Pharmacists, Pharmacy Operations and Drug Scheduling Act

VETERINARY DRUG AND MEDICATED FEED REGULATION

[includes amendments up to B C. Reg. 369/96]

Interpretation

1 In this regulation:

"licensee" means a person who holds a licence issued under this regulation;

"minister" means the Minister of Agriculture, Fisheries and Food;

"Provincial veterinarian" means the Provincial veterinarian appointed under the Livestock Disease Control Act;

"registered veterinarian" means a person registered under the Veterinarians Act or an inspector under the Livestock Disease Control Act;

"registered poultry hatchery" means a hatchery permitted under the Livestock and Livestock Products Act (Canada).

[am. B.C. Reg. 431/95, s. 1.]

Licences to sell

2 (1) Subject to the Pharmacists, Pharmacy Operations and Drug Scheduling Act and this regulation, the minister may issue licences of each class set out in Column 1, upon application and payment of the fee in Column 2 for each class.

(2) An application for a licence under subsection (1) must be in the form provided by and forwarded to

Provincial Veterinarian
Abbotsford Agricultural Centre
1767 Angus Campbell Road
Abbotsford, B.C., V3G 2M3.

(3) Unless sooner terminated in accordance with this regulation,

(a) a limited medicated feed licence, medicated feed licence, or veterinary drug licence expires on March 31 next following the date of issue, and

(b) a veterinary drug dispenser licence expires on March 31 five years after the date of issue.

(4) A licence is not transferable and where a change is made in the ownership of a business licensed under this regulation, the licensee

(a) shall notify the Provincial veterinarian of the change and return the licence to him, and

(b) is not entitled to receive any refund on the licence fee in respect of the unexpired term of the licence.

[am. B.C. Regs. 232/83; 459/87; 19/90; 257/93, ss. 1, 2; 431/95, ss. 2, 3.]

Limited medicated feed licence

3 A limited medicated feed licence authorizes the licensee to sell medicated feed, subject to this regulation, but not to manufacture it.

Medicated feed licence

4 Subject to this regulation and to the Feeds Act (Canada) and the regulations under that Act, a medicated feed licence authorizes the licensee,

(a) without the order of a registered veterinarian, to manufacture and sell medicated feeds containing veterinary drugs listed in Table 1 of Schedule A in strengths not exceeding those authorized under the Feeds Act (Canada), and

(b) only upon the written order of a registered veterinarian, to manufacture and sell medicated feeds containing

(i) veterinary drugs listed in Table 1 of Schedule A in strengths exceeding those authorized under the Feeds Act (Canada), or

(ii) veterinary drugs not listed in Table 1 of Schedule A.

Veterinary drug licence

5 (1) A veterinary drug licence authorizes the licensee to sell veterinary drugs listed in Table 2 of Schedule A that are specified on the licence.

(2) A veterinary drug licence may only be issued to

(a) the holder of a limited medicated feed licence or a medicated feed licence,

(b) the operator of a registered poultry hatchery,

(c) a person in an area where professional veterinary advice or pharmaceutical service is not available, or

(d) a person the minister considers appropriate, upon the advice of the Advisory Committee on Veterinary Drugs.

Veterinary drug dispenser

6 (1) A medicated feed licensee shall have a veterinary drug dispenser on the premises when medicated feeds are being manufactured.

(2) A veterinary drug licensee shall have a veterinary drug dispenser present on the premises when those premises are open for business.

(3) A licensee shall notify the Provincial veterinarian, in writing, within 72 hours

(a) of ceasing to have a veterinary drug dispenser present on the premises as required by subsections (1) and (2), or

(b) of having a different or additional veterinary drug dispenser on his premises for the purpose of subsections (1) and (2),

giving the name and licence number of the veterinary drug dispenser.

Cancellation of licences

7 The minister may cancel a licence where the person to whom it was issued

(a) made a false statement in his application for licence,

(b) made a false statement in the register of purchases or the record of purchases and sale, or

(c) has contravened

(i) this regulation,

(ii) the Pharmacists, Pharmacy Operations and Drug Scheduling Act, or

(iii) the Veterinarians Act.

