The Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (No. 2) Order 1989

Exemptions for merchants in horse wormers

11.—(1) The restrictions imposed by section 52 of the Act shall not apply to the sale by retail of any veterinary drug not on a general sale list by the holder of the product licence in respect of that veterinary drug, by a specially authorised person or by a person who is for the time being carrying on a qualifying business or a saddlery business if–

(a) that veterinary drug is specified in the second column of Schedule 4, and

(b) the conditions contained in this article are complied with.

(2) No veterinary drug described in paragraph (1)(a) above shall be sold by retail except–

(a) in the container in which it was made up for sale by the manufacturer or, as the case may be, the assembler of the drug,

(b) in a container which has not been opened since the drug was made up for the sale in it,

(c) on premises which are occupied by, and under the control of, the seller at the time of sale and which are capable of being closed so as to exclude the public, and

(d) to a person whom the seller knows, or has reasonable cause to believe, to be a person who has in his charge horses or ponies,

except that, where a person has lawfully purchased a veterinary drug on the premises of the seller, condition (c) above shall not apply to the subsequent delivery of that drug to that person.

(3) No veterinary drug described in paragraph (1)(a) above shall be sold by retail by self-service methods.

(4) In respect of any sale by retail of any veterinary drug described in paragraph (1)(a) above the seller shall make a record of the sale containing particulars of–

(a) the date on which the veterinary drug was sold, and

(b) the name, quantity and, except where it is apparent from the name, the pharmaceutical form and strength of the veterinary drug sold,

and shall keep such record for a period of two years from the date of the sale.

(5) No person shall, in the course of a qualifying business or a saddlery business carried on by him, sell by retail any veterinary drug described in paragraph (1)(a) above unless his name is entered in the register kept by the Society or the Department of Health (N.I.) under article 12(1) in respect of each premises on which the drug is sold or stored.

(6) In paragraph (2)(c) above “premises” includes a stall of a permanent nature situated at a market or agricultural showground.