Nebraska Statutes 71-8913. Veterinary drug distributor license; application; contents; authority
(1) Any person or entity that acts as a veterinary drug distributor in this state shall obtain a veterinary drug distributor license from the department prior to engaging in distribution of veterinary legend drugs in or into this state.
Terms Used In Nebraska Statutes 71-8913
- Acquire: when used in connection with a grant of power or property right to any person shall include the purchase, grant, gift, devise, bequest, and obtaining by eminent domain. See Nebraska Statutes 49-801
- Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Division of Public Health of the Department of Health and Human Services. See Nebraska Statutes 71-8905
- Distribution: means the act of receiving orders, possessing, warehousing, and record keeping related to the sale and delivery of veterinary legend drugs. See Nebraska Statutes 71-8906
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Veterinary drug distributor: means any person or entity that engages in the distribution of veterinary legend drugs in the State of Nebraska other than a pharmacy or a veterinarian licensed under the Uniform Credentialing Act acting within the scope of practice of veterinary medicine and surgery as defined in section 38-3312. See Nebraska Statutes 71-8909
- Veterinary legend drug: means a drug which under federal law is required, prior to being distributed, to be labeled with the following statement: "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian. See Nebraska Statutes 71-8911
(2) An applicant for an initial or renewal license as a veterinary drug distributor shall file a written application with the department. The application shall be accompanied by the fee established by the department pursuant to section 71-8918 and shall include the following information:
(a) The applicant’s name, business address, type of business entity, and telephone number. If the applicant is a partnership, the application shall include the name of each partner and the name of the partnership. If the applicant is a corporation, the application shall include the name and title of each corporate officer and director, all corporate names of the applicant, and the applicant’s state of incorporation. If the applicant is a sole proprietorship, the application shall include the name of the sole proprietor, the name of the proprietorship, and the proprietor’s social security number. The social security number shall not be a public record and may only be used by the department for administrative purposes;
(b) All trade or business names used by the applicant;
(c) The addresses and telephone numbers of all facilities to be used by the applicant for the storage, handling, and distribution of veterinary legend drugs and the names of persons to be in charge of such facilities. A separate license shall be obtained for each such facility;
(d) A listing of all licenses, permits, or other similar documentation issued to the applicant in any other state authorizing the applicant to purchase, possess, and distribute veterinary legend drugs;
(e) The names and addresses of the owner of the applicant’s veterinary legend drug distribution facilities, a designated representative at each such facility, and all managerial employees at each such facility; and
(f) Other information as required by the department, including affirmative evidence of the applicant’s ability to comply with the Veterinary Drug Distribution Licensing Act and the rules and regulations adopted under the act.
(3) The application shall be signed by:
(a) The owner, if the applicant is an individual or partnership;
(b) The member, if the applicant is a limited liability company with only one member, or two of its members, if the applicant is a limited liability company with two or more members; or
(c) Two of its officers, if the applicant is a corporation.
(4) A veterinary drug distributor holding a valid license issued pursuant to the Veterinary Drug Distribution Licensing Act shall have the authority to purchase, possess, or otherwise acquire veterinary legend drugs.