Regulation 241 Exemptions in respect of certain herbal remedies

(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.

Notes on Part 12

Modifications

C1: Pt. 12 modified (E.W.) (1.10.2015) by The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015 (S.I. 2015/895), regs. 1(3), 4(2)