§ 151. — Preparation and sale of worthless or harmful products for domestic animals prohibited; preparation to be in compliance with rules at licensed establishments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 21USC151]
TITLE 21--FOOD AND DRUGS
CHAPTER 5--VIRUSES, SERUMS, TOXINS, ANTITOXINS, AND ANALOGOUS PRODUCTS
Sec. 151. Preparation and sale of worthless or harmful products
for domestic animals prohibited; preparation to be in compliance
with rules at licensed establishments
It shall be unlawful for any person, firm, or corporation to
prepare, sell, barter, or exchange in the District of Columbia, or in
the Territories, or in any place under the jurisdiction of the United
States, or to ship or deliver for shipment in or from the United States,
the District of Columbia, any territory of the United States, or any
place under the jurisdiction of the United States, any worthless,
contaminated, dangerous, or harmful virus, serum, toxin, or analogous
product intended for use in the treatment of domestic animals, and no
person, firm, or corporation shall prepare, sell, barter, exchange, or
ship as aforesaid any virus, serum, toxin, or analogous product
manufactured within the United States and intended for use in the
treatment of domestic animals, unless and until the said virus, serum,
toxin, or analogous product shall have been prepared, under and in
compliance with regulations prescribed by the Secretary of Agriculture,
at an establishment holding an unsuspended and unrevoked license issued
by the Secretary of Agriculture as hereinafter authorized.
(Mar. 4, 1913, ch. 145, Sec. 1 [part], 37 Stat. 832; Pub. L. 99-198,
title XVII, Sec. 1768(a), Dec. 23, 1985, 99 Stat. 1654.)
Codification
The sections of this chapter are comprised of the sentences of the
eighth paragraph under the heading ``Bureau of Animal Industry,'' in the
Department of Agriculture Appropriation Act, 1914, as amended.
Another section 1768 of Pub. L. 99-198, cited as a credit to this
section, amended section 136y of Title 7, Agriculture.
Amendments
1985--Pub. L. 99-198 substituted ``in or from the United States, the
District of Columbia, any territory of the United States, or any place
under the jurisdiction of the United States'' for ``from one State or
Territory or the District of Columbia to any other State or Territory or
the District of Columbia''.
Effective Date of 1985 Amendment
Section 1768(f) of Pub. L. 99-198 provided that:
``(1) Except as provided in paragraph (2), the amendments made by
this section [enacting sections 154a and 159 of this title and amending
this section and sections 154 and 157 of this title] shall become
effective on the date of enactment of this Act [Dec. 23, 1985].
``(2)(A) Subject to subparagraphs (B) through (D), in the case of a
person, firm, or corporation preparing, selling, bartering, exchanging,
or shipping a virus, serum, toxin, or analogous product during the 12-
month period ending on the date of enactment of this Act [Dec. 23, 1985]
solely for intrastate commerce or for exportation, such product shall
not after such date of enactment, as a result of its not having been
licensed or produced in a licensed establishment, be considered in
violation of the eighth paragraph of the matter under the heading
`BUREAU OF ANIMAL INDUSTRY' of the Act entitled `An Act making
appropriations for the Department of Agriculture for the fiscal year
ending June thirtieth, nineteen hundred and fourteen', approved March
14, 1913 (as amended by this section) [this chapter], until the first
day of the 49th month following the date of enactment of this Act.
``(B) The exemption granted by subparagraph (A) may be extended by
the Secretary of Agriculture for a period up to 12 months in an
individual case on a showing by a person, firm, or corporation of good
cause and a good faith effort to comply with such eighth paragraph with
due diligence.
``(C) The exemption granted by subparagraph (A) must be claimed by
the person, firm, or corporation preparing such product by the first day
of the 13th month following the date of enactment of this Act [Dec. 23,
1985], in the form and manner prescribed by the Secretary, unless the
Secretary grants an extension of the time to claim such exemption in an
individual case for good cause shown.
``(D) On the issuance by the Secretary of a license to such person,
firm, or corporation for such product prior to the first day of the 49th
month following the date of enactment of this Act [Dec. 23, 1985], or
the end of an extension of the exemption granted by the Secretary, the
exemption granted by subparagraph (A) shall terminate with respect to
such product.''
Short Title
Act Mar. 4, 1913, ch. 145, Sec. 1 [part], 37 Stat. 832, which is
classified to this chapter, is popularly known as the ``Virus-Serum-
Toxin Act''.
Transfer of Functions
For transfer of functions of the Secretary of Agriculture relating
to agricultural import and entry inspection activities under this
chapter to the Secretary of Homeland Security, and for treatment of
related references, see sections 231, 551(d), 552(d), and 557 of Title
6, Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Appropriations
An appropriation of $25,000 was made by act Mar. 4, 1913, for the
purpose of carrying into effect these provisions. The appropriation for
the fiscal year 1926 was by act Feb. 10, 1925, ch. 200, 43 Stat. 827.
