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

MEDICINES (KAVA-KAVA) (PROHIBITION) (JERSEY) ORDER 2003 Revised Edition 20.625.65 Showing the law as at 1 January 2006 This is a revised edition of the law Medicines (Kava-kava) (Prohibition) (Jersey) Order 2003 Arrangement Revised Edition – 1 January 2006 Page - 3 20.625.65 MEDICINES (KAVA-KAVA) (PROHIBITION) (JERSEY) ORDER 2003 Arrangement Article 1 Interpretation ................................................................................................. 5 2 Prohibition of sale, supply and importation of any medicinal product consisting of or containing piper methysticum (known as Kava-kava) .......... 6 3 Exceptions to the prohibition imposed by Article 2 ....................................... 6 4 Citation .......................................................................................................... 6 Supporting Documents ENDNOTES 7 Table of Legislation History ......................................................................................... 7 Table of Renumbered Provisions .................................................................................. 7 Table of Endnote References ........................................................................................ 7 Medicines (Kava-kava) (Prohibition) (Jersey) Order 2003 Article 1 Revised Edition – 1 January 2006 Page - 5 20.625.65 MEDICINES (KAVA-KAVA) (PROHIBITION) (JERSEY) ORDER 2003 THE HEALTH AND SOCIAL SERVICES COMMITTEE, in pursuance of Articles 61 and 110 of the Medicines (Jersey) Law 1995,1 and 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 – “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;2 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. Article 2 Medicines (Kava-kava) (Prohibition) (Jersey) Order 2003 Page - 6 Revised Edition – 1 January 2006 20.625.65 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 1966,3 or (iii) a person duly authorized by the Minister for Health and Social Services4 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. Medicines (Kava-kava) (Prohibition) (Jersey) Order 2003 Endnotes Revised Edition – 1 January 2006 Page - 7 20.625.65 ENDNOTES Table of Legislation History Legislation Year and No Commencement Medicines (Kava-kava) (Prohibition) (Jersey) Order 2003 R&O.39/2003 14 May 2003 Table of Renumbered Provisions Original Current 1(2) spent, omitted from this revised edition 1(3) 1(2) 2(1) 2 3 3(1) Table of Endnote References 1 chapter 20.625 2 chapter 20.625 3 chapter 20.225 4 The functions of the Health and Social Services Committee were transferred to the Minister for Health and Social Services by the States of Jersey (Transfer of Functions from Committees to Ministers) (Jersey) Regulations 2005 chapter 16.800.30