The Veterinary Medicines Regulations 2006

Type Statutory-Instrument
Publication 2006-09-05
Last updated 2022-04-01
State In force
Department King's Printer of Acts of Parliament
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After a marketing authorisation has been issued, the holder must take account of scientific and technical progress in manufacturing and control methods, and apply to the Secretary of State for any variation in the marketing authorisation that may be required to enable that veterinary medicinal product to be manufactured and checked by means of generally accepted scientific methods.

Compulsory variation

37

  • (1) If the Secretary of State decides, in order to protect human or animal heath or the environment, that a variation to a marketing authorisation is necessary, he shall notify the marketing authorisation holder in writing of the required variation, together with his reasons.
  • (2) In the notification he may specify a time limit within which the marketing authorisation holder must apply for the variation.
  • (3) If the marketing authorisation holder fails to apply within that time limit the Secretary of State may suspend or revoke the marketing authorisation.

PART 5 — Suspension, etc. of a marketing authorisation

Suspension, etc. of a marketing authorisation

38

  • (1) The Secretary of State may suspend, vary or revoke a marketing authorisation at any time if he is satisfied that—
  • (a) this is necessary for the protection of animal or public health or the environment;
  • (b) the terms of the marketing authorisation have not been complied with;
  • (c) the veterinary medicinal product has insufficient therapeutic effect.
  • (2) He must suspend, vary or revoke a marketing authorisation if he is satisfied that—
  • (a) the risk-benefit balance is unfavourable;
  • (b) the withdrawal period does not ensure that residues in foodstuffs obtained from the treated animal comply with Council Regulation (EEC) No. 2377/90;
  • (c) information given in the application documents is incorrect;
  • (d) any control tests required have not been carried out;
  • (e) changes have been made to the manufacturing process without the authority of the Secretary of State;
  • (f) any information required to be supplied to the Secretary of State has not been communicated to him.
  • (3) He may also suspend, vary or revoke a marketing authorisation if he is satisfied that a marketing authorisation holder has failed to make an application for a variation to take account of scientific and technical progress in manufacturing and control methods to enable a veterinary medicinal product to be manufactured and checked by means of generally accepted scientific methods.
  • (4) When he suspends, varies or revokes a marketing authorisation, the Secretary of State may additionally prohibit the supply of a veterinary medicinal product, and if necessary require the marketing authorisation holder to recall the product; and failure to comply with a requirement or prohibition under this sub-paragraph is an offence.
  • (5) He shall publicise a revocation in such manner as he sees fit.

Suspension, etc. of a marketing authorisation of a product authorised in more than one member State

39

  • (1) In the case of a veterinary medicinal product that is authorised in more than one member State, where the Secretary of State considers that a variation, suspension or revocation is necessary for the protection of human or animal health or the environment, he shall immediately refer the matter to the Agency, and shall comply with a decision of the Commission within 30 days of the decision.
  • (2) Where the Secretary of State considers that immediate suspension is necessary to protect human or animal health or the environment, he may suspend the marketing and the use of the veterinary medicinal product concerned in the United Kingdom pending a decision of the Agency, and in this case he shall inform the Commission and the other member States no later than the following working day of the reasons for his action.

Prohibiting the supply of veterinary medicinal products

40

  • (1) In addition to his powers to suspend a marketing authorisation, if he is satisfied that a product has not been manufactured in accordance with the marketing authorisation the Secretary of State may prohibit the supply of a veterinary medicinal product, and if necessary require the marketing authorisation holder to recall it, and failure to comply with a requirement or prohibition under this sub-paragraph is an offence.
  • (2) He may confine the prohibition on supply and the requirement for recall to specific production batches.
  • (3) In the case of an immunological veterinary medicinal product manufactured outside the United Kingdom, if a batch has had all the tests that were originally carried out by the manufacturer repeated by the competent authority of another member State, the Secretary of State may not prohibit the release of that batch if all the results have been submitted to him and the results demonstrate that the product is within the terms of the authorisation.

PART 6 — Mutual recognition and multiple applications

Application for a marketing authorisation where one already exists in another member State

41

  • (1) If a veterinary medicinal product has already received a marketing authorisation in another member State at the time of application, and the holder of the marketing authorisation applies for a marketing authorisation in the United Kingdom, the following procedure (“the mutual recognition procedure”) applies.
  • (2) The applicant must submit to the Secretary of State a dossier identical to the one submitted to the competent authority of the member State in which the veterinary medicinal product has been authorised (“the reference member State”).
  • (3) If there is a marketing authorisation current in more than one member State the applicant must identify which member State is acting as the reference member State.
  • (4) If the applicant is applying in more than one member State he must supply the Secretary of State with a list of all the States in which he is applying.
  • (5) The Secretary of State shall obtain an assessment report from the reference member State and, if the application is made under paragraph 7 (bibliographic applications) or paragraph 10 (applications for pharmacologically equivalent products), ask for the report to include an explanation of any extension of the protection period generated under paragraph 11 or 12.
  • (6) Within 90 days after receipt of the assessment report, the Secretary of State must, subject to the following provisions, either—
  • (a) approve the assessment report, the summary of product characteristics, the labelling and the package leaflet, and inform the reference member State accordingly; or
  • (b) notify the reference member State that he will not approve them, and provide the reference member State with a detailed statement of the reasons.
  • (7) He may only refuse an application on the grounds of serious risk to human or animal health or the environment.
  • (8) If he approves the assessment report, the summary of product characteristics, the labelling and the package leaflet he shall ensure that he is in a position to decide whether or not to grant a marketing authorisation within 30 days of approving them.
  • (9) If the Secretary of State is notified by the reference member State that—
  • (a) not all member States concerned have within 90 days approved the assessment report, summary of product characteristics, labelling or package leaflet; and
  • (b) the reference member State has sent a detailed statement of the reasons to the other member States involved in the application, the applicant and the coordination group for action in accordance with Article 33(3) of Directive 2001/82/EC,

the Secretary of State shall within 30 days comply with the decision of the coordination group or, if the coordination group refers the matter to the Agency, the decision of the Commission.

  • (10) The Secretary of State may grant the marketing authorisation even though not all member States have agreed to grant it, but shall revoke or vary the authorisation if this is necessary to comply with the decision of the Commission when it is received.

Application in another member State

42

  • (1) When the Secretary of State has granted a marketing authorisation for a veterinary medicinal product and he is notified by the marketing authorisation holder that he has applied to have that veterinary medicinal product authorised in another member State, he shall prepare an assessment report for the product within 90 days of the notification and send it to the member State or States concerned.
  • (2) If the other member State (or, if there is more than one, all of them) agrees with the assessment report, the summary of product characteristics, the labelling and the package leaflet he need take no further action.
  • (3) If not all the other member States concerned so agree within a further 90 days he shall send a detailed statement setting out why they have disagreed to the other member States, the applicant and the coordination group for action in accordance with Article 33(3) of Directive 2001/82/EC.
  • (4) The Secretary of State shall within 30 days comply with the decision of the coordination group or, if the coordination group refers the matter to the Agency, the decision of the Commission.

