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241.—(1) Regulations 220 and 221 do not apply to the sale or supply, or offer for sale or supply by a person (“A”) of a herbal medicinal product if—
(a)the product does not contain a substance listed in Part 1 of Schedule 20;
(b)the product does not contain a substance listed in column 1 of Part 2 of that Schedule, unless the product is sold or supplied—
(i)in the case of a product for which there is a corresponding entry in column 2 of that Part, in or from containers or packages labelled to show a dose not exceeding the maximum dose or maximum daily dose specified in that entry, and
(ii)in the case of a product for which there is a corresponding entry in column 3 of that Part, with the percentage of the substance in the product not exceeding that specified in that entry;
(c)the sale or supply, or offer for sale or supply, takes place on premises occupied by A and from which A can exclude the public; and
(d)the product is for administration to a person (“B”) and A has been requested by or on behalf of B and in B’s presence to use A’s judgment as to the treatment required.
(2) A reference in this regulation to a substance listed in either Part of Schedule 20 is a reference to a substance that is obtained from any botanical source listed in either Part.
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