The Veterinary Surgeons and Veterinary Para-Professionals (Veterinary Medicines Directorate) Regulations

Jurisdiction
Kenya
Citation
Chapter 366
Primary work
Veterinary Surgeons and Veterinary Para-Professionals Act
Date
Language
English
Type
Legislation
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LAWS OF KENYA

VETERINARY SURGEONS AND VETERINARY PARA-PROFESSIONALS ACT

THE VETERINARY SURGEONS AND VETERINARY PARA-PROFESSIONALS (VETERINARY MEDICINES DIRECTORATE) REGULATIONS

CHAPTER 366

  • Published in Kenya Gazette Vol. CXVII—No. 112 on 16 October 2015
  • Commenced on 16 October 2015
  1. [Amended by The Veterinary Surgeons and Veterinary Para-Professionals (Amendment) Regulations, 2017 (Legal Notice 293 of 2017) on 5 January 2018]
  2. [Amended by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
  3. [Amended by Veterinary Surgeons and Veterinary Para-professionals (Veterinary Medicine Directorate) (Amendment) Regulations, 2023 (Legal Notice 113 of 2023) on 18 August 2023]

Part I – PRELIMINARY

1. Citation

These Regulations may be cited as the Veterinary Surgeons and Veterinary Paraprofessionals (Veterinary Medicines Directorate) Regulations, 2015.

2. Interpretation

In these Regulations, unless the context otherwise requires—"accredited laboratory" means a laboratory recognized as an accredited laboratory by the Directorate;"advertisement" means any written or visual notice, circular, label, or wrapper, or other descriptive matter, verbal statement or reference appearing in any newspaper, television, film or mass media or brought to the attention of the public in any other form, which is intended to promote the sale of a veterinary medicine;"alternative medicine" means the unrefined plant, animal and mineral substances commonly used in traditional animal treatments;"Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to veterinary service;"Chief Executive Officer" means the Chief Executive Officer of the Directorate appointed under regulation 13;"Committee" means the Veterinary Medicines Registration Committee established under regulation 27;"controlled veterinary medicine" means a veterinary medicine specified in the Fourth Schedule as a Category I or Category II of veterinary medicine;"Conventional medicines" means the regular and standardized veterinary medicines;"Council" means the Council of the Directorate comprised under regulation 8 (1);"crude drug" means an unrefined medicine of biological origin;"Directorate" means the Veterinary Medicines Directorate established under regulation 5 and as envisaged under section 39(2)(a) of the Act;"dispense" means the sale or supply of a veterinary medicine by a veterinary surgeon or other person authorised in accordance with these Regulations;"inspector" means a person appointed as an inspector under regulation 45;"manufacture" means any stage in the manufacturing of a veterinary medicine until the finished product is ready for sale in its final form as specified in the marketing authorization, and includes repackaging, repacking or labeling of a veterinary medicine in an authorized facility but does not include the breaking open of the package of a veterinary medicine by retailers;"market authorization" means registration of a veterinary medicine by the Council and the issuance of a registration certificate under regulation 23;"orphan veterinary medicine" means a veterinary medicine that is not economical to trade in but is required for specific medical use;"pharmaco-vigilance" means the routine inspections and surveys carried out in the veterinary medicines market to safeguard general animal and human health and trade;"quality assurance standards" means the good manufacturing practice, good laboratory practice, good veterinary practice or any other standard developed by an international standardization body, the East African Community Standards Committee or the Kenya Bureau of Standards which the Cabinet Secretary, on the advice of the Council, shall recognize through the Gazette as a quality assurance standard for the purposes of these Regulations;"register" means a register maintained by the Council containing the details of—(a)premises which have been issued with a permit in accordance with these Regulations; or(b)veterinary medicines registered in the country;"retailer" means a veterinary pharmacy registered by the Council for the sale of veterinary medicines to the end users;"specialized committees" means persons who are not Council members;"veterinary medicines inspector" means an inspector appointed by the Council pursuant to regulation 45;"veterinary pesticide" means a veterinary medicine used as a pest control product on animals or the animals' environment;"veterinary pharmaceutical" means a chemical substance formulated or compounded as a single active ingredient or in any combination of the chemical substances, for veterinary curative use;"veterinary pharmacy" means a business authorized by the Council to stock, dispense or distribute veterinary medicines for sale;"veterinary pharmacy assistant" means a veterinary para-professional trading in veterinary medicines listed under Category III of the Fourth Schedule;"veterinary pharmacy practice" means the business of veterinary pharmacy carried out by veterinary surgeons, veterinary para-professionals or any other person permitted by the Council to carry out veterinary pharmacy practice;"veterinary product" means veterinary medicines and veterinary pesticides;"wholesale" means a manufacturer or veterinary pharmacy approved by the Council to trade in bulk in the supply of veterinary medicines to wholesalers or retailers in the original outer pack-sizes.

3. Objectives and purpose of the Regulations

The object and purpose of these Regulations is to—(a)regulate the manufacture, importation, exportation, registration, distribution, prescription and dispensing of veterinary medicines and the practice of veterinary pharmacy in Kenya; and(b)advise the Kenya Veterinary Board in relation to all aspects listed under paragraph (a).

4. Application

Subject to regulation 58, these Regulations shall apply to all conventional and alternate veterinary medicine.

Part II – THE VETERINARY MEDICINES DIRECTORATE

5. Establishment of the Directorate

(1)There is hereby established a Directorate to be known as the Veterinary Medicines Directorate whose management shall vest on a Council appointed under regulation 8.
(2)The Directorate shall be a body corporate with perpetual succession and a common seal and shall in its corporate name be capable of—(a)suing and being sued;(b)taking, purchasing, or otherwise acquiring, holding, charging or disposing of movable and immovable property;(c)borrowing and lending money; and(d)doing all such other things or acts as may lawfully be done by a body corporate.

6. Functions of the Directorate

The functions of the Directorate are to —(a)formulate and enforce quality assurance standards in the in the manufacture, distribution and use of veterinary medicines to safeguard human and animal health and the environment;(b)in consultation with the Director of Veterinary Services, regulate the use of veterinary medicine for the treatment of animals under the Animal Diseases Act (Cap. 364);(c)consider applications for approval for market authorization of veterinary medicines;(d)set quality assurance standards for training in the management of veterinary medicines as directed by the Kenya Veterinary Board;(e)collaborate with the Kenya Veterinary Board in regulating training in the management of veterinary medicines;(f)inspect and approve premises in which the manufacture, sale or supply of veterinary medicine is conducted;(g)appoint and gazette veterinary medicine inspectors;(h)establish the standard operating procedures for veterinary medicine inspectors;(i)regulate veterinary pharmacy practices;(j)categorize veterinary medicines and the qualification of persons authorized to trade in each category and review the categories every five years;(k)regulate clinical and non-clinical trials of veterinary medicines by individuals and institutions to be involved in the trials;(l)regulate the manufacture, importation, exportation, handling, advertisement, labeling, sale and disposal of veterinary medicines;(m)register all veterinary medicines manufactured or imported for use in the country or exported from the country;(n)monitor the market for and take measures necessary for the elimination of trade in illegal and counterfeit veterinary medicines;(o)establish systems of pharmaco-vigilance and conduct pharmaco-vigilance of veterinary medicines through regular inspections and surveys;(p)enforce good manufacturing practice for veterinary medicines as approved by the Council;(q)develop, apply and from time to time review guidelines to be used in the inspection and ensuring compliance with good manufacturing practice;(r)ensure that the promotion and marketing of veterinary medicine is in accordance with the approved product information;(s)publish, on an annual basis, a notice in the Kenya Gazette inviting the public to note and inspect the register of veterinary medicines and the list of approved veterinary pharmacy practices within such period and at such place as may be specified in the notice;(t)consider, grant, issue or revoke authorizations and certificates in accordance with these Regulations;(u)collaborate with other regulatory agencies including the Public Health (Standards) Board in section 27 of the Food, Drugs and Chemical Substances Act (Cap. 254), the Pest Control Products Board established under section 5 of the Pest Control Products Act (Cap. 346) and the Central Board of Health established under section 3 of the Public Health Act (Cap. 242) to carry out its mandate; and(v)undertake any other thing necessary for the effective carrying out of its mandate under this or any other Act.

