Interpretation

1   In this regulation:

"Act" means the Veterinary Drugs Act;

"CMIB" means the Compendium of Medicating Ingredient Brochures published by the Canadian Food Inspection Agency as it read on December 15, 2018;

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

"prescription drug list" means the list of drugs set out under the heading "Products for Veterinary Use" in the Prescription Drug List established by regulation under the Food and Drugs Act (Canada);

"production animal" means

(a) a species of animal that may be used for human consumption or whose products may be used for human consumption,

(b) fur bearing animals as defined in the Fur Farm Regulation, B.C. Reg. 8/2015, and

(c) a species of animal used for crop pollination;

"registered hatchery" means a hatchery that is subject to a permit within the meaning of the Hatchery Regulations (Canada);

"veterinary prescription" means a written authorization from a veterinarian to dispense a specified drug for administration to an animal specified or described in the authorization.

[am. B.C. Regs. 431/95, s. 1; 118/2009, s. 1; 6/2015, Sch. 3, s. 1; 8/2015, s. (c); 303/2016, s. (d); 26/2019, s. 1.]

Licences to sell

2   (1) Subject to the 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

(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 chief veterinarian of the change and return the licence to the chief veterinarian, 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 and 2; 431/95, ss. 2 and 3; 118/2009, s. 2; 6/2015, Sch. 3, s. 2; 64/2021, s. 7.]

Limited medicated feed licence

3   (1) Subject to this regulation and subsection (2) of this section, a limited medicated feed licence authorizes the licensee to sell medicated feed.

(2) A limited medicated feed licence does not authorize the licensee to do any of the following:

(a) manufacture medicated feed;

(b) sell medicated feed that

(i) contains a veterinary drug listed on the prescription drug list, or

(ii) under a federal enactment, may not be sold without a veterinary prescription.

[en. B.C. Reg. 26/2019, s. 2.]

Medicated feed licence

4   Subject to this regulation, a medicated feed licence authorizes the licensee to do the following:

(a) manufacture, in accordance with the requirements of the CMIB, medicated feed that does not contain a veterinary drug listed on the prescription drug list and sell it to any person;

(b) manufacture, in accordance with the requirements of the CMIB, medicated feed that contains a veterinary drug listed on the prescription drug list and sell the medicated feed in accordance with a veterinary prescription;

(c) manufacture, other than in accordance with the requirements of the CMIB but in accordance with a veterinary prescription, medicated feed that contains a veterinary drug and sell the medicated feed in accordance with the veterinary prescription.

[en. B.C. Reg. 26/2019, s. 2.]

Veterinary drug licence

5   (0.1) A veterinary drug licence authorizes the licensee to sell a drug described in subsection (1) of this section if both of the following conditions are met:

(a) the drug is not listed on the prescription drug list;

(b) the sale is in accordance with the terms and conditions imposed under this regulation and the licence, if any.

(1) Subject to subsection (0.1), a veterinary drug licence authorizes the licensee to sell the following veterinary drugs:

(a) injectable biologicals for the prevention or treatment of disease in production animals, including antiserums, bacterins, toxoids, antitoxins, products containing concentrated or purified antibodies and vaccines, except brucella, rabies, anthrax, modified live virus and live virus vaccines for mammals;

(b) antibiotics for administration to production animals;

(c) vitamins for injection into or oral administration to production animals, injectable vitamin A not to exceed 500 000 I.U. per millilitre and injectable vitamin D not to exceed 75 000 I.U. per millilitre;

(d) preparations containing

(i) minerals for oral administration to, and

(ii) selenium and iron for injection into

production animals, for the prevention of deficiencies, including hematinics for horses, if the hematinics contain not more than 1 milligram of copper gluconate or cobalt gluconate or both;

(e) growth promotants in the form of implants and feed additives labeled by the manufacturer for use in production animals;

(f) injectable epinephrine for treatment of anaphylactic reactions in production animals;

(g) dextrose, calcium, phosphorus and magnesium preparations and propylene glycol labelled by the manufacturer for treatment and prevention of acetonemeia and hypocalcemia in production animals and preparations intended as an aid in the supportive treatment of nutritional deficiencies in debilitated production animals;

(h) anti-cannibalism compounds for poultry;

(i) topical preparations labeled by the manufacturer as liniments, counter-irritants or poultices for the treatment of joint pain, swollen ligaments, tendons or muscles;

(j) acetylsalicylic acid boluses for horses or cattle;

(k) disinfectants, udder washes and teat dips and sanitizers.

