Article 3 Exemptions for merchants in veterinary drugs

(1)

The restrictions imposed by section 52 of the Act (restrictions on sale or supply of medicinal products not on a general sale list) shall not apply to the sale by retail of any veterinary drug not on a general sale list by the holder of the product licence in respect of that veterinary drug, by a specially authorised person or by a person who is for the time being carrying on a qualifying business, if that veterinary drug is specified in the second column of Schedule 1 and the conditions contained in paragraph (2) below and article 4 are compiled with.

(2)

No veterinary drug described in paragraph (1) above shall be sold by retail except to a person whom the seller knows, or has reasonable cause to believe, to be a person who 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 a part of his business activities.

(3)

The restrictions imposed by section 52 of the Act shall not apply to the sale by retail of any veterinary drug not on a general sale list and not being a prescription only medicine by a person who is for the time being carrying on a qualifying business, if –

(a)

that veterinary drug –

(i)

is or contains a veterinary drug specified in Schedule 2, and

(ii)

is intended for incorporation in animal feeding stuffs at a rate below 2 kilograms per tonne of the final medicated feeding stuff,

and the conditions contained in paragraph (4) below and article 4 are complied with; or

(b)

that veterinary drug –

(i)

is or contains a veterinary drug specified in Schedule 2, and

(ii)

is intended for incorporation in animal feeding stuffs at a rate of at least 2 kilograms per tonne of the final medicated feeding stuff,

and the conditions contained in paragraph (5) below and article 4 are complied with.

(4)

No veterinary drug described in paragraph (3)(a) above shall be sold by retail except –

(a)

to a person whose name is entered in Part A of the Register of Manufacturers, or

(b)

to a fish farmer.

(5)

No veterinary drug described in paragraph (3)(b) above shall be sold by retail except –

(a)

to a person whose name is entered in Part A or Part B of the Register of Manufacturers, or

(b)

to a fish farmer.