No. 41/1956:

ANIMAL REMEDIES ACT, 1956

ARRANGEMENT OF SECTIONS

1 Commencement.

2 Interpretation.

3 Animals to which this Act applies.

4 Animal Remedies Consultative Committee.

5 Disclosure of composition of animal remedies.

6 Prohibition of false or misleading particulars.

7 Regulations as to animal remedies.

8 Fees on licences.

9 Inspection by authorised officers.

10 Offences.

11 Laying of regulations before Houses of the Oireachtas.

12 Fees.

13 Expenses.

14 Short title.

AN ACT TO REGULATE THE IMPORT, MANUFACTURE, DISTRIBUTION, SALE AND ADVERTISEMENT OF ANIMAL REMEDIES, AND TO PROVIDE FOR CERTAIN OTHER MATTERS (INCLUDING THE CHARGING OF FEES ON LICENCES) CONNECTED WITH THE MATTERS AFORESAID.

[12th December, 1956.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—This Act shall come into operation six months after the passing thereof or on such earlier date as the Minister may by order appoint.

2.—In this Act—

"advertisement" includes any form of advertising by means of a notice, poster, pamphlet, circular, label, wrapper or other like document but does not include an advertisement in an imported newspaper or journal in relation to an animal remedy which is not manufactured in the State;

"animal" means an animal in relation to which this Act applies;

"animal remedy" means any substance, preparation, mixture or compound, other than a feeding stuff commonly known and used as such, which is intended for administration or application whether internally or externally to an animal by any means for the purpose of preventing, diagnosing or treating any injury, disease, ailment or defect or improving its health or condition;

"authorised officer" means a person authorised in writing by the Minister to exercise the powers conferred on an authorised officer by this Act;

"the Consultative Committee" means the committee set up under section 4;

"the Minister" means the Minister for Agriculture;

"sell" includes offer, expose or keep for sale, invite an offer to buy, or distribute for reward and cognate words shall be construed accordingly.

3.—(1) This Act applies in relation to the following animals—horses (including ponies, asses, mules and jennets), cattle sheep, swine, goats, dogs, cats and poultry (including domestic fowl, turkeys, ducks, geese and guinea fowl) of any age.

(2) The Minister may by order apply this Act to any other animal, whether domestic or in captivity, and may revoke any such order.

4.—(1) For the purpose of advising and assisting the Minister in the making of regulations under this Act there shall be established a committee to be known as the Animal Remedies Consultative Committee.

(2) The Consultative Committee shall consist of five members appointed from time to time by the Minister of whom one shall be nominated by the Minister for Health and the remainder shall be persons whom the Minister considers to have experience or special knowledge in relation to or to be representative of persons engaged in the manufacture, packing, distribution, sale or use of animal remedies.

(3) Every member of the Consultative Committee shall, unless he previously dies or resigns, hold office for a period of two years from the date of appointment but shall be eligible for re-appointment.

(4) There may be paid to members of the Consultative Committee such expenses of travel and subsistence as the Minister, with the consent of the Minister for Finance, may determine.

(5) The Consultative Committee shall meet whenever summoned by the Minister.

(6) The Consultative Committee may regulate its own procedure.

(7) Subject to the provisions of this section, the Minister may, by rules made under this section, regulate the times of appointment of members of the Consultative Committee, the time and mode of filling casual vacancies in the Consultative Committee, and the period of office of persons appointed to fill such casual vacancies.

5.—(1) Subject to the provisions of this section, no person shall sell or import an animal remedy unless the container in which it is sold or imported and any outer wrapper bear a notice clearly indicating—

( a ) (i) the appropriate commercial common name of the remedy or, if it contains more than one ingredient, of each ingredient and the proportion thereof in the remedy, or

(ii) if the remedy or any ingredient has not an appropriate commercial common name, the appropriate scientific name of such remedy or ingredient, or

(iii) if the remedy consists solely of a therapeutic substance in respect of which a licence or permit granted under the Therapeutic Substances Act, 1932 (No. 25 of 1932), is in force, the name of the substance as stated in the licence or permit and the number of the licence or permit, and

( b ) the specific remedial property or properties claimed for the remedy, and

( c ) (i) in a case where the remedy is imported in bulk and packed in the State, the name and address of the importer and packer of the remedy,

(ii) in a case where the remedy is manufactured in the State for and under the control of a person who manufactures the same remedy or causes it to be manufactured outside the State, the name and address of that person and that the remedy is manufactured in the State for and under the control of that person and the name and address of the packer or, where the remedy is not distributed by the manufacturer or packer, of the distributor of the remedy, or

(iii) in any other case, the name and address of the manufacturer and packer of the remedy, and

( d ) such other particulars as may be prescribed from time to time by regulations made by the Minister after consultation with the Consultative Committee.

(2) Subject to the provisions of this section, no person shall publish or cause to be published an advertisement for an animal remedy unless such advertisement contains the particulars specified in subsection (1).

