The Medicines (Veterinary Drugs) (Prescription Only) Order 1989

• (2) a sampling officer within the meaning of the Food Act 1984, the Food and Drugs (Scotland) Act 1956 or the Food and Drugs Act (Northern Ireland) 1958,

• (3) an agricultural analyst appointed under section 67 of the Agriculture Act 1970[^f00014],

• (4) a person duly authorised by an enforcement authority under sections 111 and 112, or

• (5) a sampling officer within the meaning of Schedule 3 to the Act.

2

All prescription only medicines.

2

The sale or supply shall be subject to the presentation of an order signed by or on behalf of any person listed in sub-paragraphs (1), (2), (3), (4) or (5) of column 1 of this paragraph stating the status of the person signing it and the amount of the prescription only medicine required, and shall be only in connection with the exercise by those persons of their statutory functions.

3

Persons lawfully conducting a retail pharmacy business within the meaning of section 69.

3

—

• (1) Any veterinary drug such as is described in Article 3(1) of the Veterinary Drug Exemption Order, which, if or when for parenteral administration is a prescription only medicine.

• (2) Prescription only medicines which are not for parenteral administration and which

• (a) are eye drops or eye ointments and are prescription only medicines by reason only that they contain:

• (i) Mafenide propionate

• (ii) not more than 30.0 per cent Sulphacetamide Sodium, or

• (iii) Sulphafurazole diethanolamine equivalent to not more than 4.0 per cent Sulphafurazole, or

• (b) are prescription only medicines by reason only that they contain any of the following substances:

• Atropine sulphate

• Bethanecol chloride

• Carbachol

• Cyclopentolate hydrochloride

• Homatropine hydrobromide

• Hyoscine hydrobromide

• Naphazoline hydrochloride

• Naphazoline nitrate

• Neostigmine methylsulphate

• Physostigmine salicylate

• Physostigmine sulphate

• Pilocarpine hydrochloride

• Pilocarpine nitrate

• Tropicamide

3

—

• (1) In the case of the veterinary drugs, the sale or supply shall be subject to the conditions specified in Article 3(2) and 4(3) of the Veterinary Drugs Exemption Order.

4

Persons the sale or supply by whom is exempted by Article 3 of the Veterinary Drugs Exemption Order from the restriction imposed by section 52.

4

Any veterinary drug such as is described in Article 3(1) of the Veterinary Drugs Exemption Order which, if or when for parenteral administration, is a prescription only medicine.

4

The sale or supply shall be subject to the conditions specified in Article 3 of the Veterinary Drugs Exemption Order.

5

Persons the sale or supply by whom is exempted by Article 6 or 9 of the Veterinary Drugs Exemption Order from the restrictions imposed by section 52.

5

Any veterinary drug such as is described in Article 6 or 9 of the Veterinary Drugs Exemption Order which is a prescription only medicine.

5

The sale or supply shall be subject to–

• (a) the presentation of an order signed by or on behalf of the purchaser stating–

• (i) the name and address of the purchaser,

• (ii) the name and address of the purchaser’s business and

• (iii) the amount of the veterinary drug required, and

• (b) the conditions specified in Article 6 or 9 of the Veterinary Drugs Exemption Order.

6

Persons providing a poultry vaccination service.

6

Any veterinary drug such as is described in Article 3(1) of the Veterinary Drugs Exemption Order which is a poultry vaccine and which, if or when for parenteral administration, is a prescription only medicine.

6

The sale or supply shall be only to a person who has charge of animals for the purpose of and in the course of carrying on a business, either as his sole business activity or as a substantial part of his business activities.

7

Persons selling or supplying prescription only medicines to the persons referred to in paragraph 6.

7

The veterinary drugs referred to in paragraph 6.

7

The sale or supply shall be subject to the presentation of an order signed by the purchaser stating the amount of the prescription only medicine required.

8

Persons selling or supplying prescription only medicines to veterinary surgeons and veterinary practitioners.

8

All prescription only medicines.

8

No conditions.

9

Persons selling or supplying prescriptions only medicines to the British Standards Institution.

9

All prescription only medicines.

9

The sale or supply shall be–

• (a) subject to the presentation of an order signed on behalf of the British Standards Institution stating the status of the person signing it and the amount of the prescription only medicine required, and

• (b) only for the purposes of testing containers of medicinal products or determining the standards for such containers.

10

Holders of product licences and holders of manufacturers' licences.

10

Prescription only medicines referred to in the licences.

