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Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965)

Regulations

Regulations relating to Medical Devices and In Vitro Diagnostic Medical Devices (IVDs)

19. Offences and penalties

 

(1) A person who fails to comply with, contravenes the provisions of, or wilfully furnishes incorrect information in respect of—
(a) regulations 3 or 4 with regard to the importation or transmission of medical devices or IVDs;
(b) regulation 5 with regard to the licence to manufacture, act as a distributor or act as a wholesaler of medical devices or IVDs;
(c) regulation 14 with regard to the destruction of medical devices or IVDs;
(d) regulation 16 with regard to the conduct of clinical trials;
(e) regulation 21 with regard to the advertising of medical devices or IVDs;
(f) regulation 22 with regard to the labelling of medical devices or IVDs;
(g) regulation 23 with regard to the instructions for the use of a medical device;
(h) regulation 24 with regard to the instructions for use of an IVD;
(i) regulation 20 with regard to the compliance to the Essential Principles confirmed in the declaration of conformity; or
(j) regulation 17 with regard to reporting of adverse events and vigilance,

is guilty of an offence and upon conviction is liable to a fine, or to imprisonment for a period not exceeding 10 years.

 

(2) A person who sells a medical device or IVD that has expired is guilty of an offence and upon conviction is liable to a fine, or to imprisonment for a period not exceeding 10 years.