(3) Subsection (1) shall not apply to the importation in bulk of an animal remedy otherwise than in the container or outer wrapper in which it is intended to be put on sale.

(4) Subsection (2) shall not apply to an advertisement published or caused to be published by the Minister or to scientific information published or caused to be published by a university or professional or scientific institution or association.

(5) This section shall not apply to an animal remedy which—

( a ) is supplied to a registered veterinary surgeon or by a registered veterinary surgeon to a person for the treatment of an animal which is owned by or ordinarily in the custody of that person and concerning which that person has consulted him in the course of his private professional practice,

( b ) is sold by or imported from an official veterinary research laboratory recognised by the Minister,

( c ) is supplied, in accordance with an individual prescription of a registered veterinary surgeon, and is sold by a registered pharmaceutical chemist, a registered druggist or a registered dispensing chemist and druggist to the person named in the prescription, or

( d ) is exported from the State.

(6) The Minister may require—

( a ) any person who sells an animal remedy to satisfy him of the accuracy of any statement on the container or outer wrapper of such remedy,

( b ) any person who causes to be published an advertisement for an animal remedy to satisfy him of the accuracy of any statement contained in the advertisement,

and any such requirement shall be complied with.

(7) In this section "appropriate scientific name" means—

( a ) in a case where the remedy or ingredient is a poison included in Schedule A to the Poisons (Ireland) Act, 1870, the name with which the container of such poison is required to be labelled pursuant to section 2 of that Act,

( b ) in a case where the remedy or ingredient is not such a poison and is described in any of the monographs contained in the edition of the Irish Pharmacopoeia which was last published before the date on which such remedy or the remedy containing such ingredient was manufactured or imported, the description set out at the head of that monograph, or

( c ) in any other case, the accepted scientific name or other name descriptive of the true nature of the remedy or ingredient.

6.—(1) The particulars required by this Act to be given in connection with any sale, importation or advertisement of any animal remedy and any other particulars (including the brand name or trade name of such remedy) given in connection with such sale, importation or advertisement shall not be so given by any person as to convey or be likely to convey a false or misleading indication or impression of the composition, remedial value or effectiveness of such remedy.

(2) Nothing in this section shall be construed as limiting the operation of the Merchandise Marks Acts, 1887 to 1931.

7.—(1) Subject to the provisions of this section, the Minister may, after consultation with the Consultative Committee, provide by regulations—

( a ) for the control (including the prohibition save under licence of the Minister) of the manufacture, preparation, packing, importation or sale of any animal remedy, and

( b ) if the animal remedy is a therapeutic substance to which the Therapeutic Substances Act, 1932 , applies, that that Act shall cease to apply, either wholly or to a specified extent, to the remedy.

(2) Regulations under this section shall not apply to the supply or sale of animal remedies under subsection (5) of section 5.

(3) Regulations under this section which, if made, would provide for the cesser, either wholly or to a specified extent, of the application of the Therapeutic Substances Act, 1932 , to a therapeutic substance shall not be made without the consent of the Minister for Health and regulations under this section which, if made, would affect in any other manner therapeutic substances to which the Therapeutic Substances Act, 1932 , applies shall not be made without prior consultation between the Minister and the Minister for Health.

8.—(1) There shall be paid on the grant of any licence such fee (if any) as may be fixed by the Minister with the consent of the Minister for Finance.

(2) Different fees may be fixed in respect of different classes of licences.

9.—(1) An authorised officer may enter at all reasonable times any premises or vehicle in which he has reason to believe the manufacture, packing, preparation for sale, or sale of any animal remedy to be carried on and may inspect any plant, materials or records found in such premises or vehicle and may take and remove samples of any such materials and may make copies of any such records.

(2) Any person who is engaged in the sale of an animal remedy shall, at the request of an authorised officer, and on production of his authorisation, if so required,—

( a ) produce to the officer any records in his possession or control,

( b ) furnish to the officer any information in relation to the remedy which he may require, and

( c ) supply the officer with a sample of the remedy and of any container therefor, and a copy of any advertisement in relation to such remedy in his possession or control.

(3) No person shall obstruct or impede an authorised officer in the exercise of any of the powers conferred on him under this Act.

10.—(1) Any person who contravenes (whether by act or omission) a provision of this Act or of any regulations made under it or a term or condition of any licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.

(2) The Court may, at its discretion, order the forfeiture of any animal remedy in relation to which the offence is committed.

(3) Any goods ordered to be forfeited under this section shall be disposed of as the Minister thinks fit, and any moneys arising from such disposal shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

(4) Proceedings in relation to an offence under this Act may be brought and prosecuted by the Minister.

11.—Regulations made under this Act shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either House within the next twenty-one days on which that House has sat after the regulations have been laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

12.—(1) All fees payable under this Act shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister.

(2) The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under this Act.

13.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

14.—This Act may be cited as the Animal Remedies Act, 1956 .