Medicines Act 1981

5: Meaning of selling by wholesale, selling by retail, and selling in circumstances corresponding to retail sale

You could also call this:

"What it means to sell medicines wholesale or retail"

Illustration for Medicines Act 1981

When you sell something by wholesale, it means you are selling it to someone who is buying it to use in their business. You think they are buying it to sell or supply it to others, or to give it to people. You also think they might be buying it to use in a laboratory or to make something else. When you sell something by retail, it means you are selling it to someone who is buying it for their own use. You do not think they are buying it to sell or supply it to others, or to use it in their business. When you supply something in circumstances corresponding to retail sale, it means you are giving it to someone who is not buying it, but you think they will use it for their own purposes.

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5Meaning of selling by wholesale, selling by retail, and selling in circumstances corresponding to retail sale

  1. In this Act, unless the context otherwise requires, every reference to selling anything by wholesale is a reference to selling it to a person whom the vendor believes to be buying it—

  2. for the purpose of—in the course of a business carried on by that person; or
    1. selling or supplying it; or
      1. administering it or causing it to be administered to 1 or more human beings—
      2. for the purpose of—
        1. using it in any scientific, educational, or commercial laboratory; or
          1. using it in any process of manufacture or trade not involving the resale of that thing.
          2. In this Act every reference to selling anything by retail is a reference to selling it to a person whom the vendor believes to be buying it for a purpose other than one specified in subsection (1).

          3. In this Act every reference to supplying anything in circumstances corresponding to retail sale is a reference to supplying it, otherwise than by way of sale, to a person whom the supplier believes to be receiving it for a purpose other than one specified in subsection (1).

          Compare
          • Medicines Act 1968 s 131 (UK)