Regulation of Manufacture and Use of Disease Vectors

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  1. As used in this Code section, the term "disease vector" means any agent or material which has the power to produce or spread disease in livestock.
  2. No experimental or research work, except at or under the direction of the College of Veterinary Medicine of the University of Georgia, the Georgia Poultry Improvement Association Laboratory, the College of Agricultural and Environmental Sciences of the University of Georgia, and the state agricultural experiment stations, shall be carried on in this state with any live virus or any other disease vector. No such virus or disease vector shall be manufactured or distributed in this state except under permit issued by the Commissioner and conditioned, as in his judgment necessary, to prevent the spread of such disease.
  3. This Code section shall not apply to the county health departments, the Department of Public Health, the United States Department of Health and Human Services, accredited medical and dental colleges and universities, approved hospitals, approved medical centers, or foundations engaged in medical research, diagnosis, or treatment of the diseases of man.

(Ga. L. 1953, Jan.-Feb. Sess., p. 480, § 18; Ga. L. 1995, p. 10, § 4; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214.)

The 2011 amendment, effective July 1, 2011, substituted "Department of Public Health" for "Department of Community Health" in subsection (c).

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011). For article, "Health: Department of Public Health," see 28 Ga. St. U.L. Rev. 147 (2011).

OPINIONS OF THE ATTORNEY GENERAL

This section is directed at monitoring the spread of disease in livestock. 1975 Op. Att'y Gen. No. 75-23.

General prohibition on distribution and manufacture.

- The regulation of live viruses established in this section entails a general prohibition on the distribution and manufacture of such viruses except under permit issued by the Commissioner of Agriculture, in accordance with any conditions he might direct. 1975 Op. Att'y Gen. No. 75-23.

Limitation on authority of Commissioner to issue permits.

- The authority of the Commissioner of Agriculture to issue permits for the manufacture and distribution of certain live viruses and disease vectors, and of biologicals does not empower the Commissioner to prohibit distribution of certain vaccines to certain individuals. 1975 Op. Att'y Gen. No. 75-23.

Authorization of department to impound live rabies vaccine.

- The Department of Agriculture is not authorized to impound live rabies vaccine in order to preclude the distribution of the vaccine to individuals other than licensed veterinarians. 1975 Op. Att'y Gen. No. 75-23.

RESEARCH REFERENCES

C.J.S.

- 3B C.J.S., Animals, § 128.


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