Offence relating to the sale and supply of starting materials for use in the manufacture of relevant medicinal products U.K.

5.—(1) Any person who, in the course of a business carried on by him, sells or supplies any active substance in circumstances where the active substance —

(a) has not been manufactured in accordance with the principles of good manufacturing practice applicable to starting materials; and

(b) is intended to be used by the person to whom it is sold or supplied in the manufacture of a relevant medicinal product other than an exempt relevant medicinal product,

shall be guilty of an offence.

(2) It shall be a defence to an offence under paragraph (1) for the person who sells or supplies the relevant medicinal product in question to show that he could not, by reasonable diligence have discovered that it was not manufactured in accordance with the principles of good manufacturing practice applicable to starting materials.

(3) A person guilty of an offence under paragraph (1) shall be liable—

(a) on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both; or

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both.