Health Products Act 2007

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1 Short title and commencement

4 Act to apply only to health products specified in First Schedule

5 Act not to apply to supply or use of health products and active ingredients for veterinary purposes

6 Administration of Act

7 Appointment of enforcement officers

8 Designation of analysts

9 Enforcement officers and analysts deemed to be public officers

10 Advisory Committees

11 Appeal Advisory Committees

12 Manufacture of health products

13 Import of health products

14 Wholesaling of health products

15 Prohibition against supply of unregistered health products

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

17 Supply of health products to be carried out in accordance with prescribed requirements

18 Presentation of health products

19 Advertisement of health products

20 False or misleading advertisement

21 Further requirements for advertisement of health products

23 Corrective measures in relation to contravening advertisements

24 Issue and renewal of licences

25 Variation of licence conditions on application by licensee

26 Register of licensees

27 Suspension and revocation of licence and cancellation of approval

29 Health products to be registered according to categories in First Schedule

30 Registration of health products

31 Duration of registration

32 Conditions of registration

33 Evaluation of health products

34 Register of Health Products

35 Re‑categorisation or re‑classification of health products on application of registrant

36 Power to re‑categorise or re‑classify health products in absence of application by registrant

37 Suspension and cancellation of registration

39 Application of this Part

40 Keeping of records

41 Furnishing of information or document regarding health product

42 Reporting of defects and adverse effects to Authority

43 Verification of quality, safety and efficacy of health product

44 Notification to Authority concerning recall of health product

45 Additional duties under regulations

46 Active ingredients to which this Part applies

47 Regulation of manufacture, import, supply, etc., of active ingredients

48 Non-compliant health products and active ingredients

49 Powers of enforcement

50 Unlawful alteration, destruction, etc., of documents

51 Obstructing officers in execution of their duties

52 Presumption as to liability of importers and manufacturers

53 Presumption as to identity of advertiser

54 Presumption as to purpose for which health product is manufactured, imported or supplied

55 Presumption as to similarity in properties between health products, etc., found and sample taken therefrom

56 Presumption of person’s intention to supply health product found in person’s possession

57 Evidence of analyst

58 Jurisdiction of court

59 Offences by bodies corporate, etc.

60 Enhanced penalty for corporations

61 Liability for offences by agents or employees

63 Recovery of fees and other expenses incidental to prosecution

64 Non-disclosure of information

65 Composition of offences

66 Protection of confidential information

67 Service of documents

68 Form and authentication of notices, orders and other documents

69 Inaccuracies in documents

73 Supply and use of health products and active ingredients for veterinary purposes

74 Powers of officers enforcing regulations made under section 73

75 Application of Parts 10 to 13

PART 2

ADMINISTRATION

Administration of Act

6. The Authority is responsible for the administration and enforcement of this Act (except for Part 14) subject to the general and special directions of the Minister.

Appointment of enforcement officers

7.—(1) The Chief Executive may in writing appoint —

(a)	any officer of the Authority; or
(b)	with the approval of the Authority, any other person,

to be an enforcement officer for the purposes of this Act.

(2) Every enforcement officer, when exercising his or her powers and carrying out his or her duties under this Act, must comply with such general or special directions as may, from time to time, be given to him or her by the Chief Executive.

(3) Every enforcement officer when exercising any of his or her powers under this Act must, if not in uniform, declare his or her office and must, on demand, produce to any person affected by the exercise of that power such identification card as the Authority may direct to be carried by the enforcement officer when exercising that power.

Designation of analysts

8. The Chief Executive may designate any suitably qualified person as an analyst to carry out any test, evaluation or analysis as may be necessary for the purpose of the administration and enforcement of this Act.

Enforcement officers and analysts deemed to be public officers

9. Every enforcement officer and analyst is deemed to be a public servant within the meaning of the Penal Code 1871.

Advisory Committees

10. The Authority may establish one or more Advisory Committees consisting of any persons that it thinks fit to appoint for the purpose of advising the Authority on such matters arising from the administration and enforcement of this Act as are referred to them by the Authority.

Appeal Advisory Committees

11. The Minister may establish one or more Appeal Advisory Committees consisting of such persons as the Minister thinks fit to appoint for the purpose of —

(a)	assisting him or her in the determination of any appeal that is brought to him or her under this Act; and
(b)	advising him or her on any matter arising from any such appeal.

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