Veterinary Activities Organisation Act

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Veterinary Activities Organisation Act
Passed 16 June 1999
(RT1 I 1999, 58, 608; consolidated text RT I 2002, 13, 79),
entered into force 1 January 2000,
amended by the following Acts:
06.11.2002 entered into force 01.01.2003 - RT I 2002, 96, 566;
19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387;
19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375;
23.01.2002 entered into force 01.07.2002 - RT I 2002, 18, 97.
Chapter 1
General Provisions
§ 1. Scope of application of Act
(1) This Act provides the bases for the organisation of veterinary activities.
(2) Veterinary activities are a system of measures applied to protect animal and human
health and to ensure the welfare of animals which includes activities in the areas of
animal health, animal product hygiene and animal protection.
(3) Veterinary activities are divided into veterinary supervision and veterinary practice.
(4) Veterinary services are services provided within the scope of veterinary activities.
(5) The provisions of the Administrative Procedure Act (RT I 2001, 58, 354; 2002, 53,
336; 61, 375) apply to administrative proceedings prescribed in this Act, taking account
of the specifications provided for in this Act.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
§ 2. Animal and animal product
(1) For the purposes of this Act, an animal is any mammal, bird, reptile, amphibian, fish
or invertebrate living in artificial conditions or freely in the wild.
(2) For the purposes of this Act, a farm animal is an animal kept or bred with the
objective of producing animal products.
(3) For the purposes of this Act, a household pet is an animal kept with the objective of
providing personal entertainment or company to humans, or an animal intended to be
kept with such objective.
(4) Provisions concerning animals are also applied with regard to the sperm, ova and
embryos of animals.
(5) For the purposes of this Act, animal products are raw materials of animal origin and
products manufactured therefrom, and animal discharges and products manufactured
therefrom. The handling of animal products is the production, collection, processing and
sale of animal products, the transfer in any other manner of animal products for a charge
or without charge, the import and export of animal products, or other activities as a result
of which animal products become available to other handlers or to consumers.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
(6) For the purposes of this Act, a handler of animal products is a person who operates in
the areas of handling specified in subsection (5) of this section.
(7) Provisions concerning animal products also apply with regard to animal waste. For
the purposes of this Act, animal waste is the carcases of animals, and animal products
unfit for human consumption. Animal droppings are not deemed to be animal waste.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
§ 3. Veterinarian and veterinary technician
(1) A veterinarian is a person who has completed an academic education in veterinary
medicine.
(2) A veterinary technician is a person who has completed a secondary vocational
education on the basis of a veterinary medicine curriculum.
Chapter 2
State Veterinary Supervision
§ 4. Main objectives of state veterinary supervision
The main objectives of state veterinary supervision are to:
1) supervise compliance with the requirements of this Act and other veterinary
legislation;
2) organise diagnosis, prophylaxis and control of infectious animal diseases, and
supervise compliance with animal health and animal protection requirements;
(13.12.2000 entered into force 01.07.2001 - RT I 2001, 3, 4)
3) protect human health against diseases which are common to both humans and animals
and control such diseases in animals;
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
4) organise laboratory research for the diagnosis of animal disease and the assessment of
the properties of animal products, feedingstuffs of animal origin, hay, straw, medicated
feedingstuffs and drinking water;
(23.01.2002 entered into force 01.07.2002 - RT I 2002, 18, 97)
5) apply measures to prevent infectious diseases of animals or infectious diseases which
may be passed on from animals to humans from being carried into Estonia from other
states, and perform veterinary checks of imported animals, animal products, animal
feedingstuffs and possible sources of infection;
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
6) supervise the identification and registration of farm animals and household pets, and
perform veterinary checks on the domestic movement of animals and animal products;
7) perform veterinary checks of animal products and assess their conformity to
requirements;
8) (Repealed - 14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
9) perform veterinary checks of feedingstuffs;
10) exercise supervision over livestock buildings and constructions and enterprises where
farm animals are reared and animal products handled;
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
11) approve building design documentation for livestock buildings and constructions and
enterprises where farm animals are reared and animal products handled;
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
12) protect the environment against hazardous factors resulting from the keeping of
animals, the handling of animal products and from animal disease;
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
13) monitor the use of medicinal products and medicated feedingstuffs by veterinarians
and by keepers of animals who engage in the production of animal products;
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
14) monitor the conformity of animals, animal products, food and raw material for food
exported from Estonia with the requirements established in the country of destination.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
§ 5. Organisation of state veterinary supervision
(1) State veterinary supervision shall be organised and exercised by the Veterinary and
Food Board.
(2) A veterinary supervisory official (hereinafter supervisory official) is an official of the
Veterinary and Food Board who exercises veterinary supervision. Veterinary supervisory
officials shall be educated in veterinary medicine. The Director General of the Veterinary
and Food Board and heads of local offices of the Veterinary and Food Board have the
right to authorise other persons who have completed a corresponding professional
education to exercise veterinary supervision.
(3) Veterinary technicians are permitted to participate in veterinary supervision under the
supervision and at the responsibility of supervisory officials.
(31) For the exercise of state veterinary supervision, the Director General of the
Veterinary and Food Board and the heads of local offices of the Veterinary and Food
Board have the right to appoint assistant supervisory officials and to determine their
competence. Training for assistant supervisory officials shall be organised by the
Veterinary and Food Board pursuant to the Adult Education Act (RT I 1993, 74, 1054;
RT I 1998, 71, 1200; 1999, 10, 150; 60, 617; 2002, 90, 521). The duties of assistants to
supervisory officials exercising supervision over the handling of meat, requirements for
the content of the corresponding training and the procedure for the issue of certificates
certifying the completion of the training shall be established by the Minister of
Agriculture.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
(4) The following are within the area of supervision of supervisory officials:
1) animals, animal products, feedingstuffs of animal origin, hay, straw, and medicated
feedingstuffs;
(23.01.2002 entered into force 01.07.2002 - RT I 2002, 18, 97)
2) keeping of animals and enterprises engaged therein;
3) handling of animal products and animal feedingstuffs, and enterprises engaged therein;
4) veterinary practice and enterprises engaged therein (hereinafter objects of supervision).
(5) The Veterinary and Food Laboratory, reference laboratories authorised according to §
6 of this Act and laboratories holding veterinary laboratory activity licences shall engage
in the analysis of samples obtained for veterinary supervision purposes.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
(6) The Veterinary and Food Board and the Veterinary and Food Laboratory have the
right to send samples obtained for veterinary supervision purposes to recognised foreign
laboratories or international reference laboratories.
