(1) A medicine may be seized if it—
| (a) |
is sold in contravention of the Act; |
| (b) |
is suspected of being a counterfeit; |
| (c) |
is misbranded, sub-standard or adulterated; |
| (f) |
is Scheduled and is sold— |
| (i) |
by an unauthorised person; |
| (ii) |
by an authorised person but in unauthorised quantities; or |
| (iii) |
at an unauthorised place or site; |
| (g) |
has been declared undesirable in terms of the Act; |
| (h) |
belongs to the State and is found to be possessed by an unauthorised person; or |
| (i) |
is used in an unauthorised clinical trial. |
| (2) |
An inspector seizing any item in terms of section 28(1)(c) of the Act shall, as soon as possible and at the scene of seizure, make a written inventory of all items seized and the inventory shall include— |
| (a) |
the date, place and time of seizure; |
| (b) |
the name and personal details of the person from whom the items were seized; |
| (c) |
the name and quantity of every item seized; and |
| (d) |
the name of the inspector conducting the seizure. |
| (3) |
An item contemplated in subregulation (2) may be used as evidence in any criminal proceedings in terms of this Act. |
| (4) |
An inspector taking any sample in terms of section 28(1)(d)of the Act shall make a written inventory of all samples taken which inventory shall include— |
| (a) |
the date on which, the place where and time when the sample was taken; |
| (b) |
a description of nature and size of each sample taken; and |
| (c) |
the personal details of the person in whose presence the sample was taken; and the name of the inspector taking the sample. |
Statistics Act, 1999
