14.—(1) Except in such cases as may be prescribed, a person must not supply any health product by wholesale unless —
(a)
the person holds a valid wholesaler’s licence; and
(b)
the wholesale supply of the health product is carried out in accordance with the conditions of the licence.
(2) A wholesaler of any health product must not use any premises or facility for storing the health product prior to distribution unless the premises or facility is authorised for such use under the wholesaler’s licence held by the wholesaler or the provisions of this Act, or by the Authority.
(3) Every wholesaler of a health product must ensure that the wholesale supply of the health product is carried out in accordance with such requirements as may be prescribed.
(4) Any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
Prohibition against supply of unregistered health products
15.—(1) Except in such cases as may be prescribed, a person must not supply any health product unless the health product is a registered health product.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
Prohibition against supply of health products that are adulterated, counterfeits, etc.
16.—(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.
Supply of health products to be carried out in accordance with prescribed requirements
17.—(1) A person must not supply any health product unless the supply of the health product is carried out in accordance with such requirements as may be prescribed.
(2) The requirements that may be prescribed for the purposes of subsection (1) include the following:
(a)
that the supply of the health product should be carried out only under, and in accordance with the conditions of, a licence issued by the Authority;
(b)
that the supply of the health product should be carried out only by certain specified persons;
(c)
that the supply of the health product should be carried out only at certain specified premises;
(d)
that the supply of the health product should or should not be carried out in any specified manner;
(e)
that the health product should be supplied only to certain specified persons and for certain specified purposes;
(f)
that proper records should be kept in relation to any supply made of the health product.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
Presentation of health products
18.—(1) A person must not supply any health product unless the presentation of the health product complies with such requirements as may be prescribed.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