7. Powers of the Council

The Council shall have all the power necessary or expedient for the effective discharge of its functions under these Regulations and any other law, and in particular the power to—(a)control, supervise and manage the assets and liabilities of the Directorate;(b)determine the provision to be made for capital and recurrent expenditure and for the reserves of the Directorate;(c)seek and receive any grants or donations and make legitimate disbursements from such grants and donations for its purposes;(d)levy fees and charges for its services as provided in these Regulations;(e)enter into association with other bodies within or outside Kenya which the Council may consider desirable or appropriate;(f)invest funds of the Directorate not immediately required in securities in which trustees are empowered to invest under the Trustee Act (Cap. 167), and in other securities which may be approved for the purpose, by the Cabinet Secretary for the time being responsible for Finance;(g)establish and support investment and trust funds for the benefit of employees or ex-employees of the Directorate or dependants of such persons, to grant pension, benefits and allowances and to make such payments towards insurance as required under the relevant laws;(h)open and operate such accounts as are necessary for the funds of the Directorate, with a bank or financial institution licensed to conduct banking business under the Banking Act (Cap. 488);(i)recruit, support, discipline or dismiss the staff and inspectors of the Directorate;(j)in consultation with Salaries Remuneration Commission, determine the terms and conditions of employment of the staff and inspectors of the Directorate;(k)establish branch offices of the Directorate, to the extent that is practicable, to ensure accessibility of its services by all Kenyans;(l)superintend, regulate and assist branch offices, auxiliaries, committees and other forms of organizations established to advance the interest of the Directorate;(m)perform all things necessary or incidental to attain the objectives of the these Regulations or any other written law.

8. Composition and appointment of the Council

(1)The Council shall be appointed by the Cabinet Secretary and shall consist of—(a)a chairperson, who shall be a registered veterinary surgeon with at least ten years’ post-qualification experience, appointed by the President;(b)the Director of Veterinary Services;(c)the Chief Executive Officer of the Kenya Veterinary Board;(d)the Principal Secretary for the time being responsible for Finance;(e)the Principal Secretary for the time being responsible for animal health matters;(f)two veterinary surgeons nominated by the Kenya Veterinary Board;(g)one veterinary technologist from the veterinary pharmaceutical industry nominated by the Kenya Veterinary Board;(ga)one livestock sector stakeholder who is not a veterinary surgeon or a veterinary para-professional, appointed by the Cabinet Secretary; and(h)the Chief Executive Officer of the Directorate who shall be the Secretary to the Council and shall be an ex-officio member.
(2)A person appointed under paragraph (1)(f) shall be nominated by the Kenya Veterinary Board from a list of five names drawn from the veterinary pharmaceutical industry including a trainer in veterinary pharmacology submitted by a registered professional association representing the interests of veterinary surgeons countrywide.
(3)A person appointed under paragraph (1)(g) shall be nominated by the Kenya Veterinary Board from a list of three names from the veterinary pharmaceutical industry submitted by the registered association representing the interests of veterinary paraprofessionals.
(4)The nominating bodies referred to under paragraphs (2) and (3) shall observe Constitutional principles relating to gender, youth, persons with disability and minorities in identifying the persons whose names shall be submitted for nomination by the Kenya Veterinary Board for appointment to the Council.
(5)The Cabinet Secretary shall appoint the members of the Council by notice in the Kenya Gazette.
(6)The Council shall conduct its affairs in the manner set out in the First Schedule.
(7)The members of the Council shall hold office for a term of three years and shall be eligible for re-appointment for one further term.
(8)The members appointed under paragraph (1)(b), (d) and (e) may, in writing, designate representatives to attend the meetings of the Council on their behalf.
(9)The members of the Council in paragraphs (f), (g) and (h) may—(a)at any time resign from office by notice in writing to the Cabinet Secretary;(b)be removed from office by the Cabinet Secretary, on the advice of the Council if the member —(i)is declared bankrupt;(ii)is absent from three consecutive meetings of the Council, without the permission of the Chairperson;(iii)is convicted of a criminal offence and, sentenced to a term of imprisonment of more than six months;(iv)is unable or unfit, due to physical or mental illness, to perform the functions of his office; or(v)has failed to comply with the provisions of Chapter Six of the Constitution.
(10)The Cabinet Secretary shall, on the recommendation of the Council, appoint a relevant person to serve in the place of any member of the Council in the case of death, resignation, absence from Kenya for six consecutive months without authorization or more or removal from office under paragraph (9)(b) and the person appointed under this sub-Regulation shall serve until the end of the term of the Council.
(11)Where a vacancy arises under paragraph (10), the Cabinet Secretary shall undertake a fresh recruitment process to fill the vacancy.[L.N. 113/2023, r. 2.]

9. Co-option of specialized persons

Pursuant to section 10 of the Act, the Council may for the effective discharge of its functions co-opt into the committees such persons with technical expertise or knowledge for the better carrying out of the functions of the Directorate.

10. Meetings of the Council

The conduct and regulation of the business and affairs of the Council shall be as provided in the First Schedule but subject thereto, the Council shall regulate its own procedure.

11. Conflict of interest

(1)If any person is present at a meeting of the Council or any committee at which any matter is the subject of consideration and in which matter that person or that person's spouse or relative is directly or indirectly interested in a private capacity, that person shall as soon as is practicable after the commencement of the meeting declare such interest and shall not, unless the Council or committee otherwise directs, take part in any consideration or discussion of, or vote on any question connected to such matter.
(2)The disclosure of interest shall be recorded in the minutes of the meeting at which it is made.
(3)A member or employee of the Council shall not carry out an business or trade with the Council.
(4)A member or staff of the Council who contravenes this Regulation commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding twelve months or to both.

12. Common seal and logo

(1)The Directorate shall have a common seal which shall be kept by the Chief Executive Officer.
(2)The affixing of the seal shall be authenticated by signature of the chairperson and the Chief Executive Officer and in his absence, the signature of any other member authorized by resolution of the Council.

13. Chief Executive Officer

(1)There shall be a Chief Executive Officer who shall be appointed by the Council through a competitive process and whose terms and conditions of service shall be determined by the Council in the instrument of appointment.
(2)A person shall be qualified for appointment as a Chief Executive officer, if that person—(a)is a Kenyan citizen;(b)holds a degree in veterinary medicine from a university recognized by the Kenya Veterinary Board;(c)has at least ten years professional experience in veterinary medicine regulation, of which at least five years are at senior management level; and(d)satisfies the requirements of Chapter Six of the Constitution.
(3)The Chief Executive Officer shall be an ex-officio member of the Council but shall have no right to vote at any meeting of the Council.
(4)The Chief Executive Officer shall hold office for a term of three years renewable once subject to satisfactory performance.
(4A)Despite subregulation (4), a person serving as a Chief Executive Officer immediately before the commencement of this Regulation shall remain in office for the unexpired period of that person’s tenure.
(5)The Chief Executive Officers shall, in the performance of the functions and duties of office be responsible to the Council.
(6)Without prejudice to the provisions of paragraph (5), the Chief Executive Officer shall—(a)be responsible for—(i)carrying into effect the decisions of the Council;(ii)day-to-day administration and management of the affairs of the Directorate;(iii)supervision of the staff of the Directorate;(b)be the Registrar of veterinary medicines; and(c)perform such other duties as may be assigned by the Council.[L.N. 113 of 2023, r. 3.]

