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210 provisions
Title and introductory text
2024 No. 567
Medicines
The Veterinary Medicines (Amendment etc.) Regulations 2024
Made
25th April 2024
Coming into force
17th May 2024
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 10(1), 11, 12(1)(a), (b) and (c), and 43(2) of the Medicines and Medical Devices Act 2021 (“the Act”).
In accordance with section 10(2) of the Act, the Secretary of State’s overarching objective in making these Regulations is to promote one or more of the matters specified in that subsection.
The Secretary of State—
(a) has had regard to the matters mentioned in paragraphs (a), (b) and (c) of section 10(3) of the Act; and
(b) considers that, in accordance with section 10(4) of the Act, the benefits of making these Regulations outweigh the risks.
The Secretary of State has consulted in accordance with section 45(1) of the Act and has set out in the consultation document, in accordance with section 45(3) of the Act, a summary of the Secretary of State’s assessment of the matters mentioned in section 10 of the Act.
A draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 47(3) and (6)(a) of the Act.
(1) These Regulations may be cited as the Veterinary Medicines (Amendment etc.) Regulations 2024 and come into force 21 days after the day on which they are made.
(2) These Regulations extend to England and Wales and Scotland.
In regulation 2 (interpretation)—
(a) in paragraph (1), in the definition of “veterinary medicinal product”, at the end insert—
; or
(c) any substance or combination of substances that may be used for the purpose of euthanising an animal
;
(b) in paragraph (2)—
(i) at the appropriate places in alphabetical order insert—
“active substance” means any substance or mixture of substances intended to be used in the manufacture of a veterinary medicinal product, that, when used in its production, is responsible for the activity of that veterinary medicinal product;
“adverse environmental event” means an event where a non-target organism, population or ecosystem is adversely affected as a result of exposure to a veterinary medicinal product, its active substances or its metabolites present in soil, water or animal remains;
“adverse event” means any observation in animals that occurs after any use of a veterinary medicinal product, whether or not considered to be product-related, that is unfavourable and unintended;
“advertising” means, in relation to veterinary medicinal products, the making of a representation in any form in connection with those products in order to promote their supply, distribution, sale, prescription or use and includes any action taken for this purpose by way of the supply of samples or by means of sponsorship, and “advertise” and “advertisement” are to be construed accordingly;
“antibiotic” means any substance with a direct action on bacteria that is used for treatment or prevention of infections or infectious diseases;
“antimicrobial” means any substance with a direct action on micro-organisms that is used for treatment or prevention of infections or infectious diseases and includes antibiotics, antivirals, antifungals and antiprotozoals;
“antimicrobial resistance” means the ability of micro-organisms to survive or to grow in the presence of a concentration of an antimicrobial agent which is usually sufficient to inhibit or kill micro-organisms of the same species;
“ATCvet code” means, in relation to a veterinary medicinal product, the code issued in respect of that product by the World Health Organization Collaborating Centre for Drug Statistics Methodology, and published by that body in the ATCvet index;
“benefit-risk balance” means, in relation to a veterinary medicinal product, an evaluation of the positive effects of the veterinary medicinal product in relation to the following risks relating to the use of that product—
any risk to human or animal health relating to the quality, safety or efficacy of the veterinary medicinal product;
any risk of undesirable effects on the environment; or
any risk relating to the development of resistance;
“biological substance” means a substance that is produced by or extracted from a biological source and that needs for its characterisation and the determination of its quality a combination of physical, chemical and biological testing, together with knowledge of the production process and its control;
“biological veterinary medicinal product” means a veterinary medicinal product where an active substance is a biological substance;
“complementary feedingstuffs” means compound feed which has a high content of certain substances and which, by reason of its composition, is sufficient for a daily ration only if used in combination with other feed;
“complete feed” means compound feed which, by reason of its composition, is sufficient for a daily ration;
“compound feed” means a mixture of at least two feed additives for oral animal-feeding in the form of complete or complementary feed;
“daily ration” means the average total quantity of feedingstuffs, calculated on a moisture content of 12%, required daily by an animal of a given species, age category and yield, to satisfy all its nutritional needs;
“excipient” means any constituent of a veterinary medicinal product other than an active substance;
“feed additives” means substances, micro-organisms or preparations, other than feed material and intermediate feedingstuff, which are intentionally added to feed or water in order to perform, in particular, one or more of the functions mentioned in Schedule 5;
“feed materials” means products of vegetable or animal origin whose principal purpose is to meet animals’ nutritional needs, and which are intended for use in oral animal feed either directly, or after processing, or in the preparation of compound feed, or as a carrier of intermediate feedingstuffs;
“feedingstuff” means any substance or product, including additives, whether processed, partially processed or unprocessed, intended to be used for oral feeding to animals;
“generic veterinary medicinal product” means a veterinary medicinal product which has the same qualitative and quantitative composition of active substances and the same pharmaceutical form as a reference veterinary medicinal product;
“genetically modified organism” or “GMO” means a genetically modified organism for the purposes of the GMO Deliberate Release Regulations;
