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Key Sectors

Measure

Disposal of undesirable medicines

Type Class Valid From Valid To
General Goods
Summary:

If the Council believes it is not in the public's interest for a medicine or scheduled substance to be available, it can:

1. Issue a Notice:
   - Direct a person via written notice or through the Gazette to:
     - Return the medicine or substance in their possession to the manufacturer, supplier, or importer.
     - Deliver or send the medicine to another person designated by the Council.

2. Direct Manufacturers, Suppliers, or Importers:
   - Instruct them, via written notice, to manage any quantity of the specified medicine or substance, including those returned in response to previous directions.

Description:

33. (1) If the Council is of the opinion that it is not in the public interest that a medicine or a scheduled substance be made available to the public, the Council may -

(a) by notice in writing handed or transmitted by registered post to any person direct that person; or

(b) by notice in the Gazette direct any person, to -

(i) return any quantity of that medicine or scheduled substance in his or her possession to the manufacturer, supplier or importer of that medicine or scheduled substance; or

(ii) deliver or send that medicine to any other person designated by the Council. [subsection (1) amended by Act 8 of 2007]

(2) The Council may, by notice in writing, direct any -

(a) manufacturer, supplier or importer of a medicine or a scheduled substance referred to in subsection (1), who has any quantity of that medicine or scheduled substance, including any quantity returned to him or her in pursuance of a direction made under subsection (1);

Commodities Affected by the Measure

# HS Code Description
1 30 Pharmaceutical products.
2 3001 Glands and other organs for organo-therapeutics uses, dried, whether or not powdered; extracts of glands or other organs or of their secretions for organo-therapeutic uses; heparin and its salts; other human or animal substances prepared for therapeutic or prophylactic uses, or elsewhere specified
3 3002 Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera, other blood fractions and immunological products, whether or not modified or obtained by means of biotechnological processes; vaccines ,toxins, cultures of micro-orgarnisms (excluding yeasts) and similar products; cell cultures, whether or not modified.
4 3003 Medicaments (excluding goods of heading 3002,3005,3006) consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put up in measured doses or in forms or packings for retail sales
5 3004 Medicaments (excluding goods of heading 3002,3005,3006) consisting of mixed or unmixed products for therapeutic uses, put in measured doses(including those in the form of transdermal administration system) or in forms or packing for retails sales
6 3005 Wadding, gauze, bandages, and similar articles(example, dressings, adhesive plasters, poultices), impregnated or coated with pharmaceutical substances or put up in forms or packings for retail sale for medical, surgical, dental veterinary purposes

Procedures Implementing the Measure

No procedures found under this measure.

Legal Documents Related to the Measure

Name Type Category
Medicines and Related Substances Control Act 13 of 2003 Act Import/Export