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In force2020 Revised Edition

Part 4 · Supply of Health Products

16. Prohibition against supply of health products that are adulterated, counterfeits, etc.

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(1)

A person must not supply, or procure or arrange for the supply of, any health product which is —

(a)

an adulterated health product;

(b)

a counterfeit health product;

(c)

a health product that has been tampered with; or

(d)

an unwholesome health product.

(2)

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

in the case of an offence under subsection (1)(d), to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; and

(b)

in the case of an offence under subsection (1)(a), (b) or (c), to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both.

(3)

In any proceedings for an offence under subsection (1), it is a defence for the accused to prove that —

(a)

the accused —

(i)

did not know;

(ii)

had no reason to believe; and

(iii)

could not, with reasonable diligence, have ascertained,that the health product was in contravention of that subsection; and

(b)

the accused had taken all such precautions and exercised all such due diligence as could reasonably be expected of the accused in the circumstances to ensure that the health product did not contravene that subsection.

Report

Part 5

Advertisement of Health Products

Part 6

Licences

Part 7

Registration of Health Products

Part 8

Duties of Manufacturers, Importers, Etc., of Health Products

Part 9

Regulation of Dealings in Active Ingredients

Part 10

Enforcement

Part 11

Presumptions and Other Evidentiary Provisions for Purposes of Enforcement of Act

Part 12

Offences and Prosecution

Part 13

Miscellaneous

Part 14

Regulation of Supply and Use of Health Products and Active Ingredients for Veterinary Purposes

Schedules