14. Removal of the Chief Executive Officer

(1)The Chief Executive Officer may be removed from office by the Council in accordance with the terms and condition of service, for—(a)inability to perform functions of the office arising out of physical or mental infirmity;(b)gross misconduct or misbehavior;(c)incompetence or negligence of duty;(d)violation of the Constitution and any other written law; or(e)any other grounds specified in the terms and conditions of service.
(2)Where the question of the removal of the Chief Executive Officer under paragraph (1) arises, the Council shall —(a)inform the Chief Executive Officer in writing of the reasons for the intended removal; and(b)provide the Chief Executive Officer with the opportunity to be heard in accordance with the principles of fair administrative action safeguarded under Article 47 of the Constitution.

15. Veterinary medicines inspectors

(1)The Council shall employ such veterinary medicines inspectors as it deems necessary.
(2)A person shall be qualified for appointment as a veterinary medicines inspector if that person —(a)is a veterinary surgeon or technologist; or(b)holds at least a diploma in animal health or other qualification recognized by the Council; and(c)has at least five years post qualification experience in a relevant field.

16. Staff

The Council may employ such staff as it deems appropriate for the effective performance of its functions.

17. Code of conduct

The members and the employees of the Council shall subscribe to the leadership and integrity code set out in the Fourth Schedule.

18. Protection from personal liability

Nothing done by a member of the Council or by any person working under the instructions of the Council shall, if done in good faith for the purpose of executing the powers, functions or duties of the Council under these Regulations render such member or officer personally liable for any action, claim or demand.

Part III – MANUFACTURING, IMPORTATION AND REGISTRATION OF VETERINARY MEDICINES

19. Veterinary medicines to be registered

(1)A person shall not import, manufacture sell, transport or distribute any veterinary medicine in Kenya unless that veterinary medicine has been registered in accordance with the provisions of these Regulations.
(2)Every person transporting a veterinary medicine in transit shall declare the veterinary medicine at the port of entry and exit.

20. Manufacturing permit

A person who intends to manufacture veterinary medicine shall make an application to the Council for a manufacturing permit.

21. Manufacturing of veterinary medicines

(1)The Council shall, on receipt of an application made under regulation 20, before issuing a certificate of registration, cause the premises in which the manufacturing of the veterinary medicine is proposed to be conducted be inspected in order to ensure compliance to good manufacturing practice.
(2)The inspector instructed under paragraph (1) shall submit the results of the inspection to the Council and the applicant in writing.
(3)A manufacturer shall ensure that every stage in the manufacture of a veterinary medicine is carried out based on good manufacturing practices.
(4)A manufacturer shall not manufacture a veterinary medicine unless the manufacturing plant has been inspected and licensed in accordance with this Regulation.
(5)A person shall not use any premises, for the purposes of manufacturing. formulating, packaging, selling or storing veterinary medicine unless that person is in possession of a licence issued under these Regulations in respect of that premises.
(6)Where an inspector has approved the compliance by the manufacturer, the Council shall on payment of the prescribed fee, issue a licence as set out in Form 1.3 set out in the a Third Schedule.
(7)A person in executive authority of manufacturing company which manufactures veterinary medicines without a license commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding twelve months or to both.

22. Powers of inspectors with regard manufacturing plants

(1)An inspector appointed under these Regulations shall have power with regard to manufacturing plants to —(a)enter the premises and inspect the plant and the process of manufacture intended to be employed in the manufacturing of the veterinary medicine and shall make a report to the Council; or(b)order the immediate closure of a manufacturing plant where its continued operation appears to pose a serious threat to life and safety.
(2)An inspector who has ordered the closure of a plant under paragraph (1)(b) shall within twenty-four hours of the closure notify the Council of the closure and shall provide reasons for the closure.
(3)On receipt of the notification under paragraph (2), the Council shall direct the owner of the plant to take such measures as the Council may direct to ensure conformity with these Regulations.
(4)A manufacturer who fails, within fourteen days of receipt of the directive made by the Council under paragraph (3), to take the measures indicated in the directive shall have its licence revoked.
(5)The Council shall publish in at least one newspaper of wide national circulation the name of a manufacturing plant closed and whose licence has been revoked under this Regulation and shall place a notice of the closure at the entrance of such plant.
(6)The protection of right to property under Article 40 of the Constitution shall be limited for purposes of maintenance of veterinary medicine standards for the protection and safety of the public.

23. Application for registration of a veterinary medicine

(1)An application for registration of —(a)a veterinary medicine shall be in accordance with Form A set out in the Third Schedule; and(b)a veterinary medicine used as pesticides shall be Form B set out in the Third Schedule.
(2)An applicant shall, in addition to the information required to be paragraph (1), furnish such further information and material as may be required by the Council for the proper evaluation of the veterinary medicine in respect of which the application is made.
(3)The Council shall, on approval of an application made under this Regulation and on payment of the prescribed fees, register the veterinary medicine or veterinary pesticide and issue a certificate in Form D1 or D2, respectively set out in the Third Schedule.
(4)A certificate of registration issued under these Regulations shall, unless suspended or revoked, be in force for a period of five years.
(5)The Council shall not approve an application made under paragraph (1) unless satisfied that the applicant has attained the prescribed standards and satisfied all requirements for registration.

24. Renewal of registration of veterinary medicine

(1)A person may make an application to the Council, for renewal of registration of a veterinary medicine in Form E set out in the Third Schedule.
(2)The Council shall, before renewing registration under this Regulation conduct a pharmaco-vigilance study on the manufacturer.
(3)An applicant shall on receipt of approval for renewal of registration from the Council, make payment of the fees as prescribed in the Fifth Schedule.

25. Clinical and non-clinical trials and toxicity testing

(1)The Council may require that a clinical and non-clinical trial and toxicity testing be done before the registration of a veterinary medicine.
(2)Despite paragraph (1) a veterinary pesticide shall not be registered unless an efficacy and an acute toxicological study is carried out by an accredited laboratory.
(3)A person who or institution which intends to apply for accreditation under this Regulation shall, before making such application, obtain approval from the Council.
(4)A person who or institution which desires to conduct clinical and non-clinical trials and toxicity testing shall apply to the Council for accreditation.
(5)The cost of any clinical trial or toxicity testing shall be borne by the applicant.

26. Conditions for registration of veterinary medicines and pesticides

(1)A veterinary medicine and pesticide shall not be registered unless a laboratory analysis has been carried out by an accredited laboratory.
(2)A person who intends to register a veterinary medicine shall submit to the Council a certificate of analysis from an accredited laboratory together with the application for registration of the veterinary medicine

27. Veterinary Medicines Registration Committee

(1)There is hereby established a standing committee of the Council to be known as the Veterinary Medicines Registration Committee.
(2)The Committee shall be responsible for matters relating to registration of veterinary medicines under these Regulations and in particular shall be responsible for —(a)evaluating applications for veterinary medicines registration and shall make recommendations to the Council; and(b)issuing provisional approval pending the issuance of the veterinary medicines registration certificate by the Council.
(3)A provisional certificate issued under paragraph (2)(b) shall be valid for a period of not more than three months.
(4)The Council shall consider an application made under this Regulation, and if satisfied of the safety, efficacy and quality of the veterinary medicine or veterinary pesticide, shall register the veterinary medicine in accordance with Form C1 and C2 set out in the Third Schedule.
(5)Upon registration of a veterinary medicine under paragraph (4), the applicant shall be issued with a certificate of registration in Form D1 or D2 set out in the Third Schedule.
(6)The Council may, while considering a veterinary medicine for registration under paragraph (4), approve the details as supplied by the applicant or approve it with such modifications as it may consider appropriate in respect of the following particulars—(a)the name under which the veterinary medicine may be sold;(b)the labeling;(c)the statement of the representations to be made for the promotion of the veterinary medicine in respect of the —(i)claim to be made for the veterinary medicine;(ii)route of administration;(iii)dosage;(iv)contra-indications, side effects and precautions, if any;(v)package size;(vi)withdrawal period for food producing animals;(vii)proposed category; and(viii)shelf life.