“GMO Deliberate Release Regulations” means—
as regards England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002;
as regards Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002;
as regards Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002;
“good distribution practice” means that part of quality assurance which ensures that products are consistently stored, supplied and controlled in accordance with the quality standards appropriate for their intended use and as required by the applicable marketing authorisation or product specifications;
“good manufacturing practice” means that part of quality assurance which ensures that products are consistently produced and controlled in accordance with the quality standards appropriate for their intended use and as required by the applicable marketing authorisation or product specifications;
“human adverse event” means a reaction that is noxious and unintended and that occurs in a human being following exposure to a veterinary medicinal product;
“improvement notice” has the meaning given in regulation 38(1);
“intermediate feedingstuffs” means a feed which is not ready to be directly fed to animals without further processing, consisting of a homogenous mixture of one or more of the following—
a medicinal premix;
a specified feed additive,
with feed materials or compound feed, exclusively intended to be used for the manufacture of a complete feed;
“lack of efficacy” means the apparent inability of an authorised veterinary medicinal product to have the expected efficacy in an animal, whether or not the product was used in accordance with the summary of product characteristics;
“limited market” means a market for one of the following types of veterinary medicinal product—
a veterinary medicinal product for the treatment or prevention of diseases that occur infrequently or in limited geographical areas;
a veterinary medicinal product for an animal species other than cattle, sheep for meat production, pigs, chickens, dogs or cats;
“manufacturing authorisation”, except as regards Schedule 7, has the meaning given in paragraph 1 of Schedule 2;
“medicated feedingstuffs” means a feed which is ready to be directly fed to animals without any further processing, consisting of a homogenous mixture of one or more medicinal premixes or intermediate feedingstuff with feed materials or compound feed;
“medicinal premix” means a veterinary medicinal product authorised for incorporation into feedingstuffs;
“metaphylactic purposes”, in relation to the administration of a veterinary medicinal product, means the administration of the veterinary medicinal product to a group of animals after a diagnosis of clinical disease in part of the group has been established, with the aim of treating the clinically sick animals and controlling the spread of the disease to animals in close contact and at risk and which may already be subclinically infected;
“novel therapy” means a veterinary medicinal product which is considered to be in a nascent field in veterinary medicine, including a product of a type not previously authorised, and “novel therapies” is to be construed accordingly;
“person responsible for release” and “PRR” have the meaning given in paragraph 16 of Schedule 2;
“pharmacologically equivalent” means containing an active substance in the same proportions, in the same dosage form and concentration (in the case of a liquid dose) and meeting the same or comparable standards in relation to the clinical needs of a patient at the time of use;
“pharmacovigilance” means the science and activities relating to the detection, assessment, understanding and prevention of suspected adverse events or any other problem related to a medicinal product;
“pharmacovigilance system master file” means a detailed description of the pharmacovigilance system used by the holder of the marketing authorisation in relation to one or more authorised veterinary medicinal products;
“principles of good laboratory practice” has the meaning given in regulation 2(1) of the Good Laboratory Practice Regulations 1999;
“prophylactic purposes”, in relation to the administration of a veterinary medicinal product, means the administration of the veterinary medicinal product to an animal or group of animals before clinical signs of disease in order to prevent the occurrence of disease or infection;
“qualified person (manufacture)”, in relation to a veterinary medicinal product, means a person appointed under paragraph 9 of Schedule 2 with responsibility for that product;
“qualified person (pharmacovigilance)” has the meaning given in paragraph 56(9) of Schedule 1;
“reference veterinary medicinal product” has the meaning given in paragraph 10(1) of Schedule 1;
“serious adverse event” 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;
“signal management process” has the meaning given in paragraph 56C of Schedule 1;
“wholesale dealing” means all activities consisting of procuring, holding, supplying, distributing or exporting veterinary medicinal products whether for profit or not, but does not include retail supply of veterinary medicinal products to the public;
“wholesale qualified person” has the meaning given in paragraph 17(2)(d) of Schedule 3;
“withdrawal period” means the minimum period under normal conditions of use between the last administration of a veterinary medicinal product to an animal and the production of foodstuffs from that animal which is necessary to ensure that such foodstuffs do not contain residues in quantities harmful to public health
;
(ii) in the definition of “immunological veterinary medicinal product”—
(aa) after “a veterinary medicinal product” insert “intended to be”;
(bb) for “animals” substitute “an animal”;
(cc) for “the state” substitute “its state”;
(iii) for the definition of “strength” substitute—
“strength” means the content of active substances in a veterinary medicinal product, expressed quantitatively per dosage unit, per unit of volume or per unit of weight according to the pharmaceutical form;
;
(iv) omit the definitions of “adverse reaction”, “Commission Regulation (EC) No 1234/2008”, “extension variation” and “risk-benefit balance”;
(c) after paragraph (2) insert—
(2A) In these Regulations, a biological veterinary medicinal product is treated as a single product even when more than one solvent is used in the preparation of different preparations of the final product (which may be for administration by different routes or methods).
