Medicines
(Aristolochia, Mu Tong and Fangji) (Prohibition) (Jersey) Order 2002[1]
THE HEALTH AND
SOCIAL SERVICES COMMITTEE, in pursuance of Articles 61
and 110 of the Medicines
(Jersey) Law 1995, after consultation with the Medicines Advisory
Council and having otherwise complied with Article 110 of that Law, orders
as follows –
Commencement [see endnotes]
1 Interpretation
(1) In this Order –
“Law” means the Medicines (Jersey) Law 1995;
“medicinal product” does not include a medicinal product
that is a veterinary drug.
(2) Unless the context
otherwise requires, a reference in this Order to an enactment, or to an Act or
subordinate legislation of the United Kingdom, is a reference to that
enactment, Act or subordinate legislation as amended from time to time, and
includes a reference to that enactment, Act or subordinate legislation as
extended or applied under another enactment, including another provision of
this Order.
2 Prohibition
of sale, supply and importation of medicinal products consisting of or
containing certain plants
(1) The sale, supply or
importation of a medicinal product is prohibited where the product consists of
or contains a plant –
(a) belonging
to a species of the genus Aristolochia; or
(b) belonging
to any of the species –
Akebia quinata,
Akebia trifoliata,
Clematis armandii,
Clematis montana,
Cocculus laurifolius,
Cocculus orbiculatus,
Cocculus trilobus, and
Stephania tetrandra,
or it consists of or contains an extract from such a plant.
(2) This Article is subject
to Article 4.
3 Prohibition
of sale, supply and importation of medicinal products presented as consisting
of or containing Mu Tong or Fangji
The sale, supply or importation of a medicinal product is prohibited
where the label on the product’s container or package, or any document
accompanying the product, indicates in any language –
(a) that the product
consists of or contains Mu Tong or Fangji, or any term derived from either of those
terms; or
(b) that the product
consists of or contains a plant specified in Article 2(1)(b) or an extract
from such a plant.
4 Exceptions
to the prohibitions imposed by Articles 2 and 3
(1) A prohibition imposed
by Article 2 or 3 does not apply to the sale or supply of a medicinal
product to –
(a) the
Official Analyst;
(b) an
authorized officer as defined in Article 1(1) of the Food Safety (Jersey) Law 1966; or
(c) a person
duly authorized by the Minister for Health and Social Services under Articles 96
and 97 of the Law,
or to its importation by or on behalf of any such person.[2]
(2) A prohibition imposed
by Article 2 or 3 does not apply to the sale, supply or importation
of a medicinal product that is the subject of –
(a) a
product licence issued for the purposes of Article 8 of the Law;
(b) a
product licence issued for the purposes of section 7 of the Medicines
Act 1968 of the United Kingdom;
(c) a
marketing authorization within the meaning of Regulation 1(4)(a) of the Medicines
for Human Use (Marketing Authorisations Etc.) Regulations 1994 of the
United Kingdom; or
(d) a
certificate of registration within the meaning of Regulation 1(2) of the Medicines
(Homeopathic Medicinal Products for Human Use) Regulations 1994 of the
United Kingdom.
5 Citation
This Order may be cited as the Medicines (Aristolochia, Mu Tong and
Fangji) (Prohibition) (Jersey) Order 2002.