helvella - Personal Importation of Prescription-only Medicines

 

 

The legal situation (in the UK) appears to be that we are only allowed to import prescription-only medicines for ourselves and members of our household. I have copied and pasted the part of The Human Medicines Regulations 2012 (relevant extract included below) which I think applies.

I'd assume that "household" (which is not defined with in the Act), would be strictly those who live in the same dwelling. But issues like children living away at college/university are potential complication factors. 

Note: I am very far from being a lawyer and all such things are complex.

That is, you could go any country which allows you to buy T3 and bring it back for yourself. Or those who live with you. But not for anyone else.

If you search around the internet, you will probably find that there are supposedly restrictions on quantities allowed. Often you will see that you can only bring in sufficient for three months. I have never found any basis in law for this. However, if you are standing at a customs desk at an airport with a vast quantity, you might find it somewhat awkward, to say the least. I doubt many who are involved with assessing what is being carried will know anything about T3 dosing – after all, most endocrinologists seem to have little idea. It might be treated as “one tablet a day”, “three a day” or any other arbitrary quantity.

The legal issue seems entirely a matter of whether the person is thought to be supplying others, most especially if someone is doing so for profit.

I suspect that one of the worst things someone coming back with T3 for someone else, not a member of their household, could do is to lie. This could well happen if a friend is asked to bring some back after a holiday but does not appreciate the legal status. If they do not understand, they might be tempted to bluster and defend themselves in ways that are very unhelpful. Admitting to having made a mistake and co-operating with confiscation might be a better course of action.

Note that this will not allow importation of Controlled Drugs. A list of which is available here:  https://www.gov.uk/government/publications/controlled-drugs-list--2

And substances not available at all within the UK are likely to be considered Prescription-only - for example, desiccated thyroid like Armour Thyroid.
 
The Human Medicines Regulations 2012

Manufacturing of medicinal products
 
17.—(1) A person may not except in accordance with a licence (a “manufacturer’s licence”)—
 
(a)manufacture, assemble or import from a state other than an EEA State any medicinal product; or
 
(b)possess a medicinal product for the purpose of any activity in sub-paragraph (a).
 
(2) Paragraph (1) is subject to paragraphs (3) to (5).
 
(3) Paragraph (1) applies in relation to an investigational medicinal product only—
 
(a)if the product has a marketing authorisation, Article 126a authorisation, certificate of registration or traditional herbal registration; and
 
(b)to the extent that the manufacture or assembly of the product is in accordance with the terms and conditions of that authorisation, certificate or registration.
 
(4) In paragraph (3), “marketing authorisation” means—
 
(a)a marketing authorisation issued by a competent authority in accordance with the 2001 Directive; or
 
(b)an EU marketing authorisation.
 
(5) Paragraph (1) does not apply to a person who, in connection with the importation of a medicinal product from a state other than an EEA State—
 
(a)provides facilities solely for transporting the product; or
 
(b)acting as an import agent, imports the medicinal product solely to the order of another person who holds a manufacturer’s licence authorising the importation of the product.
 
(6) Paragraph (1) does not apply to a person who imports a medicinal product for administration to himself or herself or to any other person who is a member of that person’s household.
 
http://www.legislation.gov.uk/uksi/2012/1916/regulation/17/made

VAT and Duty

Orders below the value of £135 and supplied via an online portal (obvious examples being Amazon and eBay), should charge VAT at time of order. If this is done, no further duties/taxes should be required.

Orders below £135 which do not have VAT charged at time of order, and all orders over £135, will have VAT charged by HMRC when they enter the UK.

Duty will also be applicable to orders over £135 but a lot of goods are actually not liable to duty - which depends on the exact item supplied. 

There is much confusion about whether postage charges are included in the valuation.

Customs Clearance Charges

The company which handles customs clearance will make a charge except on orders below £135 on which VAT has already been paid. Royal Mail charge £8 but other companies might charge considerably more. The charge might be based on the declared value of the goods such as a percentage.

Other Issues

There is a separate limit of £59 for gifts. However, it could be an offence to request something be sent as a gift in order to avoid VAT, etc. Also, some information sources suggest that anything sent by a company cannot be a gift.

It could be an offence to arrange something to be sent with an artificially low value.

Although many goods arrive quickly, there can be delays in handling (often within UK Customs) of at least a few weeks.

As with all international ordering and distribution, there is the possibility of something going wrong. The vendor not sending. The package disappearing. UK Customs wrongly seizing the package. The package getting delivered to the wrong address. Always make sure you have left enough time to permit a re-order, if needed.

If making larger orders, consider splitting the order. However, doing so is likely to raise the cost. But if splitting an order drops the goods in each order below £135, it can sometimes work out less expensive.

Some addresses such as diplomatic addresses or American Forces Post Office (APO) might be treated differently. APO is technically regarded as domestic mail by the USA.

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