Medicines and Allied Substances Control Act

Chapter 15:03

Citation: Chapter 15:03
Date: 31 December 2016
Language: English
Type: Act

Zimbabwe

Medicines and Allied Substances Control Act

Chapter 15:03

Commenced on 1 September 1969
[This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
[Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]

AN ACT to establish a Medicines Control Authority of Zimbabwe and to confer functions on such Authority in relation to the registration of medicines; to provide for the Zimbabwe Regional Medicines Control Laboratory and for its functions; to provide for the appointment of a Director-General of the Authority and for the keeping of a Medicines Register; to provide for certain prohibitions, controls and restrictions relating to medicines and other substances; and to provide for matters connected with or incidental to the foregoing.[long title as substituted by section 37 of Act 1 of 1996]

Part I – Preliminary

1. Short title

This Act may be cited as the Medicines and Allied Substances Control Act [Chapter 15:03].[section as amended by section 2 of Act 1 of 1996]

2. Interpretation

(1)In this Act—“advertisement”, in relation to any medicine, means any written, pictorial, visual or other descriptive matter or verbal statement or reference—(a)appearing in any newspaper or other publication; or(b)appearing on any television or cinematograph film; or(c)distributed to members of the public; or(d)brought to the notice of members of the public in any manner whatsoever;which is intended to promote the sale of that medicine;“analyst” means a person who is an analyst, pathologist or person having a special knowledge of the action and application of medicines appointed in terms of paragraph (b) of subsection (1) of section sixty-five for the purpose of the testing, examination or analysis of medicines in terms of this Act;[definition as amended by section 3 of Act 1 of 1996]“approved name”, in relation to a medicine, means the internationally recognized non-proprietary name of that medicine or any other name approved by the Authority;“Authority” means the Medicines Control Authority of Zimbabwe established by section three;[definition inserted by section 3 of Act 1 of 1996]“clinical trial” means a systematic study in human beings or animals in order to establish the efficacy of, or to discover or verify the effects or adverse reactions of medicines, and includes a study of the absorption, distribution, metabolism and excretion of medicines;“Council” [definition repealed by section 3 of Act 1 of 1996]“dental practitioner” means a person registered as such under the Health Professions Act [Chapter 27:19];[definition amended by section 151 of Act 6 of 2000]“Director-General” means the Director-General of the Authority appointed in terms of section twenty-six;[definition inserted by section 3 of Act 1 of 1996]“Director of the Laboratory” means the Director of the Laboratory appointed in terms of section twenty-five C;[definition inserted by section 3 of Act 1 of 1996]“drug” [definition repealed by section 3 of Act 1 of 1996]“fixed date” [definition inserted by section 3 of Act 1 of 1996 - all references to fixed date revised to refer to 1st August, 1997]“former Council” means the Drugs Control Council which was in existence in terms of this Act immediately before the 1st August, 1997;[definition inserted by section 3 of Act 1 of 1996]“inspector” means a person appointed in terms of paragraph (a) of subsection (1) of section sixty-five to be an inspector;“Laboratory” means the Zimbabwe Regional Medicines Control Laboratory referred to in section twenty-five A;[definition inserted by section 3 of Act 1 of 1996]“manufacture” includes compound, process or pack for sale but does not include the compounding of a medicine by a medical practitioner, dental practitioner, veterinary surgeon or pharmacist if that medicine—(a)has not been advertised for sale in Zimbabwe; and(b)does not contain any component the sale of which is prohibited by this Act; and(c)is supplied for the treatment of a particular person or animal;“medical practitioner” means a person registered as such under the Health Professions Act [Chapter 27:19];[definition amended by section 151 of Act 6 of 2000]“medicine”, subject to section seventy-five, means any substance or mixture of substances which is used, or is manufactured, sold or represented as suitable for use, in—(a)the diagnosis, treatment, mitigation or prevention of disease or any abnormal physical or mental state or the symptoms thereof in man or in animals; or(b)restoring, correcting or modifying any physical, mental or organic function in man or in animals;[definition inserted by section 3 of Act 1 of 1996]“member” means a member of the Authority;“Minister” means the Minister of Health and Child Welfare or any other Minister to whom the President may, from time to time, assign the administration of this Act;“package” means anything in or by which any medicine is enclosed, covered, contained or packed;“pharmaceutical chemist” [definition repealed by section 3 of Act 1 of 1996]“pharmacist “ means a person registered as such under the Medical, Dental and Allied Professions Act [Chapter 27:08];[definition inserted by section 3 of Act 1 of 1996]“possess” includes keep, store or have in custody or under control or supervision;“Register” means the Medicines Register kept in terms of section twenty-seven;“registered” means registered in terms of this Act;“registered name”, in relation to a registered medicine, means the approved name or generic name under which that medicine is registered;“Registrar” [definition repealed by section 3 of Act 1 of 1996]“Secretary” means the Secretary of the Ministry for which the Minister is responsible;“sell” means sell by wholesale or retail and includes—(a)import;(b)export;(c)advertise, label, prepare, expose, offer or possess for sale;(d)smuggle, administer, hawk, supply, barter or dispose of to any person;(e)distribute, deliver or transmit by way of gift or sample or in any other way whatsoever;“specified drug” [definition repealed by section 3 of Act 1 of 1996]“specified medicine” means a medicine which is declared in terms of section twenty-eight to be a specified medicine for the purposes of this Act if the declaration is in operation in terms of subsection (2) of that section in relation to that medicine;[definition inserted by section 3 of Act 1 of 1996]“veterinary medicine” means any substance or mixture of substances which is used, or is manufactured, sold or represented as suitable for use, in—(a)the diagnosis, treatment, mitigation or prevention of disease or abnormal physical or mental state or the symptoms thereof in an animal; or(b)restoring, correcting or modifying any physical, mental or organic function in an animal.“veterinary surgeon” means a person registered as such under the Veterinary Surgeons Act [Chapter 27:15].