;
(d) omit paragraph (3).
In regulation 7(2) (prohibition of supply past expiry date) after “veterinary medicinal product” insert “(including a veterinary medicinal product which has been incorporated into a medicated feedingstuff or intermediate feedingstuff)”.
In regulation 10 (advertising)—
(a) for paragraph (1) substitute—
(1) No person may issue an advertisement relating to a relevant substance unless that advertisement—
(a) is set out in such a way that it is clear that the message is an advertisement for the purpose of promoting the supply, sale, prescription, distribution or use of the substance;
(b) encourages responsible use of the substance while presenting its characteristics in an objective manner;
(c) contains no information which—
(i) is misleading;
(ii) is incompatible with the summary of product characteristics in relation to the substance;
(iii) might encourage improper use of the substance; or
(iv) where the relevant substance is a veterinary medicinal product, might suggest that the substance is a feedingstuff or a biocide.
(1A) No person may advertise a veterinary medicinal product, other than a product which is placed on the market in accordance with Schedule 6, unless—
(a) a marketing authorisation has been granted in respect of that product, and
(b) that authorisation is not currently suspended in accordance with paragraph 38 of Schedule 1.
;
(b) at the end insert—
(4) In this regulation, subject to paragraph (5), “relevant substance” means—
(a) a veterinary medicinal product;
(b) a medicinal premix;
(c) an intermediate feedingstuff; or
(d) a compound feed.
(5) In this regulation, coccidiostats and histomonostats are not relevant substances.
.
After regulation 10 insert—
Inducements and hospitality
10A. (1) Subject to paragraphs (2) and (4), where veterinary medicinal products are being promoted to persons qualified to prescribe or supply veterinary medicinal products, no person may supply, offer or promise to any person any gift, pecuniary advantage or benefit in kind unless it is inexpensive and relevant to the practice of veterinary medicine or pharmacy.
(2) The provisions of paragraph (1) do not prevent any person offering hospitality (including the payment of travelling or accommodation expenses) at events for purely professional or scientific purposes to persons qualified to prescribe or supply veterinary medicinal products, provided that—
(a) it is subordinate to the main scientific objective of the event; and
(b) it is offered only to animal health professionals.
(3) Subject to paragraph (4), no person may offer hospitality (including the payment of travelling or accommodation expenses) at a meeting or event held for the promotion of veterinary medicinal products unless—
(a) it is subordinate to the main purpose of the meeting or event, and
(b) the person to whom it is offered is an animal health professional.
(4) Nothing in this regulation affects measures or trade practices relating to prices, margins or discounts which were in existence on the date on which the Veterinary Medicines (Amendment, etc.) Regulations 2024 came into force.
(5) No person qualified to prescribe or supply veterinary medicinal products may solicit or accept any gift, pecuniary advantage, benefit in kind, hospitality or sponsorship prohibited by this regulation.
.
In regulation 11 (advertising of prescription products, etc.)—
(a) in paragraph (4) for “anti-microbials” substitute “antimicrobials”;
(b) at the end insert—
(6) A person advertising a veterinary medicinal product must—
(a) include in that advertisement the statement “prescription decisions are for the person issuing the prescription alone”;
(b) ensure that all factual statements concerning the characteristics of the product in the advertisement are consistent with the summary of product characteristics submitted in respect of the product under Schedule 1, as amended.
.
In regulation 15(3) (exemptions)—
(a) in sub-paragraph (a), for “Part 3” substitute “Part 2”;
(b) in sub-paragraph (b), for “Part 4” substitute “Part 2”;
(c) in sub-paragraph (c)—
(i) omit “equine” in both places it occurs;
(ii) for “horses” substitute “non-food producing animals”;
(iii) for “Part 5” substitute “Part 2”.
In regulation 21 (records by a holder of a manufacturing authorisation)—
(a) for paragraph (1) substitute—
(1) The holder of a manufacturing authorisation must record the following information in respect of any veterinary medicinal product supplied by the holder—
(a) the name of the veterinary medicinal product and marketing authorisation number if applicable;
(b) the pharmaceutical form and strength of the product;
(c) the quantity of product supplied;
(d) the batch number and expiry date;
(e) the date of the transaction under which the product was supplied;
(f) the company name and the permanent address or registered place of business of the recipient of the supply.
;
(b) in paragraph (3) at the end insert “or for one year after the date of expiry of the batch, whichever is the longer.”.
In regulation 22 (records by a holder of a wholesale dealer’s authorisation)—
(a) in paragraph (a) omit “and nature”;
(b) after paragraph (b) insert—
(ba) the pharmaceutical form and strength of the product;
;
(c) in paragraph (c) omit “manufacturer’s”;
(d) for paragraph (f) substitute—
(f) the company name and permanent address or registered place of business of—
(i) in respect of a purchase, the supplier, and
(ii) in respect of a sale, the recipient,
;
(e) for “three years” substitute “five years”.
