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3.—(1) A person who sells or supplies to another an HIV testing kit which does not comply with the condition set out in paragraph (2) of this regulation shall be guilty of an offence.
(2) The condition referred to in paragraph (1) of this regulation is that the kit is, at the time of sale or supply, accompanied by a notice which—
(a)indicates that the kit must not be sold or supplied to a member of the public; and which
(b)includes a warning that the result of a test which purports to have detected the presence of HIV or HIV antibodies (sometimes described as a “positive” result) should not be relied on unless confirmed by at least one other test result; and which
(c)in the case of a kit for detecting the presence of HIV antibodies, includes a warning that the result of a test which has failed to detect their presence (sometimes described as a “negative” result) may not have detected recently acquired HIV, for which antibodies have not yet developed.
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