(2)Where a medicine is required by this Act to be labelled with any information, such information shall be written, printed or otherwise marked on a label which is—

(a)attached or affixed to the package of that medicine; or

(b)packed with and refers to that medicine.

Part II – Medicines Control Authority

3. Establishment of Medicines Control Authority of Zimbabwe

There is hereby established an authority, to be known as the Medicines Control Authority of Zimbabwe, which shall be a body corporate capable, in its corporate name, of suing and being sued and, subject to this Act, of performing all acts that bodies corporate may by law perform.[section as substituted by section 4 of Act 1 of 1996]

3A. Succession to former Council

The Authority shall for all purposes be the successor to the former Council.[section inserted by section 4 of Act 1 of 1996]

4. Constitution of Authority

(1)The Authority shall consist of not less than eight and not more than twelve members as may from time to time be determined and appointed, subject to subsection (2), by the Minister.

(2)Of the members appointed in terms of subsection (1)—

(a)one shall be a medical practitioner engaged in general medical practice, chosen from a list of not less than three names submitted by the Zimbabwe Medical Association; and

(b)one shall be a veterinary surgeon, chosen from a list of not less than three names submitted by the Council of Veterinary Surgeons of Zimbabwe; and

(c)one shall be a pharmacist who is not an officer of the Ministry for which the Minister is responsible, chosen from a list of not less than three names submitted by the Pharmaceutical Society of Zimbabwe; and

(d)one shall be a medical officer of health for a local authority, chosen from a list of not less than three names submitted by the Urban Councils Association: and

(e)one shall be a registered legal practitioner of not less than five years’ standing, chosen from a list of not less than three names submitted by the Law Society of Zimbabwe; and

(f)one shall be a medical practitioner who is a specialist physician; and

(g)one shall have a special knowledge of the action and application of medicines; and

(h)one shall be an officer of the Ministry for which the Minister is responsible who is either a pharmacist or a medical officer.

[subsection as substituted by section 5 of Act 1 of 1996]

(3)The Minister shall designate one member as chairman of the Authority and another member as vice-chairman of the Authority and the vice-chairman shall exercise the functions and powers and perform the duties of the chairman during any period that the chairman is unable to exercise his functions:Provided that the Minister shall not designate a member who is in the full-time employment of the State as chairman or vice-chairman, as the case may be, of the Authority.

(4)If any organization referred to in subsection (2) fails or refuses to submit a list of nominees for appointment to the Authority when required to do so by the Minister, the Minister may appoint any person to represent that organization, and the person so appointed shall hold office as a member in all respects as if he had been duly nominated and appointed in terms of subsection (2).[subsection inserted by section 5 of Act 1 of 1996]

(5)If any organization referred to in subsection (2) ceases to exist, the Minister shall obtain a list of names for the purposes of that subsection from such other organization as the Minister recognizes as the successor to the first-mentioned organization.[subsection inserted by section 5 of Act 1 of 1996]

5. Conditions of office of members

(1)Subject to this Part, a member shall hold office for such period, not exceeding five years, as the Minister may fix on his appointment.[subsection as substituted by section 6 of Act 1 of 1996]

(1a)On the expiry of the period for which a member was appointed, he shall continue to hold office until he has been reappointed or his successor has been appointed:Provided that a member shall not continue to hold office in terms of this subsection for longer than six months fix.[subsection inserted by section 6 of Act 1 of 1996]

(2)Subject to section twelve, a member shall hold office on such conditions as the Minister may in his case fix.

