§ 3305. Exemptions. 1. The provisions of this article restricting the\npossession and control of controlled substances and official New York\nstate prescription forms shall not apply:\n (a) to common carriers or to warehousemen, while engaged in lawfully\ntransporting or storing such substances, or to any employee of the same\nacting within the scope of his employment; or\n (b) to public officers or their employees in the lawful performance of\ntheir official duties requiring possession or control of controlled\nsubstances; or\n (c) to temporary incidental possession by employees or agents of\npersons lawfully entitled to possession, or by persons whose possession\nis for the purpose of aiding public officers in performing their\nofficial duties.\n (d) to a duly authorized agent of an incorporated society for the\nprevention of cruelty to animals or a municipal animal control facility\nfor the limited purpose of buying, possessing, and dispensing to\nregistered and certified personnel, ketamine hydrochloride to\nanesthetize animals and/or sodium pentobarbital to euthanize animals,\nincluding but not limited to dogs and cats. The department shall,\nconsistent with the public interest, register such duly authorized agent\nand such agent shall file, on a quarterly basis, a report of purchase,\npossession, and use of ketamine hydrochloride and/or sodium\npentobarbital, which report shall be certified by the society for the\nprevention of cruelty to animals or municipal animal control facility as\nto its accuracy and validity. This report shall be in addition to any\nother record keeping and reporting requirements of state and federal law\nand regulation. The department shall adopt rules and regulations\nproviding for the registration and certification of any individual who,\nunder the direction of the duly authorized and registered agent of an\nincorporated society for the prevention of cruelty to animals, or\nmunicipal animal control facility, uses ketamine hydrochloride to\nanesthetize animals and/or sodium pentobarbital to euthanize animals,\nincluding but not limited to dogs and cats. The department may also\nadopt such other rules and regulations as shall provide for the safe and\nefficient use of ketamine hydrochloride and/or sodium pentobarbital by\nincorporated societies for the prevention of cruelty to animals and\nanimal control facilities. Nothing in this paragraph shall be deemed to\nwaive any other requirement imposed on incorporated societies for the\nprevention of cruelty to animals and animal control facilities by state\nand federal law and regulation.\n 2. The commissioner may, by regulation, provide for the exemption from\nall or part of the requirements of this article the possession of\nsubstances in schedule III or IV and use thereof as part of an\nindustrial process or manufacture of substances other than drugs. The\ncommissioner may impose such conditions upon the granting of such\nexemption as may be necessary to protect against diversion or misuse of\nthe controlled substance.\n 3. The commissioner is hereby authorized and empowered to make any\nrules, regulations and determinations permitting the following\ncategories of persons to obtain, dispense and administer controlled\nsubstances under such conditions and in such manner as he shall\nprescribe:\n (a) a person in the employ of the United States government or of any\nstate, territory, district, county, municipal, or insular government,\nobtaining, possessing, dispensing and administering controlled\nsubstances by reason of his official duties;\n (b) a master of a ship or a person in charge of any aircraft upon\nwhich no physician is regularly employed, or to a physician or surgeon\nduly licensed in any state, territory, or the District of Columbia to\npractice his profession, or to a retired commissioned medical officer of\nthe United States army, navy, or public health service, employed upon\nsuch ship or aircraft, for the actual medical need
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