The Attorney General has warned the government that it is not legally permissible to introduce legislation that would allow people other than veterinarians to prescribe antiparasitic veterinary medicines.
The Ministry of Agriculture has now also confirmed that the implementation of a national fertilizer register is also being delayed.
It is currently being proposed to introduce a “prescription-only” rule for the dispensing of antiparasitics, including anthelmintics, pour-ons, fly killers and fucicides, which would prohibit pharmacists and qualified RPs in agricultural trade from continuing that trade as usual.
This highly controversial move, along with a controversial mandatory requirement for e-prescriptions for all veterinary medicines/feed, was due to come into force on December 1st to ensure prudent prescribing and counteract the growing threat to human health from antibiotic resistance.
After receiving an alternative legal opinion from ICOS and ILMA, Agriculture Secretary Charlie McConalogue sought advice from the Attorney General’s office.
In a statement to the Farming Independent, the ministry said it had received advice from the Attorney General’s Office on the matter on Thursday, December 1.
“This recommendation confirmed that the introduction of retrospective legislation that allows people other than veterinarians to prescribe antiparasitic veterinary medicines is not legally permissible,” it said.
The Minister for Agriculture, Food and Marine received Cabinet approval on December 13 to publish the new Veterinary Drugs, Medicated Feed and Fertilizers Regulations Bill 2022 and submit it to the Dáil Eireann to start the legislative process.
“Among other things, the draft law provides for an initiation decree for the introduction of mandatory electronic prescriptions.
“Once this enactment regulation is in place, it will set the date by which e-prescriptions will become mandatory.
Regarding the National Fertilizer Database, the Department said that acknowledging the delay in passing the bill, the statutory provisions underlying the National Fertilizer Database will not be in effect on January 1, 2023.
Still, the ministry said it is continuing to work with stakeholders to ensure the system is ready when the system goes live.
“In this regard, stakeholders from the National Fertilizer Database Consultative Committee were contacted this week to seek further engagement on the IT aspects of the National Fertilizer Database,” it said.
