On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 01/09/2008.
PART VII
MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
54.
—(1) The Minister may by order specify any description or class of articles or substances appearing to him to be articles or substances which are not medicinal products but are manufactured, sold, supplied, imported or exported for use wholly or partly for a medicinal purpose or for a cosmetic, and may by the order direct that, subject to such exceptions and modifications as may be specified in the order, such provisions of this Act as may be so specified (including provisions so specified which relate to offences or penalties) shall have effect in relation to articles or substances of that description or class as those provisions have effect in relation to medicinal products.
(1A) An order under subsection (1) may —
(a)
apply to any class or description of chewing gum that is intended for use in promoting dental health or oral hygiene; and
(b)
require the chewing gum to be sold or supplied by prescription or by or under the supervision of a pharmacist.
(2) In this section, “cosmetic” means any article intended to be rubbed, poured, sprinkled or sprayed on, or introduced into, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance, and includes a deodorant or any depilatory substance but does not include a soap.
55. The Minister may by order specify any substance appearing to the Minister to be a substance which is not itself a medicinal product but —
(a)
is used as an ingredient in the manufacture of medicinal products; or
(b)
if used without proper safeguards, is capable of causing danger to the health of the community, or of causing danger to the health of animals generally or of one or more species of animals,
and direct that, subject to such exceptions and modifications as may be specified in the order, such provisions of this Act as may be so specified (including any provisions so specified which relate to offences or penalties) shall have effect in relation to that substance as those provisions have effect in relation to medicinal products.
56.
—(1) Any person duly authorised in writing by the licensing authority may at any reasonable time —
(a)
enter any premises for the purpose of ascertaining whether there is or has been, on or in connection with those premises, any contravention of any provisions of this Act or of any regulations or orders made thereunder;
(b)
enter any premises generally for the purposes of the performance by the authority of his functions under this Act or under any regulations or orders made thereunder; or
(c)
enter any ship, aircraft, hovercraft or vehicle for the purpose of ascertaining whether there is in the ship, aircraft, hovercraft or vehicle any substance or article imported in contravention of any provisions of this Act or of any regulations or orders made thereunder.
(2) Without prejudice to subsection (1), any person duly authorised in writing by the licensing authority may at any reasonable time enter any premises occupied by an applicant for a licence or certificate or for renewal thereof under Part II for the purpose of verifying any statement contained in the application for the licence or certificate.
57.
—(1) For the purpose of ascertaining whether there is or has been a contravention of this Act or any regulations or orders made thereunder, any person duly authorised in writing by the licensing authority may inspect —
(a)
any substance or article appearing to him to be a medicinal product;
(b)
any article appearing to him to be a container or package used or intended to be used to contain any medicinal product or to be a label or leaflet used or intended to be used in connection with a medicinal product; or
(c)
any plant or equipment appearing to him to be used or intended to be used in connection with the manufacture or assembly of medicinal products, and any process of manufacture or assembly of any medicinal products and the means employed, at any stage in the processes of manufacture or assembly, for testing the materials after they have been subject to those processes.
(2) Where for the purpose specified in subsection (1) a person authorised as mentioned in that subsection requires a sample of any substance or article appearing to him to be —
(a)
a medicinal product sold or supplied or intended to be sold or supplied; or
(b)
a substance or article used or intended to be used in the manufacture of a medicinal product,
he may take a sample of that substance or article.
(3) For the purpose specified in subsection (1), any person authorised as mentioned in that subsection may —
(a)
require any person carrying on a business which consists of or includes the manufacture, assembly, sale or supply of medicinal products, and any person employed in connection with such a business, to produce any books or documents relating to the business which are in his possession or under his control; and
(b)
take copies of, or of any entry in, any book or document produced in pursuance of paragraph (a).
(4) Any person so authorised may seize and detain any substance or article which he has reasonable cause to believe to be a substance or article in relation to which, or by means of which, an offence under this Act is being or has been committed, and any document which he has reasonable cause to believe to be a document which may be required as evidence in proceedings under this Act.
(5) Any person so authorised may, so far as is reasonably necessary in order to secure that the provisions of this Act and any regulations or orders made thereunder are duly observed, require any person having authority to do so to break open any container or package or open any vending machine, or to permit him to do so.
(6) Where a person so authorised seizes any substance or article (including any document) under subsection (4), he shall inform the person from whom it is seized, and, in the case of anything seized from a vending machine, the person whose name and address are stated on the machine as being those of the owner of the machine, or, if no name and address are so stated, the occupier of the premises on which the machine stands or to which it is affixed.
(7) The Minister may by regulations prescribe the procedure for the sampling of articles and substances seized under this section.
58.
—(1) Any person entering any property (that is to say, any premises, ship, aircraft, vehicle, stall or place) by virtue of section 56 may take with him such other persons and such equipment as may appear to him to be necessary.
