The Laws of Fiji
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Last Updated: 4 December 2021
AN ACT TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY REGULATING MEDICINAL PRODUCTS, DEVICES, POISONS AND SIMILAR PRODUCTS IN ACCORDANCE WITH THE NATIONAL MEDICINAL PRODUCTS POLICY AND TO PROVIDE FOR THE REGULATION OF THE IMPORT, MANUFACTURE, EXPORT, SUPPLY, SALE, ADVERTISING AND PROMOTION OF MEDICINAL PRODUCTS, DEVICES AND POISONS WHICH ARE OF ACCEPTABLE QUALITY, SAFETY AND EFFICACY
[MP 42] Powers of authorised officers42
42
- (a)at any reasonable time, enter any place where he or she believes any product is manufactured, prepared, packaged, preserved or stored and examine any such product and take samples thereof and also examine anything that he or she believes is used for the manufacture, preparation, preservation, packaging or storing of such product;
- (b)open and examine any receptacle or package that he or she believes to contain any product;
- (c)examine any books, documents or other records found in any place mentioned in paragraph (a) that he or she believes to contain any information relevant to the carrying into execution of the enforcement of this Act, with respect to any product and make copies thereof or take extracts there from;
- (d)seize and detain for such time as may be necessary, any product by means of or in relation to which he or she believes any provisions of this Act or regulations made thereunder have been contravened; and
- (e)examine and seize anything used or capable of being used for the manufacture, preparation, preservation, packaging or storing of any drug including any labelling or advertising material.
(2) Any authorised officer acting under this section shall, if so required, produce his or her authority.
(3) The owner or person in charge of a place entered by an authorised officer, in pursuance of subsection (1) and every person found therein, shall give the authorised officer, all reasonable assistance in his or her power and furnish him or her with such information and such samples as he or she may require.
(4) No person shall obstruct any authorized officer acting in the exercise of his or her power under this Act or any regulations made thereunder.
(5) If any authorised officer applies to obtain samples of any product exposed for sale and the person exposing the product refuses to sell to the authorised officer such quantity thereof as he or she may require or refuses to allow that officer to take the quantity which he or she is empowered to take, the person refusing shall be deemed, for the purpose of subsection (5) to have obstructed an authorised officer.
(6) No person shall knowingly make a false or misleading statement either orally or in writing to any authorised officer engaged in the exercises of his or her powers under this Act or any regulations made thereunder.
(7) No person shall remove, alter, tamper or otherwise interfere in any manner with any product seized under this Act by an authorised officer, without the authority of the authorised officer.
(8) Any product seized under this Act may, at the discretion of the authorised officer, be kept or stored in the building or place where it was seized or be taken to any other place.
(9) An authorised officer shall inform the Registrar, of any seizure made under this Act.