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Exemptions for merchants in veterinary drugs

3.—(1) The restrictions imposed by section 52 of the Act (restrictions on sale or supply of medicinal products not on a general sale list) 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 of that veterinary drug, by a specially authorised person or by a person entered in the Register of Merchants as a Category I merchant if that veterinary drug is specified in the second column of Schedule 1 and the conditions contained in paragraph (2) below and article 4 are complied with.

(2) No veterinary drug described in paragraph (1) above shall be sold by retail except to a person whom the seller knows, or has reasonable cause to believe, to be a person who has animals under his control for the purposes of, and in the course of carrying on, a business, either as his sole business activity or as part of his business activities.

(3) 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 and not being a prescription only medicine by a person entered in the Register of Merchants as a Category I merchant, if–

(a)that veterinary drug–

(i)is a veterinary drug specified in Schedule 2, and

(ii)is intended for incorporation in animal feeding stuffs at a rate below 2 kilograms per tonne of the final medicated feeding stuff,

and the conditions contained in paragraph (4) below and article 4 are complied with; or

(b)that veterinary drug–

(i)is a veterinary drug specified in Schedule 2, and

(ii)is intended for incorporation in animal feeding stuffs at a rate of at least 2 kilograms per tonne of the final medicated feeding stuff,

and the conditions contained in paragraph (5) below and article 4 are complied with.

(4) No veterinary drug described in paragraph (3)(a) above shall be sold by retail except–

(a)to a person whose name is entered in Part A of the Register of Manufacturers, or

(b)to a fish farmer.

(5) No veterinary drug described in paragraph (3)(b) above shall be sold by retail except–

(a)to a person whose name is entered in Part A or Part B of the Register of Manufacturers, or

(b)to a fish farmer.