The Medicines (Bal Jivan Chamcho Prohibition) (No.2) Order 1977

Prohibition of sale, supply and importation of Bal Jivan Chamcho U.K.

2.—(1) The medicinal products specified in paragraph (2) below are hereby designated for the purposes of section 62(1)(a) of the Act and, [F1 subject to paragraphs (3) and (4)] below, their sale, supply and importation is hereby prohibited.

(2) The medicinal products referred to in paragraph (1) above are those products that are presented for sale or supply as a baby tonic under the name of BAL JIVAN CHAMCHO consisting of a dark brown aromatic solid substance affixed to a spoon-shaped metal appliance which is contained in a cardboard container measuring approximately 12 × 4 × 2 centimetres and labelled in pink type in three languages, that is to say English, Gujarati and Hindi, with directions in English as follows:—

“CHILDREN DISEASES VIZ VARADH-CAPILLARY, BRONCHITIES, GREENISH DIARRHOEA, RICKETS, COUGH, CONVULSIONS ETC. RUBBING THE MEDICINE WITH WATER OR MILK TILL IT GETS COLOUR TO BE TAKEN TWICE A DAY.”.

(3) The prohibition imposed by paragraph (1) above shall not apply to the sale or supply of any medicinal product as aforesaid where the sale or supply is to any of the following persons:—

[F2 (a) a public analyst appointed under section 89 of the Food and Drugs Act 1955, section 27 of the Food and Drugs (Scotland) Act 1956 or section 31 of the Food and Drugs Act (Northern Ireland) 1958;

(b) a sampling officer within the meaning of the Food and Drugs Act 1955, the Food and Drugs (Scotland) Act 1956 or the Food and Drugs Act (Northern Ireland) 1958;]

[F2 (a) a public analyst appointed under section 27 of the Food Safety Act 1990,

(b) an authorised officer of a drugs authority,]

(c) a sampling officer within the meaning of Schedule 3 to the Act;

(d) a person duly authorised by an enforcement authority under sections 111 and 112 of the Act;

[F3 (e) an inspector appointed by the General Pharmaceutical Council under article 8(1) of the Pharmacy Order 2010.]

[F4 (4) The prohibition imposed by paragraph (1) does not apply where the medicinal product—

(a) is imported from an approved country for import; and

(b) is being, or is to be, exported to a country other than the United Kingdom.]

[F5 (5) In paragraph (4), “approved country for import” has the meaning given in regulation 8(1) of the Human Medicines Regulations 2012.]

Textual Amendments

F1 Words in art. 2(1) substituted (8.4.1997) by The Medicines (Bal Jivan Chamcho Prohibition) (No. 2) Amendment Order 1997 (S.I. 1997/856), arts. 1, 2(a)

F2 Art. 2(3)(a)(b) substituted (E.W.S.) (1.1.1991) by The Food Safety Act 1990 (Consequential Modifications) (No 2) (Great Britain) Order 1990 (S.I. 1990/2487), arts. 1, 2(1)

F3 Art. 2(3)(e) substituted (27.9.2010) by virtue of The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 19 (with Sch. 5); S.I. 2010/1621, art. 2(1), Sch.

F4 Art. 2(4) substituted (31.12.2020) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), reg. 1, Sch. 8 para. 3(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 2(5) substituted (31.12.2020) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), reg. 1, Sch. 8 para. 3(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Art. 2 in force at 10.5.1977, see art. 1(1)