§ 3305. Exemptions. 1. The provisions of this article restricting the
possession and control of controlled substances and official New York
state prescription forms shall not apply:

(a) to common carriers or to warehousemen, while engaged in lawfully
transporting or storing such substances, or to any employee of the same
acting within the scope of his employment; or

(b) to public officers or their employees in the lawful performance of
their official duties requiring possession or control of controlled
substances; or

(c) to temporary incidental possession by employees or agents of
persons lawfully entitled to possession, or by persons whose possession
is for the purpose of aiding public officers in performing their
official duties.

(d) to a duly authorized agent of an incorporated society for the
prevention of cruelty to animals or a municipal animal control facility
for the limited purpose of buying, possessing, and dispensing to
registered and certified personnel, ketamine hydrochloride to
anesthetize animals and/or sodium pentobarbital to euthanize animals,
including but not limited to dogs and cats. The department shall,
consistent with the public interest, register such duly authorized agent
and such agent shall file, on a quarterly basis, a report of purchase,
possession, and use of ketamine hydrochloride and/or sodium
pentobarbital, which report shall be certified by the society for the
prevention of cruelty to animals or municipal animal control facility as
to its accuracy and validity. This report shall be in addition to any
other record keeping and reporting requirements of state and federal law
and regulation. The department shall adopt rules and regulations
providing for the registration and certification of any individual who,
under the direction of the duly authorized and registered agent of an
incorporated society for the prevention of cruelty to animals, or
municipal animal control facility, uses ketamine hydrochloride to
anesthetize animals and/or sodium pentobarbital to euthanize animals,
including but not limited to dogs and cats. The department may also
adopt such other rules and regulations as shall provide for the safe and
efficient use of ketamine hydrochloride and/or sodium pentobarbital by
incorporated societies for the prevention of cruelty to animals and
animal control facilities. Nothing in this paragraph shall be deemed to
waive any other requirement imposed on incorporated societies for the
prevention of cruelty to animals and animal control facilities by state
and federal law and regulation.

2. The commissioner may, by regulation, provide for the exemption from
all or part of the requirements of this article the possession of
substances in schedule III or IV and use thereof as part of an
industrial process or manufacture of substances other than drugs. The
commissioner may impose such conditions upon the granting of such
exemption as may be necessary to protect against diversion or misuse of
the controlled substance.

3. The commissioner is hereby authorized and empowered to make any
rules, regulations and determinations permitting the following
categories of persons to obtain, dispense and administer controlled
substances under such conditions and in such manner as he shall
prescribe:

(a) a person in the employ of the United States government or of any
state, territory, district, county, municipal, or insular government,
obtaining, possessing, dispensing and administering controlled
substances by reason of his official duties;

(b) a master of a ship or a person in charge of any aircraft upon
which no physician is regularly employed, or to a physician or surgeon
duly licensed in any state, territory, or the District of Columbia to
practice his profession, or to a retired commissioned medical officer of
the United States army, navy, or public health service, employed upon
such ship or aircraft, for the actual medical needs of persons on board
such ship or aircraft when not in port.

(c) a person in a foreign country in compliance with the provisions of
this article.

4. The provisions of this article with respect to the payment of fees
and costs shall not apply to the state of New York or any political
subdivision thereof or any agency or instrumentality of either.