Powers of Inspectors & Notices

Inspectors:

Under the Regulations, inspectors, with the following powers are appointed.

34(1) An inspector may, on producing a duly authenticated authorisation if required, enter any premises at any reasonable hour for the purpose of ensuring that the provisions of the Regulations are being complied with; and in this regulation "premises" includes any place, vehicle, trailer, container, stall, moveable structure, ship or aircraft.

Having entered the premises the inspector may

(a) inspect the premises, plant, machinery and equipment;

(b) search the premises;

(c) take samples;

(d) seize any computers and associated equipment for the purpose of copying documents provided they are returned as soon as practicable;

(e) seize any veterinary medicinal product, anything purporting to be a veterinary medicinal product, or any additive to which Schedule 5 applies that is not authorised in the United Kingdom;

(f) seize any premixture or feedingstuff that contains a veterinary medicinal product or additive to which Schedule 5 applies that is not authorised in the United Kingdom;

(g) seize any veterinary medicinal product, anything purporting to be a veterinary medicinal product, any additive to which Schedule 5 applies, any premixture or feedingstuff if

(i) it has not been lawfully supplied in accordance with the Regulations;

(ii) it has been stored in a way that affects it's safety, quality or efficacy;

(iii) it is sold, or offered for sale by a person not permitted to supply it under these Regulations

(h) carry out any inquiries, examinations and tests;

(i) have access to, and inspect and copy any documents or records (in whatever form they are held) relating to these Regulations, and remove them to enable them to be copied; and

(j) have access to, inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford such assistance as may reasonably be required and, where a record is kept by means of computer, may require the records to be produced in a form in which they may be taken away.

Where the inspection is of a pharmacy, officers of the Royal Pharmaceutical Society of Great Britain have the same powers as an inspector.

Any person who

(a) intentionally obstructs any person acting in the execution of these Regulations;

(b) without reasonable cause, fails to give any person acting in the execution of these Regulations any assistance or information that that person may reasonably require under these Regulations;

(c) furnishes to any person acting in the execution of these Regulations any information knowing it to be false or misleading, or

(d) fails to produce a record when required to do so to any person acting in the execution of these Regulations, as guilty of an offence.

Improvement Notices and Seizure Notices:

The Regulations permit Inspectors to issue Improvement Notices where there are reasonable grounds for believing that a person is failing to comply with the Regulations. The Notice sets out the failure, how it should be remedied and the time in which the improvement must be made. Failure to comply with an Improvement Notice is an offence.

The Regulations also permit Inspectors to seize any veterinary medicine that is not authorised, has not been supplied lawfully, and any veterinary medicinal product that has been stored in a way that affects it's safety, quality and efficacy. A Notice is given to the owner stating the reasons for the seizure. After one month the medicine may be destroyed and the person on whom the Notice was served liable for any costs incurred.

There is a right to appeal against both Improvement Notices and Seizure Notices. Full details can be found in VMG Note 10 - Guidance on Enforcement.

Under the Regulations, there is a requirement for Improvement Notices and Seizure Notices to be publicised. A list of notices issued can be found here.