Article 6 Conditions of exemption for agricultural merchants and saddlers relating to sale
The exemption provided by article 4 shall further be subject to the conditions relating to sale applicable to agricultural merchants and saddlers set out in paragraph (2) below and the additional conditions applicable to agricultural merchants set out in paragraph (3) below.
The conditions which must be complied with by an agricultural merchant and saddler are that:
premises in which he sells veterinary drugs to which this Order applies must be occupied by him and under his control at all times when the premises are open for business, and he must store those products in a part of the premises partitioned off or otherwise separated from the rest of the premises and to which the public are not permitted access,
the suitably qualified person nominated or notified in accordance with article 5 or, in the case of his temporary absence, an alternative suitably qualified person, shall authorise each sale of veterinary drugs to which this Order applies,
unless allowed by virtue of other legal provisions relating to veterinary drugs, veterinary drugs other than those to which this Order applies may not be sold,
each veterinary drug sold is in the container in which it was made up for sale by the manufacturer or assembler which has not been opened since then, the product bears the manufacturer’s label which has not been altered and the product is not sold after the date of expiry indicated on its label,
the sale is not by self-service methods,
if the product is a cat wormer, a dog wormer or a horse wormer, the sale is to a person whom he knows or has reasonable cause to believe has in his charge a cat if the product is cat wormer, a dog if the product is a dog wormer or a horse or pony if the product is a horse wormer and will use the product for the treatment of the animal concerned, and
he complies with the requirements as to records specified in article 8.
The additional conditions which must be complied with by an agricultural merchant are that:
if the product is not a cat wormer, dog wormer or horse wormer, the sale is to a person whom he knows or has reasonable cause to believe has animals under his control for the purposes of, and in the course of carrying on, a business, either as his sole business activity or as part of his business activities, and
if the product is an organophosphorus sheep dip, or after 30th December 1998 if the product is a sheep dip, not intended for export, the sale is to a person whom he knows or has reasonable cause to believe is the holder, or the employer of or a person acting on behalf of the holder, of a Certificate of Competence, and the agricultural merchant keeps a record of the Certificate number for three years from the date of sale.