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

(a) a limited medicated feed licensee or a medicated feed licensee,

(b) the operator of a registered hatchery, or

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

(d) Repealed. [B.C. Reg. 26/2019, s. 3 (e).]

[am. B.C. Regs. 118/2009, s. 4; 6/2015, Sch. 3, s. 4; 26/2019, s. 3.]

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 chief 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 the licensee's premises for the purpose of subsections (1) and (2),

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

[am. B.C. Regs. 6/2015, Sch. 3, s. 5; 64/2021, s. 6.]

Cancellation of licences

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

(a) made a false statement in the person's 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 Act, or

(iii) the Veterinarians Act.

[am. B.C. Regs. 431/95, s. 2; 118/2009, s. 5; 64/2021, s. 6.]

Veterinary drugs

8   (1) A licensee shall maintain a permanent place of business and 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 veterinary drugs listed in section 5 (1) 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.

[am. B.C. Regs. 118/2009, s. 6; 64/2021, s. 8.]

Storing and selling veterinary drugs

9   (1) A licensee who keeps veterinary drugs for sale must store the drugs as follows:

(a) if the drugs 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;

(b) if the drugs require refrigeration, in a clean, sanitary refrigerator that

(i) is not used for any purpose other than to store veterinary drugs, and

(ii) is kept at the temperature recommended by the drug manufacturer.

(2) A licensee who keeps veterinary drugs for sale must not do either of the following:

(a) repackage a veterinary drug;

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

(3) A licensee who sells a veterinary drug must give a receipt to the purchaser on the purchaser's request.

[en. B.C. Reg. 26/2019, s. 4.]

Repealed

10   Repealed. [B.C. Reg. 26/2019, s. 4.]

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 the licensed dispenser's other stock until they are destroyed or returned to the manufacturer.

[am. B.C. Reg. 64/2021, s. 6.]

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 the licensed dispenser.

[am. B.C. Regs. 460/87, s. (b); 64/2021, s. 7.]

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 veterinarian,

(b) another manufacturer or wholesaler or the other manufacturer or wholesaler's agent,

(c) a person licensed under this regulation to sell specified drugs, where the drugs sold to that person are among those specified on the person's 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.

[am. B.C. Regs. 6/2015, Sch. 3, s. 3; 64/2021, s. 6.]

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 the holder of the licence 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 medicated feed licence and veterinary drug licence must keep separate veterinary drug purchase registers for the drugs referred to in section 4 and the drugs listed in section 5 (1).

(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.

[am. B.C. Regs. 118/2009, s. 7; 64/2021, s. 7.]

Record keeping and reporting

18   (1) A licensee shall forward the original copy of the licensee's veterinary drug purchase register to the chief 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 the licensee's purchase invoices and purchase register for 24 months.

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

[am. B.C. Regs. 6/2015, Sch. 3, s. 5; 64/2021, s. 6.]

Further requirement

19   Where veterinary drugs are mixed in medicated feeds on the written order of a 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).

[am. B.C. Reg. 6/2015, Sch. 3, s. 3.]

Licensees may be required to maintain a drug sales record

20   (1) The chief 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.

[am. B.C. Reg. 6/2015, Sch. 3, s. 5.]

Transporting veterinary drugs

21   (1) Subject to subsection (2), a person must not transport or cause to be transported in British Columbia a veterinary drug, except to deliver it to a person who may lawfully manufacture or sell medicated feeds, or sell veterinary drugs, in British Columbia.

(2) A person who purchases veterinary drugs from a licensee, a pharmacist or a veterinarian may transport the drugs or have the drugs delivered to the place where the person intends to administer the drugs.

(3) A person who transports veterinary drugs must do so in a manner that

(a) will prevent the drug containers 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 and efficacy of the drugs.

[en. B.C. Reg. 26/2019, s. 5.]

Repealed

22   Repealed. [B.C. Reg. 26/2019, s. 5.]

Veterinary drug dispensers

23   (1) The chief 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 the person passes an examination set by the chief 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 chief 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 chief veterinarian designates.

[am. B.C. Regs. 257/93, s. 3; 6/2015, Sch. 3, s. 5; 64/2021, s. 5.]

Further examinations

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

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

[am. B.C. Regs. 6/2015, Sch. 3, s. 5; 64/2021, s. 6.]

Offence

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

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

[am. B.C. Reg. 26/2019, s. 6.]