(3)A retiring member shall be eligible for reappointment as a member.

6. Disqualification for appointment as member

(1)The Minister shall not appoint a person as a member and no person shall be qualified to hold office as a member who—

(a)is not a citizen of Zimbabwe permanently resident in Zimbabwe; or

(a1)has, or is married to a person who has, a financial interest in any business, or is, or is married to a person who is, engaged in any activity connected with any business, if, in the opinion of the Minister, such financial interest or activity is likely to interfere with the impartial discharge by that person of his duties as a member; or[paragraph inserted by section 7 of Act 1 of 1996]

(b)has, in terms of a law in force in any country—

(i)been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or

(ii)made an assignment to or arrangement or composition with his creditors which has not been rescinded or set aside; or

(c)has, within the period of five years immediately preceding the date of his proposed appointment, been convicted—

(i)within Zimbabwe of a criminal offence; or

(ii)outside Zimbabwe of an offence, by whatever name called, which, if committed within Zimbabwe, would have been a criminal offence;

and sentenced to a term of imprisonment imposed without the option of a fine, whether or not any portion has been suspended, and has not received a free pardon; or[paragraph as amended by section 7 of Act 1 of 1996]

(d)has been registered in a register kept in terms of the Health Professions Act [Chapter 27:19] or the Veterinary Surgeons Act [Chapter 27:15] and is disqualified or suspended in terms of that Act from carrying on the profession or calling in respect of which he was so registered, while he is so disqualified or suspended; or[paragraph amended by section 151 of Act 6 of 2000]

(e)has, subject to subsection (2), a direct or indirect interest in the sale of any medicine.

(2)For the purposes of paragraph (e) of subsection (1), a medical practitioner, dental practitioner, veterinary surgeon or pharmacist shall not be deemed to have an interest in the sale of any medicine by reason only of the fact that—

(a)in the case of a medical practitioner, dental practitioner or veterinary surgeon, he sells the medicine in the course of his professional activities;

(b)in the case of a pharmacist, he sells the medicine in the course of any business carried on by him in terms of the Shop Licences Act [Chapter 14:17].

7. Vacation of office of member

A member shall vacate his office and his office shall become vacant—

(a)one month after the date he gives notice in writing to the Minister of his intention to resign his office or after the expiration of such shorter period as he and the Minister may agree; or

(b)thirty days after the date he is sentenced by a court to imprisonment referred to in paragraph (c) of subsection (1) of section six after conviction of an offence referred to in that paragraph:Provided that if, during the said period of thirty days, an application for a free pardon is made or an appeal is filed the question whether the member is to vacate his office shall not be determined until the final disposal of such application or appeal, whereupon the member shall forthwith vacate his office and his office shall become vacant unless he is granted a free pardon, his conviction is set aside or a punishment other than imprisonment is substituted; or[proviso as amended by section 8 of Act 1 of 1996]

(c)if he becomes disqualified in terms of paragraph (a), (b), (d) or (e) of subsection (1) of section six to hold office as a member; or

(d)if he is required in terms of section eight to vacate his office; or

(e)[paragraph repealed by section 8 of Act 1 of 1996]

(f)if he ceases to hold a qualification which was necessary in terms of subsection (2) of section four for his appointment.

8. Minister may require member to vacate office or suspend him

(1)The Minister may require a member to vacate his office if the Minister is satisfied that the member—

(a)has been guilty of improper conduct as a member; or

(b)has failed to comply with the conditions of his office fixed by the Minister in terms of subsection (2) of section five; or

(c)is mentally or physically incapable of efficiently performing his duties as a member.

(2)The Minister may suspend from office a member against whom criminal proceedings are instituted for an offence in respect of which a sentence of imprisonment without the option of a fine may be imposed, and whilst that member is so suspended he shall not carry out any duties as a member.

