Cal. Code Regs. tit. 3 § 5005

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 5005 - Violations
(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(d) It is unlawful for any applicant to submit inaccurate or outdated information on the restricted livestock drug license application or renewal.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(j) It is unlawful for any business to sell any livestock drug that is outdated, damaged, misbranded or adulterated.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.

Cal. Code Regs. Tit. 3, § 5005

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.

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).