[am. B.C. Reg. 431/95, s. 2.]

Veterinary drugs

8 (1) A licensee shall maintain a permanent place of business and he shall keep and sell veterinary drugs only at that place of business.

(2) A licensee shall ensure that there is no public access to the area of the place of business, the cabinet, the refrigerator or other storage space where antibiotics or chemotherapeutics listed in Table 2 of Schedule A are stored and kept for sale.

(3) No person shall store, distribute or mix a veterinary drug except under the personal supervision of a licensed veterinary drug dispenser.

Storage where refrigeration unnecessary

9 A licensee who keeps veterinary drugs for sale shall store any drugs he keeps that do not require refrigeration in a clean, sanitary cabinet or other storage space which prevents the drug from coming in contact with any food for human or animal use, or any drug or medicine for human use.

Storage where refrigeration necessary

10 (1) A licensee who keeps veterinary drugs for sale shall store any drugs he keeps that require refrigeration in a separate, clean and sanitary refrigerator at the temperature recommended by the manufacturer of the drugs.

(2) A licensee shall ensure that a refrigerator in which he keeps veterinary drugs does not contain any food for human or animal use, or any drug or medicine for human use.

Manufacturer's packaging and labelling

11 A holder of a veterinary drug licence shall sell veterinary drugs only as packaged and labelled by the manufacturer.

[am. B.C. Reg. 460/87, s. (a).]

Duties of licensed dispenser

12 Every licensed dispenser shall

(a) draw the purchaser's attention to toxicity warnings and precautions to be taken, following the use of any veterinary drug, with respect to animal and poultry products intended for human consumption, and

(b) immediately after the expiration date appearing on any container or package containing a veterinary drug, make a diagonal red mark across the label of the container or package, and shall keep such drugs separate from his other stock until they are destroyed or returned to the manufacturer.

Prohibitions

13 No licensed dispenser shall

(a) repackage a veterinary drug,

(b) give away, barter or sell a veterinary drug as an inducement to purchase other merchandise,

(c) sell a veterinary drug after the expiration date appearing on the container or package containing the drug,

(d) sell a veterinary drug other than a veterinary drug listed on the licence held by a licensee, or

(e) refuse a request to provide a receipt to any person who purchases a veterinary drug from him.

[am. B.C. Reg. 460/87, s. (b).]

Exemptions

14 This regulation does not apply to a sale by a manufacturer, wholesaler or agent of a manufacturer or wholesaler to

(a) a pharmacist or a registered veterinarian,

(b) another manufacturer or wholesaler or his agent,

(c) a person licensed under this regulation to sell specified drugs, where the drugs sold to that person are among those specified on his licence, or

(d) officials of governments and universities engaged in research and testing, and who provide services involving the use and application of veterinary drugs.

Sales

15 No manufacturer, wholesaler or agent of a manufacturer or wholesaler shall sell to a licensee a veterinary drug that is not listed in Table 1 or 2 of Schedule A.

Certain sales prohibited

16 Subject to section 14, no manufacturer, wholesaler or agent of a manufacturer or wholesaler shall sell any veterinary drug to a person who is not licensed under this regulation.

Record of purchases and sales

17 (1) A holder of a medicated feed licence who mixes medicated feeds or a holder of a veterinary drug licence shall keep a veterinary drug purchase register, supplied by the minister, of all purchases of veterinary drugs made by him and shall honestly, fully and legibly record in the register, in order of date, all purchases of veterinary drugs showing the date of purchases, name of supplier, quantity purchased, the generic name, trade name and name of manufacturer of the drugs.

(2) A holder of both a veterinary drug licence and medicated feed licence shall keep separate veterinary drug purchase registers for the drugs listed in Table 1 and Table 2 of Schedule A.

(3) A holder of a limited medicated feed licence shall keep a register, supplied by the minister, of all purchases of medicated feed that have been imported for sale from another province or from another country.