(3)The Minister, on the recommendation of the Authority, may require a member to vacate his office if the Minister is satisfied that the member has been absent, without the permission of the Authority, from two consecutive meetings of the Authority of which he was given at least seven days’ notice, and that there was no just cause for the member’s absence.[subsection inserted by section 9 of Act 1 of 1996]

9. Filling of vacancies on Authority

On the death of, or vacation of office by, a member, the Minister may, subject to this Part, appoint a person to fill the vacancy:Provided that, if as a result of the vacancy the number of members is fewer than the minimum specified in subsection (1) of section four, the Minister shall appoint a person to fill the vacancy.[section as substituted by section 10 of Act 1 of 1996]

10. Meetings and procedure of Authority

(1)The Authority shall hold its first meeting on such date and at such place as the Minister may fix and thereafter the Authority shall meet for the dispatch of business and adjourn, close and otherwise regulate its meetings and procedures as it thinks fit:Provided that a meeting of the Authority shall be held not less than once in every three months.

(2)The chairman of the Authority—

(a)may himself, at any time, convene a meeting of the Authority;

(b)shall, at the request in writing of not less than four members, convene a special meeting of the Authority which meeting shall be convened for a date not less than seven days or more than thirty days after receipt of such request.

(3)The chairman or, in his absence, the vice-chairman shall preside at all meetings of the Authority:Provided that, if the chairman and the vice-chairman are both absent from a meeting of the Authority, the members present may elect one of their number to preside at that meeting as chairman.[subsection as substituted by section 11 of Act 1 of 1996]

(3a)The vice-chairman of the Authority shall perform the chairman’s functions during any period that the chairman is for any reason unable to perform them.[subsection inserted by section 11 of Act 1 of 1996]

(4)A majority of members shall form a quorum at a meeting of the Authority.

(5)All acts, matters or things authorized or required to be done by the Authority shall be decided by a majority vote at a meeting of the Authority at which a quorum is present.

(6)At all meetings of the Authority each member present shall have one vote on a question before the Authority and, in the event of an equality of votes, the chairman shall have, in addition to a deliberative vote, a casting vote.

11. Committees of Authority

(1)For the better exercise of its functions and powers the Authority—

(a)shall establish an executive committee, the function of which shall be to exercise any powers of the Authority between meetings:Provided that—

(i)the executive committee shall not, save in so far as the Authority otherwise directs, have power to set aside or vary any decision of the Authority;

(ii)any action taken by the executive committee shall be reviewed by the Authority at its meeting next after such action is taken;

(a1)shall establish a committee to be known as the Laboratory committee, in which may be vested and on which may be imposed such of the functions and powers of the Authority in relation to the Laboratory as the Authority may direct:Provided that—

(i)the vesting or imposition of any such function or power in the Laboratory committee shall not thereby divest the Authority of that function or power;

(ii)the Authority may amend or withdraw any decision of the Laboratory committee in the exercise of its functions and powers;

[paragraph inserted by section 12 of Act 1 of 1996]

(b)may establish any other committees in which may be vested and on which may be imposed such of the functions and powers of the Authority as the Authority may direct:Provided that—

(i)the vesting or imposition of any such functions and powers in a committee shall not thereby divest the Authority of such functions and powers;

(ii)the Authority may amend or withdraw any decision of any such committee in the exercise of its functions and powers.

[paragraph as amended by section 12 of Act 1 of 1996]

(2)The chairman of the Authority or of a committee may, at any time and at any place, convene a meeting of that committee.

(3)The procedure of a committee shall be fixed by the Authority.

(4)On the establishment of—

(a)the executive committee, the Authority shall appoint to that committee such members of the Authority as it thinks fit;

(a1)the Laboratory committee, the Authority shall appoint to that committee—

(i)at least one member of the Authority, who shall be the chairman of that committee; and

(ii)a representative from the Ministry for which the Minister is responsible, who shall have special knowledge of the action and application of medicines; and

(iii)a representative from the Zimbabwe National Family Planning Council established by section 3 of the Zimbabwe National Family Planning Council Act [Chapter 15:11]; and

(iv)a chemical analyst; and

(v)not more than three other persons who are not members of the Authority;

[paragraph inserted by section 12 of Act 1 of 1996]

(b)a committee other than the executive committee or the Laboratory committee, the Authority—

(i)shall appoint thereto at least one member of the Authority who shall be the chairman of that committee;

(ii)may appoint thereto persons who are not members of the Authority.

