Veterinary Support - Medicines legislation
Legislation is boring and you probably know a man down the road who can get you some antibiotics if your fish need it. You probably even know of a dealer or hobbyist who knows how to inject fish. As from the end of October 2005 this kind of semi-legal grey area is about to change and if you wish to avoid the possibility of a criminal conviction then you need to read on.
The aim of the legislation is to ensure that the UK complies with the latest European Union medicines legislation for animals and was seen as an opportunity to amalgamate 50 odd pieces of UK legislation in to one new regulation. At the same time it was seen as a chance to limit the illegal sales of medications from abroad particularly through the Internet and make it easier for the authorities to prosecute and close down illegal distribution channels. For the average hobbyist this change in legislation will have little if any impact but it will make it a lot easier for the authorities to prosecute anyone involved in the illegal sale, supply and use of what will now become Veterinary Prescription Medicines (VPM) of which there will be four classifications. These four classifications will include all of the antibiotics used for treating bacterial infections and worming formulations currently used in ornamental fish to treat internal and external parasites and in particular fluke. An interesting aside is that it would be illegal for me to mention the trade names of these products (since this might be construed as advertising which would be illegal except to businesses) which some of you would recognise but I could talk of the chemical molecules used in these formulations which I doubt any would recognise.
The first point to discuss is who has the right to dispense these Veterinary Prescription Medicines? Obviously a Veterinary Surgeon, a pharmacist can dispense on a veterinary prescription and for some classifications (not antibiotics) what is known as a Suitably Qualified Person (SQS). Now an SQS is not allowed to sell split packs and can only dispense to someone who they are satisfied knows how to use the drug correctly amongst other things. In general this would mean you need to be in a business involved in the keeping of animals and for our purposes this means fish. This obviously excludes a hobbyist but might include a dealer. However, the person dispensing the VPM must be satisfied that the drug is being used for the correct condition and that only sufficient is dispensed to treat the affected group of animals. In other words there is a direct connection between the person being sold the medication and the volume sold to the number of animals treated - this applies to all people involved in dispensing a VPM.
The second point to make is that previously the authorities have had to prove that the drug has been used illegally. Thus to some extent it was okay to say have a bottle of antibiotics wrapped in brown paper at the back of the shed. How were the authorities to prove that you had used it except by catching you in the act? This would be highly unlikely since they cannot police all the ponds or aquaria in the country. Under the new legislation they only need to prove that the drug was obtained illegally. I should also point out that it is a fallacy to believe that the defence of "it was for my own use" will work, it did not and will not work.
The above two points are critical in allowing the authorities to mount a successful prosecution and also restricting the illegal distribution of VPM. The first point severely restricts the amount of VPM that can "float" around since there should be nothing left after the animals have been treated and it would be illegal for a dealer who obtained the VPM legally to treat his own stock to then use anything left to treat a customer's fish unless he was an SQP. The second point clearly indicates that to have a VPM in your possession is illegal unless it has been obtained from a vet, a pharmacist on a veterinary prescription or from an SQP.
To fully make the argument for the conclusion I am going to make would require discussion of the new EU Fish Health Directive and the currently draft regulations on who can be an SQP and what they can sell but I think the above gives you a clear indication of where I am going. If you wish to look in to this further then I would suggest going to www.vmd.gov.uk and www.europa.eu.int/eur-lex.
So what is the outcome of all this? Unless you obtain your VPM either from a vet or from a prescription provided by a vet then the authorities are very likely to presume that you have obtained it illegally if it is found in your possession. Now it is unlikely that they would go after individual hobbyists but as recent events make clear they are willing to prosecute dealers. The advice should be clear, if you require an antibiotic for your fish do not go to the man down the road, to keep it all legal you will need to contact a vet.
Copyright Chris Walster BVMS MRCVS 2005
