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PART VI.
Provisions in Relation to Medical and Toilet Preparations and Certain Other Articles.
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Control of advertisement or sale of medical and toilet preparations.
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65.—(1) In this section—
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the word “substance” includes a preparation;
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the expression “proprietary designation” means a designation of a substance manufactured, selected or distributed by a particular person which is used in order to distinguish the substance from substances manufactured, selected or distributed by other persons;
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the expression “medical preparation” means—
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(a) a substance which is sold under a proprietary designation and which may be used for the prevention or treatment of any human ailment, infirmity, injury or defect, or
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(b) any other prophylactic, diagnostic or therapeutic substance which may be used for the prevention or treatment of any human ailment, infirmity, injury or defect;
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the expression “toilet preparation” means a substance which is sold under a proprietary designation to be applied for toilet or cosmetic purposes to the human body or any part thereof.
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(2) The Minister may make regulations for the control of the advertisement or sale of medical preparations or toilet preparations generally or of any specified class of such preparations or of any particular medical preparation or toilet preparation.
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(3) Regulations under this section may, in particular, make provision for all or any of the following matters:—
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(a) the prohibition of the manufacture, preparation, importation, distribution, sale or offering or keeping for sale of the preparation or preparations to which the regulations relate either absolutely or subject to specified conditions (including the grant of a licence for the manufacture, preparation, importation, distribution or sale of such preparation or preparations);
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(b) the prohibition of the advertisement of the preparation or preparations to which the regulations relate either absolutely or subject to specified conditions (including the grant of a licence for the advertisement of such preparation or preparations) and the prohibition of the sale or offering or keeping for sale of any such preparation which is advertised in contravention of such regulations;
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(c) the requiring of the printing on the outside of packets or containers in which preparations are to be sold of the compositions of such preparations and the prohibition of the sale of any preparation in a packet or container which has not printed on the outside thereof the composition of the preparation;
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(d) the determination of the classes of persons to whom licences under the regulations are to be granted;
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(e) the prescribing of conditions governing the grant, retention or renewal of licences under the regulations;
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(f) the requiring of applicants for or holders of licences under the regulations to furnish specified information in regard to the constitution, manufacture, importation, storage, distribution, sale or advertisement of the preparations to which their applications or licences relate;
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(g) the refusal or revocation of licences under the regulations;
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(h) the giving and the taking (without payment) of samples of medical preparations or toilet preparations;
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(i) the imposition of charges (whether fixed, variable or partly fixed and partly variable) in respect of the grant, retention or renewal of licences under the regulations.
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(4) A person who contravenes a regulation under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five hundred pounds.
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(5) An offence under this section may be prosecuted by the Minister.
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