Act No. 13, 2003
MEDICINES AND RELATED SUBSTANCES
CONTROL ACT, 2003
manufactured, sold or administered, to furnish the Council, within a period specified in
that notice, with information, which that person has in his or her possession or which
that person is in a position to obtain regarding that medicine.
(3) The Council may, if requested by a person to whom a notice under subsection
(2) is addressed, extend the period specified in that notice.
Publication or distribution of false advertisements concerning medicines
26.
(1)
A person may not
(a)
publish, distribute or in any other manner bring to the notice of the public
or cause to be published, distributed or to be brought to the notice of the
public, a false or misleading advertisement concerning a medicine; or
(b)
in an advertisement claim that the therapeutic efficacy and effect of a
medicine is other than that stated by the Council in terms of section 28(a)(ii)
or state or suggest that a medicine should be used for a purpose, under a
circumstance, or in a manner, other than that stated by the Council in terms
of that section.
(2) It is a sufficient defence in a prosecution for an offence under subsection
(1)(a), if it is proved to the satisfaction of the court that the accused, not being a person
selling the medicine to which the false or misleading advertisement, which is the subject
of the prosecution, relates, did not know, and could not reasonably be expected to have
known, that the advertisement was in any respect false or misleading, unless it is proved
that the accused failed on demand by the Registrar, an inspector or a member of the
Namibian Police, to furnish the name and address of the person on whose request or
direction the advertisement was published, distributed or brought to the notice of the
public.
Council may authorise sale of unregistered medicine for certain purposes
27. (1) The Council may authorise a person, in writing, to sell a specified
quantity of a particular medicine, which is subject to registration in terms of section 18,
but is not registered, during a specified period and to a specified person or institution.
(2) A medicine sold under the authority granted in terms of subsection (1) may
be used for such purposes, in such manner and during such period, as the Council may
determine in writing.
(3) If effect is not given to a determination made in terms of subsection (2), or
if the Council is of the opinion that the risks of selling a specified quantity of a particular
medicine in terms of subsection (1), outweigh the potential benefits, the Council may at
any time, in writing, withdraw any authority granted in terms of the said subsection (1).
Council to cause certain information to be furnished
28. The Council must in such manner as it considers most suitable, and as soon
as is practicable
(a)
in relation to a medicine, which has been registered after the commencement
of this Act, cause medical practitioners, dentists, pharmacists, veterinarians,
practitioners and the person who applied for the registration of that medicine
to be informed
(i)
of the name and number under which the medicine is registered and
the conditions, if any, subject to which it is registered;