HARRY HUGHES, Governor

1207

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article - Agriculture

3-201.

(a) In this subtitle the following words have the
meanings indicated.

(b)  "Biological product" means any product derived
from or containing microorganisms or animal tissues removed
from the animal and used for diagnosing, treating, or
immunizing against livestock or poultry diseases.

3-201.1.

(A) (1) EXCEPT AS PROVIDED IN THIS SUBSECTION, A
PERSON MAY NOT POSSESS, SELL, DONATE, OR DISTRIBUTE ANY
BIOLOGICAL PRODUCT THAT IS USABLE FOR THE TREATMENT OR
PREVENTION OF A DISEASE TRANSMISSIBLE TO A HUMAN BEING.

(2) THIS SUBSECTION DOES NOT APPLY TO:

(I)  A PHYSICIAN LICENSED TO PRACTICE IN
THIS STATE;

(II)  A VETERINARIAN LICENSED TO PRACTICE
IN THIS STATE;

(III)  A PERSON WHO SELLS OR DISTRIBUTES A
BIOLOGICAL PRODUCT TO A PHYSICIAN OR VETERINARIAN LICENSED
TO PRACTICE IN THIS STATE;

(IV)  A PERSON EMPLOYED BY THE DEPARTMENT
OF HEALTH AND MENTAL HYGIENE WHO POSSESSES THE BIOLOGICAL
PRODUCT UNDER AN OFFICIAL PROGRAM THAT IS BEING CONDUCTED BY
THAT DEPARTMENT;

(V)  A PERSON WHO, WHILE ENGAGED IN THE
SERVICE OF A BONA FIDE PRODUCT LABORATORY, PERFORMS RESEARCH
OR AN INVESTIGATION OF OR ABOUT A BIOLOGICAL PRODUCT; OR

(VI)  THE FOLLOWING PRODUCTS USED FOR
IMMUNIZING ANIMALS:

LEPTOSPIROSIS VACCINES AND BACTERINS,
STAPHYLOCOCCUS BACTERINS AND TOXOIDS, STREPTOCOCCUS
BACTERINS AND TOXOIDS, NEWCASTLE DISEASE VACCINE, ERYSIPELAS
VACCINES AND BACTERINS, TETANUS TOXOIDS AND SUCH OTHER
PRODUCTS AS MAY BY REGULATION BE GRANTED EXCEPTION; OR

(VI) (VII) ANY OTHER PERSON TO WHOM THE
SECRETARY GRANTS AN EXCEPTION THAT IS BASED ON A FINDING:

1. THAT THERE IS A NEED; AND