Medicines Act 1968, Section 67A is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)This section applies in a case where—
(a)a person (“the defendant”) is charged with an offence under section 67(2) of contravening section 63(a) or (b) in respect of a medicinal product; and
(b)the product is not sold or supplied in its adulterated state.
(2)Where the defendant is charged with contravening section 63(a), it is a defence for the defendant to prove that—
[F2(a)the adulteration took place—
(i)at a registered pharmacy, or
(ii)in the course of the provision of a relevant pharmacy service;]
(b)the defendant—
(i)was a registrant acting in the course of his or her profession, or
(ii)was acting under the supervision of a person who was a registrant acting in the course of his or her profession; and
(c)at the time of the alleged contravention, the defendant did not know that the product was being adulterated.
(3)Where the defendant is charged with contravening section 63(b), it is a defence for the defendant to prove that—
[F3(a)the adulteration took place—
(i)at a registered pharmacy, or
(ii)in the course of the provision of a relevant pharmacy service;]
(b)the person who adulterated the product—
(i)was a registrant acting in the course of his or her profession, or
(ii)was acting under the supervision of a person who was a registrant acting in the course of his or her profession; and
(c)at the time of the alleged contravention, the defendant did not know that the product had been adulterated.]
Textual Amendments
F1Ss. 67A-67E inserted (16.4.2018) by The Pharmacy (Preparation and Dispensing Errors Registered Pharmacies) Order 2018 (S.I. 2018/181), arts. 1(3), 4 (with art. 2); S.I. 2018/402, art. 2
F2S. 67A(2)(a) substituted (1.12.2022) by The Pharmacy (Preparation and Dispensing Errors – Hospital and Other Pharmacy Services) Order 2022 (S.I. 2022/851), arts. 1(3), 5(2) (with art. 3); S.I. 2022/1024, art. 2
F3S. 67A(3)(a) substituted (1.12.2022) by The Pharmacy (Preparation and Dispensing Errors – Hospital and Other Pharmacy Services) Order 2022 (S.I. 2022/851), arts. 1(3), 5(3) (with art. 3); S.I. 2022/1024, art. 2
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