(7) The costs incurred in the laboratory research of samples obtained in the process of
inspection of objects of supervision by supervisory officials and authorised veterinarians
shall be covered from the state budget.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
§ 6. Authorisation of reference laboratory
(1) For the purposes of this Act, reference laboratories are laboratories which provide
guidance to laboratories engaged in the diagnosis of animal diseases and co-ordinate their
activities.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
(2) Authorisation to operate as a reference laboratory shall be granted to one laboratory in
each area of activity.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
(3) Authority to operate as a reference laboratory shall be granted on the basis of a
written request from the laboratory and by a directive of the Minister of Agriculture,
which shall set out the scope of the authority.
(4) If there is no reference laboratory in an area of activity in Estonia, the Minister of
Agriculture has the right to authorise, on the proposal of the Veterinary and Food Board,
a foreign reference laboratory of the corresponding area of activity to operate as a
reference laboratory. The authorisation shall be revoked by the Minister of Agriculture on
the proposal of the Veterinary and Food Board.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
(5) If a reference laboratory fails to perform its duties in the manner required, the
Minister of Agriculture has the right to specify a term of up to three months for the
elimination of deficiencies. If the deficiencies are not eliminated, authority shall be
revoked in part or in full. During the time prescribed for the elimination of deficiencies,
authority is deemed to be suspended.
(6) Only accredited laboratories may be authorised to operate as reference laboratories. A
laboratory is accredited if the competence of the laboratory to perform analyses in an area
of activity is officially recognised by an accreditation institution.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
(7) A reference laboratory shall base its operations on government orders submitted by
the Minister of Agriculture. Fulfilment of the orders shall be financed from funds
allocated from the state budget to the Ministry of Agriculture for fulfilment of such
orders.
(8) The requirements for laboratories wishing to obtain the authorisation to operate as
reference laboratories, the procedure for application for authorisation and the grant of
authorisation, criteria for authorisation and the duties of reference laboratories shall be
established by the Minister of Agriculture.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
§ 7. Rights of supervisory official
Supervisory officials have the right to:
1) inspect objects of supervision, and take samples without charge to exercise
supervision;
2) have access to information and documentation necessary for supervision and demand
copies of such documentation;
3) issue animal health certificates and prepare veterinary reports;
4) use equipment and the services of laboratories specified in subsection 5 (5) of this Act
in the exercise of supervision;
5) prohibit trade in animals which do not conform to veterinary requirements and prohibit
the grazing of such animals and the transfer of such animals from one herd to another or
to an enterprise engaged in the handling of animal products;
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
6) prohibit the handling of animal products which do not conform to the hygiene
requirements for animal products;
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
7) suspend, in part or in full, the operation of an enterprise in violation of animal health,
hygiene or animal protection requirements, issue precepts for the elimination of
deficiencies discovered in the process of supervision, specify a term for the elimination of
deficiencies and, in the event of failure to eliminate the deficiencies during the term or
constant disregard for animal health, hygiene or animal protection requirements, make a
proposal to a court for the compulsory dissolution of the enterprise;
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
8) make a proposal to a local government for the revocation of a building permit for a
livestock building, livestock construction or object engaged in the processing of animal
products which does not conform to animal health, hygiene or animal protection
requirements;
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566; 06.11.2002 entered into
force 01.01.2003 - RT I 2002, 96, 566)
9) send an animal for diagnostic slaughter in the event of suspicion of an infectious
disease, pursuant to the procedure prescribed by law;
10) (Repealed - 06.11.2002 entered into force 01.01.2003 - RT I 2002, 96, 566)
§ 8. Obligation of supervisory official to present document
A supervisory official is required to present a document certifying his or her authority
upon exercising supervision.
Chapter 3
Authorised Veterinarian, Procedure for Authorisation and Rights and Obligations of
Authorised Veterinarian
§ 9. Authorised veterinarian
(1) An authorised veterinarian is a veterinarian who holds an activity licence and who,
pursuant to the procedure provided for in this Act, is granted authority to inspect the state
of objects of supervision.
(2) The right to work as an authorised veterinarian shall be granted by way of public
competition.
§ 10. Announcement of competition organised for position of authorised veterinarian
(1) The competition for a vacant position of authorised veterinarian (hereinafter
competition) shall be announced by the head of a local office of the Veterinary and Food
Board.
(2) Competition announcements shall be published in the official publication Ametlikud
Teadaanded2.
(3) A competition announcement shall contain information concerning the requirements
for participants in the competition, the documents to be submitted in order to participate
in the competition, the term for submission of such documents, and the scope of authority
accompanying the position of authorised veterinarian for which the competition is
organised and the territory of activity of the authorised veterinarian.
(4) The term for submission of documents to be submitted in order to participate in the
competition is thirty days after publication of the competition announcement.
§ 11. Requirements for applicants for rights of authorised veterinarian
An applicant for the rights of an authorised veterinarian must:
1) hold a valid activity licence of a veterinarian;
2) have the necessary training and equipment for the performance of duties related to the
authority;
3) be able to act impartially and provide appropriate assessments of actual situations.
§ 12. Application for rights of authorised veterinarian
In order to be granted veterinary supervision authority, an applicant shall submit the
following within the term specified in the competition announcement:
1) an application to be granted authority;
2) his or her curriculum vitae;
3) (Repealed - 14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
§ 13. Procedure for processing applications and granting rights of authorised veterinarian
(1) In order to review and assess applications received for a competition, the Veterinary
and Food Board shall form a three-member committee comprising one representative
from each of the Veterinary and Food Board, the local office of the Veterinary and Food
Board which announced the competition, and a registered professional organisation. The
committee is formed for the given calendar year.
(2) The committee shall review the applications received during the competition and
assesses the conformity of the applicants with the requirements set out in § 11 of this Act.
The committee has the right to verify the authenticity of materials submitted by the
applicant for authority and, if necessary, demand additional information and documents.
(3) Within thirty working days after receipt of all documents necessary for the grant of
authority, the committee shall submit a reasoned proposal in writing to the head of the
local office of the Veterinary and Food Board concerning the grant of or refusal to grant
authority to the applicant. The committee shall decide on the grant of or refusal to grant
authority by a simple majority vote.
(4) On the basis of a proposal from the committee, the head of the local office of the
Veterinary and Food Board shall grant, by his or her directive, the right to act as an
authorised veterinarian to a veterinarian who passed the competition, and shall designate
his or her territory of activity. The scope of authority of the authorised veterinarian shall
be determined by the employment contract entered into by the local office of the
Veterinary and Food Board and the veterinarian who passed the competition.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
(5) The head of the local office of the Veterinary and Food Board shall issue the applicant
a transcript of the directive concerning the decision on the grant of or refusal to grant
authority within three working days after receipt of the proposal from the committee.