For regulation 23(1) (records of the receipt or supply of prescription products) substitute—
(1) Any person permitted under these Regulations to supply a veterinary medicinal product classified as POM-V or POM-VPS or prescribed under the cascade who receives or supplies any such veterinary medicinal product must keep all documents relating to the transaction which show—
(a) the date of the transaction under which the product was received or supplied;
(b) the name of the veterinary medicinal product;
(c) the pharmaceutical form and strength of the product;
(d) the batch number;
(e) the quantity of product received or supplied;
(f) the company name and the permanent address or registered place of business of—
(i) in respect of a purchase, the supplier;
(ii) in respect of a sale, the recipient;
(g) if there is a written prescription the name and contact details of the prescriber;
(h) the expiry date.
(1A) Where the duty in paragraph (1) applies in respect of a veterinary medicinal product for a non-food producing animal, the duty in respect of sub-paragraph (d) is satisfied by recording the batch number—
(a) on the date on which the batch is received, or
(b) on the date on which a veterinary medicinal product from the batch is first supplied.
.
After regulation 24 (records of products administered to a food-producing animal under the cascade) insert—
Reporting of sales and usage data in relation to antibiotics
24A. (1) Where the Secretary of State serves a notice in writing on any person mentioned in paragraph (2) requiring that person to provide any information held by that person in relation to sales and usage of antibiotics from any records made for the purposes of these Regulations the person must provide that information.
(2) The persons are—
(a) the holder of a manufacturing authorisation;
(b) the holder of a marketing authorisation;
(c) the holder of a wholesale dealer’s authorisation;
(d) a keeper of food-producing animals;
(e) a feedingstuffs manufacturer;
(f) a veterinary surgeon.
.
In regulation 25 (importation of an unauthorised veterinary medicinal product) after paragraph (6) insert—
(6A) A pharmacist may supply a product to which paragraph (6) applies to a veterinary surgeon for the purposes mentioned in that paragraph notwithstanding paragraph 2(1) of Schedule 3.
.
In regulation 30 (appeals to an appointed person)—
(a) in paragraph (1), after “regulation 29” insert “or a body aggrieved by a decision to suspend or revoke its recognition under paragraph 14(1) of Schedule 3”;
(b) in paragraph (2)—
(i) after sub-paragraph (a) insert—
(aa) a variation to a manufacturing authorisation;
;
(ii) in sub-paragraph (f), for “an equine stem cell centre” substitute “a stem cell centre”;
(iii) after sub-paragraph (g) insert—
(ga) registration in relation to active substances
;
(iv) in sub-paragraph (h), for “approval” substitute “authorisation”;
(c) in paragraph (3)—
(i) for “, appointment or approvals” substitute “or appointments”;
(ii) after “suspension” insert “, revocation”.
In regulation 31 (exports)—
(a) in paragraph (2), for “to that effect” substitute—
that (as the case may be)—
(a) the manufacturer holds a manufacturing authorisation;
(b) the manufacturer holds a certificate of good manufacturing practice; or
(c) the product has been marketed under a marketing authorisation
;
(b) in paragraph (3), for the words from “the model certificates” to the end substitute “any relevant administrative arrangements in relation to the form and content of such certificates which are in existence between the United Kingdom and the country to which the product is to be exported”.
In regulation 35 (powers of an inspector)—
(a) in paragraph (1)—
(i) after sub-paragraph (c) insert—
(ca) purchase prescription only veterinary medicines for the purpose of carrying out tests;
(cb) verify the destruction of a controlled drug listed in Schedule 2, 3 or 4 of the Misuse of Drugs Regulations 2001;
;
(ii) in sub-paragraph (f) for “premixture” substitute “intermediate feedingstuff”;
(iii) in sub-paragraph (g) for “premixture” substitute “intermediate feedingstuff”;
(b) for paragraph (2) substitute—
(2) The inspector may seize and retain an item appearing to the inspector to be an item mentioned in paragraph (1)(d) to (g) if the inspector reasonably believes that an offence under these Regulations is being or has been committed in relation to, or by means of, that item
.
In regulation 38 (improvement notices), after paragraph (1) insert—
(1A) If the inspector considers that the matters constituting a person’s perceived failure to comply involve risks to animal or human health or of damage to the environment which are so serious that, until steps have been taken to reduce or remove that failure, one or more activity carried on by the person ought to be prohibited or restricted, the improvement notice must state—
(a) the activity which is to be prohibited or restricted;
(b) the reasons why such prohibition or restriction is considered appropriate;
(c) the time and date at which the prohibition or restriction is to take effect (which may be immediately after the notice is served);
(d) that the person must not carry out the activity in breach of the prohibition or restriction until—
(i) that person has provided evidence to the inspector that measures have been undertaken to secure compliance, and
(ii) the inspector has confirmed to that person that the notice is revoked.
