MEDICINES Citation, commencement and interpretation 1 1 This Order may be cited as the Medicines for Human Use (Prohibition) (Senecio and Miscellaneous Amendments) Order 2008 and shall come into force on 1st April 2008. 2 In article 3 — “ approved country for import ” has the meaning given in regulation 8(1) of the Human Medicines Regulations 2012; “ the Act ” means the Medicines Act 1968; “ external use ” means application to the skin, hair, teeth, mucosa of the mouth, throat, nose, ear, eye, vagina or anal canal when a local action only is intended and extensive systemic absorption is unlikely to occur; ... ... Prohibition of sale, supply and importation of any medicinal product consisting of or containing Senecio 2 Except as provided for in article 3, the sale, supply or importation of any medicinal product consisting of or containing— a a plant belonging to the species Senecio ; or b an extract from such a plant, is prohibited. Exceptions to the prohibition imposed by article 2 3 The prohibition imposed by article 2 shall not apply where the medicinal product is— a i for external use only; and ii not a teething preparation, throat spray, throat pastille, throat lozenge, throat tablet, nasal spray or nasal inhalation or nasal drops; b sold or supplied to, or 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 or Article 2(2) of the Food Safety (Northern Ireland) Order 1991 , ii a food analyst or food examiner within the meaning of section 30 of the Food Safety Act 1990 or Article 30 or 31 of the Food Safety (Northern Ireland) Order 1991 , 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 paragraph 1(1) of Schedule 3 to the Act ; c is imported from an approved country for import, and is being, or is to be, exported to a country other than the United Kingdom; or d the subject of a UK marketing authorisation, certificate of registration or traditional herbal registration within the meaning of the Human Medicines Regulations 2012. Amendment of the Medicines (Bal Jivan Chamcho Prohibition) (No.2) Order 1977 4 1 The Medicines (Bal Jivan Chamcho Prohibition) (No.2) Order 1977 is amended as follows. 2 In article 2— a for paragraph (4) substitute — 4 The prohibition imposed by paragraph (1) above shall not apply where the medicinal product is imported from an EEA State, if the product— a originates in an EEA State, or b originates outside the European Economic Area, but is in free circulation in member States, and is being, or is to be, exported to a third country or an EEA State other than the United Kingdom. ; and b after paragraph (4), insert — 5 For the purposes of paragraph (4)— “ free circulation in member States ” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community; “ third country ” means any country other than an EEA State. . Amendment of the Medicines (Aristolochia and Mu Tong etc) (Prohibition) Order 2001 5 1 The Medicines (Aristolochia and Mu Tong etc) (Prohibition) Order 2001 is amended as follows. 2 In article 1 (citation, commencement and interpretation), in paragraph (2)— a after the definition of “the Act”, insert — “ free circulation in member States ” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community; ; b omit the definitions of “EEA Agreement” and “EEA State”; c after the definition of “medicinal product”, insert — third country” means any country other than an EEA State. . 3 In article 4, for paragraph (3), substitute — 3 The prohibition imposed by articles 2 and 3 above shall not apply where the medicinal product is imported from an EEA State, if the product— a originates in an EEA State, or b originates outside the European Economic Area, but is in free circulation in member States, and is being, or is to be, exported to a third country or an EEA State other than the United Kingdom. . Amendment of the Medicines for Human Use (Kava-kava) (Prohibition) Order 2002 6 1 The Medicines for Human Use (Kava-kava) (Prohibition) Order 2002 is amended as follows. 2 In article 1(2)— a omit the definitions of “EEA Agreement” and “EEA State”; b after the definition of “medicinal product”, insert — third country” means any country other than an EEA State. . 3 In article 3, for paragraph (c), substitute the following— 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 a third country or an EEA State other than the United Kingdom. . Signed by authority of the Secretary of State for Health. Dawn Primarolo Minister of State, Department of Health Michael McGimpsey Minister for Health, Social Services and Public Safety