(6) The right to act as an authorised veterinarian shall be granted for up to five years.
§ 14. Termination of authority
Authority terminates upon:
1) surrender of authority;
2) expiry of the term of authority;
3) the death of the authorised person;
4) revocation of authority;
5) surrender of the activity licence of a veterinarian;
6) expiry of the activity licence of a veterinarian;
7) revocation of the activity licence of a veterinarian.
§ 15. Rights of authorised veterinarian
(1) An authorised veterinarian has the right, pursuant to the scope of his or her authority,
to:
1) have access to objects of supervision and to information and documentation necessary
for supervision, and to demand copies of such documentation;
2) issue animal health certificates and prepare veterinary reports;
3) use equipment for monitoring and the services of laboratories specified in subsection 5
(5) of this Act for research related to monitoring;
4) suspend trade in animals which do not conform to veterinary requirements and
suspend the grazing of such animals and the transfer of such animals from one herd to
another or to an enterprise engaged in the processing of animal products, and to suspend
the handling of animal products which do not conform to hygiene requirements for
animal products and the use of such products for human consumption;
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
5) make a proposal to a supervisory official of the corresponding region to suspend the
operation of an enterprise which is the object of supervision if the enterprise violates
animal health requirements or hygiene or animal protection requirements for animal
products in a manner which endangers human or animal life and health.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
(2) An authorised veterinarian has the right to surrender his or her authority by notifying
the head of the local office of the Veterinary and Food Board thereof by sending an
unregistered letter by post at least thirty days in advance.
(06.11.2002 entered into force 01.01.2003 - RT I 2002, 96, 566)
(3) Upon the death of an authorised veterinarian as a result of the performance of duties
related to his or her authority, the family members of the authorised veterinarian who
were maintained by him or her shall be paid a single allowance to the extent of ten years’
average salary of the deceased person. The funeral expenses of a person deceased under
such circumstances shall be borne by the state.
(4) An authorised veterinarian who becomes disabled under the circumstances provided
for in subsection (3) of this section shall be paid a single allowance upon:
1) partial loss of capacity for work, to the extent of his or her one year’s average salary;
2) total loss of capacity for work, to the extent of his or her five years’ average salary.
§ 16. Obligations of authorised veterinarian
(1) An authorised veterinarian is required to:
1) perform the duties vested in him or her by his or her authority;
2) use his or her rights to prevent and establish violations of the requirements of
veterinary legislation;
3) formalise decisions made in the performance of his or her authority as reasoned written
decisions and inform a supervisory official thereof;
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
4) maintain business and professional secrets which become known to him or her during
the inspection of objects of supervision;
5) store copies of certificates issued by him or her and other documents related to
supervision pursuant to the procedure established by a directive of the Director General
of the Veterinary and Food Board;
6) deliver, upon the termination of his or her authority, the documents specified in clause
5) of this subsection to the local office of the Veterinary and Food Board which exercises
supervision over his or her activities;
7) submit, at the request of the local office of the Veterinary and Food Board which
exercises supervision over his or her activities, all documents necessary for the
supervision of activities related to his or her authority.
(2) An authorised veterinarian is prohibited from exercising veterinary supervision over
objects of supervision which belong to him or her or to his or her family members.
§ 17. Supervision over activity of authorised veterinarian
(1) Supervision over the activity of an authorised veterinarian shall be exercised by the
local office of the Veterinary and Food Board which exercises supervision in the territory
in which the veterinarian operates.
(2) An authorised veterinarian shall present reports to the local office of the Veterinary
and Food Board which exercises supervision in the territory in which the veterinarian
operates.
(3) Requirements for reports presented by authorised veterinarians and the procedure for
the presentation of reports shall be established by a directive of the Director General of
the Veterinary and Food Board.
§ 18. Suspension and revocation of authority
(1) Upon the suspension of an activity licence of an authorised veterinarian, the authority
granted to him or her is also suspended.
(2) If an authorised veterinarian fails to perform activities related to his or her authority in
the manner required, the head of the local office of the Veterinary and Food Board shall
suspend the authority of the authorised veterinarian and specify a term for the elimination
of the deficiencies. If the deficiencies are not eliminated during the term, the head of the
local office of the Veterinary and Food Board shall revoke the authority.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
§ 19. Remuneration of authorised veterinarians
(1) Authorised veterinarians provide fee-charging veterinary services and veterinary
services financed from the state budget within the scope of their authority.
(2) Authorised veterinarians have the right to receive remuneration for veterinary
supervision activities.
(3) Authorised veterinarians shall not charge a fee for veterinary services financed from
the state budget.
(4) Remuneration for veterinary services financed from the state budget shall be paid
through the budget of the Veterinary and Food Board.
(5) The amounts of and procedure for remuneration provided within the scope of the
authority of authorised veterinarians shall be established by the Minister of Agriculture.
Chapter 4
Veterinary practice
§ 20. Veterinary practice
(1) Veterinary practice is activities in the field of treatment, prevention and diagnosis of
animal disease, including laboratory diagnosis. Supervision activities performed by
supervisory officials and authorised veterinarians are not veterinary practice.
(2) Fees shall be charged for veterinary services provided within the scope of veterinary
practice.
§ 21. Activity licence for provision of veterinary services
(1) A person holding an activity licence for the provision of veterinary services (an
activity licence of a veterinarian or an activity licence of a veterinary laboratory) has the
right to engage in veterinary practice.
(2) Activity licences shall be issued to veterinarians and veterinary laboratories by the
Director General of the Veterinary and Food Board (hereinafter issuer of activity
licence).
(3) An activity licence shall be issued for a period of up to five years. The holder of an
activity licence has the right to submit an application for a new activity licence three
months prior to the expiry of the activity licence.
(4) An activity licence becomes invalid upon the expiry of the term specified in the
activity licence or upon the revocation of the activity licence and termination of activities.
(5) The procedure for reviewing applications for activity licences shall be established by
the Minister of Agriculture.
Chapter 5
Activities of Veterinarian and Veterinary Technician
§ 22. Activity licence of veterinarian
(1) An activity licence of a veterinarian is a licence to engage in veterinary practice
which, on the application of a natural person whose training complies with the
requirements set out in subsection 3 (1) of this Act, is issued to the natural person.
(2) An activity licence shall set out:
1) the given name and surname of the holder of the licence;
2) the personal identification code;
3) the area of activity and conditions of activity;
4) the date of issue;
5) the term;
6) the registration number.
