Article 3 Exceptions to the prohibition imposed by article 2

United Kingdom

The prohibition imposed by article 2 shall not apply where the medicinal product is—

(a)

(i)

for external use only; and

(ii)

not a teething preparation, throat spray, throat pastille, throat lozenge, throat tablet, nasal spray or nasal inhalation or nasal drops;

(b)

sold or supplied to, or imported by or on behalf of, any of the following persons—

(i)

an authorised officer within the meaning of section 5(6) of the Food Safety Act 1990 M1 or Article 2(2) of the Food Safety (Northern Ireland) Order 1991 M2,

(ii)

a food analyst or food examiner within the meaning of section 30 of the Food Safety Act 1990 M3 or Article 30 or 31 of the Food Safety (Northern Ireland) Order 1991 M4,

(iii)

a person duly authorised by an enforcement authority under sections 111 M5 and 112 of the Act, or

(iv)

a sampling officer within the meaning of paragraph 1(1) of Schedule 3 to the Act M6;

F1(c)

is imported from an approved country for import, and is being, or is to be, exported to a country other than the United Kingdom; or

(d)

the subject F2of a F3UK marketing authorisation, certificate of registration or traditional herbal registration within the meaning of the Human Medicines Regulations 2012.

Annotations

Textual amendments

F1: Art. 3(c) substituted (31.12.2020) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), reg. 1, Sch. 8 para. 10(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in art. 3(d) substituted (14.8.2012) by The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 94 (with Sch. 32)
F3: Words in art. 3(d) substituted (31.12.2020) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), reg. 1, Sch. 8 para. 10(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Marginal citations

M1: 1990 c.16; section 5(6) was amended by paragraphs 7 and 8 of Schedule 5 to, the Food Standards Act 1999 (c.28).
M2: S.I. 1999/672 (N.I.7); article 2(2) was amended by articles 3(1) and 7(1) of the Food Safety (Amendment) (Northern Ireland) Order 1996 (S.I. 1996/6133 (N.I.12)), paragraphs 26 and 29 of Schedule 5 to, and Schedule 6 to, the Food Standards Act 1999 and article 3 of the Food Safety (Northern Ireland) Order 1991 (Amendment) Regulations (Northern Ireland) 2004 (S.R. (NI) 2004 No 482).
M3: Section 30 was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999.
M4: Article 31 was amended by paragraphs 26 and 35 of Schedule 5 to the Food Standards Act 1999.
M5: Section 111 was amended by S.I. 2005/2789.
M6: Schedule 3 was amended by paragraph 12 of Schedule 3 to the Food Safety Act 1990.