10

The sale or supply shall be only–

• (a) to a pharmacist,

• (b) so as to enable that pharmacist to prepare an entry relating to the prescription only medicine in question in a tablet or capsule identification guide or similar publication, and

• (c) of no greater quantity than is reasonably necessary for that purpose.

PART II

1

Persons authorised by licence granted under regulation 5 of the Misuse of Drugs Regulations to supply a controlled drug.

1

Such prescription only medicines, being controlled drugs, as are specified in the licence.

1

The supply shall be subject to such conditions and in such circumstances and to such an extent as may be specified in the licence.

PART III

1

Persons providing a poultry vaccination service.

1

Any veterinary drug such as is described in Article 3(1) of the Veterinary Drugs Exemption Order which is a poultry vaccine and which, if or when for parenteral administration, is a prescription only medicine.

1

The administration shall be only in the course of providing a poultry vaccination service.

2

Persons who are authorised as members of a group by a group authority granted under regulations 8(3) or 9(3) of the Misuse of Drugs Regulations to supply a controlled drug by way of administration only.

2

Prescription only medicines that are specified in the group authority.

2

The administration shall be subject to such conditions and in such circumstances and to such extent as may be specified in the group authority.

3

Persons who have in their charge or who maintain animals for the purposes of and in the course of carrying on a business either as their sole business activity or as a part of their business activities.

3

Any veterinary drug such as is described in Article 3(1) of the Veterinary Drugs Exemption Order which, if or when for parenteral administration, is a prescription only medicine.

3

The administration shall be only to animals in their charge or under their maintenance for the purposes of and in the course of carrying on a business.

Signed

Kenneth Clarke — Secretary of State for Health — 8th December 1989

Sanderson of Bowden — Secretary of State for Scotland — 7th December 1989

Peter Walker — Secretary of State for Wales — 8th December 1989

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th December 1989.

John Gummer — Minister of Agriculture, Fisheries and Food

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 8th December 1989.

J. J. M. Harbison — Under Secretary, on behalf of the Permanent Secretary

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 8th December 1989.

W. J. Hodges — Permanent Secretary

Explanatory note

(This note is not part of the Order)

This Order replaces the Medicines (Veterinary Drugs) (Prescription Only) Order 1985.

The Order specifies descriptions and classes of medicinal products (being veterinary drugs) for the purposes of section 58 of the Medicines Act 1968. Intermediate feed is now specifically excluded from the definition of “prescription only medicine”. The Order states that veterinary surgeons and veterinary practitioners are to be appropriate practitioners for the purpose of that section in relation to such products (articles 2 and 3). Certain medicinal products are not prescription only products (article 4). By virtue of section 58 such products may be sold or supplied by retail only in accordance with a prescription given by a veterinary surgeon or veterinary practitioner and may be administered only by or in accordance with the directions of such a person. The Order also confers exemptions from those restrictions (articles 5, 6 and 7) and prescribes conditions which must be fulfilled if a sale or supply is to be taken as being in accordance with a prescription (article 8). A defence is now available to an appropriate practitioner who, having exercised all due diligence, sells or supplies a prescription only medicine against a forged prescription (article 9).

Footnotes

[^f00001]: 1968 c. 67; “the appropriate Ministers” referred to in sections 58 and 59 is defined in section 1 (see also the following footnote).

[^f00002]: In the case of the Secretaries of State concerned with health in England and in Wales by virtue of S.I. 1969/388, in the case of the Secretary of State concerned with agriculture in Wales by virtue of S.I. 1978/272 and in the case of the Northern Ireland Departments by virtue of the Northern Ireland Constitution Act 1973 (c. 36), section 40 and Schedule 5, and the Northern Ireland Act 1974 (c. 28), section 1(3) and Schedule 1, paragraph 2(1)(b).

[^f00003]: 1971 c. 38.

[^f00004]: S.I. 1985/2066 amended by S.I. 1986/2330.

[^f00005]: S.I. (N.I.) 1986/52.

[^f00006]: S.I. 1989/2318.

[^f00007]: S.I. 1985/1288.

[^f00008]: S.I. 1983/1212, amended by S.I. 1984/756 and 1988/2017.

[^f00009]: Additional restrictions on the retail sale or supply of products containing chloroform are imposed by the Medicines (Chloroform Prohibition) Order 1979 (S.I. 1979/382 amended by S.I. 1980/263).

[^f00010]: See also the Medicines (Phenacetin Prohibition) Order 1979 (S.I. 1979/1181).

[^f00011]: 1984 c. 30.

[^f00012]: 1956 c. 30.

[^f00013]: 1958 c. 27 (N.I.).

[^f00014]: 1970 c. 40.