§ 23. Rights and obligations of veterinarian holding activity licence
(1) A veterinarian holding an activity licence has the right to:
1) engage in veterinary practice independently as a sole proprietor or in an enterprise
engaged in veterinary practice;
2) prescribe and issue medicinal products for the treatment of animals;
3) issue, within the limits of his or her competence, certificates concerning the state of
health of animals and the state of animal products;
4) use a personal seal bearing the registration number of his or her activity licence.
(2) A veterinarian holding an activity licence is required to:
1) adhere to the professional ethics of veterinarians;
2) undertake professional development;
3) present the veterinary reports required pursuant to the procedure established by
veterinary legislation to the local office of the Veterinary and Food Board which
exercises supervision in the territory in which he or she operates and comply with
precepts made by such office in the area of veterinary activity.
4) keep records of the performed treatment and other proceedings, and events of death,
and preserve the specified information for three years;
(13.12.2000 entered into force 01.07.2001 - RT I 2001, 3, 4)
§ 24. Professional development
The following are deemed to be professional development for veterinarians:
1) participation in professional training days, courses, seminars and conferences
organised by universities and professional organisations;
2) practice in veterinary clinics, veterinary educational institutions or with veterinarians;
3) completion of a professional research degree.
§ 25. Application for activity licence of veterinarian
(1) A veterinarian applying for an activity licence shall submit the following to the issuer
of the activity licence:
1) an application approved by the local office of the Veterinary and Food Board which
exercises supervision in the territory in which the veterinarian is operating at the time of
submitting the application or in which the veterinarian wishes to operate;
2) his or her curriculum vitae;
3) an officially certified transcript of the document certifying completion of education in
veterinary medicine;
(14.11.2001 entered into force 01.02.2002 - RT I 2001, 93, 565)
4) copies of documents certifying professional development;
5) (Repealed - 19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(2) A veterinarian who applies for an activity licence within three years after completing
his or her education in veterinary medicine is not required to submit the documents
specified in clause (1) 4) of this section.
(3) Before submitting an application, a veterinarian applying for an activity licence shall
pay the state fee.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
§ 251. Application for activity licence of veterinarian by person who completed education
in veterinary medicine in foreign country
(1) A person who is applying for an activity licence and who completed his or her
education in veterinary medicine in a foreign country shall submit the following to the
issuer of the activity licence:
1) the documents and information specified in clauses 25 (1) 1), 2) and 5) of this Act;
2) the original document certifying completion of education in veterinary medicine.
(2) If necessary, the issuer of the activity licence may request from the applicant for an
activity licence translations of the information and documents specified in subsection (1)
of this section the correctness of which or the authenticity of the signature of the
translator who translated the document is attested by a notary.
(3) Subsections (4)-(6) of this section shall apply to persons who completed their
education in veterinary medicine in a member state of the European Union and
subsections (7)-(11) of this section shall apply to persons who completed their education
in veterinary medicine in other foreign countries.
(4) Education in veterinary medicine completed in a member state of the European Union
shall be certified by a document which grants the right to provide veterinary services as a
veterinarian in the member state where the qualification was acquired. The list of
documents certifying the completion of education in veterinary medicine in a member
state of the European Union which are the basis for the issue of activity licences shall be
established by the Minister of Agriculture.
(5) The provisions of subsections (7)-(11) of this section shall apply to persons who
completed their education in veterinary medicine in a member state of the European
Union and whose documents certifying their qualification are not included in the list
established on the basis of subsection (4) of this section.
(6) Persons who completed education in veterinary medicine in compliance with
subsection (4) of this section in a member state of the European Union and whose period
of stay in Estonia does not exceed one month may provide, without applying for an
activity licence, temporary veterinary services in Estonia at a person who has the right to
carry on veterinary activities. The person who has the right to carry on veterinary
activities must notify the Veterinary and Food Board of such person immediately.
(7) A person who completed his or her education in veterinary medicine in another
foreign country shall submit, in order to apply for an activity licence, in addition to the
documents and information specified in subsection (1) of this section, the curriculum for
the provision of education in veterinary medicine of the education institution which
issued the document certifying education in veterinary medicine and the documents
specified in clause 25 (1) 4) of this Act to the issuer of the activity licence, at the request
of the issuer. The issuer of the activity licence shall assess the conformity of the
submitted curriculum with the curriculum which is the basis for the provision of
education in veterinary medicine in Estonia.
(8) If the curriculum submitted by an applicant for an activity licence in the case
specified in subsection (7) of this section does not differ substantially from the
corresponding Estonian curriculum, the issuer of the activity licence shall process the
application pursuant to the procedure provided for in this Act and legislation arising
therefrom.
(9) If the curriculum submitted by an applicant for an activity licence in the case
specified in subsection (7) of this section differs substantially from the corresponding
Estonian curriculum, the applicant shall take an aptitude test for the verification of the
professional expertise of the applicant and the knowledge, skills and experience of the
applicant shall be assessed on the basis of the test.
(10) The issuer of the activity licence shall determine the fields covered by the aptitude
test specified in subsection (9) of this section, taking into consideration that the aptitude
test must contain subjects not covered the curriculum completed in a foreign country but
the knowledge of which is necessary for the provision of veterinary services.
(11) The procedure for the conduct of aptitude tests specified in subsection (9) of this
section shall be established by the Minister of Agriculture. The results of an aptitude test
shall be evaluated together with the document certifying education in veterinary medicine
which is submitted by the applicant for an activity licence.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
§ 26. Issue of activity licence of veterinarian and refusal to issue activity licence
(1) Upon making a decision on the issue of activity licence, the issuer of the activity
licence shall consider the opinion of a professional organisation and the activities of the
applicant in the following areas:
1) supervision of practical training and practical work of veterinary students in
universities;
2) publication of work on veterinary practice or veterinary science or articles on
veterinary medicine in Estonian or foreign professional publications, and publication of
textbooks or scientific literature on veterinary medicine;
3) presentation of reports concerning veterinary medicine at training days, on courses, or
at conferences or seminars.
(2) The issuer of an activity licence may refuse to issue an activity licence if:
1) inaccurate information was submitted upon application for the activity licence;
2) the veterinarian applying for the activity licence has not engaged in work related to his
or her profession or undertaken professional development in veterinary medicine during
the last three years;
3) the applicant for the activity licence has not complied with the requirements
established by veterinary legislation in his or her previous professional activities and if
his or her previous activity licence was revoked due to such non-compliance;
4) according to the information at the disposal of a professional organisation, the
applicant has not adhered to the professional ethics of veterinarians.