(2) Any person who —
(a)
wilfully obstructs a person acting in pursuance of this Act and duly authorised so to act by the licensing authority; or
(b)
wilfully fails to comply with any requirement properly made to him by a person so acting under section 57; or
(c)
without reasonable cause fails to give to a person so acting any other assistance or information which that person may reasonably require of him for the purpose of the performance of his functions under this Act,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
(3) If a person, in giving any such information as mentioned in subsection (2)(c), makes any statement which he knows to be false, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.
59.
—(1) Any imported goods shall be deemed to be imported contrary to a prohibition or restriction for the time being in force with respect to them if —
(a)
they are medicinal products or medicinal substances of any description or falling within a class specified in an order made by the Minister for the purposes of this section; and
(b)
they are imported in such circumstances as are specified in that order.
(2) Any exported goods shall be deemed to be exported contrary to a prohibition or restriction for the time being in force with respect to them if —
(a)
they are medicinal products or medicinal substances of any description or falling within a class specified in an order made by the Minister for the purposes of this section; and
(b)
they are exported in such circumstances as are specified in that order.
(3) An officer of customs or police officer may seize and detain any goods subject to a prohibition or restriction imposed by an order made under this section.
60.
—(1) Whenever any goods are seized under this Act, the seizing officer shall forthwith give notice in writing of the seizure to the owner of the goods, if known, either by delivering the notice to him personally or by post at his place of abode if known:
Provided that the notice shall not be required to be given where the seizure is made in the presence of the offender or the owner or his agent, or in the case of a ship or aircraft, in the presence of the master or captain thereof.
(2) An order for the forfeiture of any goods shall be made if it is proved to the satisfaction of a court that an offence under this Act has been committed and that the goods were the subject matter of or was used in the commission of the offence notwithstanding that no person may have been convicted of that offence.
(3) If there is no prosecution with regard to any goods seized under this Act the goods shall be deemed to be forfeited at the expiration of one month from the date of the seizure thereof unless a claim thereto has been made before that date in such manner as may be prescribed.
61.
—(1) All goods which are forfeited under this Act shall be disposed of in such manner as the licensing authority thinks fit.
(2) The licensing authority may, in his discretion and after any proceedings under this Act are concluded, entertain and give effect to any claim to or in respect of goods which have been forfeited under this Act.
62.
—(1) If any person discloses to any other person —
(a)
any information with respect to any manufacturing process or trade secret obtained by him in premises which he has entered by virtue of section 56; or
(b)
any information obtained by or furnished to him in pursuance of this Act,
he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.
(2) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.
63. No person shall be personally liable in respect of any act done by him in the execution or purported execution of this Act and within the scope of his employment if he did it in the honest belief that his duty under this Act required or entitled him to do it.
64.
—(1) Where a contravention by any person of any provision to which this section applies constitutes an offence under this Act, and is due to an act or default of another person, then whether proceedings are taken against the first-mentioned person or not, that other person may be charged with and convicted of that offence and shall be liable on conviction to the same punishment as might have been imposed on the first-mentioned person if he had been convicted of the offence.
(2) Where a person who is charged with an offence under this Act in respect of a contravention of a provision to which this section applies proves to the satisfaction of the court —
(a)
that he exercised all due diligence to secure that the provision in question would not be contravened; and
(b)
that the contravention was due to the act or default of another person,
the first-mentioned person shall be acquitted of the offence.
65.
—(1) Subject to the following provisions of this section, in any proceedings for an offence under this Act in respect of a contravention of a provision to which this section applies, it shall be a defence for the accused to prove —
(a)
that he purchased the substance or article to which the contravention relates in Singapore as being a substance or article which could be lawfully sold or supplied or could be lawfully sold or supplied under the name or description or for the purpose under or for which he sold or supplied and with a written warranty to that effect;
(b)
that at the time of the commission of the alleged offence he had no reason to believe that it was otherwise; and
(c)
that the substance or article was then in the same state as when he purchased it.
(2) This section shall apply to section 31(b), sections 32, 33 and 44 to 47 and the provisions of any regulations made under any of those sections.
(3) A warranty shall not be a defence by virtue of this section unless the defendant has, not later than 7 clear days before the date of the hearing, sent to the prosecution a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person from whom he received it, and has also sent a like notice to that person.
(4) Where the accused is a servant of the person who purchased the substance or article under the warranty, he shall be entitled to rely on this section in the same way as his employer would have been entitled to do if he had been charged with the offence.
(5) The person by whom the warranty is alleged to have been given shall be entitled to appear at the hearing and to give evidence, and the court may, if it thinks fit, adjourn the hearing to enable him to do so.
(6) For the purposes of this section a name or description entered in an invoice shall be deemed to be a written warranty that the article or substance to which the name or description applies can be sold or supplied under that name or description by any person without contravening any provision to which this section applies.
66.
—(1) If an accused in any such proceedings as are mentioned in section 65(1) wilfully applies to any substance or article a warranty given in relation to a different substance or article he shall be guilty of an offence.
(2) A person who, in respect of any substance or article sold by him in respect of which a warranty might be pleaded under section 65, gives to the purchaser a false warranty in writing shall be guilty of an offence, unless he proves that when he gave the warranty he had reason to believe that the statement or description contained in it was accurate.
