Department for the Environment, Food and Rural Affairs v Atkinson, Hughes: QBD 9 Oct 2002

The defendants were prosecuted for various offences relating to the selling and marketing of veterinary products without being licensed. Their cases were dismissed, when the prosecution put forward evidence as to the nature of what was being sold, but only in the form of the labels on the packages. The defence successfully argued that chemical analysis should have been provided.
Held: Under the 1988 Act, the labels were statements and admissible as evidence. Under the 1994 Regulations, the ingredients did not need to be proved. Cases remitted.

Judges:

Lord Justice Brooke and Mr Justice Bell

Citations:

Gazette 07-Nov-2002, [2002] EWHC 2028 (Admin)

Links:

Bailii

Statutes:

Medicines Act 1968 58(2)(a) 67, Medicines (Veterinary Drugs)(Prescription Only) Order 1991, Marketing Authorisations for Veterinary Medical Products Regulations 1994, Criminal Justice Act 1988 24(1)

Crime, Health, Evidence

Updated: 06 June 2022; Ref: scu.177380