Explanatory Note
(This note is not part of the Order)
This Order revokes the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (No. 2) Order 1989, as amended.
The Order continues to provide for certain exemptions from the restrictions imposed by section 52 of the Medicines Act 1968 (“the Act”). Section 52 restricts the retail sale or supply of medicinal products not on a general sale list (a general sale list being a list of medicinal products which are specified in an Order under section 51 of the Act and which may be freely sold) to sale or supply from a registered pharmacy by or under the supervision of a pharmacist.
The Order continues to exempt from section 52 the retail sale or supply of any veterinary drug described in article 3(1) by specified persons subject to certain conditions (article 3).
The Order continues to exempt from section 52 the placing on the market of any veterinary drug incorporated in an intermediate feed by specified persons subject to certain conditions (article 6).
Pursuant to article 2 of Council Directive 90/167/EEC (laying down the conditions governing the preparation, placing on the market and use of medicated feeding stuffs in the Community, OJ No. L 92, 7.4.90 p.42) a definition of “placing on the market” has been inserted in article 2(1) and the consequential amendments made to articles 6, 7, 8, 9 and 10 in respect of provisions governing intermediate feed. This amendment is made under the provisions of section 2(2) of the European Community Act 1972.
The Order also continues to exempt from section 52 the retail sale or supply of specified veterinary drugs for incorporation in animal feeding stuffs where the sale or supply is by specified persons subject to certain conditions (article 9).
Pursuant to article 4 of Council Directive 90/167/EEC the period of time that the record of any sale of veterinary drugs or intermediate feed is required to be kept pursuant to articles 4(3), 7(3) and 10(2) is extended from two to three years.
The Order also continues to exempt from section 52 the retail sale or supply of any veterinary drug (horse wormers) by specified persons subject to certain conditions (article 11).
Further exemptions continue to be given in respect of the retail sale or supply of specified drugs in a registered pharmacy by persons acting on behalf of a pharmacist and to the supply of specified drugs by a pharmacist subsequent to retail sale (article 13) and in cases involving another person’s default (article 14).
The fees for the registration, retention and restoration in the Register of Category 1 agricultural merchants (article 5(7)) and for saddlers (article 12(7)) have been slightly increased; the fees for the registration, retention and restoration in the Register of Category 2 agricultural merchants (article 8(7)) have been slightly decreased.
The Codes of Practice referred to in the Order have been updated and are priced publications available from MAFF Publication, London SE 997TP.