Application for a marketing authorisation in multiple member States where a marketing authorisation does not exist in any member State

43

  • (1) If an applicant wishes to apply for a marketing authorisation in more than one member State, and a marketing authorisation does not exist in any member State for the product (“the decentralised procedure”), he must—
  • (a) apply simultaneously in all the relevant member States;
  • (b) submit a dossier to the Secretary of State that is identical to the dossier being submitted to all the other member States;
  • (c) include a list of all member States in which he has applied; and
  • (d) nominate one of them to act as the reference member State to prepare a draft assessment report and drafts of the summary of product characteristics, labelling and package leaflet for consideration by the other member States (“the concerned member States”).
  • (2) If the United Kingdom is the reference member State, the Secretary of State shall prepare a draft assessment report and drafts of the summary of product characteristics, labelling and package leaflet within 120 days of the receipt of a valid application and shall send them to the other concerned member States and to the applicant.
  • (3) If the United Kingdom is not the reference member State, within 90 days after receipt of the assessment report and drafts of the summary of product characteristics, labelling and package leaflet from the reference member State, the Secretary of State shall, subject to the following provisions, either—
  • (a) approve the assessment report, the summary of product characteristics, the labelling and the package leaflet, and inform the reference member State accordingly; or
  • (b) notify the reference member State that he will not approve it, and provide the reference member State with a detailed statement of the reasons.
  • (4) He shall only refuse an application on the grounds of serious risk to human or animal health or the environment.
  • (5) If all the member States involved agree the assessment report, the summary of product characteristics, the labelling and the package leaflet within 90 days, the Secretary of State shall ensure that he is in a position to decide whether or not to grant a marketing authorisation within 30 days.
  • (6) If, within 90 days, not all the member States have agreed the assessment report, summary of product characteristics, labelling and package leaflet on grounds of a potential serious risk to human or animal health or to the environment, the Secretary of State (if the United Kingdom is the reference member State) shall send a detailed statement of the reasons to the other member States involved in the application, the applicant, and the coordination group to act in accordance with Article 33(3) of Directive 2001/82/EC.
  • (7) If reference has been made to the coordination group by any member State, the Secretary of State shall within 30 days comply with the decision of the coordination group or, if the coordination group refers the matter to the Agency, the decision of the Commission.
  • (8) If the Secretary of State wishes to do so, he may grant the marketing authorisation even though not all member States have agreed to grant it, but shall revoke or vary the authorisation if this is necessary to comply with the decision of the Commission when it is received.

PART 7 — Labelling and package leaflets

Approval by the Secretary of State

44

When the Secretary of State issues the marketing authorisation he shall approve all containers, packaging, labels and package leaflets.

Reference to being authorised

45

A label and package leaflet of an authorised veterinary medicinal product may contain in legible characters the words “UK authorised veterinary medicinal product” or, if the marketing authorisation provides, other wording specified in the authorisation indicating that the product is authorised in the United Kingdom.

Language

46

  • (1) All labels and package leaflets must be in English, but may contain other languages provided that the information given is identical in all the languages.
  • (2) This requirement does not apply in the case of a product imported by a veterinary surgeon and administered by or under the supervision of that same veterinary surgeon.

Labelling with all the information on the immediate packaging

47

  • (1) If it is reasonably practicable to do so, the following must be provided on the immediate packaging, in legible characters—
  • (a) the name, strength and pharmaceutical form of the veterinary medicinal product;
  • (b) the name and strength of each active substance, and of any excipient if this is required under paragraph 2 of the summary of product characteristics;
  • (c) the route of administration (if not immediately apparent);
  • (d) the batch number;
  • (e) the expiry date;
  • (f) the words “For animal treatment only” and if appropriate, “To be supplied only on veterinary prescription”;
  • (g) the contents by weight, volume or number of dose units;
  • (h) the marketing authorisation number;
  • (i) the name and address of the marketing authorisation holder or, if there is a distributor authorised in the marketing authorisation, that distributor;
  • (j) a suitably labelled space to record discard date (if relevant);
  • (k) the target species;
  • (l) the distribution category;
  • (m) the words “Keep out of reach of children”;
  • (n) storage instructions;
  • (o) the in-use shelf-life (if appropriate);
  • (p) for food-producing species, the withdrawal period for each species or animal product concerned;
  • (q) any warning specified in the marketing authorisation;
  • (r) disposal advice;
  • (s) full indications;
  • (t) dosage instructions;
  • (u) contra-indications;
  • (v) further information required in the marketing authorisation;
  • (w) if the product is one that requires a dose to be specified for the animal being treated, a space for this.
  • (2) If all this is on the immediate packaging, there is no need for any outer packaging or a package leaflet.

Products with immediate and outer packaging

48

  • (1) If it is not reasonably practicable to have all the information on the immediate packaging then this paragraph applies.
  • (2) The immediate packaging must have at least the following information—
  • (a) the name of the veterinary medicinal product, including its strength and pharmaceutical form;
  • (b) the name and proportion of each active substance, and of any excipient if knowledge of the excipient is needed for safety reasons;
  • (c) the route of administration (if not immediately apparent);
  • (d) the batch number;
  • (e) the expiry date;
  • (f) the words “For animal treatment only” and if appropriate, “To be supplied only on veterinary prescription”;
  • (g) the words “Keep the container in the outer carton”.
  • (3) In addition, the immediate packaging must have as much of the information in paragraph 47 as is reasonably practicable, in the order set out in that paragraph.
  • (4) The outer packaging must contain all the information in paragraph 47 if it is reasonably practicable to do this, and if it is not reasonably practicable to do this a package leaflet must be supplied with the product in accordance with the following paragraph.

Package leaflets

49

  • (1) If it is not reasonably practicable to have all the information in paragraph 47 on the immediate packaging or all of this information on the outer packaging, there must be a package leaflet supplied with the product, containing all the information in paragraph 47 except for the batch number and the expiry date, and including the name of both the marketing authorisation holder and, if different, the name of the distributor named in the marketing authorisation.
  • (2) If there is a package leaflet, the immediate packaging and the outer packaging must both refer the user to it.
  • (3) A package leaflet shall relate solely to the veterinary medicinal product with which it is included.
  • (4) It must be written in terms that are comprehensible to the general public.
  • (5) Only a package leaflet approved in the marketing authorisation may be included with the veterinary medicinal product.

Ampoules

50

  • (1) In the case of ampoules or other unit dose forms, where the container cannot bear legibly the required information, only the following information must be shown on the immediate packaging—
  • (a) the name of the veterinary medicinal product;
  • (b) the name and strength of the active ingredient;
  • (c) the route of administration (if not immediately apparent);
  • (d) the batch number;
  • (e) the expiry date;
  • (f) the words “For animal treatment only” and if appropriate, “To be supplied only on veterinary prescription”.
  • (2) The outer packaging must contain all the information in paragraph 47 if it is reasonably practicable to do this, and if it is not reasonably practicable to do this a package leaflet must be supplied with the product, except that the ampoule need not refer to the package leaflet.

