The Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) Order 1989

Exemptions in respect of veterinary drugs to be incorporated in animal feeding stuffs

6.—(1) 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 by the holder of the product licence in respect thereof, by a specially authorised person, or by a person for the time being carrying on a business wholly or mainly comprising either the manufacture of animal feeding stuffs for sale or the sale or supply in bulk of veterinary drugs, if that veterinary drug –

(a) is a veterinary drug consisting of or contained in a medicinal product in respect of which there has been granted a product licence, being a licence of right and is not on a general sale list by reason only of its consisting of or containing one or more substances specified in the second column of Schedule 2 or, in the case of prescription only medicines of Schedule 3, and

(b) the conditions set out in paragraphs (2) to (6) below are complied with.

(2) No veterinary drug described in paragraph (1)(a) above shall be sold by retail except –

(a) for incorporation in animal feeding stuffs; and

(b) to a person whom the seller knows, or has reasonable cause to believe, to be a person carrying on a business wholly or mainly comprising the manufacture of animal feeding stuffs for sale.

(3) No veterinary drug described in paragraph (1)(a) above shall be sold by retail by self-service methods.

(4) (a) In respect of any sale by retail of any veterinary drug described in paragraph (1)(a) above the seller shall make a record of the sale containing the particulars specified in sub-paragraph (b) below and shall keep such record for a period of two years from the date of the sale.

(b) The particulars referred to in sub-paragraph (a) above are –

(i) the date on which the veterinary drug was sold;

(ii) the name, quantity and, except where it is apparent from the name, the pharmaceutical form and strength of the veterinary drug sold; and

(iii) the name and address of the person to whom the veterinary drug was sold.

(5) No person shall, in the course of a business carried on by him, sell by retail any veterinary drug described in paragraph (1)(a) above unless –

(a) before making any such sale he, or a previous owner of the business, has notified the Society, or in the case of a business carried on in Northern Ireland, the Department of Health, of the relevant particulars;

(b) every twelve months after the first notification, whether made by him or by a previous owner, he notifies the Society or the Department of Health, as appropriate, of the relevant particulars; and

(c) he notifies the Society or the Department of Health, as appropriate, of any change in the relevant particulars which has occurred since the last notification thereof as soon after such change occurs as is reasonably practicable.

(6) In paragraph (5) above “the relevant particulars”, in relation to a business, means the name of the business and the address, or, where appropriate, the location of every premises on which, during the course of the carrying on of that business, veterinary drugs described in paragraph (1)(a) above are being, or are during the next twelve months to be, sold or stored.