Regulation 7 Exemption: retail pharmacy businessI1

Scotland

(1)

Regulation 5(1) does not apply to the supply of a single-use plastic straw by a retail pharmacy business in the cases referred to in paragraph (2), provided that the conditions in paragraph (3) are complied with.

(2)

For the purposes of paragraph (1), the cases are where the single-use plastic straw is supplied to an end-user—

(a)

at a registered pharmacy, or

(b)

by means of online or other distance selling arrangements.

(3)

The conditions are that the single-use plastic straws—

(a)

must not be advertised to customers by the retail pharmacy business, and

(b)

if supplied at a registered pharmacy—

(i)

must not be kept in a place where they are visible to customers, or where customers can access them, and

(ii)

must not be offered or provided to a customer unless the customer has requested them.

(4)

The condition in paragraph (3)(a) does not prohibit the display of single-use plastic straws for sale on a website or an application through which the retail pharmacy business sells products online.

(5)

The condition in paragraph (3)(b)(ii) does not prohibit the offering or provision of single-use plastic straws which are medical devices or for use for medical purposes to a customer who has not requested them.

(6)

In this regulation, “registered pharmacy” and “retail pharmacy business” have the meanings given in regulation 8(1) of the Human Medicines Regulations 2012^f1.

Annotations

Commencement

I1: Reg. 7 in force at 1.6.2022, see reg. 1(1)

Footnotes

f1: S.I. 2012/1916, to which there are amendments not relevant to these Regulations.