(A) Brucella Abortus Vaccine;

(B) Hog Cholera Vaccine; and

(C) Any biologic not approved for general use by the United States Department of Agriculture.

(b) In addition to the vaccines or products set forth in paragraph (a) of this subsection, the State Department of Agriculture, after consultation with the Oregon Veterinary Medical Association, may from time to time enact and amend rules containing a list of additional vaccines or other bacteriological or biological products used or intended to be used for the detection, prevention, mitigation, control, treatment or curing of livestock diseases, whenever such vaccines or products are or might become a hazard to the livestock in this state.

(c) The biological product Brucella Abortus Antigen may only be used by state veterinarians, federal veterinarians and deputy state veterinarians, and may only be used for programs approved by the State Veterinarian.

(d) The biological product Equine Infectious Anemia Antigen may only be used by the department’s animal health division laboratory personnel.

(2) The department, when establishing a list under subsection (1)(b) of this section, shall consider:

(a) The possibility of dissemination of disease in this state through the use of the vaccines or products.

(b) The known effectiveness of the vaccines or products for the purpose for which they are sold or recommended.

(c) The existence of alternative vaccines or products constituting a lesser or no hazard to livestock.

(d) Whether or not the disease for which a particular vaccine or product is used or intended to be used is present in this state and to what extent it is present.

(e) Any other factor which, having due regard for the properties of the vaccine or product, may constitute a hazard to the health of livestock in this state.

(3) The use, purchase, sale or distribution of vaccines or products which is prohibited under subsection (1) of this section or under ORS 596.075, may be authorized by written permit of the department to:

(a) Deputy state veterinarians, assistant state veterinarians, federal veterinarians, veterinarians duly licensed by the State of Oregon, veterinarians who have been issued a temporary license to practice veterinary medicine under ORS 686.065, veterinary medicine interns issued an internship permit under ORS 686.085 and veterinarians employed by a community college or university in the State of Oregon.

(b) Recognized research agencies. [1955 c.557 §5 (596.065 and 596.075 enacted in lieu of 596.070); 1975 c.399 §2; 1977 c.224 §1; 1983 c.101 §1; 1993 c.742 §58; 2003 c.180 §1]