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

23. Disposal of undesirable medicines, medical devices or IVDs

[Section 23 heading substituted by section 24 of Act No. 14 of 2015]

 

(1) If the Authority is of the opinion that it is not in the public interest that any medicine, medical device or IVD shall be made available to the public, it may—
(a) by notice in writing transmitted by registered post to any person direct that person; or
(b) by notice in the Gazette direct any person,

to return any quantity of such medicine, medical device or IVD which he or she has in his or her possession to the manufacturer thereof or (in the case of any imported medicine, medical device or IVD) to the importer concerned or to deliver or send it to any other person designated by the Authority.

 

(2) The Authority may by notice in writing direct any medical device or IVD establishment, manufacturer or importer of any such medicine, medical device or IVD who has in his or her possession any quantity thereof (including any quantity returned, delivered or sent to him or her in pursuance of a direction under subsection (1)), or any other person to whom any quantity of such medicine, medical device or IVD has been so returned, delivered or sent, to deal with or dispose of that quantity in such manner as the Authority may determine.

 

(3) No person shall sell any medicine, medical device or IVD which is the subject of a notice under subsection (1) which has not been set aside on appeal.

 

[Section 23 substituted by section 29 of Act No. 72 of 2008]