28. Rejection of application for registration of a veterinary medicine

The Council shall, if it is not satisfied as to the safety, efficacy or quality of the veterinary medicine, reject the application for the registration of the veterinary medicine and inform the applicant, in writing, the reasons for rejection.

29. Registration of veterinary medicine researched outside Kenya

(1)The Council may, before registering a new veterinary medicine for which the research work has been conducted in another country and its efficacy, safety, and quality established in that country, require an investigation on the pharmaceutical, pharmacological and other aspects of the veterinary medicine to be conducted and clinical trials to be carried out as necessary to establish its safety, efficacy, quality and where applicable the biological availability to be established under local conditions.
(2)Despite paragraph (1), the Council may register a new veterinary medicine and require the investigations and clinical trials specified therein to be conducted after its registration.

30. Suspension and revocation of certificate of registration

(1)The Council may suspend or revoke a certificate of registration issued under these Regulations for such period as the Council may determine.
(2)The Council shall not revoke or cancel the certificate of registration unless —(a)where matters stated in the application on which the certificate of registration was granted were false or incomplete in any material particular;(b)where provision of the certificate of registration has to a material extent been contravened by the holder of the certificate;(c)where the premises on which, or on part of which, a veterinary medicine is manufactured, assembled or stored by or on behalf of the holder of the certificate of registration are unsuitable for the manufacturing, assembling or storage of veterinary medicines; or(d)where new information has been discovered by the Council which renders the veterinary medicines unsafe or dangerous.
(3)Where a certificate has been revoked under paragraph (2)(d), the Council shall on delivery of the information to the manufacturer —(a)inspect the plant to ensure all the medicine or the relevant batch has been destroyed;(b)disseminate the information to the public through a newspaper advertisement in at least two daily newspapers of nationwide circulation; and(c)recall any medicine which has been distributed.

31. Period for renewal of registration and retention of veterinary medicine

(1)The Council may grant the renewal of registration as provided under regulation 24 for a period not exceeding five years.
(2)On the expiry of five years a veterinary medicine may be retained in the register upon an application made by the certificate holder which shall —(a)include a declaration that the requirements met by the veterinary medicine during registration has not changed; and(b)include payment of the requisite fees.

Part IV – CLASSIFICATION AND CATEGORIZATION OF VETERINARY MEDICINES

32. Classification of Veterinary Medicines

(1)The Cabinet Secretary shall classify veterinary medicines in the classes set out in Part I of the Second Schedule.
(2)The Cabinet Secretary may, on the advice of the Council, vary the classification of the various veterinary medicines depending on the therapeutic use and current information for the medicine.

33. Categorization of Veterinary Medicines

(1)The Cabinet Secretary shall categorize veterinary medicines as set out in Part II of the Second Schedule.
(2)The Cabinet Secretary shall be guided by the Council on the categorization of veterinary medicines and shall place the veterinary medicines in the following categories —(a)Category I relating to prescription only medicine—Veterinary Surgeon which shall comprise two sub-categories as follows —(i)Category IA relating to Controlled Veterinary Medicines includes products which contain narcotic or psychotropic substances or other substances very dangerous at small quantities;(ii)Category IB relating to other prescription only medicine, comprising products intended for administration following a diagnosis or clinical assessment by a veterinary surgeon or dispensed by a veterinary surgeon or a person with equivalent qualification;(b)Category II relating to prescription only medicine veterinary surgeon, pharmacist, and veterinary technologist who has served for at least five years in a veterinary pharmacy which contains —(i)veterinary medicines for use in food-producing animals;(ii)veterinary medicines in respect of which special precautions shall be taken in order to avoid any unnecessary risk to the target species, the person administering the products to the animal and the environment;Provided that the requirement in this paragraph shall not apply if all the following criteria are met—(a)the administration of the veterinary medicine is restricted to formulations requiring no particular knowledge or skill in using the product;(b)the veterinary medicine does not present a direct or indirect risk, even if administered incorrectly, to the animal or animals treated, to the person administering the product or to the environment;(c)the summary of product characteristics of the veterinary medicine does not contain any warnings of potential serious side effects deriving from its correct use;(d)the veterinary medicine or any other product containing the same active substance has not previously been the subject of frequent serious adverse reaction;(e)the summary of product characteristics does not refer to contra-indications related to other veterinary medicine commonly used without prescription;(f)the veterinary medicine is not subject to special storage conditions;(g)there is no risk for consumer safety as regards residues in food obtained from treated animals even where the veterinary medicines has been used incorrectly; and(h)there is no risk to human or animal health as regards the development of resistance to antimicrobials or anti-helmintic substances even where the veterinary medicine containing those substances is used incorrectly; and(i)veterinary medicines that may cause effects that impede or interfere with subsequent diagnostic or therapeutic measures.(c)Category III relating to authorised veterinary medicine general sales list which may be traded by veterinary surgeons and all categories of veterinary paraprofessionals and includes—(i)pest control veterinary medicines provided that the medicine are sold in the original package without repackaging and with an intact label;(ii)endoparasiticide veterinary medicines considered safe for use in food animals;(iii)endoparasiticide veterinary medicines for use in non-food animals; or(iv)any other product the Directorate may prescribe.(d)Category IV which includes alternative veterinary medicine general sales list.

34. Use of veterinary pesticides

(1)A veterinary pesticide shall be—(a)sold only in the original sealed and labeled package as registered by the Council;(b)stored in accordance with the instructions on the label on the original container; and(c)used according to the instructions on the label.
(2)The empty container of a veterinary pesticide shall be disposed in accordance with the instructions given on the label.
(3)A person who removes or defaces a label on a veterinary pesticide or package commits an offence.
(4)A person who sells, dispenses or otherwise gives out a veterinary pesticide in contravention of this Regulation commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding twelve months or to both.

Part V – VETERINARY PHARMACY

35. Standards of Veterinary Pharmacy

(1)A veterinary pharmacy shall satisfy the following minimum standards—(a)be located away from known fire hazards;(b)be a separate entity from other veterinary operations such as veterinary clinic, ambulatory and laboratory services;(c)be separated from non-complementary businesses;(d)have restricted access by personnel to Category I and II veterinary medicine; and(e)be vermin-proofed, including protection against insects and rodents.
(2)A veterinary pharmacy shall—(a)demonstrate adequate security for the safety of veterinary medicine;(b)demonstrate appropriate storage conditions that shall maintain the temperature, lighting and humidity requirements as prescribed in the manufacturers' specifications of veterinary medicines;(c)have the floor and the wall of the building constructed from materials that are easy to clean, impervious and resistant to corrosion by chemicals;(d)have lockable safety cabinets to protect the controlled veterinary medicines;(e)provide the personnel with protective clothing for use only within the premises;(f)be of appropriate size and have sufficient space for carrying out of all necessary operations provided for the orderly receipt, warehousing and dispatch of the various classes of veterinary medicines and, in particular, a quarantine area for isolation when necessary, including isolation of faulty packs and recalled or expired veterinary products;(g)provide a disposal system, acceptable to the Council, for safe disposal of expired veterinary medicines;(h)be operated by competent staff as provided for in the permit;(i)display warning notices indicating hazardous areas;(j)label the various sections in the business;(k)store veterinary medicines only in the designated areas, which shall be labeled;(l)have emergency lighting, fire-fighting equipment and fully equipped first aid kit;(m)display emergency protocols within the veterinary pharmacy advising personnel on procedures to follow in case of emergencies;(n)display standard operating procedures;(o)retain records of the movement of all veterinary medicines for at least five years; and(p)provide separate sanitary facilities for each gender.

