Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Act 2023

Retail at distance

24. (1) A person shall not retail to another person in another Member State or a third country a veterinary medicinal product subject to a veterinary prescription at a distance.

(2) A person shall not purchase from another person in another Member State or a third country a veterinary medicinal product subject to a prescription at a distance, unless the product is purchased in accordance with procedures as laid out by the competent authority concerned as permitted by Article 106(3) of the VMP Regulation.

(3) A person shall not purchase from another person in a third country a veterinary medicinal product not subject to a prescription at a distance, unless in accordance with procedures as laid out by the competent authority concerned as permitted by Article 106(3) of the VMP Regulation.

(4) A person who fails to comply with subsection (1), (2) 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.

(5) A person who holds a licence under subsection (8) may retail to a person over the internet such veterinary medicinal products as permitted under the licence or under regulations made by the Minister under this subsection, if the person is permitted under the licence to retail the product.

(6) A person shall not retail over the internet a veterinary medicinal product unless the person holds a licence under subsection (8) to retail the product.

(7) A person who fails to comply with subsection (6) 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 Minister may grant a licence to:

(a) the holder of a retailer’s licence;

(b) a pharmacist;

(c) a veterinarian supplying his or her own clients; or

(d) a person registered in the Register,

in accordance with any regulations made under subsection (5) and specifying the categories of veterinary medicinal products that may be retailed over the internet under the licence.

(9) A person who holds a licence under subsection (8) and retails over the internet other than in accordance with the licence 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 €50,000.

(10) The holder of a licence granted under Regulation 36(3)(a) 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 section and has effect accordingly.