Relates to substances containing chorionic gonadotropin expressly intended for administration through implants or injection to cattle or other nonhuman species.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8383
SPONSOR: Woerner TITLE OF BILL: An act to amend the public health law, in relation to
substances containing chorionic gonadotropin
PURPOSE OR GENERAL IDEA OF BILL:
To relieve veterinarians from the unnecessary burden associated with
complying with controlled substance requirements for the use veterinary
use of hCG. This bill mirrors current language that exempts formulations
for animals containing anabolic steroids under subdivision (i) of sched-
ule II of section 3306 of the public health law.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Schedule III of section 3306 of the public health law
to exempt substances containing human chorionic gonadotropin (hCG) that
are expressly intended for use in animals from the provisions of the
controlled substances law.
Section 2 takes effect in 180 days after it is signed in to law.
JUSTIFICATION:
Human Chorionic Gonadotropin (hCG) is safe and effective when formulated
for treating specific reproductive conditions in cattle and fish. This
bill will allow veterinarians to have improved access to use such formu-
lations to ensure that animals remain healthy and productive. The
language in the bill mirrors the existing exemption for products formu-
lated for animals containing anabolic steroids. hCG, has been used by
athletes and body builders as an agent to improve testosterone
production and counteract the negative side effects due to use of
anabolic steroids. As a consequence, a number of states, including NY,
included hCG on their schedule of controlled substances.
However, most states, 44, have exempted hCG containing products formu-
lated for use in animals. In fact, US Drug Enforcement Agency does not
classify such formulations as controlled substances, meaning it can be
sold as a veterinary product without the additional documentation or
security requirements associated with controlled substances.
This bill does not lesson the penalties for the prescription, distrib-
ution or diversion of the hCG containing products for use in humans. It
simply seeks to relieve distributors, farmers, and veterinarians from
the cost and difficulty associated with handling a product listed under
Schedule III.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
180 days after is shall have become law.
STATE OF NEW YORK
________________________________________________________________________
8383
2017-2018 Regular Sessions
IN ASSEMBLY
June 12, 2017
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to substances
containing chorionic gonadotropin
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (g) of schedule III of section 3306 of the
2 public health law, as amended by chapter 457 of the laws of 2006, is
3 amended to read as follow:
4 (g) Chorionic gonadotropin. (1) Unless specifically excepted or unless
5 listed in another schedule any material, compound, mixture, or prepara-
6 tion which contains any amount of chorionic gonadotropin.
7 (2) Paragraph one of this subdivision shall not include any substance
8 containing chorionic gonadotropin expressly intended for administration
9 through implants or injection to cattle or other nonhuman species and
10 that are approved by the federal food and drug administration solely for
11 such use. Any individual who knowingly and willfully administers to
12 himself or another person, prescribes, dispenses or distributes such
13 substances for other than implantation or injection to cattle or nonhu-
14 man species shall be subject to the same penalties as a practitioner who
15 violates the provisions of this section or any other penalties
16 prescribed by law.
17 § 2. This act shall take effect on the one hundred eightieth day after
18 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11462-01-7