Small containers other than ampoules

51

As regards small immediate packaging containing a single dose, other than ampoules, on which it is impossible to give the particulars mentioned in paragraph 47, all the information in paragraph 47 must appear on the outer packaging or outer packaging and package leaflet, but the immediate packaging must be labelled with the batch number and the expiry date and, if there is room, the other information in the preceding paragraph.

Homeopathic remedies

52

  • (1) A homeopathic remedy registered under these Regulations must be labelled in accordance with this paragraph.
  • (2) There must be no specific therapeutic indication on the labelling or in any information relating to it.
  • (3) The labelling (or labelling and package leaflet) must contain the following and no other information—
  • (a) the words “homeopathic remedy without approved therapeutic indications for veterinary use”;
  • (b) the scientific name of the stock or stocks followed by the degree of dilution, using the symbols of the pharmacopoeia used (if the homeopathic remedy is composed of more than one stock, the labelling may mention an invented name in addition to the scientific names of the stocks);
  • (c) the name and address of the registration holder and (on the package leaflet) of the manufacturer;
  • (d) the method and, if necessary, route of administration;
  • (e) the expiry date;
  • (f) the pharmaceutical form;
  • (g) the contents of the pack;
  • (h) any special storage precautions;
  • (i) the target species;
  • (j) any necessary special warnings;
  • (k) the batch number; and
  • (l) the registration number.

Variations

53

The Secretary of State may permit variations in the above in any individual marketing authorisation if this is necessary for public or animal health purposes or the protection of the environment.

PART 8 — Pharmacovigilance

Qualified persons responsible for pharmacovigilance

54

  • (1) A marketing authorisation holder must have permanently and continuously at his disposal an appropriately qualified person responsible for pharmacovigilance (“a qualified person (pharmacovigilance)”) who resides in a member State.
  • (2) It is an offence to fail to comply with this paragraph.

Duties relating to the qualified person

55

  • (1) The marketing authorisation holder must ensure that the qualified person (pharmacovigilance)—
  • (a) establishes and maintains a system that ensures that information about all suspected adverse reactions reported to the marketing authorisation holder is collected and collated in order to be accessible at least at one point in a member State;
  • (b) answers any request from the Secretary of State for the provision of additional information necessary for the evaluation of the benefits and risks afforded by a veterinary medicinal product fully and within any time limit imposed by the Secretary of State when he requested the information, including the volume of sales of the veterinary medicinal product concerned and, if available, details of prescriptions;
  • (c) provides to the Secretary of State any other information relevant to the evaluation of the benefits and risks afforded by a veterinary medicinal product, including appropriate information on post-marketing surveillance studies; and in this paragraph “post-marketing surveillance studies” means a pharmacoepidemiological study or a clinical trial carried out in accordance with the terms of the marketing authorisation, conducted with the aim of identifying and investigating a safety hazard relating to an authorised veterinary medicinal product.
  • (2) It is an offence to fail to comply with this paragraph.

Adverse reactions to a veterinary medicinal product administered in the United Kingdom

56

  • (1) A marketing authorisation holder must act in accordance with this paragraph if he learns of any suspected—
  • (a) serious adverse reaction;
  • (b) human adverse reaction; or
  • (c) unintended transmission of an infectious agent through a veterinary medicinal product,

following the administration of the product in the United Kingdom.

  • (2) He must make a record of what happened.
  • (3) He must without delay and in any event within 15 days report it (electronically if this is practicable) to the Secretary of State.
  • (4) In addition, he must supply to the Secretary of State all relevant veterinary pharmacovigilance information in his possession relating to the reaction, giving a full description of the incident and a list of all the symptoms using internationally recognised veterinary and medical terminology23, either with the report or, if the information becomes available after the report has been sent, as soon after it becomes available as is reasonably practicable.
  • (5) In this and the following paragraph—
  • “human adverse reaction” means a reaction that is noxious and unintended and that occurs in a human being following exposure to a veterinary medicine;
  • “serious adverse reaction” means an adverse reaction that results in death, is life-threatening, results in significant disability or incapacity, is a congenital anomaly or birth defect, or that results in permanent or prolonged signs in the animals treated.
  • (6) It is an offence to fail to comply with this paragraph.

Adverse reactions to a veterinary medicinal product administered in a third country

57

  • (1) A marketing authorisation holder for a veterinary medicinal product authorised in the United Kingdom must act in accordance with this paragraph if he learns of any suspected—
  • (a) serious, unexpected adverse reaction (for these purposes a reaction is unexpected if its nature, severity or outcome is not consistent with the summary of the product characteristics);
  • (b) human adverse reaction; or
  • (c) unintended transmission of an infectious agent through a veterinary medicinal product,

following the administration of the product in a third country.

  • (2) He must make a record of what happened.
  • (3) He must without delay and in any event within 15 days report the suspected reaction or transmission (electronically if this is practicable) to the Secretary of State, the competent authorities of all member States in which the product is authorised, and the Agency.
  • (4) In addition to the report, he must supply to the Secretary of State, the competent authorities of all other member States where the product is authorised and the Agency, the information required under paragraph 56(4) in the manner set out in that paragraph.
  • (5) It is an offence to fail to comply with this paragraph.

Periodic safety update reports

58

  • (1) The marketing authorisation holder must submit to the Secretary of State records of all adverse reactions (including nil reports) in the form of a periodic safety update report for each marketing authorisation in accordance with this paragraph, including a summary of each incident and a list of all the symptoms using internationally recognised veterinary and medical terminology.
  • (2) If the marketing authorisation holder has not yet placed a product on the market in the United Kingdom, he must submit a periodic safety update report immediately upon request of the Secretary of State and at least every six months after authorisation.
  • (3) Following the placing on the market in the United Kingdom, the marketing authorisation holder must submit a periodic safety update report to the Secretary of State immediately upon request and—
  • (a) at least every six months during the first two years following the initial placing on the market;
  • (b) once a year for the following two years; and
  • (c) thereafter, at three-yearly intervals.
  • (4) Following the granting of a marketing authorisation, the marketing authorisation holder may apply to the Secretary of State to change the periods of notification.
  • (5) The periodic safety update report must include a scientific evaluation of the risk benefit balance of the veterinary medicinal product.
  • (6) The periodic safety update report must include—
  • (a) the volume of the product sold in each year covered by the report, calculated on an annual basis beginning 1st January;
  • (b) the number of adverse reactions for each year of the report;
  • (c) the ratio of adverse reactions to volume of product sold together with an explanation of the basis of the calculation;
  • (d) differentiation of data based on—
  • (i) target species (if the product is authorised for use in more than one species);
  • (ii) reaction type (such as serious, non-serious, human, suspected lack of efficacy, unauthorised use or other);
  • (iii) the country of origin of the report.
  • (7) If the product is indicated for more than one species, the information in sub-paragraph (6) must be based so far as is practicable on the estimated use of the product.
  • (8) Data relating to different formulations (either different dosage forms or different strengths) must be provided in separate reports.
  • (9) It is an offence to fail to comply with this paragraph.

