Selling online, by the rules.
What the law asks of your pharmacy, in which order, and what Apoly does or does not take on.
See the stepsThis is not legal advice. Have your project confirmed by the Order of Pharmacists.
This English page is a reading aid for a Belgian legal framework. Only the French and Dutch versions of this page are authoritative, and neither replaces the legal text. Français · Nederlands
The model in place today
Parapharmacy is bought and delivered. Non-prescription medicines and medical devices are reserved, collected and paid for at the counter.
« Vous êtes pharmacien et vous avez un site web sur lequel les patients peuvent uniquement réserver des médicaments qu'ils viennent ensuite chercher dans votre pharmacie ? Votre site web n'est pas une pharmacie sur internet et l'article 29 de l'arrêté royal du 21 janvier 2009 ne s'applique pas à votre site web. »- Parapharmacy
- It is bought and paid for online, and delivered if you offer delivery. It is the only family that travels from your counter to the patient's home.
- Medicines and medical devices
- The patient reserves them online; nothing is paid or held on their card. They collect them and pay at the counter. A basket with both families becomes two orders: a purchase and a reservation.
- Medical devices, out of caution
- Article 29 covers certain medical devices (Royal Decree of 18/03/1999, annex XIII, points 1.1 to 1.5 and 1.7). Until the FAMHP (AFMPS) clarifies the list, all of them follow the regime of medicines.
- Notification
- The FAMHP writes that a website where patients can only reserve medicines that they then come to collect at the pharmacy is not an internet pharmacy, and that article 29 does not apply to it. For this model, no notification would therefore be required — to be confirmed: a request for advice is pending, nothing is validated.
- What comes next
- Full online sale of medicines, with notification to the FAMHP and the Order, remains a later step. Apoly's technical lock does not move: without a notification reference, no medicine can be published.
What the law asks
Royal Decree of 21 January 2009, article 29, summarised. The text and the FAMHP (AFMPS) instructions prevail.
- Scope
- Non-prescription medicines for human use and certain medical devices. Cosmetics and food supplements fall outside it.
- From the pharmacy
- Offering and delivery are reserved for pharmacists of a pharmacy open to the public, from that pharmacy, under the responsibility of the pharmacist in charge, for individual patients.
- Notification
- The pharmacist in charge notifies the site to the FAMHP and to the Order of Pharmacists within one month, with its address, on the FAMHP forms. A change of address and closure are also notified within one month.
- The EU common logo
- On every page offering medicines, linking to the FAMHP list. The FAMHP provides it after notification.
- Site content
- At least, among other things: pharmacist in charge, authorisation number, address, phone, opening hours, prices incl. VAT and delivery costs, package leaflet information, right of withdrawal before dispatch, invitation to read the leaflet.
- Dispatch
- Supply takes place no later than two working days after the order, unless agreed otherwise with the patient; failing that, the patient is informed.
- Advertising
- The Royal Decree of 7 April 1995 on information and advertising for medicines applies to the site.
“Not on the FAMHP list, no sales?”
For medicines, yes: without notification, you sell no medicine and no medical device covered by article 29 online.
You can open with products outside its scope, such as cosmetics and food supplements. Have that scope confirmed by the Order before opening.
On Apoly, medicines stay technically blocked until the notification reference is entered.
The journey, step by step
On Apoly, the shop can open before notification. Medicines wait.
Open outside article 29
Cosmetics and food supplements, scope confirmed by the Order. No medicine, no covered medical device.
Prepare the notification
The site address, your authorisation number, the identity of the pharmacist(s) in charge. The FAMHP forms ask for the rest.
Notify the FAMHP and the Order
The FAMHP through eHealth; the Order with the PDF form, filled in on a computer, then printed. Within one month.
Receive the logo
The FAMHP provides it after notification. It links to its list of online pharmacies.
Enter the reference
In your pharmacist area, under « Ma boutique ». Only once the notification is effective.
Publish medicines
The lock is lifted. Your non-prescription medicines are published from the catalogue, for collection at the pharmacy.
Official FAMHP pages (in French)
What Apoly does, and what it doesn't
Apoly does
- Show the pharmacy's identity (article 119) on the shop, on the home page and in the footer: pharmacist in charge, authorisation number, address, phone, opening hours, on-call service.
- Block publishing a medicine without a notification reference. Clearing the reference puts medicines back in draft.
- Split the basket: parapharmacy is bought and paid for online, medicines and medical devices can only be reserved. Two linked orders.
- Refuse delivery and any online payment for a medicine or a medical device: collection and payment at the counter, with no card hold.
- Exclude any offer and any discount rule on a medicine.
Apoly does not
- Notify on your behalf: the notification is the pharmacist in charge's.
- Authorise a sale or issue a statement of compliance.
- Check the reference you enter with the FAMHP: it is your responsibility.
- Replace the advice of the Order of Pharmacists.
What is still in progress
Said plainly, with no date.
- The official logo
- A placeholder stands in for it, linking to the FAMHP list. The artwork received after notification is still to be added.
- Package leaflets
- A medicine's page links to its leaflet when the document is loaded. Importing them systematically is still to be set up.
- Article 29 notices
- Not all the minimum site information is in place yet.
- Medical devices
- The publishing lock only covers medicines. Out of caution, all medical devices are already reservation-only: collection and payment at the counter.
- The FAMHP's advice
- Our reading of the « Pharmacie sur internet » page is to be confirmed: a request for advice is pending. Nothing is presented as validated.
This is not legal advice. Have your project confirmed by the Order of Pharmacists.
Questions about your situation?
We show you the pharmacist area and the lock. On the law, the Order remains your contact.
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