Part II Licences and Certificates Relating to Medicinal Products

General provisions and exemptions

C28 Provisions as to manufacture and wholesale dealing. C1

1

The following provisions of this section shall have effect without prejudice to the operation of section 7 of this Act, but subject to the exemptions and provisions referred to in paragraphs (a) to (c) of subsection (1) of that section.

C32

No person shall, in the course of a business carried on by him, manufacture or assemble any medicinal product except in accordance with a licence granted for the purposes of this subsection (in this Act referred to as a “manufacturer’s licence”).

F1C4C53

F2Subject to subsection (3C) of this section, no person shall, in the course of a business carried on by him—

a

sell, or offer for sale, any medicinal product by way of wholesale dealing, or

C6C7b

distribute, otherwise than by way of sale, any proprietary medicinal product F3, ready-made veterinary drug or industrially produced medicinal product other than a veterinary drug which has been imported, but was not consigned from a member State,

except in accordance with a F4wholesale dealer’s licence.

F53A

Without prejudice to the generality of subsection (3) of this section but subject to subsection (3C), no person shall, in the course of a business carried on by him, distribute by way of wholesale dealing a product to which Chapters II to V of the 1965 Directive apply except in accordance with a wholesale dealer’s licence.

3B

Distribution of such a product by way of wholesale dealing shall not be taken to be in accordance with a wholesale dealer’s licence unless, in particular, it occurs in the course of a business which is carried on at a place or places specified in the licence.

3C

The restrictions imposed by subsections (3) and (3A) of this section do not apply to anything done in relation to a product to which Chapters II to V of the 1965 Directive apply by the holder of a manufacturer’s licence in respect of it.

F64

Where the product which a person distributes is not a veterinary drug, subsection (3)(b) of this section shall not apply if the product is—

a

whole human blood, human blood plasma or blood cells of human origin,

b

a radiopharmaceutical in which the radionuclide is in the form of a sealed source, or

c

a homoeopathic medicinal product.

5

Where the product which a person distributes is a veterinary drug, subsection (3)(b) of this section shall not apply if the product is—

a

a vaccine, toxin or serum,

b

a product based on radioactive isotopes,

c

a product specially prepared for administration by a veterinary surgeon or veterinary practitioner to a particular animal or herd which is under his care,

d

a homoeopathic medicinal product, or

e

an additive for animal feeding stuffs to which the provisions of Council Directive 70/524/EEC apply.

6

In this section, “proprietary medicinal product”, “radiopharmaceutical” and “ready-made veterinary drug” have the same meanings as in section 7 of this Act.

F77

In this section any reference to distribution of a product by way of wholesale dealing is a reference to—

a

selling or supplying it, or

b

procuring, holding or exporting it for the purposes of sale or supply,

to a person who receives it for the purposes of—

i

selling or supplying it, or

ii

administering it or causing it to be administered to one or more human beings,

in the course of a business carried on by that person.

8

In this Act any reference to a wholesale dealer’s licence is a reference to a licence granted for the purposes of subsection (3) or (3A) of this section.