Exceptions to the prohibition imposed by article 2 U.K.

3.  The prohibition imposed by article 2 above shall not apply where the medicinal product is—

(a) for external use only;

(b) sold or supplied to, or is imported by or on behalf of, any of the following persons—

(i) an authorised officer within the meaning of section 5(6) of the Food Safety Act 1990 M1 or Article 2(2) of the Food Safety (Northern Ireland) Order 1991 M2 ,

(ii) a food analyst or food examiner within the meaning of section 30 of the Food Safety Act 1990 M3 or Article 30 or 31 of the Food Safety (Northern Ireland) Order 1991 M4 ,

(iii) a person duly authorised by an enforcement authority under sections 111 and 112 of the Act, or

(iv) a sampling officer within the meaning of Schedule 3 to the Act M5 ;

[F1 (c) imported from an approved country for import, and is being, or is to be, exported to a country other than the United Kingdom; or]

(d) the subject [F2 of a [F3 UK marketing authorisation, certificate of registration or traditional herbal registration] within the meaning of the Human Medicines Regulations 2012.]

Textual Amendments

F1 Art. 3(c) substituted (31.12.2020) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), reg. 1, Sch. 8 para. 6(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in art. 3(d) substituted (14.8.2012) by The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 77 (with Sch. 32)

F3 Words in art. 3(d) substituted (31.12.2020) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), reg. 1, Sch. 8 para. 6(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 1990 c.16; section 5(6) was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999 (c.28).

M2 S.I. 1991/672 (N.I. 7); article 2(2) was amended by articles 3(1) and 7(1) of the Food Safety (Amendment) (Northern Ireland) Order 1996 (S.I. 1996/1633 (N.I. 12)) and paragraphs 26 and 29 of Schedule 5 to, and Schedule 6 to, the Food Standards Act 1999.

M3 Section 30 was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999.

M4 Article 31 was amended by paragraphs 26 and 35 of Schedule 5 to the Food Standards Act 1999.

M5 Schedule 3 was amended by paragraph 12 of Schedule 3 to the Food Safety Act 1990.