The Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (No. 2) Order 1989

Exemptions for merchants in intermediate feed

6.—(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 intermediate feed by the holder of a product licence in respect of that intermediate feed, by a specially authorised person or by a person entered in the Register of Merchants as a Category I or II merchant if that intermediate feed contains a veterinary drug specified in the second column of Schedule 2 or 3 and the conditions contained in paragraphs (2) and (6) below and article 7 are complied with.

(2) No intermediate feed prescribed 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 intermediate feed by a person who is entered in the Register of Merchants as a Category I or II merchant if–

(a) that intermediate feed–

(i) contains a veterinary drug specified in Schedule 2 or 3, 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 7 are complied with; or

(b) that the intermediate feed–

(i) contains a veterinary drug specified in Schedule 2 or 3, 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 7 are complied with.

(4) No intermediate feed 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 intermediate feed 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.

(6) No intermediate feed which contains a prescription only veterinary drug specified in Schedule 3 shall be sold by retail to any person (except as provided for in article 9(6)(a)) except on production by him of a veterinary written direction.