HBA-JRA H.B. 1975 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1975
By: Swinford
Agriculture & Livestock
7/22/1999
Enrolled



BACKGROUND AND PURPOSE 

During the 73rd Legislature, legislation was adopted to prevent livestock
producers from paying higher costs for animal health products due to
unnecessary labeling requirements for veterinarians or wholesale animal
drug distributors.  During the 75th Legislature, the language was
inadvertently removed due to a misunderstanding of the federal labeling
requirements.  Recently, the Federal Food and Drug Administration stated
that if the dispensed drug is not to be repackaged or used in a manner not
stated on the label there is no federal requirement that it bear any
additional labeling.  H.B. 1975 reinstates the earlier language to exempt
dangerous drugs prescribed or dispensed in certain specified circumstances
from certain labeling requirements if all federal requirements are met. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 483.042, Health and Safety Code, by adding
Subsection (f), as follows: 

(f)  Provides that the labeling provisions of Subsection (a) do not apply
to a dangerous drug prescribed or dispensed for administration to food
production animals in an agricultural operation under a written medical
directive or treatment guideline from a veterinarian licensed under the
Veterinary Licensing Act (Article 8890, V.T.C.S.) and its subsequent
amendments if all federal requirements are met. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.