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Power to inspect, take samples and seize goods and documents

Medicines Act 1975

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—(1) For the purpose of ascertaining whether there is or has been a contravention of this Act or any regulations or orders made under this Act, any person duly authorised in writing by the licensing authority (called in this section an authorised person) may inspect —(a)any substance or article appearing to the authorised person to be a medicinal product;(b)any article appearing to the authorised person to be a container or package used or intended to be used to contain any medicinal product or to be a label or leaflet used or intended to be used in connection with a medicinal product; or(c)any plant or equipment appearing to the authorised person to be used or intended to be used in connection with the manufacture or assembly of medicinal products, and any process of manufacture or assembly of any medicinal products and the means employed, at any stage in the processes of manufacture or assembly, for testing the materials after they have been subject to those processes.(2) Where for the purpose specified in subsection (1) an authorised person requires a sample of any substance or article appearing to the authorised person to be —(a)a medicinal product sold or supplied or intended to be sold or supplied; or(b)a substance or article used or intended to be used in the manufacture of a medicinal product,the authorised person may take a sample of that substance or article.(3) For the purpose specified in subsection (1), an authorised person may —(a)require any person carrying on a business which consists of or includes the manufacture, assembly, sale or supply of medicinal products, and any person employed in connection with such a business, to produce any books or documents relating to the business which are in that person’s possession or under that person’s control; and(b)take copies of, or of any entry in, any book or document produced pursuant to paragraph (a).(4) An authorised person may seize and detain any substance or article which he or she has reasonable cause to believe to be a substance or article in relation to which, or by means of which, an offence under this Act is being or has been committed, and any document which he or she has reasonable cause to believe to be a document which may be required as evidence in proceedings under this Act.(5) An authorised person may, so far as is reasonably necessary in order to secure that the provisions of this Act and any regulations or orders made under this Act are duly observed, require any person having authority to do so to break open any container or package or open any vending machine, or to permit the authorised person to do so.(6) Where an authorised person seizes any substance or article (including any document) under subsection (4), that authorised person must inform the person from whom it is seized, and, in the case of anything seized from a vending machine, the person whose name and address are stated on the machine as being those of the owner of the machine, or, if no name and address are so stated, the occupier of the premises on which the machine stands or to which it is affixed.(7) The Minister may by regulations prescribe the procedure for the sampling of articles and substances seized under this section.

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