Release of information by the marketing authorisation holder

59

  • (1) A marketing authorisation holder must not communicate information relating to pharmacovigilance concerns to the general public in relation to its authorised veterinary medicinal product without giving prior or simultaneous notification to the Secretary of State.
  • (2) The marketing authorisation holder must ensure that such information is presented objectively and is not misleading.
  • (3) It is an offence to fail to comply with this paragraph.

Action taken on account of pharmacovigilance

60

  • (1) Where, as a result of the evaluation of veterinary pharmacovigilance data, the Secretary of State considers that a marketing authorisation should be—
  • (a) suspended;
  • (b) revoked; or
  • (c) varied so as to—
  • (i) restrict the indications;
  • (ii) change the distribution category;
  • (iii) amend the dose;
  • (iv) add a contraindication; or
  • (v) add a new precautionary measure,

he shall forthwith inform the Agency, all other member States (irrespective of whether the product is authorised in another member State) and the marketing authorisation holder.

  • (2) If urgent action is necessary for protecting human or animal health, the Secretary of State may suspend the marketing authorisation of a veterinary medicinal product, but he must inform the Agency, the Commission and the other member States within one working day.
  • (3) If, following the opinion of the Agency, the Commission requests the Secretary of State to suspend, withdraw or vary the marketing authorisation, the Secretary of State shall comply with that request immediately on a temporary basis.
  • (4) The Secretary of State shall take final measures in accordance with the Decision of the Commission.

PART 9 — Homeopathic remedies

Meaning of “homeopathic remedy”

61

For the purposes of these Regulations, a homeopathic remedy is a veterinary medicinal product (which may contain a number of principles) prepared from homeopathic stocks in accordance with a homeopathic manufacturing procedure described in the European Pharmacopoeia24 or, if it is not described there, in a pharmacopoeia published by the British Pharmacopoeial Commission or by the competent authority of any member State.

Placing a homeopathic remedy on the market in accordance with a registration

62

  • (1) By way of derogation from the provisions of these Regulations requiring a marketing authorisation for a veterinary medicinal product, a homeopathic remedy may be placed on the market in accordance with a registration by the Secretary of State instead of in accordance with a marketing authorisation if it complies with this paragraph.
  • (2) It must not be an immunological product.
  • (3) The route of administration must be as described in the European Pharmacopoeia or, if it is not described there, by a pharmacopoeia currently used officially in any member State.
  • (4) There must be a sufficient degree of dilution to guarantee the safety of the product, and in any event it must not contain more than one part in 10,000 of the mother tincture.
  • (5) All other provisions relating to marketing authorisations apply in the same way to registrations of a homeopathic remedy.

Application for registration

63

  • (1) An applicant for registration must submit the following to the Secretary of State—
  • (a) the scientific name or other name of the homeopathic stock given in a pharmacopoeia, together with a statement of the various routes of administration, pharmaceutical forms and degree of dilution;
  • (b) a dossier describing how the homeopathic stock is obtained and controlled, and justifying its homeopathic nature, on the basis of an adequate bibliography;
  • (c) in the case of a product containing biological substances, a description of the measures taken to ensure the absence of pathogens;
  • (d) the manufacturing and control file for each pharmaceutical form and a description of the method of dilution and potentisation;
  • (e) a copy of the manufacturing authorisation for the product;
  • (f) copies of any registrations or authorisations obtained for the same homeopathic remedy in other member States;
  • (g) a mock-up of the outer packaging and immediate packaging;
  • (h) stability data;
  • (i) the proposed withdrawal period necessary to ensure that the provisions of Council Regulation (EEC) No. 2377/90 are complied with together with all necessary justification.
  • (2) These documents must demonstrate the pharmaceutical quality and the batch-to-batch homogeneity of the products concerned.
  • (3) In the case of a food-producing animal, if the applicant states in the application that the homeopathic remedy contains an active substance, or has been manufactured using an active substance, that substance must be one that appears in Annex II to Regulation (EEC) No. 2377/90 and complies with any requirements in that Annex relating to that substance.
  • (4) If a product is registered in another member State, the Secretary of State may waive some or all of the requirements of this paragraph if he is satisfied that it is reasonable to do so.

Procedure for registration

64

  • (1) The procedure for registration is the same as the procedure for granting a marketing authorisation in accordance with Part 3, except—
  • (a) the applicant is not required to provide proof of therapeutic effect;
  • (b) the product shall not have a summary of product characteristics;
  • (c) the Secretary of State shall not publish an assessment report.
  • (2) The procedure for variation, suspension and revocation is the same as for a marketing authorisation.

Products on the market before 1994

65

A homeopathic remedy that was on the market before 1st January 1994 may be placed on the market without being registered.

Classification

66

The registration must specify the classification of the homeopathic remedy, which must be one of the classifications specified for a veterinary medicinal product in Schedule 3.

SCHEDULE 2 — THE MANUFACTURE OF VETERINARY MEDICINAL PRODUCTS

PART 1 — Manufacturing authorisation

Application

1

An application for a manufacturing authorisation shall be made to the Secretary of State.

Time limits

2

  • (1) The Secretary of State shall process an application for a manufacturing authorisation within 90 days of receiving it.
  • (2) He shall process an application for a variation of a manufacturing authorisation within 30 days unless he notifies the applicant in writing that he is extending the time to 90 days.

Granting the authorisation

3

The Secretary of State shall grant a manufacturing authorisation if he is satisfied that the applicant has at his disposal suitable and sufficient premises, staff, technical equipment and facilities for the manufacture, control and storage of the products, and will comply with his duties under these Regulations.

The authorisation

4

  • (1) The manufacturing authorisation shall specify—
  • (a) the types of veterinary medicinal products and pharmaceutical forms that may be manufactured or imported;
  • (b) the place where they are to be manufactured or controlled;
  • (c) the name and address of the person holding the authorisation;
  • (d) the address of the premises to which it relates;
  • (e) the name of the qualified person nominated to act under this Schedule.
  • (2) It may specify that different activities must be carried out in different premises or parts of premises, and may require the holder of the manufacturing authorisation to restrict access to premises or parts of premises to persons carrying out activities there.

Suspension or revocation of the authorisation

5

  • (1) The Secretary of State may suspend or revoke a manufacturing authorisation if the holder—
  • (a) has not complied with these Regulations;
  • (b) has manufactured a veterinary medicinal product not authorised by his manufacturing authorisation;
  • (c) has produced a veterinary medicinal product outside the terms of a marketing authorisation;
  • (d) no longer has suitable premises or equipment.
  • (2) He may also suspend or revoke it if he is satisfied that the qualified person (manufacture) is not fulfilling his duties.

Representation to the Secretary of State

6

  • (1) A person may make representations against a refusal, suspension or revocation of a manufacturing authorisation to a person appointed for the purpose by the Secretary of State.
  • (2) The appointed person shall consider the representations and report in writing to the Secretary of State.
  • (3) The Secretary of State shall give written notification of his final determination and the reasons for it.

