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Training
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20. (1) A person, other than a veterinarian, veterinary nurse or pharmacist, shall undergo a training course of a standard approved of by the Minister, including at appropriate intervals, in the proper and safe handling and storage of veterinary medicinal products to be responsible for the retail of such veterinary medicinal products.
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(2) For the purpose of subsection (1), where a person has undergone a training course or training before the passing of this Act which is of a standard approved by the Minister under subsection (1), this section applies.
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(3) The Minister may require persons to undergo continual training in the proper and safe handling and storage of veterinary medicinal products to be responsible for the retail of such products, and upon request, furnish to the Minister satisfactory evidence that they have successfully completed the training.
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(4) A person who has undertaken a course of training in accordance with subsection (1), shall, upon request, furnish to the Minister, where he or she is issuing a certificate under subsection (5), satisfactory evidence that he or she has successfully completed the course.
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(5) Where, in the opinion of the Minister, a person, has successfully completed a training course under subsection (1), the Minister, or, if permitted by him or her, the person who provided the training course, shall issue the person with a certificate for the retail of veterinary medicinal products and the person is referred to in this Chapter as a “retail responsible person”.
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(6) The Minister may require a retail responsible person to undergo additional training, if the Minister considers it necessary.
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(7) The Minister may refuse or direct a person providing a training course to refuse to certify a person to be a retail responsible person if, notwithstanding that the person has successfully completed an approved training course, the person has been convicted of an offence under this Part or the VMP Regulation or Medicated Feed Regulation.
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(8) The Minister may withdraw the certification of a retail responsible person if, upon inspection, it is found that the person has been convicted of an offence under this Part or the VMP Regulation or Medicated Feed Regulation or is not retailing veterinary medicinal products in accordance with the certification.
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(9) (a) Where the Minister proposes to withdraw certification from a person as a retail responsible person, the Minister shall notify the person of the proposal. The person may, within such period as the Minister allows in the notification, being not less than 14 days, make representations in writing to the Minister in relation to the proposal. The Minister, where no representations are made within that period, or where representations are so made and having considered the representations, may withdraw the certification or let the certification stand with or without conditions and notify the person of the decision.
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(b) If the decision is to withdraw certification, the person may within 14 days of being notified of the decision, appeal to a judge of the District Court in whose district he or she carries on the business of the retail of veterinary medicinal products. On hearing the appeal, the judge may confirm the decision of the Minister or allow the appeal. The decision of the court is final save that an appeal on a point of law lies to the High Court.
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(c) A decision of the Minister to withdraw certification takes effect on the notification of the decision to the person. The person, if making an appeal under paragraph (b), may apply to the court where the appeal is lodged to have the decision suspended until the appeal is determined or withdrawn.
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