(3) The issuer of activity licences shall process applications for activity licences and
make a decision to issue an activity licence or refuse the issue thereof within thirty days
as of the receipt of all the documents which comply with the requirements by the
Veterinary and Food Board. If it is necessary to conduct an aptitude test specified in
subsection 251 (9) of this Act in order to decide the issue of an activity licence or the
refusal to issue an activity licence, the issuer of the activity licence may extend the term
for making the decision for up to two months as of the receipt of all the documents which
comply with the requirements by the Veterinary and Food Board.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
§ 27. Revocation of activity licence of veterinarian
(1) The issuer of an activity licence may revoke the licence:
1) if inaccurate information was knowingly submitted upon application for the activity
licence;
2) if the holder of the activity licence has not adhered to the requirements established by
veterinary legislation;
3) if, according to the information at the disposal of a professional organisation, the
holder of the activity licence has not adhered to the professional ethics of veterinarians;
4) in other cases prescribed by law.
(2) If the facts provided for in subsection (1) of this section become evident, the issuer of
the activity licence may:
1) issue a precept to the veterinarian holding the activity licence;
2) suspend the activity licence until the offence or the effects thereof are eliminated;
3) revoke the activity licence and specify a term for the termination of veterinary
practice.
(3) Upon revocation of an activity licence, the issuer of the activity licence shall send a
transcript of the decision to the holder of the activity licence by post or by electronic
means within three working days after the decision is made.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
§ 28. Activity of veterinary technician
(1) A veterinary technician with training which is in compliance with subsection 3 (2) of
this Act and who participates in veterinary practice shall participate therein under the
supervision and on the responsibility of a veterinarian holding an activity licence.
(2) Upon providing veterinary services, a veterinary technician is prohibited from:
1) independently diagnosing animals and prescribing treatment and diagnostic
procedures;
2) performing treatment or diagnostic procedures on his or her own initiative;
3) writing prescriptions and issuing medicinal products;
4) independently performing veterinary checks;
5) issuing documents certifying the state of health of animals or the safety of animal
products.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
Chapter 6
Activity Licence of Veterinary Laboratory, Application therefor and Issue thereof
§ 29. Activity licence of veterinary laboratory
(1) An activity licence of a veterinary laboratory is an activity licence to engage in the
laboratory diagnosis of animal disease which is issued to a veterinary laboratory on the
application of the laboratory.
(2) Activity licences shall be issued to laboratories which use analysis methods approved
pursuant to the procedure provided for in this Act.
(3) An activity licence shall set out:
1) the holder of the activity licence;
2) the commercial registry code;
3) the area of activity;
4) the date of issue;
5) the term;
6) the registration number.
(4) An activity licence is valid only for the approved analysis method and together with a
document certifying approval.
§ 30. Rights and obligations of veterinary laboratory
(1) A laboratory holding an activity licence of a veterinary laboratory (hereinafter
veterinary laboratory) has the right to:
1) engage in laboratory diagnosis of animal disease in the areas specified in the activity
licence, using the analysis methods and under the conditions specified in the document
certifying approval;
2) use a seal bearing the registration number of the activity licence of the veterinary
laboratory.
(2) A veterinary laboratory is required:
1) to participate, using the approved analysis method, in the verification tests organised
by the reference laboratory of the area of activities;
2) to present veterinary reports to the Veterinary and Food Board and comply with
precepts issued by the Veterinary and Food Board in the area of veterinary activities;
3) in the event of suspicion or outbreak of an infectious animal disease, to participate, on
the order of a supervisory official, in the laboratory diagnosis of the infectious animal
disease using the approved analysis method.
(3) The activities of a veterinary laboratory in the diagnosis of animal disease shall be
directed by a veterinarian.
(4) A veterinary laboratory shall inform the reference laboratory which recognised the
veterinary laboratory by sending an unregistered letter by post of any changes in the
approved analysis methods or other conditions which were the basis for approval.
(06.11.2002 entered into force 01.01.2003 - RT I 2002, 96, 566)
(5) The requirements for reports presented by veterinary laboratories and the procedure
for the presentation of reports shall be established by the Minister of Agriculture.
§ 31. Application for activity licence of veterinary laboratory
(1) An applicant for an activity licence shall submit the following to the issuer of the
activity licence:
1) an application for an activity licence;
2) a list and description of the analysis methods used;
3) (Repealed - 19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(2) Before submitting an application, an applicant for an activity licence shall pay the
state fee.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
§ 32. Refusal to issue activity licence of veterinary laboratory
The issuer of an activity licence may refuse to issue an activity licence of a veterinary
laboratory if:
1) inaccurate information was submitted upon application for the activity licence;
2) the reference laboratory has not approved any of the analysis methods submitted by the
applicant;
3) the veterinary laboratory applying for an activity licence has not participated in
verification tests organised by the reference laboratory of the area of activities at a
frequency and pursuant to the procedure provided by legislation or has not used the
approved analysis methods;
4) the applicant for the activity licence has not complied with the requirements
established by veterinary legislation in its previous activities and if the previous activity
licence of the applicant was revoked due to such non-compliance.
§ 33. Revocation of activity licence of veterinary laboratory
(1) An activity licence of a veterinary laboratory may be revoked if:
1) inaccurate information was submitted upon application for the activity licence;
2) the analysis method used for laboratory diagnosis of animal disease is not approved or
specified in the document certifying approval;
3) verification tests conducted using the approved analysis method do not produce the
required results;
4) the holder of the activity licence does not adhere to the requirements established by
veterinary legislation.
(2) If the facts provided for in subsection (1) of this section become evident, the issuer of
the activity licence may:
1) issue a precept to the veterinary laboratory holding the activity licence;
2) suspend the activity licence until the offence or the effects thereof are eliminated;
3) specify a term for the termination of veterinary practice to the veterinary laboratory
holding the activity licence.
(3) Upon revocation of an activity licence of a veterinary laboratory, the issuer of the
activity licence shall send a transcript of the decision to the holder of the activity licence
within three working days after the decision is made.
§ 34. Approval of analysis method
(1) The approval of an analysis method is a procedure in the process of which the
compliance of an analysis method used in a laboratory with the requirements provided for
in this Act and other legislation is assessed and approved.
(2) An analysis method shall be approved by the reference laboratory for the analysis
method.
(3) Approval shall be effected by analysis methods for animal diseases and for the
diagnosis of animal diseases, taking into consideration the suitability of the laboratory
equipment and premises and the qualifications of the staff to apply such methods and
analyse the results.