Inspection of premises

7

  • (1) The Secretary of State shall inspect the premises relating to a manufacturing authorisation on a regular basis to ensure compliance with good manufacturing practice.
  • (2) Within 90 days after an inspection, the Secretary of State shall issue a certificate of good manufacturing practice to the manufacturer if the inspection established that he is complying with the principles and guidelines on good manufacturing practice in accordance with Commission Directive 91/412/EEC laying down the principles and guidelines of good manufacturing practice for veterinary medicinal products25.
  • (3) If an inspection is carried out at the request of the European Pharmacopoeia to establish compliance with a monograph, the Secretary of State shall issue a certificate of compliance with the monograph, if appropriate.
  • (4) The Secretary of State shall provide details of each certificate of good manufacturing practice that he issues to the Agency for entry into a database.
  • (5) If the outcome of the inspection is that the manufacturer does not comply with the principles and guidelines of good manufacturing practice, he shall provide details to the Agency for entry into the database.

Report following inspection

8

  • (1) After each inspection of manufacturing premises, the inspector shall make a written report to the Secretary of State on whether the principles and guidelines on good manufacturing practice and the conditions of these Regulations are being complied with.
  • (2) The Secretary of State shall inform the inspected manufacturer of the content of such reports.

Duties on the holder of a manufacturing authorisation

9

  • (1) A holder of a manufacturing authorisation must ensure that the veterinary medicinal product is manufactured in accordance with the marketing authorisation.
  • (2) He must have permanently at his disposal the services of at least one qualified person (manufacture) who is on the register of qualified persons (manufacture) maintained by the Secretary of State.
  • (3) He must hold a current Certificate of Good Manufacturing Practice.
  • (4) He must have in place a system of Quality Assurance and Quality Control.
  • (5) He must give to the Secretary of State on request proof of all control tests carried out on the veterinary medicinal product or the constituents and intermediate products of the manufacturing process in accordance with the data submitted in support of the application for the marketing authorisation.
  • (6) If he makes up a bulk package of veterinary medicinal products he must ensure that the package is labelled, in a way that the label is clearly visible and legible, with—
  • (a) the name of the veterinary medicinal product, its strength as shown in the summary of product characteristics and its pharmaceutical form;
  • (b) the batch number;
  • (c) expiry date;
  • (d) any storage requirements; and
  • (e) any other warning necessary for the safe handling of the package.
  • (7) He must keep an adequate number of representative samples of each batch of a veterinary medicinal product in stock at least until the expiry date of the batch, and must submit any such sample to the Secretary of State if he requires it in writing.

Qualified persons for manufacture

10

  • (1) The Secretary of State may appoint as a qualified person (manufacture) any person who is—
  • (a) registered as a pharmaceutical chemist with the Royal Pharmaceutical Society of Great Britain or with the Pharmaceutical Society of Northern Ireland;
  • (b) a Chartered Chemist or a Fellow, Member or Associate Member of the Royal Society of Chemistry; or
  • (c) a Chartered Biologist or a Fellow, Member or Associate Member of the Institute of Biology,

who qualified on the basis of a formal course of study lasting not less than three years full-time or equivalent and who has sufficient practical experience to carry out the duties under this Schedule.

  • (2) The Secretary of State may exceptionally appoint a person who is not a member of one of those institutions to act as a qualified person (manufacture) if he is satisfied that he has the educational qualifications or practical experience to carry out the duties under this Schedule.

Refusal or revocation of appointment

11

  • (1) The Secretary of State may refuse or revoke an appointment if he is not satisfied that a person has fulfilled or will fulfil his duties.
  • (2) A person may make representations against a refusal or revocation to a person appointed for the purpose by the Secretary of State, and the procedure in paragraph 6 applies.

Duties on a qualified person

12

  • (1) The qualified person (manufacture) must ensure that each batch of veterinary medicinal product manufactured under his responsibility is manufactured and checked in compliance with these Regulations and in accordance with the data submitted in support of the application for the marketing authorisation.
  • (2) If a manufacturer imports a veterinary medicinal product from a third country, including a product manufactured in a member State, the qualified person (manufacture) must ensure that, following importation, each production batch imported is fully tested in a member State, including a full qualitative analysis, a quantitative analysis of at least all the active substances and all the other tests or controls necessary to ensure the quality of a veterinary medicinal product is in accordance with the requirements of the marketing authorisation.
  • (3) The preceding paragraph does not apply where appropriate arrangements have been made by the European Community with the exporting country to ensure that the manufacturer of the veterinary medicinal product applies standards of good manufacturing practice at least equivalent to those laid down in Commission Directive 91/412/EEC and to ensure that the controls in sub-paragraph (2) have been carried out in the exporting country.
  • (4) At each stage of manufacture, including release for sale, the qualified person (manufacture) must certify in writing that all control tests required under the marketing authorisation have been carried out, and that the production batch complies with the marketing authorisation.
  • (5) It is an offence to fail to comply with this paragraph.

Register

13

The Secretary of State shall maintain and publish a register of holders of manufacturing authorisations and qualified persons (manufacture).

Test sites

14

  • (1) The Secretary of State may authorise premises to act as a test site to carry out contract testing for a holder of a manufacturing authorisation.
  • (2) The premises must have a current certificate of good manufacturing practice.
  • (3) Authorisation and inspection of the premises are the same as for a manufacturing authorisation.

PART 2 — Authorisation of manufacturers of autogenous vaccines

Authorisation to manufacture autogenous vaccines

15

  • (1) The Secretary of State may authorise a person and premises to manufacture autogenous vaccines.
  • (2) In order to be authorised the premises must be under the supervision of—
  • (a) a veterinary surgeon, or
  • (b) a person who the Secretary of State is satisfied has sufficient qualifications and experience to manufacture the product safely.
  • (3) Before he authorises the premises, the Secretary of State must be satisfied that the production process will produce a consistent, safe product.
  • (4) The procedure for the suspension or revocation of the authorisation is the same as for the holder of a manufacturing authorisation.
  • (5) It is an offence to manufacture an autogenous vaccine other than in accordance with such an authorisation.

Types of authorisation

16

  • (1) The authorisation shall specify the products that may be manufactured.
  • (2) It shall either be for the production of a single batch of product or for on-going production of the products specified in the authorisation.
  • (3) If it is for a single batch the authorisation shall be time-limited.
  • (4) Only the products specified in the authorisation may be manufactured, and in the case of an authorisation for a single batch the product may only be manufactured before the expiry of the authorisation.

Labelling

17

  • (1) The operator of the premises must ensure that every container containing autogenous vaccine is labelled with—
  • (a) the name of the veterinary surgeon who ordered the vaccine;
  • (b) a precise description of the vaccine;
  • (c) the date the vaccine was produced;
  • (d) the name of the authorisation holder and address of the authorised premises;
  • (e) the expiry date;
  • (f) any necessary warnings; and
  • (g) instructions for use.
  • (2) It is an offence to fail to comply with this paragraph.

