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Section 3
1Controlled drugs (within the meaning of the Misuse of Drugs Act 1971).
2Medicinal products.
In this paragraph “medicinal product” has the same meaning as in the Human Medicines Regulations 2012 (S.I. 2012/1916) (see regulation 2 of those Regulations).
3Alcohol or alcoholic products.
In this paragraph—
“alcohol” means ethyl alcohol, and
“alcoholic product” means any product which—
contains alcohol, and
does not contain any psychoactive substance.
4Nicotine.
5Tobacco products.
In this paragraph “tobacco product” means—
(a)anything which is a tobacco product within the meaning of the Tobacco Products Duty Act 1979 (see section 1 of that Act), and
(b)any other product which—
(i)contains nicotine, and
(ii)does not contain any psychoactive substance.
6Caffeine or caffeine products.
In this paragraph “caffeine product” means any product which—
(a)contains caffeine, and
(b)does not contain any psychoactive substance.
7Any substance which—
(a)is ordinarily consumed as food, and
(b)does not contain a prohibited ingredient.
In this paragraph—
“food” includes drink;
“prohibited ingredient”, in relation to a substance, means any psychoactive substance—
which is not naturally occurring in the substance, and
the use of which in or on food is not authorised by an EU instrument.