[paragraph as amended by section 12 of Act 1 of 1996]

12. Remuneration and expenses of members of Authority or committee

A member of the Authority or of a committee of the Authority shall be paid from the funds of the Authority such allowances as the Minister, after consultation with the Authority, may fix.[section as amended by section 13 of Act 1 of 1996]

12A. Disclosure of interest by members of Authority and committees

(1)If a member of the Authority or of a committee of the Authority or a spouse of such member—

(a)tenders for or acquires or holds a direct or indirect pecuniary interest in a contract with the Authority or in any application for the registration of a medicine under consideration by the Authority; or

(b)knowingly acquires or holds a direct or indirect pecuniary interest in a company or association of persons applying for the registration of a medicine by the Authority; or

(c)owns immovable property or holds a right in immovable property or a direct or indirect pecuniary interest in a company or association of persons which results in his private interest coming or appearing to come into conflict with his duties as a member;

the member shall forthwith disclose the fact to the Authority or to the committee, as the case may be.

(2)A member referred to in subsection (1) shall take no part in the consideration or discussion of, or vote on, any question before the Authority or the committee, as the case may be, which relates to any contract, right, immovable property, interest or registration of a medicine referred to in that subsection.[section inserted by section 14 of Act 1 of 1996]

13. Funds, accounts and audit

(1)The funds of the Authority shall consist of—

(a)such fees as are payable in terms of regulations made under section seventy-four; and

(b)such moneys as may be payable to the Authority from moneys appropriated for the purpose by Act of Parliament; and

(c)such other moneys and assets as may vest in or accrue to the Authority, whether in the course of its functions or otherwise:Provided that the Authority shall not accept any donation or bequest without the approval of the Minister after consultation with the Minister responsible for finance.

(2)The Authority shall keep proper accounts and other records relating thereto in respect of its funds.[subsection as amended by section 15 of Act 1 of 1996]

(3)[subsection repealed by section 15 of Act 1 of 1996]

(4)The accounts of the Authority shall be examined and audited by the Auditor-General or a person who is registered as a public auditor in terms of the Public Accountants and Auditors Act [Chapter 27:12].[subsection as amended by section 15 of Act 1 of 1996 and by Act 3 of 2016]

13A. Annual report of Authority

(1)The Authority shall, as soon as possible and in any case not later than six months after the end of the financial year concerned, submit to the Minister a report in regard to the affairs of the Authority during each financial year.

(2)A report submitted in terms of subsection (1) shall include a copy of the Authority’s balance sheet and income and expenditure account.

(3)The Minister shall lay a report submitted to him by the Authority in terms of subsection (1) before Parliament.[section inserted by section 16 of Act 1 of 1996]

14. Powers of Authority

For the better exercise of its functions the Authority shall, subject to this Act, have power to do or cause to be done all or any of the things specified in the First Schedule.[section as substituted by section 17 of Act 1 of 1996]

14A. Pensions benefits for certain employees of Authority

With the approval of the Public Service Commission and the Minister responsible for finance, the Authority may require any of its employees who have been transferred from the Public Service to the service of the Authority to continue paying contributions to the Consolidated Revenue Fund for pensions purposes, and thereupon—

(a)the Second Schedule shall apply in respect of the employee; and

(b)subject to the Second Schedule, the employee shall pay contributions to the Consolidated Revenue Fund as if he were a member of the Public Service.

[section inserted by section 17 of Act 1 of 1996]

15. Validity of decisions and acts of Authority

No decision or act of the Authority or act done under the authority of the Authority shall be invalid by reason only of the fact that—

(a)the Authority consisted of less than the minimum number of persons for which provision is made in subsection (1) of section four; or

(b)the various members did not satisfy the requirements of subsection (2) of section four; or

(c)a disqualified person acted as a member at the time a decision was taken or the act was done or authorized;

if the decision was taken or the act was done or authorized by a majority vote of the persons who at the time were entitled to act as members.

Part III – Clinical trials

16. Conduct of Clinical trials

(1)No person shall conduct a clinical trial of any medicine without the prior written authorization of the Authority, granted with the approval of the Secretary.

(2)Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.[subsection inserted by section 4 of Act 22 of 2001]

17. Application for conduct of clinical trials

(1)Any person wishing to conduct a clinical trial of a medicine shall submit to the Director-General an application in the prescribed form, signed by him and accompanied by such fee as may be prescribed.

(2)In the case of a medicine for the treatment of persons, the application referred to in subsection (1) shall set out the names of all persons who will take part in the clinical trial, together with such other relevant particulars relating to the physical identification of such persons as may be prescribed.

(3)In the case of a medicine for the treatment of animals, the application referred to in subsection (1) shall specify the kinds of animals that will take part in the clinical trial, and the names and addresses of the owners thereof.