Records

18

  • (1) The operator of the premises must, as soon as is reasonably practicable, record—
  • (a) the name and address of the veterinary surgeon who ordered the vaccine;
  • (b) the identity of the source animal;
  • (c) the expiry date;
  • (d) the date of supply to the veterinary surgeon.
  • (2) He must keep the records for at least five years.
  • (3) It is an offence to fail to comply with this paragraph.

Adverse reactions

19

  • (1) The authorised person must notify the Secretary of State of any adverse reactions to an autogenous vaccine of which he becomes aware within 15 days of learning of the reaction.
  • (2) It is an offence to fail to comply with this paragraph.

Inspection of premises

20

The Secretary of State shall inspect the authorised premises every two years.

PART 3 — Authorisation of blood banks

Authorisation of blood banks

21

  • (1) The Secretary of State may authorise blood banks for the collection, storage and supply of blood for the treatment of non-food-producing animals.
  • (2) In order to be authorised a blood bank must be under the supervision of—
  • (a) a veterinary surgeon named in the authorisation; or
  • (b) a person named in the authorisation who the Secretary of State is satisfied is suitably qualified to operate the blood bank.
  • (3) Before he authorises a blood bank, the Secretary of State must be satisfied—
  • (a) that the welfare of animals used in the collection of blood will be respected; and
  • (b) that the production process will produce a consistent, safe product.
  • (4) The procedure for the suspension or revocation of the authorisation is the same as for the holder of a manufacturing authorisation.
  • (5) Blood may only be collected under the supervision of a veterinary surgeon.
  • (6) It is an offence to operate a blood bank for treatment of animals other than in accordance with such an authorisation.

Supply and administration of blood from a blood bank

22

  • (1) The blood may only be supplied to a veterinary surgeon.
  • (2) It may only be administered by a veterinary surgeon or under his supervision.
  • (3) It may only be administered to non-food-producing animals.
  • (4) It is an offence to fail to comply with this paragraph.

Labelling

23

  • (1) The operator of a blood bank must ensure that every container used for the blood is labelled with—
  • (a) the identity of the donor animal;
  • (b) the date of collection;
  • (c) the name of the veterinary surgeon who collected it;
  • (d) any necessary warnings; and
  • (e) the expiry date.
  • (2) It is an offence to fail to comply with this paragraph.

Records

24

  • (1) The operator of a blood bank must, as soon as is reasonably practicable, record—
  • (a) the date of collection;
  • (b) the identity of the donor animal;
  • (c) the veterinary surgeon who collected it;
  • (d) the expiry date; and
  • (e) the date the blood was used or, if it was supplied to another veterinary surgeon, the name of that veterinary surgeon and the date it was supplied.
  • (2) He must keep the records for at least five years.
  • (3) It is an offence to fail to comply with this paragraph.

Inspection of blood banks

25

The Secretary of State shall inspect a blood bank every two years.

PART 4 — Authorisation of manufacturers of products for administration under the cascade

Authorisation to manufacture products for administration under the cascade

26

  • (1) The Secretary of State may authorise a person and premises to manufacture an unauthorised veterinary medicinal product for administration under the cascade.
  • (2) In order to be authorised the premises must be under the supervision of a person who the Secretary of State is satisfied has sufficient qualifications and experience to manufacture the product safely.
  • (3) Before he authorises the premises, the Secretary of State must be satisfied that the production process will produce a safe product.
  • (4) The procedure for the suspension or revocation of the authorisation is the same as for the holder of a manufacturing authorisation.
  • (5) The authorisation shall specify what types of product it covers.
  • (6) It is an offence for the holder of an authorisation to manufacture a product other than in accordance with the authorisation.

Labelling

27

  • (1) The authorised person must ensure that, before a veterinary medicinal product is supplied, every container is labelled with—
  • (a) the name of the veterinary surgeon who ordered the veterinary medicinal product;
  • (b) a precise description of the veterinary medicinal product;
  • (c) the date of production;
  • (d) the name of the authorisation holder and the address of the authorised premises;
  • (e) the expiry date;
  • (f) any necessary warnings; and
  • (g) instructions for use.
  • (2) It is an offence to fail to comply with this paragraph.

Records

28

  • (1) The authorised person must, as soon as is reasonably practicable, record—
  • (a) the name and address of the veterinary surgeon who ordered the veterinary medicinal product;
  • (b) a precise description of the veterinary medicinal product;
  • (c) the date of production;
  • (d) the expiry date; and
  • (e) the date of supply to the veterinary surgeon.
  • (2) He must keep the records for at least five years.
  • (3) It is an offence to fail to comply with this paragraph.

Adverse reaction

29

  • (1) The authorised person must notify the Secretary of State of any adverse reaction to a product manufactured by him within 15 days of learning of the reaction.
  • (2) It is an offence to fail to comply with this paragraph.

Inspection of premises

30

The Secretary of State shall inspect the authorised premises every two years.

SCHEDULE 3 — CLASSIFICATION AND SUPPLY, WHOLESALE DEALERS AND SHEEP DIP

PART 1 — Classification and supply of authorised veterinary medicinal products

Classification of veterinary medicinal products

1

  • (1) There shall be the following categories of authorised veterinary medicinal products—
  • (a) Prescription Only Medicine—Veterinarian (abbreviated to POM-V);
  • (b) Prescription Only Medicine—Veterinarian, Pharmacist, Suitably Qualified Person (abbreviated to POM-VPS);
  • (c) Non-Food Animal—Veterinarian, Pharmacist, Suitably Qualified Person (abbreviated to NFA-VPS);
  • (d) Authorised Veterinary Medicine—General Sales List (abbreviated to AVM-GSL).
  • (2) The Secretary of State shall specify the classification of the veterinary medicinal product when he grants the initial marketing authorisation.
  • (3) He may change the classification after the marketing authorisation has been granted, either at the request of the marketing authorisation holder or in accordance with paragraph 37 of Schedule 1 (compulsory variation).
  • (4) When he grants the marketing authorisation the Secretary of State must classify the following as POM-V—
  • (a) products containing narcotic or psychotropic substances;
  • (b) products intended as treatments following a precise prior diagnosis.
  • (5) When he grants the marketing authorisation he must classify the following as POM-V or POM-VPS—
  • (a) (after 1st January 2007) products for food-producing animals;
  • (b) products in respect of which special precautions must be taken in order to avoid any unnecessary risk to—
  • (i) the target species;
  • (ii) the person administering the products to the animal; and
  • (iii) the environment;
  • (c) products that may cause effects that impede or interfere with subsequent diagnostic or therapeutic measures; and
  • (d) new veterinary medicinal products containing an active substance that has not been included in an authorised veterinary medicinal product for five years.

Wholesale supply of veterinary medicinal products

2

  • (1) Only a holder of a marketing authorisation, the holder of a manufacturing authorisation or the holder of a wholesale dealer’s authorisation granted by the Secretary of State may supply a veterinary medicinal product wholesale, or be in possession of it for that purpose.
  • (2) They may only supply a veterinary medicinal product if their authorisation relates to that product, and they may only supply it to another person who may supply that product under these Regulations, either wholesale or retail.
  • (3) If the supply is to a suitably qualified person, it must be to the premises approved in accordance with paragraph 13.
  • (4) It is irrelevant whether or not the supply is for profit.
  • (5) This paragraph does not apply in relation to a retailer of veterinary medicinal products who supplies another retailer provided that in any one year the amount supplied by a retailer does not exceed five per cent in terms of value of turnover of veterinary medicinal products of that retailer.
  • (6) It is an offence to fail to comply with this paragraph.