(1B) Where the person on whom an improvement notice to which paragraph (1A) applies has been served provides evidence to the inspector that the measures specified in the notice (or measures at least equivalent to them) have been undertaken to secure compliance, and the inspector is satisfied that the measures have been satisfactorily performed, the inspector must revoke the notice and inform the person of this.
.
In regulation 41(seizure notices)—
(a) in paragraph (2) for “product”, in both places it occurs, substitute “item”;
(b) in paragraph (3) for “products”, in each place it occurs, substitute “items”;
(c) in paragraph (4) for “product”, in both places it occurs, substitute “item”;
(d) in paragraph (5) for “product” substitute “item”;
(e) in paragraph (6)—
(i) for “veterinary medicinal product” substitute “item”;
(ii) for “product”, in both places it occurs, substitute “item”;
(f) in paragraph (9) for “product” substitute “item”.
In regulation 43 (offences)—
(a) in paragraph (f) for “(1)” substitute “(1), (1A)”;
(b) after paragraph (f) insert—
(fa) regulation 10A(1), (3) or (5);
;
(c) in paragraph (g) at the end insert “or (4) or (6)”;
(d) after paragraph (p) insert—
(pa) regulation 24A(1)
.
In regulation 44 (penalties)—
(a) in paragraph (1), at the beginning insert “As regards England and Wales,”;
(b) after paragraph (1) insert—
(1A) As regards Scotland, a person guilty of an offence under these Regulations is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 12 months or both, or
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
.
In regulation 46 (review)—
(a) omit paragraphs (2) and (3);
(b) in paragraph (5), for “beginning with the day on which these Regulations come into force” substitute “ending on 31st December 2028”.
For paragraph 2 (information with the application) substitute—
Information with the application: general
2. (1) An application must include the matters mentioned in sub-paragraph (2) and—
(a) where the veterinary medicinal product is an antimicrobial, the matters mentioned in sub-paragraph (4);
(b) subject to sub-paragraph (6), where the product is to be administered to a food-producing animal and is a product containing pharmacologically active substances that are not permitted under Regulation (EC) No 470/2009 of the European Parliament and of the Council, the matter mentioned in sub-paragraph (5);
(c) where the product contains or consists of genetically modified organisms, the matters mentioned in sub-paragraph (7).
(2) For the purposes of sub-paragraph (1) the matters are—
(a) the name of the person who will hold the marketing authorisation and that person’s address or registered place of business;
(b) the name and the address or registered place of business of—
(i) the manufacturer of the finished product;
(ii) any importer of the finished product;
(iii) the manufacturer of any active substances involved at each stage of the manufacture;
(c) the name and address of the sites where—
(i) each stage of the manufacture is carried out;
(ii) any imported products are held; or
(iii) any control or batch release is carried out;
(d) the nature of the marketing authorisation being applied for, and the provisions in Part 2 of Schedule 1 which are relevant to the application;
(e) in relation to the veterinary medicinal product—
(i) the name and the ATCvet code;
(ii) a description of the active substances within the product and, if applicable, a description of any diluent;
(iii) the strength of the product, or, in the case of an immunological veterinary medicinal product or a biological veterinary medicinal product that is not immunological, the biological activity, potency or titre;
(iv) the pharmaceutical form of the product;
(v) the route of administration;
(vi) a description of the target species;
(f) a document showing that the manufacturer is authorised to produce veterinary medicinal products or a certificate of good manufacturing practice issued by the Secretary of State or equivalent certification issued by an authority recognised by the Secretary of State for that purpose, together with a description of the manufacturing process for the active substances and finished product which falls within scope of that authorisation or certificate;
(g) the reference number and a summary of the pharmacovigilance system master file in relation to the product and, where appropriate, the risk management plan that the applicant will put in place;
(h) the proposed summary of product characteristics;
(i) a description of the final presentation, the packaging and labelling of the product;
(j) the proposed text of the information to be included on the immediate packaging, the outer packaging and the information leaflet accompanying the product;
(k) details of any country where—
(i) a marketing authorisation has been granted or revoked in relation to the product;
(ii) a marketing authorisation has been submitted or refused;
(l) a summary of product characteristics included in the terms of any marketing authorisation granted by another country;
(m) technical documentation demonstrating the quality, safety and efficacy of the product;
(n) a report (a “critical expert report”) on the quality, safety and efficacy of the product.
(3) For the purposes of sub-paragraph (2)(n), each critical expert report must—
(a) be prepared with regard to the state of scientific knowledge at the time of the application;
(b) include an evaluation of each test and trial referred to in the application, addressing all aspects relevant to quality, safety and efficacy, with detailed results and precise bibliographic references (including copies of the referenced material);
(c) where technical documentation within sub-paragraph (2)(m) is referenced, include precise cross-references;
(d) be signed and dated by the author, and include details of the author’s educational background, training and occupational experience, and the author’s professional relationship with the applicant.
