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Due diligence exemptions

7.  The prohibition imposed by section 58(2)(a) of the Act (sale and supply) shall not apply to a sale or supply of a prescription only medicine where the person selling or supplying the prescription only medicine—

(a)in a way which is not in accordance with a prescription given by an appropriate practitioner by reason only that a condition specified in article 6(2) to (5) is not fulfilled, believes on reasonable grounds, having exercised all due diligence, that the condition is fulfilled in relation to that sale or supply;

(b)believes on reasonable grounds, having exercised all due diligence, that the product sold or supplied is not a prescription only medicine; or

(c)in accordance with a forged prescription, believes on reasonable grounds, having exercised all due diligence, that the prescription is genuine.