Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Act 2023
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Companion animal medicine retailers’ register | ||
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21. (1) The Minister shall establish and maintain a register of retailers of veterinary medicinal products for companion animals designated “companion animal medicine” under paragraph 4 of Part 1 of the Schedule to be known as the Companion Animal Medicine Retailers’ Register and in this Chapter referred to as “the Register”. | ||
(2) A person retailing or intending to retail veterinary medicinal products designated companion animal medicines may apply to the Minister to be entered on the Register. | ||
(3) An application for entry in the Register shall be— | ||
(a) in such form and manner as the Minister decides, and | ||
(b) accompanied by such non-refundable fee as the Minister specifies in regulations. | ||
(4) A person who, when applying for registration in the Register, furnishes information to the Minister knowing it to be false or misleading in any material respect commits an offence and shall be liable on summary conviction to a class A fine. | ||
(5) (a) A person shall not retail a veterinary medicinal product designated companion animal medicine except from premises of a person registered in the Register. | ||
(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) The Minister may require a person entered in the Register to undergo or to ensure that an employee of the person undergoes training that the Minister considers to be adequate in the proper and safe handling and storage of veterinary medicinal products so they are responsible for the retail of such veterinary medicinal products. | ||
(b) A person entered in the Register who fails to comply with a requirement of the Minister under this subsection may be removed by the Minister from the Register in accordance with subsection (9). | ||
(7) A person registered in the Register shall comply with the storage requirements for a veterinary medicinal product specified in the labelling and packaging leaflet accompanying the product. | ||
(8) This section does not apply to: | ||
(a) a veterinarian; | ||
(b) a veterinary nurse; | ||
(c) a pharmacist; | ||
(d) the holder of a retailer’s licence; or | ||
(e) the holder of a wholesale distribution authorisation. | ||
(9) (a) The Minister— | ||
(i) where he or she considers that an applicant for registration in the Register should not be entered in the Register or a person entered in the Register is not complying with this section, may remove the person from the Register, | ||
(ii) if considering refusing an application for registration in or the removal of a person from the Register, notify the person of the proposal. The notification shall allow the person to make representations to the Minister against the proposal within such period as the Minister allows in the notification, being not less than 14 days, of the person being notified, and | ||
(iii) where no representations are made within that period, or where representations are so made and having considered the representations, may enter the person in the Register, refuse the application or remove the person from the Register and notify the person of his or her decision. | ||
(b) If the decision is to refuse an application for registration in, or remove the person from, the Register, the person may, within 14 days of being notified, 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 refusal for registration in or removal of the person from the Register 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. | ||
(c) A decision of the Minister to remove the person from the Register takes effect on the date of 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. | ||
(10) A person entered in the Register maintained under Regulation 33 of the Regulations of 2007 on 27 January 2022 is deemed to be entered in the Register. |