Part I: Preliminary
2. Interpretation
(1) In this Act, unless the context otherwise requires—
“administer” means administer to a human being or an animal, whether orally, by injection or by introduction into the body in any other way, or by external application, whether by direct contact with the body or not; and any reference in this Act to administering a substance or article is a reference to administering it either in its existing state or after it has been dissolved or dispensed in, or diluted or mixed with, some other substance used as a vehicle for such administration;
“animal test certificate” has the meaning assigned to it by section 43 (c) (ii);
“assemble”, in relation to a medicinal product, means—
(a) enclosing the product, with or without other medicinal products of the same description, in a container which is labelled before the product is sold or supplied; or
(b) where the product, with or without other medicinal products of the same description, is already enclosed in the container in which it is to be sold or supplied, labelling the container before the product is sold or supplied in it; and
“assembly” has a corresponding meaning;
“authorized seller of poisons” is a person, other than a person lawfully conducting a retail pharmacy business, who may sell Part II poisons pursuant to section 55 (2) (b);
“Board” means the Pharmarcy, Medicines and Poisons Board established by section 3;
“business” includes a professional practice and any activity carried on by a person or a body of persons, whether corporate or unincorporate;
“clinical officer” means a person dully registered as such under the Medical Practitioners and Dentists Act; Cap. 36:01
“clinical trial” and “clinical trial certificate” have the meaning assigned to them by section 42;
“composition”, in relation to a medicinal product, means the ingredients of which it consists and the proportions, and the degree of strength, quality and purity, in which those ingredients are contained in it;
“container” in relation to a medicinal product, means a bottle, jar, box, packet or other receptacle which contains or is to contain it, not being a capsule, cachet or other article in which the product is or is to be administered, and, where any such receptacle is or is to be contained in another such receptacle, includes the former but does not include the latter receptacle;
“dentist” or “dental assistant” means a person registered as such under the Medical Practitioners and Dentists Act; Cap. 36:01
“despensing” means selling or supplying a medical product;
“dispensing licence” has the meaning assigned to it in section 35 (4);
“hospital” includes a clinic, dispensary or similar institution;
“ingredients” in relation to the manufacture or preparation of a substance, includes anything which is the sole active ingredient of that substance as manufactured or prepared;
“inspector” means a person appointed under section 59;
“labelling”, in relation to a container or package or medicinal products, means affixing to or otherwise displaying on the container or package a notice describing or otherwise relating to the contents thereof, and “label” has a corresponding meaning;
“leaflet” includes any written information;
“licensing authority” means the authority upon which responsibility for licensing has been conferred by section 34;
“manufacture”, in relation to a medicinal product, includes any process carried out in the course of making the medicinal product but does not include dissolving or dispensing the medicinal product in, or diluting or mixing it with, some other substance used as a vehicle for the purpose of administering it or the incorporation of the product in any animal feed;
“manufacturer’s licence” has the meaning assigned to it in section 35 (2);
“medical practitioner” or “medical assistant” means a person registered as such under the Medical Practitioners and Dentists Act; Cap. 36:01
“medicinal product” means any substance or article which is manufactured, sold, supplied, imported or exported for use wholly or mainly in either or both of the following ways—
(a) use by being administered to a human being or an animal for a medicinal purpose;
(b) use as an ingredient in the preparation of a substance or article which is to be administered to a human being or an animal for a medicinal purpose,
but it shall not include an instrument, apparatus or appliance;
“medicinal purpose” means any one or more of the following purposes—
(a) treating or preventing diseases;
(b) diagnosing disease or ascertaining the existence, degree or extent of a physiological conditions;
(c) contraception;
(d) inducing anaesthesia;
(e) otherwise preventing or interfering with the normal operation of a physiological function whether permanently or temporarily and whether by way of terminating, reducing or postponing, or increasing or accelerating, the operation of that function or in any other way;
“nurse” or “midwife” means a nurse or midwife registered in any category of nurses or midwives under the Nurses and Midwives Act: Cap. 36:02
“package”, in relation to any medicinal products, means any box, packet or other article in which one or more containers of the medicinal products are or are to be enclosed, and where any such box, packet or other article is or is to be enclosed in one or more other boxes, packets or articles in question, the collective number thereof;
“pharmacist” means a person registered as such under Part III;
“pharmacy technologist” means a person registered as such under Part III;
“pharmacy assistant” means a person registered as such under Part III;
“poison” means a substance specified in the Poisons List prescribed under section 55 (1);
“product licence” has the meaning assigned to it in section 35 (1);
“Registrar” means the Registrar of the Board appointed under section 13 and includes any person duly acting as, or on behalf of, the Registrar;
“retail pharmacy business” means a business which consists of or includes the retail sale of medicinal products but does not include a professional practice carried on by a pharmacist;
“substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour;
“treatment” in relation to disease, includes anything done or provided for alleviating the effects of the disease, whether it is done or provided by way of cure or not;
“veterinary surgeon” means a person registered as such under the Veterinary Surgeons Act; Cap. 53:04
“wholesale dealer’s licence” has the meaning assigned to it in section 35 (3);
(2) In this Act, any reference to a sale of medicinal products or poisons by way of wholesale dealing is a reference to the sale of medicinal products or poisons to a person who buys medicinal products or poisons for the purpose of—
(i) selling or supplying medicinal products or poisons; or
(ii) administering or causing to be administered any medicinal products or poisons to a human being or an animal,
in the course of business carried on by that person but it shall not include any such sale by the manufacturer of medicinal products or poisons.
(3) In this Act, any reference to a retail sale of medicinal products or poisons is a reference to the sale of medicinal products or poisons to a person who buys medicinal products or poisons otherwise than for a purpose specified in subsection (2).
