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The Medicines (Retail Sale or Supply of Herbal Remedies) Order 1977

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Exemption for certain herbal remedies

3.—(1) The restrictions imposed by sections 52 and 53 of the Act shall not apply to the sale by retail, offer or exposure for sale by retail or supply in circumstances corresponding to retail sale of any herbal remedy falling within a class specified in Article 2 of this order where the processes to which the plant or plants are subjected consist of drying, crushing or comminuting with or without any subsequent process of tabletting, pill-making, compressing or diluting with water but not any other process, if and so long as the conditions specified in paragraph (2) of this Article are satisfied.

(2) The conditions referred to in paragraph (1) above are that—

(a)the herbal remedy referred to in paragraph (1) above does not contain a substance listed in Part I or Part II of the Schedule to this order,

(b)the person selling or supplying the said herbal remedy is the occupier of the premises from which the said remedy is sold or supplied and is able to close those premises so as to exclude the public, and

(c)the person selling or supplying the said herbal remedy either—

(i)has notified the enforcement authority in writing that he is selling or supplying or intends to sell or supply herbal remedies to which the exemption conferred by paragraph (1) of this Article applies from the premises specified in the notice, or

(ii)is the holder of a manufacturer's licence granted under Part II of the Act in respect of that remedy.

(3) Notwithstanding paragraph (1) above and subject to paragraph (5) below, the said restrictions also do not apply to the sale by retail, offer or exposure for sale by retail or supply in circumstances corresponding to retail sale of any herbal remedy falling within a class specified in Article 2 of this order if and so long as the conditions specified in paragraph (4) of this Article are satisfied.

(4) The conditions referred to in paragraph (3) above are that—

(a)the herbal remedy referred to in paragraph (3) above does not contain a substance listed in Part I of the Schedule to this order,

(b)the said herbal remedy does not contain a substance listed in column 1 of Part III of the said Schedule except when sold or supplied—

(i)in or from containers or packages labelled to show a does not exceeding the maximum dose or the maximum daily dose specified in column 2 of the said Part III, and

(ii)where the herbal remedy is for external use only, with the percentage of the substance not exceeding that specified in column 3 of the said Part III,

(c)the person selling or supplying the said herbal remedy—

(i)has been requested by or on behalf of a particular person and in that person's presence to use his own judgment as to the treatment required, and

(ii)has notified the enforcement authority in writing that he is selling or supplying or intends to sell or supply herbal remedies to which the exemption conferred by paragraph (3) of this Article applies from the premises specified in the notice.

(5) Where the enforcement authority serves on a person selling or supplying herbal remedies to which the exemption conferred by paragraph (3) of this Article applies a notice requiring him, within such time as may be specified in the notice, to furnish to the enforcement authority a list specifying the substances contained in the herbal remedies which he sells or supplies by virtue of the said exemption, that exemption shall not apply after the time so specified in the notice has elapsed and so long as that person fails to comply with the requirement.

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