Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Act 2023
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Fixed premises | ||
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23. (1) A person shall not retail a veterinary medicinal product other than from a fixed premises. | ||
(2) Subsection (1) does not apply to the retail of a veterinary medicinal product in the course of the provision of a veterinary service by a veterinarian for the treatment of an animal under his or her care. | ||
(3) A person shall not, other than under and in accordance with a licence granted by the Minister on application made to him or her in that behalf, make a visit from house to house to collect, solicit or obtain an order for a veterinary medicinal product. | ||
(4) Subsection (3) does not apply in the case of a visit made by the representative or agent of a wholesale distribution authorisation holder or marketing authorisation holder to any of the following persons at his or her place of business: | ||
(a) a veterinarian; | ||
(b) a pharmacist; | ||
(c) the holder of a retailer’s licence; or | ||
(d) a person registered in the Register. | ||
(5) The Minister shall not grant a licence under subsection (3) unless the applicant is— | ||
(a) the holder of a retailer’s licence, or | ||
(b) a pharmacist. | ||
(6) A licence granted under subsection (3) may only relate to a veterinary medicinal product that may be retailed as a condition of a marketing authorisation as referred to in paragraph 3 or 4 of Part 1 of the Schedule . | ||
(7) A person who fails to comply with subsection (1) or (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 €100,000. | ||
(8) The holder of a licence granted under Regulation 36(3)(b) 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 licence under this Regulation. | ||
(9) In this section— | ||
“fixed premises” does not include a vehicle, trailer, caravan, or other thing which may be transported on, in or attached to a vehicle or a tent, awning, hut, shed or an unroofed or temporary structure or stall or a yard, field, roadway or casual trading area; | ||
“house” includes land or other premises. |