The Medicines for Human Use (Kava-kava) (Prohibition) Order 2002

Exceptions to the prohibition imposed by article 2

3.  The prohibition imposed by article 2 above shall not apply where the medicinal product is—

(a) for external use only;

(b) sold or supplied to, or is imported by or on behalf of, any of the following persons—

(i) an authorised officer within the meaning of section 5(6) of the Food Safety Act 1990(1) or Article 2(2) of the Food Safety (Northern Ireland) Order 1991(2),

(ii) a food analyst or food examiner within the meaning of section 30 of the Food Safety Act 1990(3) or Article 30 or 31 of the Food Safety (Northern Ireland) Order 1991(4),

(iii) a person duly authorised by an enforcement authority under sections 111 and 112 of the Act, or

(iv) a sampling officer within the meaning of Schedule 3 to the Act(5);

(c) imported from an EEA State, if the product—

(i) originates in an EEA State, or

(ii) originates outside the European Economic Area, but is in free circulation in member States,

and is being, or is to be, exported to an EEA State other than the United Kingdom; or

(d) the subject of—

(i) a product licence(6),

(ii) a marketing authorization within the meaning given in regulation 1(4)(a) of the Medicines for Human Use (Marketing Authorisation Etc.) Regulations 1994(7), or

(iii) a certificate of registration within the meaning given in regulation 1(2) of the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994(8).

(1)

1990 c. 16; section 5(6) was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999 (c. 28).

(2)

S.I. 1991/672 (N.I. 7); article 2(2) was amended by articles 3(1) and 7(1) of the Food Safety (Amendment) (Northern Ireland) Order 1996 (S.I. 1996/1633 (N.I. 12)) and paragraphs 26 and 29 of Schedule 5 to, and Schedule 6 to, the Food Standards Act 1999.

(3)

Section 30 was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999.

(4)

Article 31 was amended by paragraphs 26 and 35 of Schedule 5 to the Food Standards Act 1999.

(5)

Schedule 3 was amended by paragraph 12 of Schedule 3 to the Food Safety Act 1990.

(6)

“Product licence” has the meaning assigned to it by section 7 of the Act.

(7)

S.I. 1994/3144; as amended by S.I. 1998/3105, 2000/292, 2001/795 and 2002/236 and 542.

(8)

S.I. 1994/105; as amended by S.I. 1995/541, 1996/482, 1998/574, 1999/566, 2000/592, 2001/795 and 2002/236 and 542.