Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 213-S.F.No. 971 
 [This chapter was filed with the secretary of state with a 
letter from the secretary of the senate saying that the governor 
returned it to the senate after the three-day constitutional 
requirement.] 
           An act relating to agriculture; extending the ban on 
          the use of biosynthetic bovine somatotropin by one 
          year; amending Minnesota Statutes 1990, sections 
          151.01, subdivision 28; 151.15, subdivision 3; and 
          151.25; and Laws 1990, chapter 526, section 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 151.01, 
subdivision 28, is amended to read: 
    Subd. 28.  [VETERINARY LEGEND DRUG.] "Veterinary legend 
drug" means biosynthetic bovine somatotropin (BST) until June 
12, 1991 1992, or a drug that is required by federal law to bear 
the following statement:  "Caution:  Federal law restricts this 
drug to use by or on the order of a licensed veterinarian." 
    Sec. 2.  Minnesota Statutes 1990, section 151.15, 
subdivision 3, is amended to read: 
    Subd. 3.  [UNLICENSED PERSONS; VETERINARY LEGEND DRUGS.] It 
shall be unlawful for any person other than a licensed 
veterinarian or pharmacist to compound or dispense veterinary 
legend drugs except as provided in this chapter.  Until June 12, 
1991 1992, a veterinarian or veterinarian's assistant may use 
biosynthetic bovine somatotropin (BST) for medical or research 
purposes only.  Biosynthetic bovine somatotropin (BST) may not 
be dispensed to, used by, or administered by a person who is not 
a licensed veterinarian or a veterinarian's assistant under the 
veterinarian's supervision. 
    Sec. 3.  Minnesota Statutes 1990, section 151.25, is 
amended to read: 
    151.25 [REGISTRATION OF MANUFACTURERS; FEE; PROHIBITIONS.] 
    The board shall require and provide for the annual 
registration of every person engaged in manufacturing drugs, 
medicines, chemicals, or poisons for medicinal purposes, now or 
hereafter doing business with accounts in this state.  Upon a 
payment of a fee as set by the board, the board shall issue a 
registration certificate in such form as it may prescribe to 
such manufacturer.  Such registration certificate shall be 
displayed in a conspicuous place in such manufacturer's or 
wholesaler's place of business for which it is issued and expire 
on the date set by the board.  It shall be unlawful for any 
person to manufacture drugs, medicines, chemicals, or poisons 
for medicinal purposes unless such a certificate has been issued 
to the person by the board.  It shall be unlawful for any person 
engaged in the manufacture of drugs, medicines, chemicals, or 
poisons for medicinal purposes, or the person's agent, to sell 
legend drugs or biosynthetic bovine somatotropin (BST) until 
June 12, 1991 1992, to other than a pharmacy, except as provided 
in this chapter. 
    Sec. 4.  Laws 1990, chapter 526, section 1, is amended to 
read: 
    Section 1.  [PURPOSE.] 
    The legislature finds that biosynthetic bovine somatotropin 
has not been fully researched to provide conclusive evidence 
about animal health effects.  In the public interest, the 
legislature intends biosynthetic bovine somatotropin to be 
closely regulated and administered only in research or necessary 
medical circumstances for one year after the effective date of 
sections 2 and 4 of this act until June 12, 1992. 
    Sec. 5.  [EFFECTIVE DATE.] 
    (a) Except as provided in paragraph (b), sections 1 to 4 
are effective 30 days after the commissioner of agriculture 
publishes notice in the State Register that (1) the states of 
Minnesota and Wisconsin, or (2) states having 40 percent or more 
of milk production as determined by the United States Department 
of Agriculture statistics for the most recent available calendar 
year, including Minnesota, have adopted provisions that restrict 
general use of biosynthetic bovine somatotropin (BST) and remain 
in effect only so long as restrictions are effective in the 
state of Wisconsin or in states having 40 percent or more of 
milk production, including Minnesota.  On the date that 
restrictions on the general use of biosynthetic bovine 
somatotropin are no longer in effect in the state of Wisconsin 
and in states having 40 percent or more of milk production, 
including Minnesota, sections 1 to 4 have no effect and 
biosynthetic bovine somatotropin may be sold for general use. 
    (b) Sections 1 to 4 are effective the day after final 
enactment and the commissioner of agriculture is not required to 
publish notice in the State Register if restrictions on the 
general use of biosynthetic bovine somatotropin are effective in 
the state of Wisconsin on that date. 
     Presented to the governor May 23, 1991 
     Filed with the secretary of state June 21, 1991