Record keeping and reporting

18 (1) A licensee shall forward the original copy of his veterinary drug purchase register to the Provincial veterinarian before February 28 each year to cover all of the licensee's purchases for the previous calendar year.

(2) A licensee shall keep copies of his purchase invoices and purchase register for 24 months.

(3) Where a licensee does not comply with this section, the minister may suspend his licence or refuse to renew his licence for the next fiscal year or portion of it.

Further requirement

19 Where veterinary drugs are mixed in medicated feeds on the written order of a registered veterinarian, the licensee shall retain the written order and forward it with the original copy of the veterinary drug purchase register as required under section 18 (1).

Licensees may be required to maintain a drug sales record

20 (1) The Provincial veterinarian may, for just cause, require any licensee to maintain a veterinary drug sales record, supplied by the minister, of all sales made by the licensee.

(2) A licensee who is required under subsection (1) to maintain a veterinary drug sales record shall

(a) honestly and legibly record in the register, in order of date, all sales of veterinary drugs, the name, form and strength of the veterinary drug sold, and the name and address of the purchaser, and

(b) ensure that the signature of the person actually selling the drug is affixed at the time of sale.

Transportation

21 (1) No person shall transport within the Province, or cause to be transported within the Province, any veterinary drug except for delivery to

(a) a veterinary drug licensee or medicated feed licensee under this regulation,

(b) a pharmacist,

(c) a registered veterinarian,

(d) a manufacturer, wholesaler or an agent of a manufacturer or wholesaler, or

(e) officials of governments and universities

but a person who purchases veterinary drugs from a person referred to in paragraphs (a) to (c) may transport the drugs or have them delivered to the place where he requires them.

(2) No licensee other than the operator of a registered poultry hatchery shall deliver any veterinary drugs.

Safe transport of veterinary drugs

22 A person who transports veterinary drugs shall do so in a manner that

(a) will prevent the containers of these drugs from coming in contact with human or animal food or other products that might be contaminated by contact, and

(b) will maintain the original potency or efficacy of the drugs.

Veterinary drug dispensers

23 (1) The Provincial veterinarian may issue a veterinary drug dispenser licence to a person who qualifies under this section.

(2) No person under the age of 18 years shall apply for or be issued a licence as a veterinary drug dispenser.

(3) No person shall be issued a licence as a veterinary drug dispenser unless he passes an examination set by the Provincial veterinarian respecting the properties, use and abuse of veterinary drugs and related information.

(4) A person who is not successful in passing the examination may, on written request, write an additional examination not sooner than 14 days after the date of the previous examination but may not write the examination more than twice within any 6 month period.

(5) The Provincial veterinarian may require an applicant for a licence as a veterinary drug dispenser to attend a course of instruction on medicated feeds and veterinary drugs at a time and place the Provincial veterinarian designates.

[am. B.C. Reg. 257/93, s. 3.]

Further examinations

24 (1) The Provincial veterinarian may require a veterinary drug dispenser to undergo a further examination at any time as to his competency respecting the properties, use and abuse of veterinary drugs and related information.

(2) The Provincial veterinarian may cancel the veterinary drug dispenser licence of any person who fails to pass an examination required under subsection (1).

Offence

25 (1) A person who contravenes section 6 (1) and (2), 8, 9 to 11, 13, 15, 16, 21 or 22 commits an offence.

(2) No proceeding, conviction or penalty for an offence under subsection (1) relieves any person from any other liability.

Schedule A

Table 1 — Veterinary Drug Additives for Medicated Feed

[am. B.C. Reg. 230/84; 257/93, s. 4.]

Table 2 — Veterinary Drugs Which Can be Sold
by Holders of Veterinary Drug Licences

[en. B.C. Reg. 399/35; am. B C. Regs. 460/37, s. (c); 257/93, s. 5; 431/95, ss. 4 to 9; 369/96.]

