Cal. Code Regs. tit. 3 § 5000

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 5000 - Definitions

For purposes of this chapter, the following definitions apply:

(a) "Company representative" means an individual representing a restricted livestock drug licensee that is assigned to perform the duties required to maintain a restricted livestock drug licensee's compliance with California livestock drug laws and regulations.

(b) "Livestock" includes all animals, poultry, and bees, and aquatic and amphibian species which are raised, kept, or used for profit. It does not include those species which are usually kept as pets, such as dogs, cats, and pet birds. "Species which are raised, kept, or used for profit" means:

(1) Livestock that are used for financial gain, commercial use, breeding, competition, or show; or

(2) Livestock whose owners are engaged in business using animals for financial gain, commercial use, breeding, competition, or show.

(c) "Parent company" means the legal business entity that owns a restricted livestock drug licensee.

(d) "Qualified individual" means a person who meets the requirements of Section of Title 35009 of Title 3 of the California Code of Regulations.

(e) "Restricted livestock drug" means any livestock drug which is sold in such form that it might be administered to humans and if so administered would be dangerous to the health of such humans or any livestock drug which if improperly administered to livestock is dangerous to the health of such livestock or to humans who consume products from such livestock. Restricted drugs include all of the following:

(1) Arsenic compounds and preparations;

(2) Diethylstilbestrol and other substances which have a hormonelike action;

(3) Sulfanilamide or substitute sulfanilamides;

(4) Antibiotic preparations, including those medically important antimicrobial drugs federally labeled for over the counter sale listed in Appendix A of the federal Food and Drug Administration's Guidance for Industry #152, including critically important, highly important, and important antimicrobial drugs, as that appendix may be amended;

(5) Type A Medicated Articles as defined in Section 558.3(b)(2) of Title 21 of the Code of Federal Regulations (8/24/2016), which is hereby incorporated by reference; and

(6) Any drug that has a withdrawal period.

(f) "Restricted livestock drug licensee" is a location licensed pursuant to Article 3 of Chapter 1 of Division 5 of Title 3 of the California Code of Regulations where sales of restricted livestock drugs occur.

(g) "Sell" includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade and refers to in-person sales at a physical place of business, including mobile units, and all sales conducted using the internet, electronic mail, telephone, facsimile, mail order, or catalog.

Cal. Code Regs. Tit. 3, § 5000

1. New division 5 (chapters 1-2, sections 5000-5015), chapter 1 (articles 1-5, sections 5000-5006), article 1 (section 5000) and section filed 8-16-2018; operative 8-16-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 33). For prior history of division 5, section 5000, see Register 77, No. 10.
2. New subsection (g) and amendment of Note 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 14203, 14205, 14281 and 14321, Food and Agricultural Code.

1. New division 5 (chapters 1-2, sections 5000-5015), chapter 1 (articles 1-5, sections 5000-5006), article 1 (section 5000) and section filed 8-16-2018; operative 8/16/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 33). For prior history of division 5, section 5000, see Register 77, No. 10.
2. New subsection (g) and amendment of Note filed 3-13-2023; operative 7/1/2023 (Register 2023, No. 11).