California Code of Regulations › Title 3 - Food and Agriculture › Division 5 - Livestock Drugs › Chapter 1 - Livestock Drugs › Article 5 - Violations and Penalties › Section 5005 - Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It
				  is unlawful for any business located within or outside of the State of
				  California to make any retail sale of a restricted livestock drug within or
				  into this state unless the business holds a valid restricted livestock drug
				  license issued pursuant to Article 3 of Chapter 1 of Division 5 of Title 3 of
				  the California Code of Regulations.
(b) It is unlawful for any business to fail
				  to obtain a separate restricted livestock drug license for each place of
				  business at which any restricted livestock drug is kept for sale, and for each
				  mobile unit in which any such drug is kept for sale.
(c) It is unlawful for any business to sell a
				  livestock drug within or into this state that is not registered pursuant to
				  Article 4 of Chapter 4 of Division 7 of the Food and Agricultural
				  Code.
(d) It is unlawful for any
				  applicant to submit inaccurate or outdated information on the restricted
				  livestock drug license application or renewal.
(e) It is unlawful for any restricted
				  livestock drug licensee to fail to notify the Department within thirty (30)
				  calendar days if any of the information provided pursuant to Sections
				  5002(a)(1) through
				  5002(a)(2)(E)
				  changes after the license is issued.
(f) It is unlawful for any restricted
				  livestock drug licensee to sell a California prescription drug prior to
				  providing the information required pursuant to Section
				  5002(a)(2)(F).
(g) It is unlawful for any restricted
				  livestock drug licensee to fail to notify the Department prior to selling a
				  California prescription drug if any of the information provided pursuant to
				  Section 5002(a)(2)(F)
				  changes after the license is issued.
(h) It is unlawful for any restricted
				  livestock drug licensee to fail to keep sales records of restricted livestock
				  drugs or to fail to make the required records available to the Department upon
				  request as required by Section
				  5004 of this chapter.
(i) It is unlawful for any business to
				  prevent the entry into and inspection of any premises where livestock drugs are
				  stored or sold.
(j) It is unlawful
				  for any business to sell any livestock drug that is outdated, damaged,
				  misbranded or adulterated.
(k) It
				  is unlawful for a restricted livestock drug licensee who does not renew their
				  license with the Department on or before January 31 to sell any restricted
				  livestock drugs beginning February 1 of that year.
1. New
					 article 5 (sections
					 5005-5006) and section filed
					 8-16-2018; operative 8-16-2018 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 33).
2. Amendment of subsections (c), (i) and
					 (j) filed 3-13-2023; operative 7-1-2023 (Register 2023, No. 11).
Note: Authority cited: Sections
						407
						and
						14231,
						Food and Agricultural Code. Reference: Sections
						14321,
						14326,
						14327,
						14328,
						14329,
						14351,
						14354,
						14356,
						14357
						and
						14362,
						Food and Agricultural Code.