Regulation 5 Exemption: retail pharmacy business

(1)

Regulation 3(1) does not apply to a person who in the course of a retail pharmacy business supplies wet wipes containing plastic in the cases referred to in paragraph (2), provided that the conditions in paragraph (3) are complied with.

(2)

The cases referred to in paragraph (1) are where wet wipes containing plastic are 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 wet wipes containing plastic—

(a)

must not be advertised to customers in Scotland 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 wet wipes containing plastic for sale on a website or an application through which the retail pharmacy business sells products online.

(5)

In this regulation, “registered pharmacy” and “retail pharmacy business” have the meanings in regulation 8(1) (general interpretation) of the Human Medicines Regulations 2012^f1 so far as these definitions relate to registered pharmacies and retail pharmacy businesses in Scotland.

Annotations

Footnotes

f1: S.I. 2012/1916, to which there are no amendments relevant to these Regulations.