*Biologicals
(Must be refrigerated until used. Live and modified live vaccines may not be sold, except poultry vaccines if specifically permitted under licence.)
Actinobacillis (Hemophilus) bacterin
Aeromonas salmonicida bacterin
Avian encephalomyelitis vaccine
Atrophic rhinitis bacterin
Bovine respiratory syncytial virus vaccine
Bovine virus diarrhea vaccine
Campylobacter (Vibrio) bacterin
Clostridial bacterins and toxoids
Coronavirus vaccine
Corynebacterium bacterins
Dichelobactor nodosus (sheep footrot) bacterin
E. coli bacterin
Erysipelas bacterins
Haemophilus somnus bacterin
Infectious bovine rhinotracheitis vaccine
Infectious bronchitis vaccine
Infectious bursal disease vaccine
Infectious laryngotracheitis vaccine
Klebsiella bacterin
Leptospira bacterin
Marek's disease vaccine
Mink botulism toxoid
Mink distemper vaccine
Mink virus enteritis vaccine
Mycoplasma gallisepticum bacterin
Mycoplasma hyopneumoniae (Enzootic pneumonia of pigs) bacterin
Newcastle disease vaccine
Parainfluenza vaccine
Parvovirus vaccine for swine only
Pasteurella bacterin
Rotavirus vaccine
Salmonella bacterin
Staphylococcus bacterin
Streptococcus bacterin
Streptococcus equi bacterin
Tetanus antitoxin
Trichomonas bacterin
Vibrio anguillarum bacterin
Vibrio ordalli bacterin
Vibrio salmonicida bacterin
Viral arthritis vaccine
Yersinia ruckeri bacterin
or any combination of the listed biologicals

*Antibiotics:
(single or combinations thereof)
Bacitracin — for topical use only)
Dihydrostreptomycin
Erythromycin
Fumagillin
Lincomycin Hydrochloride (for oral use only)
Neomycin
Novobiocin — (For intramammary use only)
Penicillin
Polymyxin B
Streptomycin
Tetracyclines
Tyrothricin — (for topical use only)

*Chemotherapeutics
(single or combinations thereof)
Amprolium
Benzimidazole preparations
Carbadox
2,4-diamino-5-(p-chlorophenyl)-6-ethylpyrimidine
Dichlorvos anthelminitics
1,2-dimethyl-5-nitroimidazole (dimetridazole)
Epinephrine
Febantel
Ivermectin
Morantel tartrate
Nithiazide
3-nitro-4-hydroxyphenylarsonic Acid (Max strength of Tablet 3.5%)
Nitrofurans and their analogues (for horses only)
O,O-dimethyl o-p-(dimethylsulfamoyl)
phenyl phosphorothioate. (Famphur)
Phenothiazine
Piperazine salts
Pyrantel
Sulphadiazine
Sulphamerazine
Sulphamethazine
Sulphanilamide
Sulphaquinoxaline
Sulphathiazole
dl-tetramisole or its isomers
Trichlorfon — (as a paste wormer only)

Injectable Vitamin and Mineral Preparations

Miscellaneous Veterinary Drugs:
(singly or in combination products)
Barium chloride
Chlorhexidine
Copper salts
Iodine and preparations thereof
Propylene glycol
Silicones
Sodium propionate
Surfactant veterinary drugs used for the prevention and treatment of bloat in ruminants
Tartar emetic
*Zeranol
*Estradiol benzoate — (for growth promotion use only)
Pregelatinized starch — (as a demulcent only)
*Progesterone — (for growth promotion use only)
*Testosterone propionate — (for growth promotion use only)

PLEASE NOTE: ALL THE ABOVE MUST BE SOLD IN THE ORIGINAL UNOPENED CONTAINER

*NO PUBLIC ACCESS REQUIREMENT APPLIES

Schedule B

Repealed. [B.C. Reg. 257/93, s. 6.]

[Provisions of the Pharmacists, Pharmacy Operations & Drug Scheduling Act, R.S.B.C. 1996, c. 363, relevant to the enactment of this regulation: section 71]

Copyright (c) 2004: Queen's Printer, Victoria, British Columbia, Canada