The Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) Order 1992

Interpretation and revocation

2.—(1) In this Order, unless the context otherwise requires—

“the Act” means the Medicines Act 1968;

“agricultural requisites” means things used in the cultivation of the soil or in the keeping of animals for the production of food or as game, and equipment used for the collection of produce from animals kept for the production of food and things used for the maintenance of such equipment, and includes any protective clothing but does not include any other kind of human apparel;

“the Department of Agriculture” means the Department of Agriculture for Northern Ireland;

“the Department of Health (N.I.)” means the Department of Health and Social Services for Northern Ireland;

“final medicated feeding stuff” means any substance, not being a medicinal product, which is for use wholly or mainly by being fed to one or more animals for a medicinal purpose, or for purposes that include that purpose, without further processing;

“fish farmer” means—

(a)

a person carrying on a business of fish farming or shellfish farming which is registered in a register kept by the Minister or the Secretary of State (as the case may be) pursuant to the Registration of Fish Farming and Shellfish Farming Businesses Order 1985(1), or

(b)

a person to whom a licence has been granted by the Department of Agriculture under section 11 of the Fisheries Act (Northern Ireland) 1966(2);

“intermediate feed” means a medicated feeding stuff sold, supplied or imported for use wholly or mainly as an ingredient in the preparation of a substance which is to be fed to one or more animals for a medicinal purpose or for purposes that include that purpose, with or without further processing;

“the Minister” means the Minister of Agriculture, Fisheries and Food;

“placing on the market” means the holding for sale or disposal in any other form whatever to third parties, whether or not for consideration, and actual sale or disposal;

“prescription only medicine” means a medicinal product falling within a description or class for the time being specified for the purposes of section 58 of the Act in an Order made under that section(3);

“qualifying business” means a business involving in whole or in part the retail sale of agricultural requisites;

“the Register of Manufacturers” means the register of persons entitled to incorporate medicinal products in animal feeding stuffs kept respectively by the Department of Agriculture, and the registrar under regulation 3(1) of the Medicines (Medicated Animal Feeding Stuffs) Regulations 1992(4);

“the Register of Merchants” means the register of merchants in veterinary drugs or intermediate feed kept respectively by the Society and the Department of Health (N.I.), under articles 5(1) and 8(1) of this Order;

“saddlery business” means a business involving in whole or in part the retail sale of saddlery requisites;

“saddlery requisites” means products and equipment used in the keeping of horses or ponies and things used for the maintenance of such equipment, and includes any human apparel used in the keeping of horses or ponies;

“self-service methods” means any method of sale which allows a purchaser to help himself on or before payment;

“sell by retail” includes offer or expose for sale by retail and supply in circumstances corresponding to retail sale, and cognate expressions shall be construed accordingly;

“the Society” means the Royal Pharmaceutical Society of Great Britain;

“a specially authorised person” means, in relation to a veterinary drug—

(a)

a person specially authorised, by virtue of a direction of the licensing authority under article 3(1) of the Medicines (Exemptions from Licences) (Special and Transitional Cases) Order 1971(5), to assemble that drug otherwise than in accordance with a manufacturer’s licence; or

(b)

a person specially authorised by the product licence in respect of that drug to sell the drug under the alternative product name specified in the licence;

“veterinary drug” includes a veterinary drug in respect of which a product licence is granted, after the date of coming into force of this Order, containing a provision to the effect that it may be sold by retail only in accordance with a prescription by an appropriate practitioner or by a person referred to in article 3(1), 6(1), 9(1), 11(1) or 13(1) of this Order;

“veterinary drug not on a general sale list” means a veterinary drug which is not of a description or falling within a class, specified in an Order under section 51 of the Act which is for the time being in force(6) ;

“wholesale dealer” means a person for the time being carrying on a business wholly or mainly comprising the sale or supply in bulk of veterinary drugs.

(2) Unless the context otherwise requires, any reference in this Order to a numbered article or Schedule is to the article of, or Schedule to, this Order which bears that number.

(3) The Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (No.2) Order 1989(7) , the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (No. 2) (Amendment) Order 1990(8) and the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (No. 2) (Amendment No. 2) Order 1990(9) are hereby revoked.

(1)

S.I. 1985/1391.

(2)

1966 c. 17 (N.I.), amended by S.I. 1991/1466.

(3)

S.I. 1991/1392, amended by S.I. 1991/2568.

(4)

S.I. 1992/32.

(5)

S.I. 1971/1450, to which there are amendments not relevant to this Order.

(6)

The current relevant Order is S.I. 1984/768.

(7)

S.I. 1989/2318.

(8)

S.I. 1990/568.

(9)

S.I. 1990/2496.