36. Qualifications to operate a veterinary pharmacy

A person who is a veterinary surgeon, or holds an equivalent qualification in matters of pertaining to veterinary medicines as determined by the Council, may apply to the Council for a permit to undertake a veterinary pharmacy.

37. Council to approve veterinary pharmacy businesses

(1)The Council shall have power to approve any of the following types of veterinary pharmacy businesses—(a)manufacturing of veterinary medicines;(b)wholesaling of veterinary medicines; and(c)retailing of veterinary medicines.
(2)Upon approval of the veterinary business specified under paragraph (1), the Council shall register the veterinary pharmacy premises in Form J set out in the Third Schedule.

38. Practicing permit

(1)A person shall not practice the business of veterinary pharmacy unless he holds a valid practicing permit issued by the Council.
(2)A person who intends to practice the business of veterinary pharmacy shall make an application in Forms H1, H2 and H2, respectively of the Third Schedule.
(3)The Council shall issue a practicing permit if the premises in which the applicant intends to operate has been approved by the Council in accordance with these Regulations.
(4)An application for a practicing permit shall be in —(a)Form I.1 for veterinary pharmacy practitioner;(b)Form I.2 for a wholesaler dealer permit; or(c)Form I.3 for manufacturers' permit.
(5)An applicant under paragraph (1) shall, on approval of the application, by the Council, pay the fee prescribed in the Fifth Schedule.
(6)The Council, upon confirming that the applicant has satisfied the conditions of a permit, and upon payment of the fee under paragraph (4) issue an applicant with a practicing permit as set out in Form A set out in the Third Schedule for veterinary pharmacy practices and Form B for wholesale pharmacy practice.
(7)The practice permit shall be valid for a period of one year commencing on the 1st of January and ending on the 31st of December of each year.
(8)The Council shall by the 31st March of every year publish, in the Kenya Gazette or in a newspaper of wide national circulation, the registered veterinary pharmacy businesses.
(9)A person who conducts the business of veterinary pharmacy in premises not registered by the Council under these Regulations commits an offence, and shall be liable, on conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding twelve months or to both.

39. Practice permit to be displayed

(1)A person who carries on the business of a veterinary pharmacy shall display his practice permit on a conspicuous place within the premises in which the business is being carried on.
(2)A person who contravenes the provisions of this Regulation commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding twelve months or to both.

40. Wholesale permit

A person who intends to trade in veterinary medicines, in bulk , shall make an application to the Council for a wholesale permit and support the application with the following—(a)a certified copy of the certificate of registration or incorporation of the business name or body corporate and the memorandum and articles of association;(b)provide evidence that the business is under the management of a supervisor who—(i)is a registered veterinary surgeon permitted to carry out the business of veterinary pharmacy; and(ii)is a member of the Board of directors of the body corporate, and who is not acting in a similar capacity for any other body corporate.

41. Retail permit

(1)A person who intends to trade in veterinary medicines as a retailer shall make an application to the Council for a retail permit in Form H set out in the Third Schedule.
(2)This regulation shall be applicable to a manufacturer and a wholesaler of veterinary medicines who desires to carry out retail trade.

Part VI – VETERINARY PHARMACY AND COMPLEMENTARY BUSINESSES

42. Complementary businesses

(1)A veterinary pharmacy may be conducted alongside complementary businesses including the sale of human medicines, horticultural chemicals, agro-forestry chemicals and fertilizer, animal foodstuffs, seeds and agricultural equipment.
(2)The building or premises of a veterinary pharmacy stocking or trading in complementary businesses referred to in paragraph (1), shall be built or adapted in such manner as to provide a separate and distinct partition for the veterinary products from any other products.
(3)In addition to the provisions of paragraph (2), the premises shall be built or adapted in such manner as to provide separate and distinct partitions for veterinary medicines and veterinary pesticides such that no mixing of the two classes of products is permissible.

43. Stock, supply and distribution of veterinary medicine

(1)A veterinary medicine shall be supplied or distributed only through a wholesale or retail business registered as a veterinary pharmacy business.
(2)A holder of wholesale or veterinary pharmacy permit issued by the Council may sell veterinary medicines in bulk to registered retail dealers.
(3)A holder of a retail dealer permit, issued by the Council, may sell veterinary medicines to the public.
(4)A person shall not supply authorised human medicinal product for administration to an animal other than a product supplied by a veterinary surgeon or in accordance with a written prescription from a veterinary surgeon.
(5)A veterinary pharmacy practitioner who dispenses a veterinary medicine belonging to Category I or II to any member of the public without a prescription, commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding twelve months or to both.

Part VII – MARKET AUTHORIZATION

44. Authorization to import or export veterinary medicine

(1)A person who intends to import or export a veterinary medicine shall apply to the Council for a permit in Form K set out in the Third Schedule.
(2)The Council shall in determining the application under paragraph (1) consider whether the applicant has met the conditions for importation and exportation in these Regulations, and if so, shall on payment of the prescribed fee, issue the applicant with an import permit in Form L set out in the Third Schedule.
(3)A holder of a market authorization may apply to the Council for a wholesale permit to authorize him to import the veterinary medicine specified in the authorization.
(4)An authorised wholesale dealer may import a veterinary medicine if —(a)the authorization covers the veterinary product; and(b)the wholesale dealer has acquired the written consent of the holder of the market authorisation in writing before importation.
(5)A veterinary surgeon may, with approval of the Council, import an orphan veterinary medicine.

Part VIII – VETERINARY MEDICINE INSPECTORS

45. Appointment of veterinary medicine inspectors

The Council shall appoint duly qualified persons on such terms and conditions of service as it may deem appropriate, to serve as veterinary medicine inspectors.

46. Identification of veterinary medicines inspector

(1)The Council shall publish in the Kenya Gazette every inspector appointed under regulation 45 and issue each inspector with an official identity card which shall have a passport size photo of the inspector, duly stamped and signed by the Chief Executive Officer or his authorized agent.
(2)Every inspector shall, in conducting inspections under these Regulations, identify himself using the identity card issued under paragraph (1).
(3)A person who ceases to be an inspector shall surrender his identify card to the Chief Executive Officer or his authorized agent.

47. Powers of veterinary medicines inspectors

(1)An inspector shall have the power, at all reasonable times, to —(a)enter upon the premises of any manufacturer, distributor or veterinary pharmacy and to inspect any books, papers, records or writings, veterinary medicines, whether patent or otherwise, or any article stored or offered for sale or used in the business; or(b)enter any premises in which he has reasonable cause to suspect that a breach of the law has been or is being committed, and to make such examination and inquiry and to do such other activities, including impounding and seizing suspect veterinary products, closing suspect premises and the taking of samples, as may be necessary for the purpose of ascertaining whether the provisions of these Regulations are being complied with.
(2)An inspector shall —(a)for the purpose of inspecting a veterinary medicine use Form F set out in the Third Schedule; and(b)for any impounding of suspect veterinary medicines, use Form G set out in the Third Schedule.
(3)An inspector shall observe confidentiality in the findings of his inspection.
(4)An inspector shall be liable for any act of negligence he may commit in the performance of his duties.

Part IX – FINANCIAL PROVISIONS

48. Funds of the Directorate

(1)The funds of the Directorate shall comprise of —(a)such monies as may be appropriated by Parliament for the purposes of the Directorate;(b)such monies as may accrue to or vest in the Directorate in the course of the exercise of its functions under these Regulations; and(c)monies from any other source provided for, donated or lent to the Directorate.

49. Financial year

The financial year of the Directorate shall be the period of twelve months from first July to thirtieth of June.