(3) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.
67.
—(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent and connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) In relation to a body corporate carrying on a retail pharmacy business, subsection (1) shall have effect in relation to a person who (not being such an officer of the body corporate as is mentioned therein) —
(a)
is the superintendent; or
(b)
at any premises where the business is carried on, is the pharmacist who acts under the directions of the superintendent,
as if he were such an officer of the body corporate.
68. In any proceedings under this Act a certificate of analysis purporting to be signed by an analyst shall, on its production by the prosecution without proof of the signature of the analyst, be sufficient evidence of the facts stated therein until the contrary is proved.
69.
—(1) For the purposes of any proceedings under this Act for an offence consisting of —
(a)
offering a medicinal product for sale by retail in contravention of section 24 or any conditions prescribed for the purpose of section 25; or
(b)
offering a medicinal product for sale in contravention of section 31(b),
where it is proved that the medicinal product in question was found on a vehicle or stall from which medicinal products are sold, it shall be presumed, unless the contrary is proved, that the person in charge of the vehicle or stall offered that medicinal product for sale and, in a case falling within paragraph (a), that he offered it for sale by retail.
(2) For the purposes of any proceedings under this Act for an offence consisting of a contravention of so much of any provision to which this subsection applies as relates to a person having any medicinal product in his possession for the purpose of sale or supply, where it is proved that the medicinal product in question was found in any premises occupied by the person charged with the offence or under his control, it shall be presumed, unless the contrary is proved, that he had that medicinal product in his possession for the purpose of sale or supply.
(4) For the purposes of any proceedings under this Act for an offence consisting of a contravention of section 45(2) or (3), as relates to leaflets, where it is proved that the leaflet in question was found in any premises occupied by the person charged with the offence or under his control, it shall be presumed, unless the contrary is proved, that he had the leaflet in his possession for the purpose of supplying it with a medicinal product.
70. Any notice or other document required or authorised by any provision of this Act to be served on any person, or to be given or sent to any person, may be served, given or sent —
(a)
by delivering it to him;
(b)
by sending it by post to him at his usual or last-known residence or place of business in Singapore; or
(c)
in the case of a body corporate, by delivering it to the secretary of the body corporate at its registered or principal office or sending it by post to the secretary of that body corporate at the office.
71. Notwithstanding anything to the contrary contained in the Criminal Procedure Code, a District Court or Magistrate’s Court shall have jurisdiction to try any offence under this Act and to impose the full penalty or punishment in respect of any such offence.
72. The licensing authority may compound any offence under this Act or any regulations made thereunder by accepting from the person reasonably suspected of having committed such an offence a sum not exceeding $2,000.
72A. All fees, charges and other moneys recovered or collected by the licensing authority under this Act or any regulations made thereunder (including sums collected for the composition of offences under section 72) shall be paid —
(a)
in the case where the licensing authority is the Chief Executive of the Authority, to the Authority; and
(b)
in the case where the licensing authority is the Director-General, Agri-food and Veterinary Services, to the Agri-food and Veterinary Authority established under the Agri-food and Veterinary Authority Act 2000 (Act 16 of 2000).
73. The Minister may establish one or more advisory committees consisting of such members as he may appoint for the purpose of giving advice to the licensing authority with regard to such matters arising out of the administration of this Act as are referred to them by the Minister.
74.
—(1) The Minister may make regulations for any purpose for which regulations are authorised or required to be made under this Act and generally for carrying out the purposes and provisions of this Act.
(2) Without prejudice to the generality of subsection (1), regulations made under this Act may —
(a)
prescribe fees for the grant or renewal of licences and certificates;
(b)
prescribe standard provisions for licences and certificates either in respect of medicinal products generally or any class of medicinal products;
(c)
provide for the registration of premises, other than pharmacies, used for the purpose of the retail sale, storage or supply of medicinal products;
(d)
provide that any person who contravenes the regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.
75. Except as expressly provided in this Act, nothing in this Act shall limit or affect in any way the provisions or operation of any other written law relating to any matter which may be dealt with in this Act.
76.10
—(1) The Medicines (Advertisement and Sale) Act [Cap. 177] and the Sale of Drugs Act [Cap. 282] are repealed and any subsidiary legislation made under those Acts are revoked.
(2) The Poisons Act [Cap. 234] is amended in the manner set out in the Second Schedule.
10 This section was not in operation when this Revised Edition was brought into force.
Act not to apply to products categorised and regulated as health products under Health Products Act 2007
77.
—(1) Where any product to which this Act applies has been categorised as a type of health product under the Health Products Act 2007, the Minister may, by order published in the Gazette, declare that the provisions of this Act shall cease to apply to that type of product as from the date specified in the order, and the provisions of this Act shall, as from the date so specified, cease to apply to that type of product.
(2) The Minister may, in making any order under subsection (1), prescribe such transitional, savings and other consequential provisions as he may consider necessary or expedient.