Retail supply of veterinary medicinal products

3

  • (1) This paragraph applies in relation to retail supply of veterinary medicinal products.
  • (2) A veterinary medicinal product classified as POM-V may only be supplied by a veterinary surgeon or a pharmacist and must be supplied in accordance with a prescription from a veterinary surgeon.
  • (3) A veterinary medicinal product classified as POM-VPS may only be supplied by—
  • (a) a veterinary surgeon;
  • (b) a pharmacist; or
  • (c) a suitably qualified person in accordance with paragraph 13,

and must be in accordance with a prescription from one of those persons.

  • (4) A veterinary medicinal product classified as NFA-VPS may be supplied without prescription, but may only be supplied by—
  • (a) a veterinary surgeon;
  • (b) a pharmacist; or
  • (c) a suitably qualified person in accordance with paragraph 13.
  • (5) There are no restrictions on the supply of AVM-GSL products.
  • (6) In this paragraph—
  • (a) “retail supply” means any supply other than to or from the holder of a wholesale dealer’s authorisation, and whether or not for payment; and
  • (b) a person may supply a product irrespective of who owns it.
  • (7) It is an offence to fail to comply with this paragraph.

Prescriptions by a veterinary surgeon

4

A veterinary surgeon who prescribes a veterinary medicinal product classified as POM-V must first carry out a clinical assessment of the animal, and the animal must be under his care, and failure to do so is an offence.

Prescriptions

5

  • (1) A prescription may be oral or written, but a veterinary medicinal product classified as POM-V or POM-VPS may only be supplied—
  • (a) by the person who prescribed it, or
  • (b) under a written prescription that complies with paragraph 6.
  • (2) A person supplying such a product under a written prescription—
  • (a) may only supply the product specified in that prescription,
  • (b) must take all reasonable steps to satisfy himself that the prescription has been written and signed by a person entitled to prescribe the product; and
  • (c) must ensure that it is supplied to the person named in the prescription.
  • (3) It is an offence to fail to comply with this paragraph.

Written prescriptions

6

  • (1) A written prescription must include—
  • (a) the name, address and telephone number of the person prescribing the product;
  • (b) the qualifications enabling the person to prescribe the product;
  • (c) the name and address of the owner or keeper;
  • (d) the species of animal, identification and number of the animals;
  • (e) the premises at which the animals are kept if this is different from the address of the owner or keeper;
  • (f) the date of the prescription;
  • (g) the signature or other authentication of the person prescribing the product;
  • (h) the name and amount of the product prescribed;
  • (i) the dosage and administration instructions;
  • (j) any necessary warnings;
  • (k) the withdrawal period if relevant.
  • (2) A written prescription for a controlled drug as specified in the Misuse of Drugs Regulations 200126 is valid for 28 days.
  • (3) A written prescription for any other drug is valid for six months or such shorter period as may be specified in the prescription.
  • (4) If the prescription is a repeatable prescription that does not specify the number of times the product may be supplied, the prescription may only be repeated once.

Duties when a product is prescribed or supplied

7

  • (1) When a person prescribes a product classified as POM-V or POM-VPS, or supplies a product classified as NFA-VPS—
  • (a) before he does so, he must be satisfied that the person who will use the product is competent to do so safely, and intends to use it for a purpose for which it is authorised;
  • (b) when he does so, he must advise on its safe administration and on any warnings or contra-indications on the label or package leaflet; and
  • (c) he must not prescribe (or, in the case of a NFA-VPS product, supply) more than the minimum amount required for the treatment; but it is a defence for him to show that—
  • (i) the product prescribed or supplied by him was in a container specified in the marketing authorisation;
  • (ii) the manufacturer does not supply that veterinary medicinal product in a smaller container; and
  • (iii) he is not a person authorised to break open the package before supply.
  • (2) It is an offence to fail to comply with this paragraph.

Supply by a pharmacist

8

  • (1) A pharmacist may only supply a veterinary medicinal product classified as POM-V, POM-VPS or NFA-VPS from premises registered as a pharmacy with the Royal Pharmaceutical Society of Great Britain or with the Pharmaceutical Society of Northern Ireland, or (in the case of a veterinary medicinal product classified as POM-VPS or NFA-VPS) from premises registered under paragraph 13.
  • (2) A pharmacist may supply a homeopathic remedy prepared extemporaneously by a pharmacist in a registered pharmacy (as well as any other homeopathic remedy that he is permitted to supply under these Regulations) provided that it is prepared in accordance with paragraph 61 of Schedule 1 for an individual customer.
  • (3) It is an offence to fail to comply with this paragraph.

Supply by a veterinary surgeon when he is not present

9

  • (1) A veterinary surgeon supplying a veterinary medicinal product need not be present when it is handed over, but if he is not present—
  • (a) he must authorise each transaction individually before the product is supplied;
  • (b) he must have satisfied himself that the person handing it over is competent to do so.
  • (2) It is an offence to fail to comply with this paragraph.

Supply of products for incorporation into feedingstuffs

10

  • (1) In the case of a veterinary medicinal product where the marketing authorisation specifies that it must be incorporated into feedingstuffs, the marketing authorisation holder, an authorised manufacturer of that product or an authorised wholesale dealer may supply it to—
  • (a) an approved premixture manufacturer; or
  • (b) a feedingstuffs manufacturer where the approval so permits.
  • (2) A veterinary surgeon, pharmacist or suitably qualified person who supplies a veterinary medicinal product for the purposes of incorporating it into a premixture or feedingstuff may only supply it to a person specified in paragraph 10(1)(a) or (b).
  • (3) In addition, an approved premixtures manufacturer or feedingstuffs manufacturer may supply a veterinary medicinal product to another approved premixtures manufacturer or feedingstuffs manufacturer provided that the amount supplied does not exceed five per cent in terms of value of veterinary medicinal product used annually.
  • (4) It is an offence to fail to comply with this paragraph.

Labelling at the time of retail supply

11

  • (1) If a veterinary medicinal product is supplied in a container specified in the marketing authorisation, it is an offence to supply it if any information on the outer packaging (or, if there is no outer packaging, the immediate packaging) is not clearly visible at the time of supply or has been changed in any way.
  • (2) Sub-paragraph (1) does not apply to a veterinary surgeon who amends a label, or a pharmacist who amends it in accordance with a prescription from a veterinary surgeon, provided that the unamended information remains clearly visible.
  • (3) If a veterinary medicinal product is supplied in a container other than that specified in the marketing authorisation, the person supplying the veterinary medicinal product must supply sufficient written information (which may include a copy of the summary of product characteristics or the package leaflet) to enable the product to be used safely, and failure to do so is an offence.