(4)Where a clinical trial is to be conducted in a hospital or other medical institution, the application referred to in subsection (1) shall be countersigned by the medical superintendent or a senior medical officer of comparable rank of such hospital or medical institution.

18. Director-General to submit applications to Authority

(1)Upon receipt of an application in terms of subsection (1) of section seventeen, the Director-General shall submit it to the Authority for consideration, together with his comments thereon, as soon as possible.

(2)If, after due consideration, the Authority is satisfied that the application should be granted, it shall consult with, and obtain from, the Secretary written approval for the clinical trial, and thereafter issue written authorization in the prescribed form to the applicant to conduct the trial.

(3)Any person who is aggrieved by a decision of the Secretary not to grant written approval for the conduct of a clinical trial may appeal to the Minister, whose decision shall be final.

19. Conditions for conduct of clinical trials

(1)Any clinical trial of any medicine authorized in terms of section eighteen shall be subject to such specific and general conditions as the Authority may, with the approval of the Secretary, impose and, for the safety of all persons or animals taking part in such trial, the person conducting the trial shall observe strictly all the conditions subject to which the trial is authorized.

20. Consents for clinical trials

(1)Where the Authority grants written authorization under section eighteen for the conduct of a clinical trial of a medicine, no such trial shall take place until—

(a)in the case of a medicine for the treatment of adult persons, the voluntary written consents of all such persons taking part in the clinical trial have been freely obtained; and

(b)in the case of a medicine for the treatment of minors or persons under legal disability, the voluntary written consents of their parents or legal guardians, as the case may be, have been freely obtained; and

(c)in the case of a medicine for the treatment of animals, the voluntary written consents of the owners of all animals taking part in the clinical trial have been freely obtained;

by the person conducting the trial.

(2)Any person who commences a trial before the consents required by subsection (1) have been obtained shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.[subsection inserted by section 4 of Act 22 of 2001]

21. Supply of information prior to clinical trials etc.

(1)Whenever a clinical trial of any medicine is authorized in terms of section eighteen, the person conducting the trial shall, before commencing the trial—

(a)inform all persons taking part in the trial or persons whose animals will take part in the trial about—

(i)the aims and objectives of the clinical trial and the way in which it will be conducted; and

(ii)the possible risks, discomforts and other adverse effects that may result therefrom; and

(b)insure in such amount as may be prescribed from time to time all persons or animals taking part in the trial against any injury or risk of injury that may be sustained during the trial; and

(c)sign an indemnity in such form as may be prescribed, indemnifying the State, the Secretary and the Authority from liability in respect of any injury or adverse effect whatsoever which may be sustained by any person or animal, directly or indirectly, as a result of the conduct of the trial and which occurs or reveals itself at the time of the trial or subsequently.

(2)Any person who commences a trial without complying with the requirements of subsection (1) shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.[subsection inserted by section 4 of Act 22 of 2001]

22. Council’s power to stop or suspend clinical trials

If at any stage during the clinical trial of any medicine authorized in terms of section eighteen, the Authority is satisfied that having due regard to the initial risks, discomforts or other adverse effects caused to persons or animals taking part in the trial it is in the public interest to stop or suspend the trial, it shall seek and obtain forthwith the Secretary’s written approval to stop or suspend the trial immediately, and, if such approval is obtained, the Authority shall notify in writing the person conducting the trial accordingly.

23. Monitoring of clinical trials by Authority

To ensure adequate protection of the general public against any risks or adverse effects from the clinical trial of any medicine authorized in terms of section eighteen, the Authority shall monitor such clinical trial from the beginning to the end so as to satisfy itself that all specific and general conditions subject to which the trial was authorized are being strictly observed by the person conducting the trial, and that to all intents and purposes the trial will achieve its aims and objectives.

24. Reports on clinical trials

(1)Not later than thirty days after the completion of a clinical trial authorized in terms of section eighteen, the person who conducted the trial shall compile and submit to the Secretary through the Authority a preliminary report on the ethical evaluation of the trial.

(2)In addition to the report referred to in subsection (1), the person who conducted the trial shall, not later than ninety days after the completion of the trial, compile and submit to the Secretary through the Authority a comprehensive report on any serious or adverse effects or reaction established by the trial.

(3)Pursuant to the duty imposed upon it in terms of section twenty-three, the Authority shall, not later than ninety days after the satisfactory completion of a clinical trial, compile and submit to the Secretary an independent comprehensive report giving its factual assessments and findings on the trial as a whole, together with any recommendations that it may wish to make.

