# Agriculture (GAG)

## Title 3. Regulation of Livestock and Poultry

### Subtitle 2. Regulation of Biological Products and Tests

#### Section 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.

#### Section 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 Maryland Department of Health 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) 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.

#### Section 3-202

This subtitle does not apply to any act that is subject to exclusive regulation under any federal act.

#### Section 3-203

(a) The Secretary may establish, equip, and supervise a biological laboratory for producing any biological product in the State and for investigating and testing biological methods and products for treating livestock and poultry diseases.

(b) The Secretary may cooperate with the University System of Maryland to prepare, test, use, and distribute biological products.

#### Section 3-204

(a) The Secretary may conduct tests and investigations of any biological product and perform research at the biological products laboratory.

(b) Upon request of any governmental unit or political subdivision of the State, the Secretary shall conduct requested tests and investigations of any biological product for public purposes.

#### Section 3-205

The Secretary may sell any biological product to any licensed physician or veterinarian. The Secretary may charge a fee to cover the approximate cost of producing the biological product.

#### Section 3-206

Notwithstanding any other provision of this subtitle, the Secretary may authorize any person not connected with the State laboratory he deems qualified to make experiments with any biological product.

#### Section 3-207

Any person who buys or receives any biological product in intrastate commerce shall maintain a correct record of the amount he receives, uses, and possesses.

#### Section 3-208

Any biological product used only for the testing or immunizing of animals sold, donated, or used within the State shall bear a label stating the name and address of the person manufacturing it, the date of its preparation, its contents, its intended use, and stating that it is for animal use only.

#### Section 3-209

(a) No person may treat any animal with any material or substance or in any manner for the purpose of preventing normal reaction of the animal to any test.

(b) A person may not knowingly sell or offer for sale any animal that has reacted to any test, without informing the purchaser of the reaction.

(c) No animal that has reacted to a test may be sold or removed from the premises where the test was made without the written permission of the Secretary.

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Md. Code Ann., Agric. (as displayed at mgaleg.maryland.gov, October 16, 2026)