Medicines Act · 2024 Revised Edition · Part · Sales and Other Dealings of Medicinal Products
34. Protection of purchasers of medicinal products
Official textFrom Attorney General's Chambers, unchanged
No person shall, to the prejudice of the purchaser, sell any medicinal product which is not of the nature or quality requested by the purchaser.
sell
“sell” includes barter, and also includes offering or attempting to sell, or receiving for sale, or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered or exposed for sale;
For the purposes of this section, the sale of a medicinal product shall not be taken to be otherwise than to the prejudice of the purchaser by reason only that the purchaser buys the product for the purpose of analysis or examination.
medicinal product
“medicinal product” has the meaning ascribed to it by section 4;
Subsection (1) shall not be taken to be contravened by reason only that a medicinal product contains some extraneous matter, if it is proved that the presence of that matter was an inevitable consequence of the process of manufacture of that product.
Subsection (1) shall not be taken to be contravened by reason only that a substance has been added to, or abstracted from, the medicinal product, if it is proved that —
substance
“substance” means any natural or artificial substance whether in solid or liquid form or in the form of gas or vapour;
the addition or abstraction was not carried out fraudulently and did not injuriously affect the composition of the product; and
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the product was sold having attached to it, or to a container or package in which it was sold, a conspicuous notice of adequate size and legibly printed, specifying the substance added or abstracted.
Where a medicinal product sold or supplied in pursuance of a prescription given by a practitioner, subsections (1) to (4) shall have effect as if —
practitioner
“practitioner” means a medical practitioner, dentist or veterinary surgeon;
in those provisions, any reference to sale included a reference to supply and (except as provided in paragraph (b)) any reference to the purchaser included a reference to the person for whom the product was prescribed by the practitioner; and
in subsection (1), for the words “requested by the purchaser”, there were substituted the words “specified in the prescription”.
Terms defined in s 2
composition
Defined · s 2“composition”, in relation to a medicinal product, means the ingredients of which it consists and the proportions, and the degrees of strength, quality and purity, in which those ingredients are respectively contained in it;
container
Defined · s 2“container”, in relation to a medicinal product, means the bottle, jar, box, packet or other receptacle which contains or is to contain it, not being a capsule, cachet or other article in which the product is or is to be administered, and where any such receptacle is or is to be contained in another such receptacle, includes the former but does not include the latter receptacle;
medicinal product
Defined · s 2“medicinal product” has the meaning ascribed to it by section 4;
practitioner
Defined · s 2“practitioner” means a medical practitioner, dentist or veterinary surgeon;
sell
Defined · s 2“sell” includes barter, and also includes offering or attempting to sell, or receiving for sale, or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered or exposed for sale;
substance
Defined · s 2“substance” means any natural or artificial substance whether in solid or liquid form or in the form of gas or vapour;
Part
Pharmacies
Part
Containers, Packages and Identification of Medicinal Products
Part
Promotion of Sales of Medicinal Products and Medical Advertisements
Part