(4)Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.[subsection inserted by section 4 of Act 22 of 2001]

25. ***

[section repealed by section 4 of Act 22 of 2001]

Part IIIA – Zimbabwe Regional Medicines Control Laboratory

25A. Transfer of Laboratory to Authority

With effect from the 1st August, 1997—

(a)the Zimbabwe Regional Drug Control Laboratory which was operated by the State shall be transferred to and vest in the Authority;

(b)the Laboratory referred to in paragraph (a) shall be known as the Zimbabwe Regional Medicines Control Laboratory.

25B. Functions of Laboratory

The Laboratory shall be responsible for—

(a)verifying the quality, safety and efficacy of any medicines and allied substances referred to it by any person in Zimbabwe or elsewhere; and

(b)verifying the standards of specifications of any medicines and allied substances referred to it by any person in Zimbabwe or elsewhere; and

(c)training persons in the analysis of medicines and allied substances; and

(d)performing any other function relating to the analysis of medicines and other substances which the Minister, with the approval of the Authority, may direct or authorize the Laboratory to perform.

25C. Director of Laboratory

(1)Subject to this Act, the Authority, in consultation with the Minister, shall appoint a person who has a special knowledge of the pharmaceutical analysis of medicines to be the Director of the Laboratory.

(2)Subject to the control of the Authority, the Director of the Laboratory shall be—

(a)responsible for managing the operations of the Laboratory;

(b)responsible for training analysts in the analysis of medicines and allied substances;

(c)secretary to the Laboratory committee, in which connection he shall, on the instructions of the chairman of that committee, convene meetings of the committee and maintain the records of such meetings.

[Part IIIA inserted by section 18 of Act 1 of 1996]

Part IV – Registration of medicines

26. Director-General of Authority

(1)Subject to this section, for the better exercise of its functions the Authority, in consultation with the Minister, shall appoint a person who has special knowledge of the action and application of medicines to be the Director-General of the Authority.[subsection as substituted by section19 of Act 1 of 1996]

(1a)The Director-General’s appointment shall be on such terms and conditions as the Authority, with the approval of the Minister, may fix.[subsection inserted by section19 of Act 1 of 1996]

(2)Subject to paragraph (d) of subsection (2) of section twenty-five B, the functions of the Director-General shall be—

(a)to be the secretary to the Authority, in which connection he shall, on the instructions of the chairman of the Authority, convene meetings of the Authority and any committee thereof and maintain the records of any such meeting; and

(a1)subject to the control of the Authority—

(i)to manage the operations and property of the Authority;

(ii)to supervise and control the activities of the employees of the Authority in the course of their employment;

[paragraph inserted by section 19 of Act 1 of 1996]and

(b)to carry out any other duties imposed on him by or in terms of this Act.

(3)Whenever the Director-General is absent or unable to carry out any of his functions under this Act or any other enactment, a deputy Director-General shall exercise such of the Director-General’s functions as the chairman of the Authority may designate.[subsection inserted by section 19 of Act 1 of 1996]

27. Medicines Register

(1)Subject to subsection (2), the Director-General shall keep a register, to be known as the Medicines Register, in a form approved by the Minister, in which he shall enter—

(a)the particulars of any medicine which the Authority has directed him to register, including the conditions, if any, subject to which that medicine has been registered;

(b)the cancellation of the registration or variation of the conditions of registration of any medicine in terms of this Act.

(2)The Register shall be in two parts as follows—

(a)Part I relating to medicines which are not veterinary medicines;

(b)Part II relating to veterinary medicines.

(3)The Register which, immediately before the 1st October, 1978, was being kept in terms of this section shall, on and after that date, continue to be kept in terms of this section as Part 1 of the Register.

28. Declaration of specified medicines

(1)Subject to subsection (2), the Minister, after consultation with the Authority, may at any time, by statutory instrument, declare any medicine or class of medicines to be a specified medicine for the purposes of this Act.

(2)A notice in terms of subsection (1) shall specify whether any medicine declared to be a specified medicine in terms of subsection (1) is a medicine which is not a veterinary medicine or is a veterinary medicine.

(3)A declaration in terms of subsection (1) in relation to a medicine which, immediately before the date of publication of the statutory instrument—

(a)was available for sale in Zimbabwe, shall come into operation on such date as may be fixed in that statutory instrument;

(b)was not available for sale in Zimbabwe, shall come into operation on the date of publication of that statutory instrument.