(4) For the purposes of sub-paragraph (1)(a), the matters are—
(a) information on the direct or indirect risks to public or animal health or to the environment arising from use of the antimicrobial product in animals;
(b) information about the methods of mitigating the development of antimicrobial resistance as a result of the use of the product.
(5) For the purposes of sub-paragraph (1)(b), the matter is a document certifying that a valid application for the establishment of maximum residue levels has been submitted to the Secretary of State.
(6) Sub-paragraph (1)(b) does not apply in respect of a veterinary medicinal product which—
(a) is for administration to a horse that has been declared on its horse passport as not intended for slaughter for human consumption, and
(b) includes an active substance that has been classified under Article 14 of Regulation (EC) No 470/2009 of the European Parliament and of the Council as prohibited for use in food-producing animals.
(7) For the purposes of sub-paragraph (1)(c) the matters are—
(a) a copy of the written consent to the deliberate release into the environment of the genetically modified organisms for research and development purposes issued under the GMO Deliberate Release Regulations;
(b) the complete technical file containing the information provided in respect of the application for that consent under the GMO Deliberate Release Regulations;
(c) the environmental risk assessment provided in respect of the application for that consent under the GMO Deliberate Release Regulations;
(d) the results of any investigations performed for the purposes of research or development.
(8) In assembling the application for an authorisation under this Schedule, the applicant must—
(a) take into account the most up-to-date veterinary medicinal knowledge and scientific guidelines relating to the quality, safety and efficacy of veterinary medicinal products (including relevant monographs of the European Pharmacopoeia and British Pharmacopoeia);
(b) include in the application all information which is relevant to the evaluation of the veterinary medicinal product to which it relates, whether favourable or unfavourable to the product (including information relating to any incomplete or abandoned study or trial);
(c) ensure that the application supports, by reference to specific studies and trials, each claim made by the applicant with regard to the properties, effects and uses of the veterinary medicinal product to which it relates;
(d) otherwise ensure the accuracy of the information in the application.
(9) For the purposes of sub-paragraph (8)(c), pharmacological, toxicological, residue and pre-clinical studies and clinical trials must be carried out in conformity with the principles of good laboratory practice, where applicable.
Information with the application: format
2A. (1) An application must be submitted electronically.
(2) Subject to sub-paragraph (3), the application must be structured as a single dossier in four parts—
(a) Part 1 (administrative information);
(b) Part 2 (pharmaceutical quality (physicochemical, biological or microbiological) data);
(c) Part 3 (safety documentation, including safety and residue tests);
(d) Part 4 (efficacy documentation, including pre-clinical studies and clinical trials).
(3) An application concerning the release of GMOs must set out the environmental risk assessment in respect of that release as a separate document, and that assessment must be presented in accordance with the following provision of the GMO Deliberate Release Regulations—
(a) as regards England or Scotland, regulation 6;
(b) as regards Wales, regulation 7.
Information with the application: animal testing
2B. (1) Where information to be included in an application under paragraph 2(8) includes information concerning experiments on animals, this paragraph applies in respect of that information.
(2) The application must state whether the information was obtained from an experiment conducted in accordance with the requirements in sub-paragraph (4).
(3) The Secretary of State must, in assessing the application, disregard any information to which this paragraph applies which was not obtained from an experiment conducted in accordance with the requirements in sub-paragraph (4).
(4) The requirements are—
(a) the experiment was conducted in accordance with a detailed written protocol prepared in advance;
(b) the experiment was designed to use the minimum number of animals and cause the least pain, suffering or lasting harm, and there was no satisfactory alternative in vitro test available to be used which would have reduced these impacts;
(c) informed consent to the experiment and its consequences (including as regards disposal of treated animals and the taking of produce from treated animals) was obtained in writing from the owner of the animal before the animal was first treated under the experiment;
(d) the welfare of the animals was subject to veterinary supervision throughout the experiment.
Information with the application: POM-VPS, NFA-VPS and AVM-GSL
2C. (1) Where an applicant proposes, under paragraph 2(2)(d), that a marketing authorisation be granted on the basis that the veterinary medicinal product is classified as POM-VPS, NFA-VPS or AVM-GSL, the requirements in this paragraph apply.
(2) The application must include a document which sets out a detailed justification for the suitability of such classification, having regard to—
(a) animal safety (both as regards treated animals and other animals);
(b) public health; and
(c) environmental safety.
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For paragraph 3 (summary of product characteristics) substitute—
Summary of product characteristics
3. (1) Subject to sub-paragraph (2), the summary of product characteristics required under paragraph 2(2)(h) must include the following information in the order indicated below—
1. | Name of the veterinary medicinal product, followed by its strength and pharmaceutical form.
2. | Qualitative and quantitative composition of the active substances and qualitative composition of excipients and other constituents stating their common name or their chemical description and their quantitative composition, if that information is essential for proper administration of the veterinary medicinal product.
