Medicines (Advertisements of Oral Dental Gums) Regulations 2003

No. S 658

Medicines Act

(Chapter 176)

Medicines (Advertisements of Oral Dental Gums) Regulations 2003

In exercise of the powers conferred by sections 52, 54 and 74 of the Medicines Act, Mr Khaw Boon Wan, Senior Minister of State, Ministry of Finance, charged with the responsibility of the Minister for Health, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Medicines (Advertisements of Oral Dental Gums) Regulations 2003 and shall come into operation on 1st January 2004.

Definitions

2. In these Regulations, unless the context otherwise requires —

“oral dental gum” has the same meaning as in the Medicines (Oral Dental Gums) (Specification) Order 2003 (G.N. No. S 662/2003);

“sales promotion” means any sales campaign (including door to door sales), exhibition, competition or any other activity for the purpose of introducing, publicising or promoting the sale or use of a product.

Permit for advertising

3. Except as provided in these Regulations, no person shall —

(a)	issue or cause to be issued any advertisement relating, or likely to cause any person to believe it relates, to any oral dental gum; or
(b)	conduct any sales promotion relating, or likely to cause any person to believe it relates, to any oral dental gum,

without first obtaining a permit from the licensing authority.

Application for permit

4. An application for a permit referred to in regulation 3 shall be in such form as the licensing authority may require.

Period of validity of permit

5. Any permit granted by the licensing authority under regulation 3 shall, unless sooner revoked, be valid for a period of 3 years from the date on which it was granted.

Permit subject to terms and conditions

6. A permit may be granted subject to such terms and conditions as the licensing authority may think fit to impose.

Refusal, etc., of permit

7.—(1) The licensing authority may, without assigning any reason, refuse to grant a permit or may suspend or revoke any permit already granted.

(2) Any person aggrieved by such refusal, suspension or revocation may appeal to the Minister whose decision shall be final.

Duty of printer or publisher

8. No person shall print or publish or cause to be printed or published any advertisement for an oral dental gum unless he has first ascertained that a permit has been granted by the licensing authority in respect of that advertisement.

Gifts or prizes

9. No person shall, in conducting any sales promotion, offer any gift or prize to promote the sale of any oral dental gum.

Exception for trade, business or profession

10. Regulation 3 shall not apply to any advertisement or sales promotion for an oral dental gum which is directed exclusively to a person who may lawfully sell or supply any oral dental gum in the course of his trade, business or profession, within his business premises.

Exception for trade and reference advertisements

11. These Regulations shall not apply to any advertisement relating to an oral dental gum which is issued by means of a catalogue, price list or other document for the purpose of a sale by way of wholesale dealing but which does not contain any recommendation relating to the use of the same other than as part of the name of the oral dental gum.

Permit number

12. Every advertisement for oral dental gum issued or published shall have printed legibly thereon the number of the permit granted in respect of the advertisement.

No change in permitted advertisement

13. No person shall alter or amend any advertisement for an oral dental gum for which a permit has been granted without the written permission of the licensing authority.

Fees

14.—(1) The fees payable for —

(a)	an application for a permit;
(b)	a permit; or
(c)	an amendment of a medical advertisement,

shall be as specified in the Schedule.

(2) No refund shall be made in respect of any fee paid under these Regulations.

Penalty

15. Any person who contravenes regulation 3, 8, 9, 12 or 13 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

Made this 30th day of December 2003.

MOSES LEE

Permanent Secretary,
Ministry of Health,
Singapore.

[CPA(PER) 63:02/26-1 Vol. 15; AG/LEG/SL/176/2002/1 Vol. 1]

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