Animal Health and Welfare (Animal Remedies Veterinary Practice and Veterinary Medicine) Regulations 2017

• Jurisdiction: Ireland
• Citation: IR SI 558/2017
• Year: 2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th December, 2017.

I, MICHAEL CREED, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 3 of the European Communities Act (No. 27 of 1972) for the purpose of Regulation 2 and section 36 of the Animal Health and Welfare Act 2013 (No. 15 of 2013), hereby make the following regulations:

Citation and Construction

1. (1) These Regulations may be cited as the Animal Health and Welfare (Animal Remedies Veterinary Practice and Veterinary Medicine) Regulations 2017.

(2) The Animal Remedies Regulations and these Regulations may be cited together as the Animal Remedies Regulations 2007 to 2017 and shall be construed together as one.

Revocation and saver

2. (1) Regulations 43, 44 and Schedule 8 of the Animal Remedies Regulations are revoked.

(2) Any reference to Regulation 43 or 44 of the Animal Remedies Regulation revoked by paragraph (1) shall be construed as a reference to Regulation 4 or 5 of these Regulations respectively.

Interpretation

3. (1) In these Regulations “Animal Remedies Regulations” means the European Communities (Animal Remedies) (No. 2) Regulations 2007 ( S.I. No. 786 of 2007 ).

(2) A word or expression used in these Regulations and also used in the Animal Remedies Regulations has, unless the contrary intention appears, the meaning in these Regulations that it has in the Animal Remedies Regulations.

Prescribing and dispensing animal remedies

4. (1) A person shall not prescribe an animal remedy unless he or she is a registered veterinary practitioner, the animal to which the veterinary prescription relates is under his or her care and he or she is satisfied that—

(a) the veterinary prescription will be used to treat the animal to which the prescription relates,

(b) use of the animal remedy is justified for the animal,

(c) administration of the animal remedy is, to the best of his or her knowledge and belief, not incompatible with a current or previous treatment, (where appropriate, by consulting with any other veterinary practitioner who has responsibility for the care of the animals), and

(d) there is no contra-indication and there will not be an adverse reaction if other animal remedies have been, or are to be, administered or prescribed.

(2) A registered veterinary practitioner shall only prescribe an animal remedy in a quantity necessary for the treatment of the condition in respect of which the animal remedy is prescribed subject, in the case of a food producing animal, to a maximum quantity of 12 months supply from the date the veterinary prescription is issued.

(3) Without prejudice to Regulation 28(6) of the Animal Remedies Regulations, a registered veterinary practitioner who prescribes or administers an animal remedy designated veterinary practitioner only (VPO-1), veterinary practitioner only (VPO), or prescription only for or to an animal shall, at that time, issue a veterinary prescription to the owner or person in charge of the animal.

(4) Without prejudice to Regulation 28(6) of the Animal Remedies Regulations, only a registered veterinary practitioner may issue a veterinary prescription which shall contain at least the particulars listed in Schedule 3 to the Animal Remedies Regulations and-

(a) in the case of a paper prescription, be issued in triplicate with the original and one copy given to the owner or person in charge of the animal to be treated and a copy retained by the registered veterinary practitioner, or

(b) subject to paragraph (5), in the case where the veterinary practitioner transmits the veterinary prescription by electronic means to the owner or person in charge of the animal, such person shall retain the prescription for the purposes of Regulation 42(3) of the Animal Remedies Regulations.

(5) A registered veterinary practitioner may only issue a veterinary prescription by electronic means where he or she—

(i) supplies an animal remedy at the same time as he or she prescribes an animal remedy,

(ii) has obtained the agreement of the owner or person in charge of the animal to be treated,

(iii) endorses the veterinary prescription with the word “dispensed”, and

(iv) signs the prescription electronically at the time of prescribing.

(6) A registered veterinary practitioner shall retain, at his or her premises, a copy of a veterinary prescription for 5 years and make the copy available for inspection on request by an authorised officer.

(7) If a registered veterinary practitioner issues a veterinary prescription, he or she shall (if there is more than one authorised animal remedy suitable for treatment of the condition to which it applies) specify at least two animal remedies on the veterinary prescription.

(8) A person—

(a) who dispenses a veterinary prescription in part, shall immediately record on the prescription and on the copy, in a conspicuous, legible and indelible manner, the quantity of an animal remedy sold or supplied by him or her on foot of the veterinary prescription and the date of each such sale or supply and shall attest to this by means of his or her signature and shall retain a copy (which could be a photocopy) of the prescription,

(b) who has completed dispensing a veterinary prescription shall—

(i) at that time record on the prescription and on the copy thereof in a conspicuous, legible and indelible manner, the word “dispensed” and shall attest to this by means of his or her signature and the date,

(ii) return a copy of the veterinary prescription to the person who presented it, and

(iii) retain, at his or her premises, the original veterinary prescription for five years and shall make this available on request to an authorised officer,

(c) shall not complete dispensing an animal remedy on foot of a veterinary prescription later than 12 months after the date the veterinary prescription is issued, and

(d) shall not alter, deface or destroy a veterinary prescription.

(9) For the purposes of this Regulation, an animal is considered to be under the care of a registered veterinary practitioner if—

(a) the registered veterinary practitioner (or another member of the group veterinary practice of which he or she is a member) has been consulted and has been given responsibility for the professional veterinary care of the animal, herd or flock by the owner or person in charge,

(b) the registered veterinary practitioner (or other member of the group veterinary practice of which he or she is a member) has sufficient knowledge of the animal, herd or flock to form an opinion of the condition of the animal and for this purpose he or she (or another member of the group veterinary practice), shall have visited the farm or other premises on which the animal, herd or flock is kept (or otherwise examined the animal), sufficiently often and recently enough to have acquired an accurate picture of the health, welfare and disease status of the animals on that farm or...