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

Exemptions in respect of veterinary drugs to be incorporated in animal feeding stuffs and of, intermediate feed

9.—(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 nor of any intermediate feed by–

(a) the holder of the product licence in respect thereof;

(b) the holder of a product licence in respect of an intermediate feed containing or consisting of a veterinary drug;

(c) a specially authorised person;

(d) a person whose name is entered in the Register of Merchants as a Category I merchant; or, in the case of an intermediate feed, a person whose name is entered in the Register of Merchants as a Category I or II merchant;

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

(f) a wholesale dealer,

if that veterinary drug–

(i) is or contains a veterinary drug specified in Schedule 2 or, in the case of an intermediate feed, specified in Schedule 2 or Schedule 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 (2) below and article 10 are complied with.

(2) No veterinary drug nor intermediate feed described in paragraph (1) above shall be sold by retail by any of the persons–

(a) specified in paragraph (1)(a) to (d), or, in the case of intermediate feed, specified in paragraph (1)(e), except to a person whose name is entered in Part A of the Register of Manufacturers or to a fish farmer;

(b) specified in paragraph (1)(e) or (f), except to a person whose name is entered in Part A of the Register of Manufacturers and who the seller knows, or has reasonable cause to believe, to be a person who does not have animals under his control for the purposes of, or in the course of carrying on, a business, either as his sole business activity or as part of his business activities, except for research or educational purposes only.

(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 nor of any intermediate feed by–

(a) the holder of the product licence in respect thereof;

(b) the holder of a product licence in respect of an intermediate feed containing or consisting of a veterinary drug;

(c) a specially authorised person;

(d) a person whose name is entered in the Register of Merchants as a Category I merchant; or, in the case of an intermediate feed, a person whose name is entered in the Register of Merchants as a Category I or II merchant;

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

(f) a wholesale dealer,

if that veterinary drug or intermediate feed–

(i) is or contains a veterinary drug specified in Schedule 2 or, in the case of an intermediate feed, specified in Schedule 2 or Schedule 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 (4) below and article 10 are complied with.

(4) No veterinary drug nor intermediate feed described in paragraph (3) above shall be sold by retail by any of the persons–

(a) specified in paragraph (3)(a) to (d), or, in the case of intermediate feed, specified in paragraph (3)(e), except to a person whose name is entered in Part A or Part B of the Register of Manufacturers or to a fish farmer;

(b) specified in paragraph (3)(e) or (f), except to a person whose name is entered in Part A of the Register of Manufacturers and who the seller knows, or has reasonable cause to believe, to be a person who does not have animals under his control for the purposes of, or in the course of carrying on, a business, either as his sole business activity or as part of his business activities, except for research or educational purposes only.

(5) 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 nor of any intermediate feed by–

(a) the holder of the product licence in respect thereof,

(b) the holder of a product licence in respect of an intermediate feed containing or consisting of such a veterinary drug,

(c) a specially authorised person,

(d) a person whose name is entered in Part A of the Register of Manufacturers and who does not have animals under his control for the purposes of, or in the course of carrying on, a business, either as his sole business activity or as part of his business activities, except for research or educational purposes, or

(e) wholesale dealer,

if that veterinary drug or intermediate feed is or contains a veterinary drug specified in Schedule 3 and the conditions contained in paragraph (6) below and article 10 are complied with.

(6) No veterinary drug nor any intermediate feed described in paragraph (3) above shall be sold by retail except–

(a) to a person whose name is entered in Part A of the Register of Manufacturers and whom the seller knows, or has reasonable cause to believe, to be a person who does not have animals under his control for the purposes of or in the course of carrying on, a business, either as his sole business activity or as part of his business activities, except for research or educational purposes only, or

(b) to a person–

(i) whose name is entered in Part A of the Register of Manufacturers and 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 but not for research or educational purposes only;

(ii) whose name is entered in Part B of the Register of Manufacturers, or

(iii) who is a fish farmer,

on production by him of a veterinary written direction.