| (1) |
An inspector may, at all reasonable times— |
| (i) |
any place or premises from which a person, authorised under this Act to compound or dispense medicines or Scheduled substances, dispenses or handles medicines, Scheduled substances, medical devices or IVDs or from which the holder of a licence as contemplated in section 22C(1)(b) conducts a business; or |
[Section 22H(1)(a)(i) substituted by section 18(a) of Notice No. 19, GG 39585, dated 8 January 2016]
| (ii) |
any place, premises, vessel or aircraft if he or she suspects on reasonable grounds that an offence in terms of this Act has been or is being committed thereon or therein that an attempt has been made or is being made to commit such an offence thereon or therein; or |
| (iii) |
any private dwelling, with the consent of the occupier or under the authority of a warrant issued in terms of subsection (5) or without a warrant in terms of subsection (6); |
| (b) |
inspect any medicine, Scheduled substance, medical device or IVD, or any book, record or document found in or upon the premises, place, vehicle, vessel or aircraft contemplated in subparagraph (ii) of subsection (1)(a); |
[Section 22H(1)(b) substituted by section 18(b) of Notice No. 19, GG 39585, dated 8 January 2016]
| (c) |
seize any such medicine, Scheduled substance, medical device or IVD, any books, records or documents found in or upon such premises, place, vehicle, vessel or aircraft and appearing to afford evidence of a contravention of any provision of this Act; |
[Section 22H(1)(c) substituted by section 18(b) of Notice No. 19, GG 39585, dated 8 January 2016]
| (d) |
take so many samples of any such medicine, Scheduled substance, medical device or IVD as he or she may consider necessary for the purpose of testing, examination or analysis in terms of the provisions of this Act. |
[Section 22H(1)(d) substituted by section 18(b) of Notice No. 19, GG 39585, dated 8 January 2016]
| (a) |
Any sample taken in terms of paragraph (d) of subsection (1) shall— |
| (i) |
be taken in accordance with the prescribed methods and in the presence of the person who is in charge of such medicine, Scheduled substance, medical device or IVD, or if there is no such person or if he is absent for any reason, in the presence of any other witness; |
[Section 28(2)(a)(i) substituted by section 18(c) of Notice No. 19, GG 39585, dated 8 January 2016]
| (ii) |
forthwith be packed and sealed and suitably labelled or marked in such manner as its nature may permit; |
| (iii) |
then be transmitted to an analyst, pharmacologist, technician, engineer, scientist, pathologist or expert designated by the Authority together with a certificate in the prescribed form signed by such inspector. |
[Section 28(2)(a)(iii) substituted by section 18(d) of Notice No. 19, GG 39585, dated 8 January 2016]
| (b) |
A copy of the aforesaid certificate shall be handed or transmitted by registered post to the owner or seller of such medicine, Scheduled substance, medical device or IVD or his or her agent. |
[Section 28(2)(b) substituted by section 18(e) of Notice No. 19, GG 39585, dated 8 January 2016]
| (3) |
The analyst, pharmacologist, engineer, scientist, pathologist or expert designated by the Authority to whom a sample has been transmitted in terms of the provisions of subsection (2) shall with all convenient speed test, examine or analyse the sample delivered to him or her, and the result of the test, examination or analysis shall be stated in a certificate in the prescribed form. |
[Section 28(3) substituted by section 18(f) of Notice No. 19, GG 39585, dated 8 January 2016]
| (4) |
The owner of the medicine, Scheduled substance, medical device or IVD from which the sample was taken may claim from the Authority an amount equal to the market value thereof. |
[Section 28(4) substituted by section 18(f) of Act Notice No. 19, GG 39585, dated 8 January 2016]]
| (5) |
Where on application to a magistrate it appears to such magistrate from information on oath that there are reasonable grounds to believe that— |
| (a) |
the conditions for entry described in subsection (1)(a) exist in relation to a private dwelling; |
| (b) |
entry to that private dwelling is necessary for any purpose relating to the administration or enforcement of this Act; and |
| (c) |
entry to the private dwelling has been refused or that entry thereto will be refused, |
a magistrate may issue a warrant authorizing the inspector named therein to enter that private dwelling subject to such conditions as may be specified in the warrant.
[Section 28(5) inserted by section 11(b) of Act No. 59 of 2002]
| (6) |
If an inspector believes on reasonable grounds that— |
| (a) |
a warrant would be issued to him or her under subsection (5) if he or she applies for such a warrant; and |
| (b) |
a delay in obtaining such warrant would defeat the object of the entry, search and seizure, |
he or she may without a warrant enter and search any premises for any medicines, scheduled substance, book, record or document relevant to the administration or enforcement of this Act and seize or take samples as contemplated in subsection (1)(c).
[Section 28(5) inserted by section 11(b) of Act No. 59 of 2002]
Protection of Businesses Act, 1978
