The Medicines (Aristolochia and Mu Tong etc.) (Prohibition) Order 2001

• Citation: S.I. 2001/1841
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Medicines (Aristolochia and Mu Tong etc.) (Prohibition) Order 2001, and shall come into force on 1st July 2001.

(2) In this Order—

“ the Act ” means the Medicines Act 1968;

“ approved country for import ” has the meaning given in regulation 8(1) of the Human Medicines Regulations 2012;

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“medicinal product” does not include a medicinal product which is a veterinary drug.

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Section 2 Prohibition of sale, supply and importation of any medicinal product consisting of or containing certain plants

Subject to article 4 below, the sale, supply and importation of any medicinal product consisting of or containing 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,

Stephania tetrandra,

or consisting of or containing an extract from such a plant, is prohibited.

Section 3 Prohibition of sale, supply and importation of medicinal products presented as consisting of or containing Mu Tong etc.

Subject to article 4 below, the sale, supply and importation of any medicinal product is prohibited where, at the time of the sale, supply or importation—

(a) the label on the product’s container or package; or

(b) any document accompanying the product,

indicates in any language—

(i) that the product consists of or contains Mu Tong or Fangji, or any term derived from either of those terms; or

(ii) that the product consists of or contains a plant specified in article 2(b) above or an extract from such a plant.

Section 4 Exceptions to the prohibitions imposed by articles 2 and 3 above

(1) The prohibitions imposed by articles 2 and 3 above are subject to the exceptions specified in the following paragraphs of this article.

(2) The prohibitions imposed by articles 2 and 3 above shall not apply where a medicinal product as referred to in those articles is sold or supplied to, or, in the case of importation, is imported by or on behalf of, any of the following persons—

(a) a food analyst or food examiner within the meaning of section 30 of the Food Safety Act 1990 ;

(b) a food analyst or food examiner within the meaning of Article 30 or 31 of the Food Safety (Northern Ireland) Order 1991 ;

(c) 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 ;

(d) a person duly authorised by an enforcement authority under sections 111 and 112 of the Act;

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

(3) The prohibition imposed by articles 2 and 3 does not apply where the medicinal product—

(a) is imported from an approved country for import; and

(b) is being, or is to be, exported to a country other than the United Kingdom.

(4) The prohibitions imposed by articles 2 and 3 above shall not apply where a medicinal product as referred to in those articles is the subject of a product licence , a UK marketing authorisation, certificate of registration or traditional herbal registration within the meaning of the Human Medicines Regulations 2012.

Section 5 Revocation

The Medicines (Aristolochia and Mu Tong etc.) (Temporary Prohibition) Order 2000 is revoked.