(4) If the analysis method used in a laboratory complies with the requirements provided
for in this Act and other legislation, the reference laboratory shall issue a document
certifying approval.
(5) If the analysis method used in a laboratory does not comply, in part or in full, with the
requirements provided for in this Act and other legislation, the reference laboratory shall
issue a written decision concerning the refusal to approve to the applicant and indicate the
reasons for refusal.
(6) The document certifying approval or a transcript of the decision concerning refusal to
approve shall be sent to the applicant by post or by electronic means within three working
days after the decision is made.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(7) The format of applications for approval of an analysis method, the list of documents
to be submitted, the procedure for reviewing applications and the format of the document
certifying approval shall be established by the Minister of Agriculture.
Chapter 7
Obligations of Legal and Natural Persons
§ 35. Obligations of persons
The possessor of an object of supervision is required to:
1) enable supervisory officials and authorised veterinarians to perform supervisory
activities unhindered within the limits of their competence;
2) grant supervisory officials and authorised veterinarians access to information and
records necessary for supervision;
3) ensure safe working conditions for veterinarians providing veterinary services or
exercising supervision;
4) ensure, if necessary, that assistance is provided to supervisory officials and authorised
veterinarians in the performance of supervisory activities, or the supervisory officials and
authorised veterinarians shall have the right to use remunerated workers whose work
shall be paid for by the possessor of the object of supervision;
5) ensure that supervisory officials or authorised veterinarians have premises conforming
to occupational safety and health requirements necessary to perform the supervisory
operations for use free of charge, including furnished office rooms and means of
communication, if necessary. The supervisory agency shall pay for telecommunications
services.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
Chapter 8
Contestation of Precept or Other Act
§ 36. Contestation of precept or other act of supervisory official
(1) If a person does not agree with a precept or other professional act of a supervisory
official, the person has the right to file a written challenge with the Director General of
the Veterinary and Food Board or the head of a local office of the Veterinary and Food
Board within ten calendar days after the date on which the person became aware of the
precept or other act.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566; 19.06.2002 entered into
force 01.08.2002 - RT I 2002, 61, 375)
(2) Filing of a challenge does not release a person from compliance with the precept.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(3) The Director General of the Veterinary and Food Board or the head of a local office
of the Veterinary and Food Board shall make a decision concerning satisfaction of or
refusal to satisfy a challenge within ten working days after receipt of the challenge. The
decision shall be formalised in writing and given to the person who filed the challenge
against a signature or sent by post with advice of delivery.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(4) In the event of failure to comply with a precept issued by a supervisory official, the
supervisory agency may impose a penalty payment pursuant to the procedure provided
for in the Substitutive Enforcement and Penalty Payment Act (RT I 2001, 50, 283; 94,
580). The upper limit for a penalty payment is 10 000 kroons.
(06.11.2002 entered into force 01.01.2003 - RT I 2002, 96, 566)
§ 37. Contestation of activity of authorised veterinarian
(1) If a person does not agree with an act related to the authority of an authorised
veterinarian, the person has the right to file a written challenge with the Director General
of the Veterinary and Food Board or the head of a local office of the Veterinary and Food
Board within ten calendar days after the date on which the person became aware of the
precept or other act.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566; 19.06.2002 entered into
force 01.08.2002 - RT I 2002, 61, 375)
(2) The head of a local office of the Veterinary and Food Board shall make a decision
concerning satisfaction of or refusal to satisfy a challenge within ten working days after
receipt of the challenge. The decision shall be formalised in writing and given to the
person who filed the challenge against a signature or sent by post with advice of delivery.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
§ 38. Contestation of quality of veterinary service provided by veterinarian or veterinary
laboratory
(1) If a person does not agree with the quality of a veterinary service provided by a
veterinarian or a veterinary laboratory, the person has the right to file a written complaint
with the Director General of the Veterinary and Food Board or the head of a local office
of the Veterinary and Food Board.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
(2) The Director General of the Veterinary and Food Board or the head of a local office
of the Veterinary and Food Board shall make a decision concerning satisfaction of or
refusal to satisfy the complaint within ten working days after receipt of the complaint.
The decision shall be formalised in writing and given to the complainant against a
signature or sent by post with advice of delivery.
§ 39. Expert committee for assessment of quality of veterinary services
(1) If a person does not agree with a decision arising from §§ 36–38 of this Act, the
person may file a written complaint or challenge with or address an inquiry to the
Minister of Agriculture who shall forward the complaint, challenge or inquiry to the
expert committee for assessment of the quality of veterinary services.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566; 19.06.2002 entered into
force 01.08.2002 - RT I 2002, 61, 375)
(2) The expert committee for assessment of the quality of veterinary services (hereinafter
expert committee) is a committee formed by the Minister of Agriculture comprising one
representative of the Veterinary and Food Board, one representative of the Veterinary and
Food Laboratory, one representative of the Faculty of Veterinary Medicine at the
Estonian Agricultural University and two representatives of professional organisations.
(3) The members of the expert committee shall be appointed for five years.
(4) The expert committee has the right to:
1) obtain all information necessary for assessment of the quality of veterinary services;
2) engage experts in its work;
3) make proposals to the Director General of the Veterinary and Food Board or the head
of a local office of the Veterinary and Food Board for the application of enforcement
powers of the state with regard to providers of veterinary services of low quality or for
the suspension or revocation of the activity licences of providers of such veterinary
services;
(06.11.2002 entered into force 01.01.2003 - RT I 2002, 96, 566)
4) make proposals to the Minister of Agriculture for the establishment or amendment of
legislation pertaining to the organisation of veterinary activities and the provision of
veterinary services.
(5) The expert committee shall give a written expert assessment on a complaint or
challenge filed or inquiry made concerning the quality of veterinary services, or shall
organise for such assessment to be given within thirty working days after receipt of such
complaint or inquiry.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(6) The procedure for reviewing challenges filed concerning the quality of veterinary
services shall be established by the Minister of Agriculture.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
Chapter 9
Liability
§ 391. Failure of veterinarian or veterinary laboratory to perform obligations
(1) Failure of a veterinarian or an employee of a veterinary laboratory to perform his or
her obligations or failure to perform such obligations in the manner required is
punishable by a fine of up to 200 fine units.
(06.11.2002 entered into force 01.01.2003 - RT I 2002, 96, 566)
(2) The same act, if committed by a legal person engaged in veterinary practice, is
punishable by a fine of up to 30 000 kroons.
(19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 392. Proceedings
(1) The provisions of the General Part of the Penal Code (RT I 2001, 61, 364; 2002, 44,
284; 56, 350) and the Code of Misdemeanour Procedure (RT I 2002, 50, 313) apply to
the misdemeanours provided for in § 391 of this Act.
