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Part 6 · Duties and Obligations of Manufacturers, Importers, Etc., of Therapeutic Products

31. Duty to maintain records of manufacture

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Amended

Last amended by an amending law of 2023.

(1)

A manufacturer of a therapeutic product, other than a healthcare service licensee, must maintain records of —

(a)

such information relating to the therapeutic product and its manufacture or assembly as the Authority may specify on the Authority’s website or, if the manufacturer is the holder of a manufacturer’s licence, in the manufacturer’s licence; and

(b)

the manufacture of each batch of the therapeutic product and of the tests carried out on each of such batch, in the manner specified on the Authority’s website or in the relevant licence issued by the Authority (if applicable).

(2)

The manufacturer must maintain for any therapeutic product the records mentioned in paragraph (1) for the longer of the following periods:

(a)

one year after the expiry date of the therapeutic product;

(b)

5 years after the date of manufacture of the therapeutic product.

(3)

A manufacturer of a therapeutic product who fails to comply with paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

(4)

A person who, in compliance or purported compliance with paragraph (1), furnishes the Authority or an enforcement officer with any record which the person knows is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

Subregulation 1

A manufacturer of a therapeutic product, other than a healthcare service licensee, must maintain records of —

(a)

such information relating to the therapeutic product and its manufacture or assembly as the Authority may specify on the Authority’s website or, if the manufacturer is the holder of a manufacturer’s licence, in the manufacturer’s licence; and

(b)

the manufacture of each batch of the therapeutic product and of the tests carried out on each of such batch, in the manner specified on the Authority’s website or in the relevant licence issued by the Authority (if applicable).

Subregulation 2

The manufacturer must maintain for any therapeutic product the records mentioned in paragraph (1) for the longer of the following periods:

(a)

one year after the expiry date of the therapeutic product;

(b)

5 years after the date of manufacture of the therapeutic product.

Subregulation 3

A manufacturer of a therapeutic product who fails to comply with paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

Subregulation 4

A person who, in compliance or purported compliance with paragraph (1), furnishes the Authority or an enforcement officer with any record which the person knows is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

Report

Part 7

Exceptions — Manufacture, Import and Wholesale of Therapeutic Products Without Licence

Part 8

Exceptions — Supply of Therapeutic Products Without Registration

Part 8A

Exception — Emergency Therapeutic Products

Part 9

Miscellaneous

Schedules