Article 4 Exceptions to the prohibitions imposed by articles 2 and 3 aboveI1

United Kingdom

(1)

The prohibitions imposed by articles 2 and 3 above are subject to the exceptions specified in the following paragraphs of this article.

(2)

The prohibitions imposed by articles 2 and 3 above shall not apply where a medicinal product as referred to in those articles is sold or supplied to, or, in the case of importation, is imported by or on behalf of, any of the following persons—

(a)

a food analyst or food examiner within the meaning of section 30 of the Food Safety Act 1990^f1;

(b)

a food analyst or food examiner within the meaning of Article 30 or 31 of the Food Safety (Northern Ireland) Order 1991^f2;

(c)

an authorised officer within the meaning of section 5(6) of the Food Safety Act 1990, or Article 2(2) of the Food Safety (Northern Ireland) Order 1991^f3;

(d)

a person duly authorised by an enforcement authority under sections 111 and 112 of the Act;

(e)

a sampling officer within the meaning of Schedule 3 to the Act.

F1(3)

The prohibition imposed by articles 2 and 3 does not apply where the medicinal product—

(a)

is imported from an approved country for import; and

(b)

is being, or is to be, exported to a country other than the United Kingdom.

(4)

The prohibitions imposed by articles 2 and 3 above shall not apply where a medicinal product as referred to in those articles is the subject of a product licence^f4, a F2 UK marketing authorisation, certificate of registration or traditional herbal registration F3within the meaning of the Human Medicines Regulations 2012.

Annotations

Textual amendments

F1: Art. 4(3) substituted (31.12.2020) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), reg. 1, Sch. 8 para. 5(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in art. 4(4) substituted (31.12.2020) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), reg. 1, Sch. 8 para. 5(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in art. 4(4) substituted (14.8.2012) by The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 75 (with Sch. 32)

Commencement

I1: Art. 4 in force at 1.7.2001, see art. 1(1)

Footnotes

f1: 1990 c. 16; section 30 was amended by section 40 of, and paragraph 8 of Schedule 5 to, the Food Standards Act 1999 (c. 28).
f2: S.I. 1991/762 (N.I. 7); as amended by S.I. 1996/1633 (N.I. 12).
f3: Section 5(6) was amended by section 40 of, and paragraph 8 of Schedule 5 to, the Food Standards Act 1999 (c. 28), and article 2(2) was amended by paragraph 29 of Schedule 5 to, and Schedule 6 to, that Act.
f4: “Product licence” has the meaning assigned to it by section 7 of the Act.