Supply of veterinary medicinal products for use under the cascade

12

  • (1) A veterinary medicinal product supplied for administration under the cascade may only be supplied in accordance with a prescription from a veterinary surgeon.
  • (2) Unless the veterinary surgeon who prescribed the veterinary medicinal product supplies the product himself and administers it to the animal himself, the person supplying it must label it (or ensure that it is labelled) with at least the following information—
  • (a) the name and address of the pharmacy or veterinary surgery supplying the veterinary medicinal product;
  • (b) the name of the veterinary surgeon who has prescribed the product;
  • (c) the name and address of the animal owner;
  • (d) the identification of the animal or group of animals;
  • (e) the date of supply;
  • (f) the expiry date of the product, if applicable;
  • (g) the name or description of the product which should include at least the name and quantity of active ingredients;
  • (h) dosage and administration instructions;
  • (i) any special storage precautions;
  • (j) any necessary warnings for the user, target species, administration or disposal of the product.
  • (3) It is an offence to fail to comply with this paragraph.

Supply by a suitably qualified person

13

  • (1) The Secretary of State shall recognise bodies that are suitable to maintain a register for suitably qualified persons to prescribe and supply veterinary medicinal products classified as POM-VPS and NFA-VPS.
  • (2) In order to recognise such a body, the Secretary of State must be satisfied that the body—
  • (a) has in place a system for ensuring that persons applying for registration have adequate training to act as a suitably qualified person under these Regulations;
  • (b) has adequate standards in deciding whether or not to register someone as a suitably qualified person;
  • (c) maintains a programme of continuing development for persons registered with it;
  • (d) operates an adequate appeal system if it intends to refuse to register anyone with appropriate qualifications or to remove anyone from the register.
  • (3) To become a suitably qualified person it is necessary to pass examinations specified by such a body, and to be registered with such a body.
  • (4) The supply of products permitted to be supplied by a suitably qualified person must take place from premises approved by the Secretary of State as being suitable for the storage and supply of veterinary medicinal products.
  • (5) A suitably qualified person must either—
  • (a) hand over or despatch the product himself;
  • (b) ensure that, when the product is handed over or despatched, he is in a position so that he can intervene if necessary; or
  • (c) check the product after it has been allocated for supply to a customer, and satisfy himself that the person handing over or dispatching it is competent to do so.
  • (6) If a suitably qualified person considers that the premises in which he is operating no longer comply with the approval granted by the Secretary of State, he must notify the Secretary of State without unreasonable delay, and failure to do so is an offence.
  • (7) The Secretary of State may issue a Code of Practice for suitably qualified persons, and a body recognised under this paragraph shall ensure that a suitably qualified person registered with it complies with the Code of Practice.
  • (8) The Secretary of State shall publish a list of—
  • (a) suitably qualified persons; and
  • (b) the trading names and the addresses of premises approved under this paragraph.
  • (9) The procedure for the suspension or revocation of the authorisation of the premises is the same as for the holder of a manufacturing authorisation.

Annual audit

14

  • (1) At least once a year every person entitled to supply a veterinary medicinal product on prescription must carry out a detailed audit, and incoming and outgoing veterinary medicinal products shall be reconciled with products currently held in stock, any discrepancies being recorded.
  • (2) It is an offence to fail to comply with this paragraph.

PART 2 — Requirements for a wholesale dealer’s authorisation

Application

15

An application for a wholesale dealer’s authorisation shall be made to the Secretary of State.

Time limits

16

The Secretary of State shall process an application for a wholesale dealer’s authorisation within 90 days of receiving it.

Granting the authorisation

17

  • (1) The Secretary of State shall grant a wholesale dealer’s authorisation if he is satisfied that this paragraph is complied with.
  • (2) The authorised site must be—
  • (a) weatherproof;
  • (b) secure and lockable;
  • (c) clean; and
  • (d) free from contaminants.
  • (3) If the veterinary medicinal products covered by the authorisation are subject to specific storage conditions, the site must be capable of fulfilling those requirements.
  • (4) The authorisation holder must—
  • (a) have at his disposal the services of technically competent staff; and
  • (b) have an effective emergency recall plan.

The authorisation

18

  • (1) The wholesale dealer’s authorisation shall specify—
  • (a) the types of veterinary medicinal products and pharmaceutical forms that may be dealt in;
  • (b) the place where they are to be stored;
  • (c) the name and address of the person holding the authorisation;
  • (d) the address of the premises to which it relates; and
  • (e) the name of the qualified person nominated to act under the Guidelines on Good Distribution Practice under paragraph 21.
  • (2) It may cover more than one site.
  • (3) It shall lapse if the holder does not deal in veterinary medicinal products for five years.

Suspension or revocation of the authorisation

19

The Secretary of State may suspend or revoke a wholesale dealer’s authorisation if the holder—

  • (a) has not complied with these Regulations; or
  • (b) no longer has suitable premises or equipment.

Representations

20

  • (1) A person may make representations against a refusal, suspension or revocation of a wholesale dealer’s authorisation to a person appointed for the purpose by the Secretary of State.
  • (2) The appointed person shall consider the representations and report in writing to the Secretary of State.
  • (3) The Secretary of State shall give written notification of his final determination and the reasons for it.

Duties on the holder of a wholesale dealer’s authorisation

21

  • (1) The holder of a wholesale dealer’s authorisation must store veterinary medicinal products in accordance with the terms of the marketing authorisation for each product.
  • (2) He must comply with the Guidelines on Good Distribution Practice of Medicinal Products for Human Use27 as if the veterinary medicinal products were products for human use.
  • (3) He must carry out a detailed stock audit at least once a year.
  • (4) He must supply information and samples to the Secretary of State on demand.
  • (5) He must notify the Secretary of State if there are any changes to the information held by him.
  • (6) It is an offence to fail to comply with this paragraph.

PART 3 — Sheep dip

Supply of sheep dip

22

  • (1) If the veterinary medicinal product is a sheep dip of any type the provisions of this paragraph apply, and it is an offence to supply the product by retail other than in accordance with this paragraph.
  • (2) The supply must be to a person (or a person acting on his behalf) who holds a Certificate of Competence in the Safe Use of Sheep Dips showing that Parts 1 and 2 or units 1 and 2 of the assessment referred to in the Certificate have been satisfactorily completed and issued by—
  • (a) in England, Wales, and Northern Ireland by the National Proficiency Tests Council, or by NPTC Part of the City & Guilds Group; or
  • (b) in Scotland, by one of those organisations or the Scottish Skills Testing Service.
  • (3) The supplier must make a record of the Certificate number as soon as is reasonably practicable, and keep it for at least three years.
  • (4) If the active ingredient of the veterinary medicinal product is an organophosphorus compound, the supplier must give to the buyer—
  • (a) a double sided laminated notice meeting the specifications in the following sub-paragraph (unless the notice has been provided to the buyer within the previous twelve months and the supplier knows or has reasonable cause to believe that the buyer still has it available for use); and
  • (b) two pairs of gloves either as described in the notice or providing demonstrably superior protection to the proposed user against exposure to the dip than would be provided by gloves as so described.

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