(2) The Veterinary and Food Board is the extra-judicial body which conducts proceedings
in matters of misdemeanours provided for in § 391 of this Act.
(19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 40. (Repealed - 19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 41. (Repealed - 19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 42. (Repealed - 19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
Chapter 10
Final Provisions
§ 43. Amendment of Code of Administrative Offences
The Code of Administrative Offences (RT 1992, 29, 396; 2001, 74, 453; 87, 524 and 526;
97, 605; 102, 677; 2002, 18, 98) is amended as follows:
1) section 80 is amended and worded as follows:
"§ 80. Violation of veterinary requirements
(1) A fine of up to two hundred days' wages shall be imposed for engagement in
veterinary practice without an activity licence.
(2) A fine of up to two hundred days' wages shall be imposed for violation of the rules for
use of medicinal products or medicated feedingstuffs used in veterinary medicine.
(3) A fine of up to two hundred days' wages shall be imposed for failure of a veterinarian
or an authorised veterinarian to perform his or her obligations or failure to perform the
obligations in the manner required.
(4) A fine of up to two hundred days' wages shall be imposed for issue of an animal
health certificate not corresponding to the actual state or quality of an object of
supervision.
(5) A fine of up to one hundred days' wages shall be imposed for violation of the
veterinary requirements established for livestock buildings or failure to comply with such
requirements in the manner required.
(6) A fine of up to two hundred days' wages shall be imposed for failure of a breeder to
give notice of the illness of animals or failure of a veterinarian to give notice of a
suspicion of an infectious animal disease.
(7) A fine of up to one hundred and fifty days' wages shall be imposed for bringing an
animal to an exhibition, competition, fair or auction without prior performance of
veterinary procedures or without an animal health certificate certifying the performance
of such procedures, and for violation of the requirements on the transport of animals or
the conditions of prophylactic quarantine or failure to comply with such requirements or
conditions in the manner required.
(8) A fine of up to eighty days' wages shall be imposed for failure to comply with the
obligation to identify animals or failure to comply with such obligation in the manner
required.
(9) A fine of up to one hundred and fifty days' wages shall be imposed for violation of the
veterinary requirements on animal products or failure to comply with such requirements
in the manner required.
(10) A fine of up to two hundred days' wages shall be imposed for failure to comply with
measures applied in the case of suspicion of an infectious animal disease or to prevent an
infectious animal disease, and for failure to adhere to the infectious animal disease
control rules or failure to adhere to such rules in the manner required.
(11) A fine of up to two hundred days’ wages shall be imposed for obstruction of the
inspection activities of supervisory officials or authorised veterinarians, refusal to present
documents or submit information necessary for such activities or the presentation of false
information, and for failure to ensure safe working conditions to veterinarians providing
veterinary services or exercising supervision.";
2) in § 208, the words "Veterinary and Food Inspectorate" are substituted by the words
"Veterinary and Food Board" in the appropriate case form.
§ 44. Amendment of State Fees Act
The State Fees Act (RT I 1997, 80, 1344; 2001, 55, 331; 56, 332; 64, 367; 65, 377; 85,
512; 88, 531; 91, 543; 93, 565; 2002, 1, 1; 9, 45; 13, 78; 79; 81; 18, 97; 23, 131; 24, 135;
27, 151; 153; 30, 178; 35, 214; 44, 281; 47, 297; 51, 316; 57, 358; 58, 361; 61, 375; 62,
377; 82, 477; 90, 519) is amended as follows:
1) clause 131 is added to subsection 3 (2) worded as follows:
"131) veterinary activities;";
2) clause 6 is added to § 91 worded as follows:
"6) for retail sale of medicinal products in veterinary pharmacies, 500 kroons.";
3) division 61 is added to the Act worded as follows:
"Division 61
Veterinary Activities
§ 921. Attestation of conformity of animals and animal products
(1) A state fee of 30 kroons shall be paid for the issue of an animal health certificate.
(2) A state fee of 130 kroons shall be paid for the issue of a veterinary certificate.
§ 922. Approval of analysis method
A state fee of 1000 kroons shall be paid for the approval of an analysis method.";
4) subsection (39) is added to § 183 worded as follows:
"(39) A state fee shall be paid in the following amounts for the issue of an activity licence
to provide veterinary services:
1) for an activity licence of a veterinarian, 1000 kroons;
2) for an activity licence of a veterinary laboratory, 500 kroons."
§ 45. Amendment of Government of the Republic Act
Subsection 64 (2) of the Government of the Republic Act (RT I 1995, 94, 1628; 1996, 49,
953; 88, 1560; 1997, 29, 447; 40, 622; 52, 833; 73, 1200; 81, 1361; 1362; 87, 1468;
1998, 28, 356; 36/37, 552; 40, 614; 71, 1201; 107, 1762; 111, 1833; 1999, 10, 155; 16,
271; 274; 27, 391; 29, 398; 401; 58, 608; 95, 843; 845; 2000, 49, 302; 51, 319; 320; 54,
352; 58, 378; 95, 613; 102, 677; 2001, 7, 16; 24, 133; 52, 303; 53, 305; 59, 358; 94, 578;
100, 646; 102, 677; 2002, 13, 79; 57, 354; 87, 505; 90, 520) is amended and worded as
follows:
"(2) The following executive agencies and inspectorates are within the area of
government of the Ministry of Agriculture:
1) the Veterinary and Food Board;
2) the Plant Production Inspectorate;
3) the Animal Breeding Inspectorate."
§ 46. Amendment of Medicinal Products Act
The Medicinal Products Act (RT I 1996, 3, 56; 49, 954; 1997, 93, 1564; 1998, 36/37,
554; 1999, 58, 608; 2001, 53, 308; 2002, 13, 79; 18, 97; 53, 336; 62, 377; 63, 387; 82,
480) is amended as follows:
(1) Subsections (11) and (41) are added to § 2 worded as follows:
"(11) For the purposes of this Act, a medicinal product for use only in veterinary
medicine (hereinafter veterinary medicinal product) is a medicinal product which is
designated by the producer to be used only on animals and which shall be marked
"veterinaarseks kasutamiseks" [for veterinary use].
(41) Medicated feedingstuffs are a mixture of medicinal products and feedingstuffs used
for the feeding of animals due to the therapeutic or preventive characteristics thereof."
(2) Subsection 3 (1) is amended by adding a sentence worded as follows:
"A medicinal product for use in veterinary medicine shall also be safe for the health of
the consumer of the animal product."
