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21 U.S.C. § 154aSpecial licenses for special circumstances; expedited procedure; conditions; exemptions; criteria

submitted 113 years ago by Pub. L. 99-198 to r/title-21-FOOD-AND-DRUGS · 266 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can quickly grant a special license during an emergency, a limited market, or another unusual situation. This fast-track license must still ensure the product is pure, safe, and likely effective. Certain in-state or personal-use products can skip licensing entirely if they meet listed conditions.

To handle an emergency, a small or local market, or another special situation, including making a product only for use within one state under a state-run program, the Secretary can issue a special license through a faster process. This special license comes with whatever conditions are needed to ensure the product is pure, safe, and reasonably likely to work. The Secretary must also write a regulation exempting certain products from needing a normal, active license. This exemption covers any virus, serum, toxin, or similar product made by a person, firm, or corporation for: (1) giving only to that same person's, firm's, or corporation's own animals; (2) giving only to animals under a state-licensed veterinarian's care, as part of a proper veterinarian-client-patient relationship; or (3) distributing only within the state where it was made, under a license granted by a state program, but only if the Secretary decides that state's program meets certain standards. The state's program must (A) be able to license these products and the places that make them; (B) be able to check the products' purity, safety, potency, and effectiveness before licensing; (C) be able to check test results for compliance before the product reaches the market; (D) be able to effectively deal with violations of state law on these products; and (E) actually use these powers (A) through (D) in a way consistent with this chapter's goal, which is stopping the sale of worthless, contaminated, dangerous, or harmful products.
the actual law source: uscode.house.gov ↗public domain

In order to meet an emergency condition, limited market or local situation, or other special circumstance (including production solely for intrastate use under a State-operated program), the Secretary may issue a special license under an expedited procedure on such conditions as are necessary to assure purity, safety, and a reasonable expectation of efficacy. The Secretary shall exempt by regulation from the requirement of preparation pursuant to an unsuspended and unrevoked license any virus, serum, toxin, or analogous product prepared by any person, firm, or corporation—

(1)

solely for administration to animals of such person, firm, or corporation;

(2)

solely for administration to animals under a veterinarian-client-patient relationship in the course of the State licensed professional practice of veterinary medicine by such person, firm, or corporation; or

(3)

solely for distribution within the State of production pursuant to a license granted by such State under a program determined by the Secretary to meet criteria under which the State—

(A)

may license virus, serum, toxin, and analogous products and establishments that produce such products;

(B)

may review the purity, safety, potency, and efficacy of such products prior to licensure;

(C)

may review product test results to assure compliance with applicable standards for purity, safety, and potency, prior to release to the market;

(D)

may deal effectively with violations of State law regulating virus, serum, toxin, and analogous products; and

(E)

exercises the authority referred to in subclauses (A) through (D) consistent with the intent of this chapter of prohibiting the preparation, sale, barter, exchange, or shipment of worthless, contaminated, dangerous, or harmful virus, serum, toxin, or analogous products.

Source credit: (Mar. 4, 1913, ch. 145, § 1 [part], as added Pub. L. 99–198, title XVII, § 1768(c), Dec. 23, 1985, 99 Stat. 1654.)

history & why it existsrecord from the source credit
  • 1913Enacted · Pub. L. 99-198 · 99 Stat. 1654

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-198 on 1913-03-04.

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