual manufacturer to register its own 

products. Section 4 authorizes "any person" to make applica.tion 

for the registration of a remedy, not "any manufacturer". However, it is clear that the information required by said Section 

4 to be sworn to can be given only by one who has personal 

knowledge of the ingredients of the particular remedy. Hearsay 

statements of such contents, such as could be gained from a 

reading of the label of the package, are of no probative value 

and will not suffice. Such heresay statements would be no assurance to the livestock producer who might purchase the remedy 

that the product is what it Is represented to be. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

By s/Arthur L. Roller 

Arthur L. Moller 

Assistant 

ALM:ms:wc 

APPROVED FEB 23, 1946 

s/Carlos C. Ashley 

FIRST ASSISTANT 

ATTORNEY GENERAL 

This Opinion Considered And Approved In Limited Conference