50. Annual estimates

(1)Three months before the commencement of each financial year, the Council shall cause to be prepared estimates of revenue and expenditure of the Directorate for that year.
(2)The annual estimates shall make provision for all the estimated expenditure of the Directorate for the financial year concerned, and in particular shall provide for—(a)the payment of salaries, allowances and other charges in respect of the staff of the Directorate;(b)the payment of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the Directorate;(c)the proper maintenance of buildings and grounds of the Directorate;(d)the acquisition, maintenance, repair and replacement of the equipment and other movable property of the Directorate; and(e)the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment or in respect of such other matter as the Directorate may find appropriate.
(3)The annual estimates shall be approved by the Council before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval.
(4)The Directorate shall not increase any sum provided in the estimates without the consent of the Cabinet Secretary.

51. Investment of funds

The Council may invest any of the funds of the Directorate in a manner approved by the Treasury for the investment of trust funds.

52. Accounts and Audit

(1)The Council shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Directorate.
(2)The accounts of the Directorate shall be audited in accordance with the Public Finance Management Act, 2012 (No. 18 of 2012).

Part X – OFFENCES

53. Offences

A person commits an offence if that person —(a)imports, exports, manufactures, stores, distributes, sells or otherwise handles a veterinary medicine that has not been registered under these Regulations;(b)imports a veterinary medicine without a permit issued under these Regulations;(c)manufactures, stores, distributes or sells a veterinary medicine in premises which have not been registered under these Regulations;(d)presents for sale or distribution, expired, adulterated, Counterfeit or unlabeled veterinary medicines;(e)sells a veterinary medicine in any form other than the original sealed and labeled package, as registered with the Directorate;(f)sells or distributes a veterinary medicine in any other area other than a registered premises;(g)uses a veterinary medicine for purposes other than that for which it was registered, prescribed or dispensed;(h)supplies human medicinal product for administration to an animal in contravention of these Regulations;(i)is in possession of a Category I or Category II veterinary medicine other than in accordance with these Regulations;(j)advertises a veterinary medicine in contravention of these Regulations;(k)buys a veterinary medicine for resale in bulk while not being in possession of a wholesale dealer permit issued under these Regulations;(l)sells a veterinary medicine to the public while not being in possession of a retail dealer's permit issued in accordance with these Regulations;(m)undertakes research on imported and unregistered veterinary medicine without authorization from the Council;(n)obstructs or fails to assist the Council or veterinary medicine inspector in the performance of their lawful duties under these Regulations;(o)provides the Council or inspector with false or misleading information;(p)operates a veterinary pharmacy after it has been closed by an inspector; or(q)contravenes any provision of these Regulations.

54. Officers of corporations

If an institution commits an offence under these Regulations, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in, or participated in the commission of the offence shall be a party to and shall be considered to have committed the offence and shall be liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

55. Passing confidential information without authorization

A member of the Council or staff of the Directorate, who —(a)being in possession of confidential information, however obtained without authorization of the Council —(i)divulges it; or(ii)attempts, offers or threatens to divulge it,other than in accordance with these Regulations or other written law; or(b)willfully obtains or seeks to obtain confidential information to which he is not entitled, commits an offence.

56. Penalties

A person who contravenes these Regulations where no Penalties. penalty has been prescribed, shall on conviction be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding twelve months, or to both.

Part XI – GENERAL PROVISIONS

57. Advertising veterinary standards for medicines

(1)A person who intends to advertise a veterinary medicine, shall make an application to the Council for authority to advertise.
(2)The Council may, on payment of the requisite fee and subject to such conditions as the Council or these Regulations may impose, grant the authorization applied for under paragraph (1).
(3)An advertisement for a veterinary medicine shall not be misleading or contain any medicinal claim that is not in the summary of the product characteristics registered with the Council.
(4)A veterinary medicine listed under Category I and II shall not be advertised unless —(a)in the case of a veterinary medicine listed under Category I, the advertisement is aimed at veterinary surgeons; and(b)in the case of a veterinary medicine listed under Category II, the advertisement is aimed at veterinary surgeons or suitably qualified persons as recognized by the Council.
(5)A veterinary medicine listed in Category III and IV may be advertised to general members of the public.

58. Exemptions to Regulations

These Regulations do not apply to —(a)inactivated autogenous vaccine that is manufactured, on the instructions of a veterinary surgeon, from pathogens or antigens obtained from an animal and used for the treatment of that animal or —(i)other animals on the same site;(ii)animals intended to be sent to those premises; or(iii)animals on a site that receives animals from those premises; or(b)animal foodstuff supplements with no therapeutic claim.

59. Discretion of Council

The Council shall have the discretion to —(a)approve the importation and use of any veterinary medicine for handling emergency situations;(b)cancel the registration of any veterinary medicine that is considered to be harmful to animal and human health and the environment; or(c)restrict the use of any specified veterinary medicine.

60. Copy of certificate or authorization

(1)A person who has been issued with a certificate or authorization under these Regulations may, if the certificate or authorization is defaced, damaged or lost, on application to the Council and on payment of the prescribed fee, be issued with a copy of the certificate.
(2)The copy of a certificate or authorization issued under paragraph (1) shall —(i)be issued only where the document is in force at the time the application is made;(ii)be valid for the same period as the original document; and(iii)bear the words "DUPLICATE COPY".

61. Fees

Any fees payable under this Act is as set in the Fifth Schedule.

62. Supercession

These Regulations shall supersede any other Regulations on matters concerning veterinary medicines.

63. Transition and validity of licences and permits

Upon the commencement of these Regulations any certificate in force shall be deemed to have been issued under these Regulations and shall remain in force until its expiry.

FIRST SCHEDULE [r. 8(6)]

CONDUCT OF THE AFFAIRS OF THE COUNCIL

1. Meetings of the Council.

The Council shall meet at least four times in a year and not more than eight times a year, except in case of an emergency, for the transaction of its business, and such meetings shall be held at such places and times and on such days as the Council may determine.

2. Chairperson and vice-charperson

(1)The Council shall at its first meeting elect its vice-chairperson from among the three members appointed under regulation 8(3)(f).
(2)The Chairperson shall preside at all meetings of the Council at which he is present, and in case of his absence the vice-chairperson shall preside, but in the absence of both the chairperson and vice-chairperson, members present and constituting a quorum shall elect one among their number to be the chairperson for purposes of the meeting.

3. Quorum

The quorum of a meeting of the Council shall be five, at least three of whom shall be veterinary surgeons.

4. Decisions of Council

The decisions of the Council shall be by a simple majority of the votes of the members present, but in the case of an equality of votes, the Chairperson or person presiding shall have a casting vote.

5. Minutes

(1)The Minutes of each meeting shall be kept in the minute book, after they have been confirmed by the Council and signed by the Chairperson at a subsequent meeting of the Council.
(2)The deliberations and minutes of meetings of the Council shall be confidential.

6. Vacancy not to invalidate proceedings

No proceedings of the Council shall be invalid by reason only of a vacancy among the members thereof.

7. Council to determine own procedure

Subject to this Schedule, the Council may determine its own procedure.

8. Invitation of other persons

The Council may invite any person to participate in its deliberations but a person who has been invited shall have no right to vote.

SECOND SCHEDULE [rr. 32(1) & 33(1).]