(3) Subsection 4 (2) is repealed.
(4) In § 5:
1) the heading of the section is amended by adding the words ", Minister of Agriculture"
after the words "Minister of Social Affairs";
2) subsections (3)-(5) are amended by adding the words ", including veterinary medicinal
products" after the words "medicinal products";
3) subsections (51)-(53) are added to the section worded as follows:
"(51) The Minister of Social Affairs shall obtain approval from the Minister of
Agriculture for the parts of legislation passed on the basis of this Act which concern
medicinal products for use in veterinary medicine.
(52) The Minister of Agriculture shall establish, with the approval of the Minister of
Social Affairs:
1) analytical, pharmacotoxicological and clinical standards relating to the testing of
medicinal products for use in veterinary medicine;
2) a list of prohibited biostimulants, hormone preparations and other substances intended
for enhancement of the growth and productivity of animals;
3) requirements on the production of medicated feedingstuffs, the conditions and
procedure for import thereof, the conditions and procedure for approval and registration
thereof, and rules for the wholesale trade and retail sale thereof.
(53) The Minister of Agriculture shall establish the conditions and procedure for the use
of medicinal products and medicated feedingstuffs for the prevention and treatment of
animal disease."
(5) In subsection 7 (3), the words "for his or her personal medical use" are substituted by
the words "for his or her personal medical use or for medical use on animals
accompanying him or her".
(6) The second sentence of subsection 8 (2) is amended and worded as follows:
"Medicinal products for use in veterinary medicine may also be sold wholesale to a
person holding a valid activity licence for the provision of veterinary services."
(7) In § 10:
1) subsection (11) is added to the section worded as follows:
"(11) A veterinary pharmacy is a pharmacy which has the right to dispense only
veterinary medicinal products and which has no obligation to prepare medicinal products
as magistral formulae.";
2) a sentence is added to subsection (5) worded as follows:
"Medicinal products for use in veterinary medicine may also be dispensed by persons
educated in veterinary medicine.";
3) subsection (7) is amended by adding the words "or, in the case of veterinary medicinal
products only, higher education in veterinary medicine" after the words "higher education
in pharmacy".
(8) Subsection 12 (2) is amended by adding the word ", animals" after the word
"humans".
(9) In § 13:
1) subsection (1) is amended by adding the words "or the use of a veterinary medicinal
product on animals" after the word "humans";
2) a sentence is added to subsection (2) worded as follows:
"Veterinarians may conduct clinical trials of medicinal products only in their area of
specialisation and with the consent of the owners of the animals participating in the trials
and in compliance with animal protection legislation which is in force.";
3) in subsection (3), the words "or stomatologist" are substituted by the words ",
stomatologist or veterinarian";
4) a sentence is added to subsection (5) worded as follows:
"A clinical trial of a medicinal product for use in veterinary medicine shall not commence
before consent is obtained from the Director General of the Veterinary and Food Board.";
5) a sentence is added to subsection (6) worded as follows:
"In the case of medicinal products for use in veterinary medicine, the veterinarian shall
bear personal liability for the safety of the clinical trial and shall ensure necessary
veterinary care for the animals participating in the trial.";
6) subsection (71) is added to the section worded as follows:
"(71) The Minister of Social Affairs shall, with the approval of the Minister of
Agriculture, establish the conditions and procedure for the conduct of clinical trials of
medicinal products for use in veterinary medicine.";
7) subsection (11) is amended by adding the words "or veterinarian" after the word
"physician".
(10) In § 14:
1) subsection (1) is amended and worded as follows:
"(1) The Ministry of Social Affairs, the Agency of Medicines and the Veterinary and
Food Board shall monitor compliance with this Act and legislation issued on the basis
thereof, pursuant to their competence.";
2) subsection (21) is added to the section worded as follows:
"(21) Officials of the Veterinary and Food Board shall exercise supervision over the use
of medicinal products and medicated feedingstuffs by veterinarians and breeders
producing animal products."
§ 47. Amendment of Feedingstuffs Act
Subsection 1 (2) of the Feedingstuffs Act (RT I 1998, 64/65, 1004; 1999, 58, 608; 97,
801; 2000, 88, 577) is amended by adding clause 3) worded as follows:
"3) medicated feedingstuffs and medicinal products used for manufacture thereof, to the
extent regulated by other legislation."
§ 48. Amendment of Food Act
In the Food Act (RT I 1999, 30, 415; 2002, 13, 81; 79; 61, 375; 63, 387), the words
"Veterinary and Food Inspectorate" are substituted by the words "Veterinary and Food
Board" in the appropriate case form.
§ 49. Repeal of Act
The Veterinary Service Act (RT 1992, 49, 613; RT I 1999, 58, 608) is repealed.
§ 50. Re-registration of valid activity licences
(1) A person to whom a state veterinary activity licence was issued prior to the entry into
force of this Act shall submit an application for an activity licence specified in §§ 22 or
29 of this Act within one year after the entry into force of this Act. Upon the expiry of
such term, existing state veterinary activity licences shall be revoked.
(2) No fee shall be charged for the issue of an activity licence to a person whose state
veterinary activity licence expires on 1 January 2001 or later and the activity licence shall
be issued with the term specified on the existing licence.
(3) Until the issue of or refusal to issue a new activity licence for the provision of
veterinary services, a person specified in subsection (1) of this section has the right to
engage in veterinary practice on the basis of his or her existing state veterinary activity
licence.
§ 51. Entry into force of Act
(1) This Act enters into force on 1 January 2000, except for:
1) the provisions delegating authority which enter into force on the date provided for in
subsection (2) of this section;
2) §§ 45 and 48 which enter into force on 1 April 2000;
3) subsection 5 (5) and § 46 which enter into force on 1 July 2000;
4) §§ 29-34 which enter into force on 1 January 2001;
5) subsection 6 (2) which enters into force on 1 January 2002;
6) subsection 21 (1) regarding the activity licence of a veterinary laboratory which enters
into force on 1 January 2002;
(16.12.1999 entered into force 01.01.2000 - RT I 1999, 97, 861)
7) subsection 6 (6) which enters into force on 1 January 2005.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
(2) The provisions contained in this Act delegating authority for the issue of regulations
by the Government of the Republic or ministers enter into force on the tenth day after the
date of publication of this Act in the Riigi Teataja. Regulations issued on the basis of
provisions delegating authority shall not be enforced before the entry into force of this
Act, except the provisions delegating authority contained in § 46 which may be enforced
from 1 November 1999.
1
RT = Riigi Teataja = State Gazette
2
Ametlikud Teadaanded = Official Notices
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