3. | Clinical information as regards—
3.1 | target species;
3.2 | indications for use for each target species;
3.3 | contra-indications;
3.4 | special warnings;
3.5 | special precautions for use, including in particular special precautions for safe use in the target species, special precautions to be taken by the person administering the veterinary medicinal product to the animals and special precautions for the protection of the environment;
3.6 | frequency and seriousness of adverse events;
3.7 | use during pregnancy, lactation or lay;
3.8 | interaction with other medicinal products and other forms of interaction;
3.9 | administration route and dosage;
3.10 | symptoms of overdose and, where applicable, emergency procedures and antidotes in the event of overdose;
3.11 | special restrictions for use;
3.12 | special conditions for use, including restrictions on the use of antimicrobial and antiparasitic veterinary medicinal products in order to limit the risk of development of resistance;
3.13 | if applicable, withdrawal periods, even if such periods are zero.
4. | Pharmacological information as regards—
4.1 | the ATCvet Code;
4.2 | pharmacodynamics;
4.3 | pharmacokinetics.
5. | Pharmaceutical particulars as regards—
5.1 | major incompatibilities;
5.2 | shelf-life, where applicable after reconstitution of the medicinal product or after the immediate packaging has been opened for the first time;
5.3 | special precautions for storage;
5.4 | nature and composition of immediate packaging;
5.5 | requirement to use take-back schemes for veterinary medicinal products for the disposal of unused veterinary medicinal products or waste materials derived from the use of such products and, if appropriate, additional precautions regarding hazardous waste disposal of unused veterinary medicinal products or waste materials derived from the use of such products.
6. | Name of the holder of the marketing authorisation.
7. | Marketing authorisation number or numbers.
8. | Date of the first marketing authorisation.
9. | Date of the last revision of the summary of product characteristics.
10. | If applicable, the statement—
10.1 | “marketing authorisation granted for a limited market and therefore assessment based on customised requirements for documentation”; or
10.2 | “marketing authorisation in exceptional circumstances and therefore assessment based on customised requirements for documentation”.
11. | Information on the take-back schemes referred to in point 5.5 applicable to the veterinary medicinal product concerned.
12. | Classification of the veterinary medicinal product.
(2) In the case of an immunological veterinary medicinal product or a biological veterinary medicinal product that is not immunological, in place of the information at points 4, 4.1, 4.2 and 4.3, the summary of product characteristics must include immunological information.
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In paragraph 7 (bibliographic application)—
(a) in sub-paragraph (1), for the words from “if the active” to the end substitute “if the applicant demonstrates that the active substances of the veterinary medicinal product have been in well-established veterinary use for at least 10 years, that their efficacy is documented and that they provide an acceptable level of safety”;
(b) after sub-paragraph (1) insert—
(1A) Sub-paragraph (1) does not apply to applications for—
(a) biological (including immunological) veterinary medicinal products;
(b) novel therapies.
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In paragraph 8 (application for a product using a new combination of active substances)—
(a) renumber the existing text as sub-paragraph (1);
(b) after that text insert—
(2) Notwithstanding sub-paragraph (1) the applicant must provide a sound scientific justification based on valid therapeutic principles for the combination of active substances, including clinical data, which demonstrates the need for and contribution of all active substances at the moment of treatment.
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In paragraph 10 (application for a pharmacologically equivalent medicinal product)—
(a) in sub-paragraph (1)—
(i) at the beginning insert “Subject to sub-paragraphs (2A), (9) and (10) and paragraph 10A,”;
(ii) for “pharmacologically equivalent to a” substitute “a generic of a”;
(iii) at the end add “(“the reference veterinary medicinal product”), provided that the applicant provides data demonstrating the matters referred to in sub-paragraph (2)”;
(b) in sub-paragraph (2)—
(i) for “pharmacologically equivalent to” substitute “a generic of”;
(ii) in paragraph (b) after “pharmaceutical form” insert “as the reference product”;
(iii) for paragraph (c) substitute—
(c) bioequivalence with the reference product has been demonstrated
;
(c) after sub-paragraph (2) insert—
(2A) Sub-paragraph (1) does not apply to applications for biological (including immunological) veterinary medicinal products.
;
(d) in sub-paragraph (5) after “Agency” insert “or the Secretary of State”;
(e) omit sub-paragraph (6);
(f) after sub-paragraph (6) insert—
(7) For the purposes of these Regulations, subject to sub-paragraph (8), the summary of product characteristics of a generic veterinary medicinal product must be essentially similar to the summary of product characteristics for the reference product.
(8) The requirement in sub-paragraph (7) does not apply in relation to those parts of the summary of product characteristics of the reference product that refer to indications or pharmaceutical forms which are covered by patents at the time when the generic veterinary medicinal product is authorised.
(9) Notwithstanding sub-paragraph (1), in respect of generic veterinary medicinal products intended to be administered by intramuscular, subcutaneous or transdermal routes, the applicant must provide—
(a) administration site target animal tolerance data;
(b) in respect of products intended for administration to food-producing species only, residues depletion data from the site of administration.
(10) Notwithstanding sub-paragraph (1), in respect of generic veterinary medicinal products containing antimicrobial or antiparasitic substances, the applicant must provide all available data (including published data) on the current level of resistance, together with a review of that data as it relates to target pathogens to the active substances concerned.
(11) An applicant must provide an environmental risk assessment for a generic veterinary medicinal product where—
(a) the marketing authorisation for the reference veterinary medicinal product was granted before 1st October 2005, and
(b) no marketing authorisation has been granted since 1st October 2005 in respect of a veterinary medicinal product which has the same active substance and pharmaceutical form as the reference veterinary medicinal product, and which is indicated for use in the same target species when administered at the same or a higher total dose,
unless the Secretary of State holds an environmental risk assessment for the reference veterinary medicinal product and has confirmed this to the applicant.
;
(g) in the heading for “pharmacologically equivalent” substitute “generic veterinary”.
After paragraph 10 insert—
Hybrid veterinary medicinal products
10A. An applicant for a marketing authorisation must provide the results of relevant pre-clinical studies or clinical trials where—
(a) bioavailability studies are not capable of demonstrating bioequivalence between the veterinary medicinal product for which the authorisation is sought and a reference veterinary medicinal product for the purposes of paragraph 10; or
(b) the veterinary medicinal product for which the authorisation is sought is not pharmacologically equivalent to a reference veterinary medicinal product for the purposes of paragraph 10 as a result of a difference in relation to—
(i) the active substance or substances contained in the product;
(ii) the strength of the product;
(iii) the indications for use of the product;
(iv) the pharmaceutical form of the product;
(v) the route of administration of the product;
(vi) the withdrawal period for the product.
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In paragraph 11 (time limits for marketing authorisations – pharmacologically equivalent products)—
(a) in sub-paragraph (1) for “pharmacologically equivalent” substitute “generic veterinary medicinal”;
(b) for sub-paragraph (3) substitute—
(3) The product may not be placed on the market until the end of the longest of the following periods which is relevant—
(a) subject to sub-paragraph (3A), 10 years in the case of a veterinary medicinal product authorised for major species;
(b) 18 years in the case of a veterinary medicinal product authorised for bees; and
(c) 14 years for a veterinary medicinal product authorised for all other species.
(3A) Where the product—
(a) is intended for administration to a major species; and
(b) contains an active substance which is an antimicrobial which has not been an active substance in a veterinary medicinal product previously subject to a marketing authorisation in Great Britain,
the period mentioned in sub-paragraph (3)(a) is 14 years.
(3B) Where a patent in relation to a reference product has lapsed, the summary of product characteristics of the relevant generic product must be updated in order to include the protected information.
(3C) Where, as a result of a variation to an existing marketing authorisation a product is accorded a new marketing authorisation number any relevant protection period applies in relation to that product.
(3D) In this regulation “major species” means cattle, sheep (for meat production), pigs, chickens, dogs and cats.
;
(c) in the heading for “pharmacologically equivalent” substitute “generic veterinary medicinal”.
In paragraph 12 (extension of time limits)—
(a) omit sub-paragraph (1);
(b) for sub-paragraph (2) substitute—
(2) Subject to sub-paragraph (2B), if a person submits an application for a marketing authorisation or for a variation to a marketing authorisation for a product, and within five years of the original marketing authorisation being granted, the marketing authorisation is extended to include an additional major species or a new antimicrobial product, the relevant protection period is extended by one year for each additional major species added to the marketing authorisation.
(2A) Subject to sub-paragraph (2B), if a person submits an application for a marketing authorisation mentioned in sub-paragraph (2) and the marketing authorisation is extended to include an additional minor species, the relevant protection period is extended by four years.
(2B) Sub-paragraphs (2) and (2A) do not apply where the application to extend the marketing authorisation is made fewer than three years before the expiration of the protection period.
;
(c) in sub-paragraph (3) for “13” substitute “18”;
(d) omit sub-paragraph (4).
After paragraph 12 insert—
Time limits – supplementary
12A. (1) Subject to sub-paragraph (3), a study, residue test or pre-clinical study in relation to the establishment of residue limits submitted by an applicant in relation to an application for a marketing authorisation or a variation of a marketing authorisation may not be used for any other such application or variation until the period of five years from that submission has elapsed.
(2) Subject to sub-paragraph (3), a study, residue test or preclinical study submitted by an applicant for a marketing authorisation or a variation in a marketing authorisation which demonstrates a reduction in antimicrobial resistance in relation to a reference product may not be used for any other such application until a period of four years in addition to the relevant protection period has elapsed.
(3) Sub-paragraphs (1) and (2) do not apply where an applicant has obtained a written authorisation to access a study, residue test or pre-clinical study mentioned in the relevant sub-paragraph.
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