CONDUCT OF THE AFFAIRS OF THE COUNCIL

Part I – CLASSES OF VETERINARY MEDICINES

1.List of veterinary pharmaceuticals.(i)Antimicrobials(ii)Antiparasitic(iii)Analgesics and anti-inflammatories(iv)Drugs acting on the nervous system(v)Cytotoxic agents(vi)Other systemic therapeutic agents(vii)Local therapeutic agents2.List of biologicals(i)Vaccines.(ii)Toxoids.(iii)Antisera.(iv)Antigens.(v)Probiotics and enzymes.(vi)Hormones.3.List of nutrients(i)Vitamins.(ii)Minerals.(iii)Amino acids.(iv)Oils.(v)Sugars.4.Equipment and materials.(i)Surgicals.(ii)Veterinary medicine administration devices.(iii)Any other material and equipment of veterinary relevance.5.List of alternative medicines.(i)Preventive.(ii)Curative.(iii)Performance enhancers.6.List of poisons.(i)Acaricides(ii)Molluscicides(iii)Insecticides(iv)Rodenticides(v)Any other pesticides of veterinary relevance(vi)And other ecto-parasiticides(vii)substances used for euthanasia

Part II – CATEGORIES OF VETERINARY MEDICINES

CATEGORY I

(a) Prescription Only Medicine—Veterinary surgeon (abbreviated to POM-V);

Category I A POM-V Controlled Veterinary Medicine

1.Amphetamine.2.Apomorphine; its salts.3.Butorphanol.4.Carfentanil.5.Coca, alkaloids of.6.Cocaine.7.Thiofentanil.8.Etorphine.9.Fentanyl; its salts.10.Etoxeridine.11.Morphine and its derivatives.12.Alfentanil.13.Methadone (amidone); its salts.14.Pethidine.15.Phenomorphan; its salts.16.Phenoperidine; its salts.17.Strychnine.18.Sufentanil.19.Any other veterinary medicine relevant in the category.

Category IB — Other POM - V

(1)Alkali fluorides, other than those specified in Part II of this List.
(2)Chlorpropamide; its salts.
(3)Acetaminophen.
(4)Acetohexamide.
(5)Adrenal hormones.
(6)Adrenaline.
(7)Alkaloids, the following; their salts, simple or complex.
(8)Amidopyrine; its salts; amidopyrine sulphonates; their salts.
(9)Amino-alcohols esterified with benzoic acid, phenylacetic acid, phenylpropionic acid, cinnamic acid or the deriv.
(10)Amitriptyline; its salts.
(11)Atipemazole.
(12)Atropine.
(13)Azaperone.
(14)B-Aminopropylbenzene and B-aminoisopropylbenzene and any compound structurally derived from either of the
(15)Barbituric acid; its salts; derivatives of barbituric acid; their salts; compounds of barbituric acid, their salts, their
(16)Belladonna, alkaloids of.
(17)Benzoestrol.
(18)Busulphan; its salts.
(19)Carbachol.
(20)Carbinoxamine.
(21)Chlorcyclizine.
(22)Chlordiazepoxide; its salts.
(23)Chlormethiazole; its salts.
(24)Chloroform.
(25)Chlorothiazide.
(26)Chlorpheniramine.
(27)Codeine.
(28)Curare, alkaloids of; curare bases.
(29)Cyclizine.
(30)Diclofenac.
(31)Dehydroemetine; its salts.
(32)Derivatives of stilbene, dibenzyl or naphthalene with oestrogenic activity; their esters.
(33)Detomidine.
(34)Dextromethorphan; its salts.
(35)Diazepam.
(36)Diethylcarbamazine.
(37)Digitalis, glycosides of; other active principles of digitalis.
(38)Diphenhydramine.
(39)Disulfiram.
(40)Doxapram.
(41)Doxylamine.
(42)Ecothiopate iodide.
(43)Ergonine; its esters.
(44)Ergot, alkaloids of, homologues and hydrogenated.
(45)Ethionamide.
(46)Fluoroacetamide.
(47)Fluoroacetanilide.
(48)Furethidine; its salts.
(49)Gallamine; its salts.
(50)Glutethimide; its salts.
(51)Haloperidol.
(52)Homatropine.
(53)Hyaluronidase
(54)Hydroxypethidine; its salts.
(55)Hyoscine.
(56)Hyoscyamine.
(57)Imipramine; its salts.
(58)Indomethacin; its salts.
(59)Insulin.
(60)Isoniazid.
(61)Ketamine
(62)Medetomidine
(63)Mephenesin; its esters.
(64)Meprobamate.
(65)Mercaptopurine; its salts; derivatives of mercaptopurine; their salts.
(66)Metformin; its salts.
(67)Methocarbamol.
(68)Midazolam
(69)Monofluroacetic acid; its salts.
(70)Nalorphine; its salts
(71)Diprenorphin
(72)Naloxone
(73)Naltrexone
(74)Ouabin.
(75)Oxyphenbutazone.
(76)p-Aminobenzenesulphonamide; its salts, derivatives of p-amino- benzenesulphonamide having any of the hydrogi
(77)p-Aminobenzoic acid, esters of; their salts.
(78)p-Amino-salicylic acid; its salts; any preparation of p-Amino salicylic acid; its salts.
(79)Parenteral Antibiotics.
(80)Parenteral Anti-histamine substances, the following; their salts; their molecular compounds—
(81)Parenteral Arsenical substances
(82)Pephanazine
(83)Phenamidine; its salts.
(84)Phenazocine; its salts.
(85)Phencyclidine; its salts.
(86)Phenformin; its salts.
(87)Phenindamine.
(88)Pheniramine.
(89)Phenothiazine, derivatives of
(90)Phenylbutazone.
(91)Phenyltoloxamine.
(92)Pholcodine; its salts.
(93)Phosphorus injectable.
(94)Picrotoxin.
(95)Pituitary hormones.
(96)Promethazine.
(97)Quinapyramine and analogous substances; their salts.
(98)Quinuronium; its salts.
(99)Rauwolfia, alkaloids of; their derivatives.
(100)Steroid compounds with androgenic or oestrogenic or progestational activity; their esters.
(101)Suxamethonium
(102)Thallium, salts of.
(103)Thyroid hormones.
(104)Tolbutamide.
(105)Tiletamine; its salts.
(106)Tripelennamine
(107)Vaccines,
(108)Xylazine
(109)Yohimbine.
(110)Zoletil
(111)Zuclopenthixol
(112)Any other veterinary medicine relevant in the category

CATEGORY II —PRESCRIPTION ONLY MEDICINE (POM-VT)

Prescription Only Medicine—Veterinary surgeon

(1)Aconite.
(2)Androgenic, oestrogenic and progestational substances,
(3)Antibiotics
(4)Anti-histamine substances, the following; their salts; their molecular compounds
(5)Arsenic.
(6)Atropine.
(7)Barbiturates.
(8)Belladonna, alkaloids.
(9)Benzene derivatives.
(10)Benzimidazoles
(11)Busulphan; its salts.
(12)Carbachol.
(13)Carbinoxamine.
(14)Chloral hydrate.
(15)Chlorcyclizine.
(16)Chloroform.
(17)Chlorpheniramine.
(18)Codeine.
(19)Curare,
(20)Cyclizine.
(21)Deltamethrin.
(22)Dextromethorphan; its salts.
(23)Diazepam.
(24)Digitalis, glycosides of; other active principles of digitalis.
(25)Diphenhydramine.
(26)Disulfiram.
(27)Doxylamine.
(28)Dyflos,
(29)Emetine.
(30)Emetine; its salts.
(31)Ergonine
(32)Fipronil
(33)Formaldehyde.
(34)Formic Acid.
(35)Glyceryl trinitrate.
(36)Halogeneted Salicylanides and Nitrophenols
(37)Hormones.
(38)Hydrochloric acid.
(39)Hydroxypethidine; its salts.
(40)Hyoscine.
(41)Hyoscyamine.
(42)Imidacloprid
(43)Imidazothiozoles,
(44)Imipramine.
(45)Indomethacin; its salts.
(46)Insulin.
(47)Macrocyclic lactones
(48)Meclozine.
(49)Mercaptopurine; its salts; derivatives of mercaptopurine; their salts.
(50)Mercury and its compound.
(51)Meprobamate.
(52)Metallic oxalates, other than potassium quadroxalate, if in the form of photographic solutions
(53)Monofluroacetic
(54)Nitric acid.
(55)Phenamidine; its salts.
(56)Phenbutazone.
(57)Phenindamine.
(58)Pheniramine.
(59)Phenols.
(60)Phenothiazine.
(61)Phenylbutazone.
(62)Phenylene diamines; toluene diamines; other alkylated-benzenediamines; their salts.
(63)Pholcodine; its salts.
(64)Phosphorous compounds,
(65)Potassium quadroxalatc
(66)Potassium permanganate
(67)Praziquantel
(68)Promethazine.
(69)Quinethazone
(70)Quinapyramine.
(71)Quinuronium.
(72)Sodium hydroxide.
(73)Sodium nitrite.
(74)Sulphonamides,
(75)Sulphonamides, parenteral.
(76)Sulphuric acid.
(77)Tripelenamine
(78)Vaccines, administered by a veterinary surgeon or veterinary paraprofessional
(79)Yohimbine.
(80)Zinc Phosphide.
(81)Any other veterinary medicine relevant in the category

