Canada: Rules Change For Veterinary Use Of Antimicrobials

Amendments to the Food and Drug Regulations regarding the use of antimicrobial drugs in animals will come into force beginning on November 13, 2017.1 Nearly 80% of the antimicrobial drugs sold in Canada are for use with animals. The amendments aim to mitigate health risks associated with antimicrobial resistance by increasing the regulatory oversight of antimicrobials for veterinary use while introducing an alternative, less burdensome pathway for low-risk veterinary health products (VHPs). This bulletin provides an overview of the amendments.

What You Need To Know

  • Increased quality standards: veterinary active pharmaceutical ingredients (APIs) imported or sold in Canada must be manufactured in accordance with good manufacturing practices (GMPs); a drug establishment licence (DEL) will be required for persons who import, fabricate, package, label or test veterinary APIs.
  • "Own use importation" of unauthorized veterinary drugs for food-producing animals will be restricted to List B Drugs.
  • Sales volume information: manufacturers, importers and compounders of veterinary antimicrobials will be required to report annual sales of medically important antimicrobial drugs to Health Canada by the intended animal species.
  • A notification program for veterinary health products (VHPs) will be implemented for low-risk veterinary health products described on List C used in maintaining or promoting the health and welfare of companion and food-producing animals.2 Companies will be required to:
    • notify Health Canada 30 days before selling a VHP or making a change to a marketed VHP;
    • have a label on the VHP that reads "Veterinary Health Product";
    • report to Health Canada any serious adverse drug reactions; and
    • meet the GMPs in the Natural Health Products Regulations (NHPR).
  • Significance of the amendments include:
    • increased compliance cost associated with new GMP and DEL for persons who import, fabricate, package, label or test veterinary APIs;
    • increased costs associated with sales volume reporting;
    • restricted access to unauthorized veterinary drugs through own use importation; and
    • facilitated access and reduced compliance cost for manufacturers and importers to legally market VHPs as a result of the new notification program.

Background

Antimicrobial resistance due to the use of antimicrobial drugs is a growing global health concern. Nearly 80% of the antimicrobial drugs sold in Canada are for use with animals. The new amendments to the FDR are intended to mitigate antimicrobial resistance problems.

Increase Quality Standards

The current law excludes veterinary APIs from both GMP requirements and the need for a DEL. The amendments require persons who fabricate, package, label, import or test a veterinary API to do so in accordance with a DEL. This requirement also applies to any person who imports, for the purpose of compounding, an antimicrobial for veterinary use set out on List A.3

These new rules for veterinary APIs take effect on May 17, 2018. There is an additional 14-month transition period ending July 17, 2019 to submit a DEL application. Veterinary APIs that fall under the definition of natural health product (NHP) will be regulated under that regime and exempt from the above requirements.

Restriction on Own Use Importation

Currently, veterinary APIs unauthorized for sale in Canada may be imported into Canada for personal use in food-producing animals under "own use importation." Effective November 13, 2017 the amendments prohibit the importation of a drug for the purpose of administering it to a food-producing animal or animal intended for consumption if its sale would contravene the Food and Drug Act (FDA) or regulations. The exceptions are the drugs on List B, which contains veterinary drugs that may be imported but not sold in Canada despite not being authorized for sale by Health Canada. Food animal producers will no longer be able to import unauthorized drugs for their own use except for List B drugs. Drugs may be added to this list by Health Canada.

Sales Volume Reporting

The amendments introduce a new reporting requirement for manufacturers and importers who sell veterinary drugs in dosage form that contains List A ingredients and for persons who compound such a drug. Starting with sales from the year 2018, an annual report must be provided to the Minister of Health identifying the total quantity sold or compounded and an estimate of the quantity sold or compounded for each intended animal species. The deadline for the sales volume report is March 31 of the following year.

Notification Program for VHPs

VHPs could be used as additional tools for managing the health of animals and potentially reduce the need to use antimicrobials. The new notification program formalizes the voluntary Interim Notification Pilot Program (INPP), which was aimed at providing oversight and facilitating the sale of VHPs. The objective of the program is to create a flexible and risk appropriate mechanism for manufacturers and importers to access low risk products for use in companion and food-producing animals.

A VHP is a drug described on List C in dosage form. The list contains active, homeopathic and traditional medicines or substances permitted in VHPs. Health Canada will amend this list from time to time. A VHP cannot be manufactured, sold or represented for use in the diagnosis, treatment, mitigation or prevention of the disease, disorder or abnormal physical state, or its symptoms. This means products making general health claims will be considered to be VHPs, whereas prescription drugs and drugs containing List A ingredients will not be.

Manufacturers and importers of VHPs will not be required to obtain Drug Identification Numbers (DINs) or hold DELs. However, GMP requirements of the NHPR apply to these products, and a label stating "Veterinary Health Product"; is required. In addition, manufacturers and importers will be required to notify Health Canada at least 30 days before commencing the sale of a VHP or making a change to a marketed VHP. Although not required by regulation, Health Canada intends to verify each VHP to ensure it has been correctly notified.

The amendments require manufacturers or importers to report any VHP serious adverse drug reactions to Health Canada. Furthermore, the Minister can require the manufacturer or importer to provide information if there are reasonable grounds to believe the VHP is no longer safe. The Minister will be able to stop the sale if no or insufficient information is provided, or if the sale represents a contravention of the FDA or FDR. The Minister will be able lift a direction to stop sale if the situation giving rise to the stop sale did not exist or has been corrected.

Footnotes

1 See: http://www.gazette.gc.ca/rp-pr/p2/2017/2017-05-17/html/sor-dors76-eng.php

2 See: https://www.canada.ca/en/public-health/services/antibiotic-antimicrobial-resistance/animals/veterinary-health-products/list-c.html

3 See: https://www.canada.ca/en/public-health/services/antibiotic-antimicrobial-resistance/animals/veterinary-antimicrobial-sales-reporting/list-a.html

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions