Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Act 2023

Veterinary medicinal product retailer’s licence

18. (1) The Minister may on application grant a licence, to be known as a veterinary medicinal product retailer’s licence, and in this Chapter referred to as a retailer’s licence to a person, where he or she is satisfied that the applicant for the licence has suitable premises, equipment and staff and suitable arrangements for record-keeping, handling, storage, dispensing and retail of a veterinary medicinal product or class of veterinary medicinal product, to retail the veterinary medicinal product from those premises. The Minister may issue guidelines as to that which he or she considers to be suitable for the purposes of an application under this subsection.

(2) A retailer’s licence—

(a) relates to the premises specified in the licence, and

(b) remains in force while the holder satisfies the conditions of the grant of the licence,

but does not entitle the holder of the licence to retail a veterinary medicinal product from a premises the subject of a wholesale distribution authorisation.

(3) A person, other than a veterinarian supplying their own clients or a pharmacist from a pharmacy shall not retail a veterinary medicinal product from a premises unless the person holds a retailer’s licence to retail the product from premises mentioned in the licence.

(4) A person who fails to comply with subsection (3) commits an offence and is liable—

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding €300,000.

(5) (a) The holder of a retailer’s licence shall—

(i) have at his or her disposal, during hours of retail, the services of at least one retail responsible person for the purposes of selling veterinary medicinal products, and

(ii) ensure that a veterinary medicinal product, other than a companion animal medicine, is not retailed from the premises of the holder other than by a retail responsible person.

(b) A person who fails to comply with this subsection commits an offence and is liable on summary conviction to a class A fine.

(6) A retailer’s licence may apply to veterinary medicinal products generally, to veterinary medicinal products of a particular class or description, or to one or more veterinary medicinal products, specified in the licence.

(7) Subsection (3) does not apply to a veterinarian who retails a veterinary medicinal product designated under paragraph 4 of Part 1 of the Schedule to be a “companion animal medicine”.

(8) The holder of an animal remedies merchant’s licence granted under Regulation 31 of the Regulations of 2007 which was in force on 27 January 2022 is deemed to have continued in force after that day and, if in force on the passing of this Act, to be the holder of a retailer’s licence under this Regulation.