§ 3-201.1. Possession, sale or distribution of certain biological products prohibited; exceptions

   (a) Products usable for treatment or prevention of disease transmissible to humans. --

   (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;

      (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

      (vii) Any other person to whom the Secretary grants an exception that is based on a finding:

         1. That there is a need; and

         2. That the exception would not impose a serious health hazard.

(b) Product designated for use in program for control of animal disease. -- Except as authorized by the Secretary, a person may not possess, sell, donate, or distribute any biological product that is designated by the Secretary for use in a current government program for the control of animal disease.

HISTORY: 1981, ch. 149.