The Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) Order 1989

Explanatory Note

(This note is not part of the Order)

This Order consolidates with amendments the Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) Order 1985, as amended, and implements in part the provisions of Article 13 of Council Directive 70/524/EEC (OJ No. L270, 14.12.70, p.1 (OJ/SE 1970 (III) p.840)) concerning additives in feeding-stuffs, as substituted by Article 1 of Council Directive 84/587/EEC (OJ No. L 319, 8.12.84, p.13).

The Order continues to provide for certain exemptions from the restrictions imposed by section 52 of the Medicines Act 1968 ("the Act"). Section 52 restricts the retail sale or supply of medicinal products not on a general sale list (a general sale list being a list of medicinal products which are specified in an order under section 51 of the Act and which may be freely sold) to sale or supply from a registered pharmacy by or under the supervision of a pharmacist.

The Order continues to exempt from section 52 the retail sale or supply of any veterinary drug described in article 3(1) by product licence holders, by specially authorised persons (as defined in article 2(1)) or by persons carrying on a business involving, at least in part, the retail sale of agricultural requisites ("merchants"), provided that the relevant conditions are satisfied articles 3(1) and (2) and 4). Additionally, the Order exempts merchants selling or supplying veterinary drugs described in article 3(3)(a) or (b) where the drugs are sold or supplied to fish farmers or to persons registered in a Register of Manufacturers kept by the Pharmaceutical Society of Great Britain ("the Society") or the Department of Agriculture for Northern Ireland under regulation 6(1) of the Medicines (Medicated Animal Feeding Stuffs) Regulations 1988, provided that the relevant conditions are satisfied (articles 3(3) to (5) and 4). In the case of veterinary drugs described in article 3(1) or (3)(a) or (b), these conditions include a requirement that merchants be registered in a Register of Merchants in veterinary drugs kept by the Society or the Department of Health and Social Services for Northern Ireland (article 4(4)). Detailed requirements continue to be set out in the Order relating to registration in that Register, including provision for payment of fees and giving an undertaking to comply with a specified Code of Practice (article 5).

The Order also continues to exempt from section 52 the retail sale or supply of specified veterinary drugs for incorporation in animal feeding stuffs where the sale or supply is by product licence holders, by specially authorised persons or by persons carrying on a business wholly or mainly comprising the sale or supply in bulk of veterinary drugs, provided that certain conditions are satisfied (article 6).

The Order also continues to exempt from section 52 the retail sale or supply of any veterinary drug described in article 7(1)(a) (horse wormers) by product licence holders, by specially authorised persons, by merchants or by persons carrying on a saddlery business (as defined in article 2(1)), provided that specified conditions are complied with (article 7). In the case of merchants and persons carrying on a saddlery business, these conditions include a requirement that they be registered in the appropriate register kept by the Society or the Department of Health and Social Services for Northern Ireland (articles 7(5) and 8).

Further exemptions continue to be given in respect of the retail sale or supply of specified drugs in a registered pharmacy by persons acting on behalf of a pharmacist and to the supply of specified drugs by a pharmacist subsequent to retail sale (article 9) and in cases involving another person’s default (article 10).

The Codes of Practice referred to in the Order are priced publications and are available from MAFF Publications Unit, Willowburn Estate, Alnwick, Northumberland, NE66 2PF.