CATEGORY III — Authorized Veterinary Medicines —General Sales List (AVM-GSL)

(1)Amitraz
(2)Benzimidazoles, oral preparation of
(3)Carbamates
(4)Creosot obtained from wood.
(5)Croton, oil of.
(6)Dyflos, except the preparations in Part 2
(7)Ecothiopate.
(8)Febantel
(9)Fluoroacetamide.
(10)Fluoroacetanilide.
(11)Guanidines,
(12)Hydroxy-N-N-dimethyltryptamines, esters or ethers of these; salts of any of the foregoing.
(13)Imidazothiozoles, oral preparation of
(14)Mephenesin; its esters.
(15)Monofluroacetic except the preparation in Part 2
(16)Organophosphate
(17)Oxantel
(18)p-Amino-salicylic acid; its salts; any preparation of p-Amino salicylic acid; its salts.
(19)Piperidine.
(20)polymethylene diguanidines; di-p-anisyl-p-phenetylguanidine.
(21)Praziquantel oral preparation
(22)Pyrantel
(23)Pyrethrins
(24)Pyrethroids
(25)Sulphonamides, oral and topical preparations.
(26)Thallium,
(27)Toxaphene.
(28)Tanning chemicals
(29)Any other veterinary medicine relevant in the category

CATEGORY IV- Alternative Veterinary Medicine — General Sales List (AItVM-GSL)

(1)Anthelmintic preparations
(2)Anti-inflammatory preparations
(3)Antibacterial preparations
(4)Antifungal preparations
(5)Antispasmodic preparations
(6)Diuretics
(7)Cardiotonic agents
(8)Expectorants
(9)Sedatives
(10)Rubefacent preparations
(11)Laxatives, purgatives and cathartics.
(12)Biopesticide preparations
(13)IGalactagogue preparations
(14)Antiprotozoa preparations
(15)Disinfectants and antiseptics
(16)Any other veterinary medicine relevant in the category

THIRD SCHEDULE [rr. 23(1) & 38(6).]

FORMS

FORM A

APPLICATION FOR REGISTRATION OF A VETERINARY MEDICINE

(to be submitted as one original hard-copy and one electronic copy in MS-Word)The RegistrarVeterinary Medicines DirectorateKABETE
Application Number  

APPLICATION FOR THE REGISTRATION OF VETERINARY PESTICIDES

FORM B

[Reg. 23 (b)]

[to be submitted as one original hard-copy and one electronic copy (in MS-Word)]The DirectorVeterinary Medicines DirectorateKABETEInformation for Applicants1.The application form must be completed by a duly authorized person.2.Every application must be accompanied by 3 copies of the draft label as per VMD requirements.3.The applicant may be required to submit:-(a)a sample of the veterinary pesticide;(b)a sample of the technical grade of its active ingredient;(c)a sample of the laboratory standard of its active ingredient;(d)any other sample as may be required by the Council.4.The application must be accompanied by a technical dossier as per VMD data Requirements.5.An applicant who is not a resident in Kenya shall appoint as an agent a person who is permanently resident in Kenya and duly recognized by the Veterinary Medicines Directorate.

SUMMARY OF THE DATA SUBMITTED TO THE VMD FOR REGISTRATION OF A VETERINARY PESTICIDES

PART I

FOURTH SCHEDULE [r. 17.]

CODE OF CONDUCT FOR MEMBERS OF AND EMPLOYEES OF THE DIRECTORATE

1. Impartiality and independence of members

(1)Every member and employee of the Directorate shall impartially and independently perform the functions of a member in good faith and without fear, favour or prejudice, and without influence from—(a)the National or County Government;(b)any public officer;(c)any political party;(d)any candidate participating in an election; or(e)any other person or authority.

2. Independence from political or public office

(1)A member or employee of the Directorate shall not, during tenure of office, be eligible for—(a)appointment or nomination to a political office; or(b)appointment to another public office.
(2)A member of the Directorate may not—(a)by their membership, association, statement, conduct or in any other manner place in jeopardy the perceived independence of the member, or in any other manner harm the credibility, impartiality, independence or integrity of the Directorate;(b)make private use of or profit from any confidential information gained as a result of being a member of the Directorate; or(c)divulge any information to any third party, save in the of official duty.

3. Disclosure of conflicting interests

(1)If a member or an employee is directly or indirectly interested in any contract, proposed contract or other matter before the Council and is present at any meeting of the Council at which the contract, proposed contract or other matter is the subject of consideration, the member or employee shall, at the meeting and as soon as practicable after the commencement thereof, disclose the fact and shall not take part in the consideration or discussion of, or vote on, any questions with respect to the contract or other matter or be counted in the quorum of the meeting during consideration of the matter.
(2)A member or employee whose personal interest conflicts with their official duties shall—(a)declare the personal interests to their supervisor or other appropriate person or body in writing and comply with any directions given to avoid the conflict; and(b)refrain from participating in any deliberations with respect to the matter.
(3)No member of staff of the Directorate shall transact business with the Directorate directly or indirectly.

4. Professionalism

A member or employee of the Directorate shall—(a)perform their duties in a manner that promotes and maintains public confidence in the Directorate;(b)treat the public and colleagues with courtesy and respect;(c)discharge all their duties in a professional, timely and efficient manner and in line with the rule of law; and(d)respect the rights and freedom of all persons that he may interact with.

5. Improper enrichment

A member or employee of the Directorate shall not—(a)use their office or organization to improperly enrich themselves or others;(b)accept or request gifts or personal favours from any person who may have a commercial interest with the Directorate or any other interest that may be affected by the normal business of the Service; or(c)use information that is acquired during the course of their duties or connected to their duties for their benefit or for the benefit of others

6. Integrity in private affairs

A member or employee shall conduct their private affairs in manner that maintains public confidence in the integrity of their office and the Directorate as a whole and shall—(a)not evade paying taxes;(b)not neglect their financial obligations;(c)submit an annual declaration of their income, assets and liabilities to the Commission responsible for such declarations from public officers;(d)not engage in political activity that may compromise or be seen to compromise the neutrality of their office, or the Directorate; and(e)not preside over or play a central role in the organization of a fundraising activity.

7. Sexual harassment

(1)A member or employee shall not sexually harass a member of the public or colleague.
(2)Sexual harassment includes —(a)making a request or exerting pressure for sexual activity or favours;(b)making intentional or careless physical contact that is sexual in nature; or(c)making gestures, jokes or comments, including innuendoes regarding another person's sexuality.

8. Nepotism

A member or employee shall not practice favouritism on the grounds of tribe, race, kin, culture, sex or acquaintance or otherwise in performance of their duties.

9. Application of the Public Officers Ethics Act

This Code is in addition to the provisions of the Public Officers Ethics Act and where there is a conflict between the Code and these Regulations, the provisions of the Act shall prevail.

10. Breach of code

Any breach of the Code by a member or officer of the Service shall be treated as gross misconduct.
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