Medicines (Kava-kava) (Prohibition) (Jersey) Order 2003

Official Consolidated Version

This is an official version of consolidated legislation compiled and issued under the authority of the Legislation (Jersey) Law 2021.

Showing the law from 1 January 2019 to Current

Medicines (Kava-kava) (Prohibition) (Jersey) Order 2003

Article

1             Interpretation. 3

2             Prohibition of sale, supply and importation of any medicinal product consisting of or containing piper methysticum (known as Kava-kava). 3

3             Exceptions to the prohibition imposed by Article 2. 4

4             Citation. 4

Table of Legislation History. 5

Table of Renumbered Provisions. 5

Table of Endnote References. 5

Medicines (Kava-kava) (Prohibition) (Jersey) Order 2003

1        Interpretation

(1)     In this Order –

“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, and references to medicinal products being “for external use” shall be read accordingly - except that such references shall not include throat sprays, throat pastilles, throat lozenges, throat tablets, nasal drops, nasal sprays, nasal inhalations or teething preparations;

“Law” means the Medicines (Jersey) Law 1995; and

“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 any medicinal product consisting of or containing piper methysticum (known as Kava-kava)

Subject to Article 3, the sale, supply or importation of any medicinal product consisting of or containing –

(a)     a plant belonging to the species piper methysticum (known as Kava-kava); or

(b)     an extract from such a plant,

is prohibited.

3        Exceptions to the prohibition imposed by Article 2

(1)     The prohibition imposed by Article 2 shall not apply where the medicinal product is –

(a)     for external use only; or

(b)     sold or supplied to, or is imported by or on behalf of –

(i)      the Official Analyst,

(ii)      an authorized officer as defined in Article 1(1) of the Food Safety (Jersey) Law 1966, or

(iii)     a person duly authorized by the Minister for Health and Social Services[1] under Articles 96 and 97 of the Law,

or to its importation by or on behalf of any such person.

(2)     A prohibition imposed by Article 2 shall 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.

4        Citation

This Order may be cited as the Medicines (Kava-kava) (Prohibition) (Jersey) Order 2003.

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References