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Medicines Act 1968
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Changes over time for: Section 67A
Version Superseded: 01/12/2022
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- 16/04/2018- Amendment
- 16/04/2018
Point in time - 01/12/2022- Amendment
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[F167A.Defence to offence of contravening section 63(a) or (b): product not sold or suppliedU.K.
(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—
(a)the adulteration took place at a registered pharmacy;
(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—
(a)the adulteration took place at a registered pharmacy;
(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
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