(4)Any notice made in terms of subsection (1) and in force immediately before the 1st October, 1978, shall, on and after that date, be deemed to have declared medicines which are not veterinary medicines to be specified medicines for the purposes of this Act.

29. Sale of specified medicines

(1)Subject to this section, no person shall sell any specified medicine—

(a)unless it is registered; and

(b)if it is registered subject to any conditions, otherwise than in accordance with such conditions.

(1a)Subject to subsections (2) and (3), Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.[subsection inserted by section 4 of Act 22 of 2001]

(2)Where a specified medicine which was available for sale in Zimbabwe before it became a specified medicine has not been registered but notification has been published in the Gazette in terms of paragraph (c) of subsection (2) of section thirty-one that application for the registration of that medicine has been made, a person may thereafter sell that specified medicine until notification is published in the Gazette—

(a)in terms of subsection (4) of section thirty-one, that the application for the registration of that medicine has been withdrawn; or

(b)in terms of section thirty-two, that the application for the registration of that medicine has lapsed; or

(c)in terms of subsection (6) of section thirty-three, that the Authority has approved or refused to approve, as the case may be, the registration of that medicine.

(3)Subsection (1) shall not apply in relation to the sale of a medicine compounded by a medical practitioner, pharmacist, dental practitioner or veterinary surgeon if that medicine—

(a)has not been advertised for sale in Zimbabwe; and

(b)does not contain any component the sale of which is prohibited by this Act; and

(c)is supplied for the treatment of a particular person or animal.

30. Registrability of medicines

(1)The Authority shall approve the registration of a medicine if it considers that—

(a)the availability of that medicine is in the public interest; and

(b)the safety, quality and therapeutic efficacy of that medicine—

(i)in the case of a medicine which is not a veterinary medicine, in relation to its effect on the health of man;

(ii)in the case of a veterinary medicine, in relation to its effect on the health of animals;

warrant its registration; and

(c)in the case of a medicine manufactured in Zimbabwe, the premises at which it is manufactured and all processes of manufacture are satisfactory.

(2)Notwithstanding subsection (1), the Authority shall not approve the registration of any medicine manufactured outside Zimbabwe, unless a valid certificate of registration in respect of such medicine issued by the appropriate authority established for the registration of medicines in the country of origin of that medicine has been produced to the satisfaction of the Authority.

31. Applications for registration of medicines

(1)An application for the registration of a medicine shall be submitted to the Director-General in the prescribed form and accompanied by the prescribed fee payable in respect of an application for the registration of a medicine.

(2)As soon as possible after receiving an application in terms of subsection (1) the Director-General shall—

(a)submit the application, together with the particulars and samples which accompanied the application, to the Authority; and

(b)notify the applicant that the application has been so submitted; and

(c)[paragraph repealed by section 20 of Act 1 of 1996]

(3)An application in terms of subsection (1) may at any time be withdrawn by the applicant but such withdrawal shall not entitle the applicant to the refund of the application fee referred to in subsection (1).

(4)[subsection repealed by section 20 of Act 1 of 1996]

32. Lapsing of application for registration of medicine

If the annual fee payable for the retention of the right to sell an unregistered specified medicine referred to in subsection (2) of section twenty-nine is not paid within such period as may be prescribed, the application for the registration of that medicine shall lapse forthwith, and the Director-General shall cause notification thereof to be published in the Gazette.

33. Registration of medicines

(1)After receiving an application in terms of section thirty-one the Authority—

(a)shall conduct such investigation or inquiry as it considers necessary or desirable, including hearing evidence from the applicant;

(b)may require further particulars or samples from the applicant.

(2)If the Authority—

(a)approves the registration of any medicine, it shall notify the Director-General thereof and the Director- General shall thereupon—

(i)enter in the Register the prescribed particulars of the medicine and any condition fixed in terms of subsection (3); and

(ii)allocate a registered number to the medicine; and

(iii)issue to the applicant a certificate of registration in the prescribed form showing the registered number of that medicine and any conditions subject to which it is registered;

(b)refuses to approve the registration of a medicine, it shall, subject to subsection (4), notify the Director- General thereof, together with its reasons, and the Director-General shall thereupon inform the applicant in writing—

(i)of such refusal and the reasons therefor, and

(ii)that he may, if he so wishes, appeal to the Administrative Court in terms of Part VII.

(3)If, in the opinion of the Authority, a medicine should be registered only if it is distributed or advertised in a particular manner or distributed subject to certain safeguards, it shall, in approving the registration of that medicine, fix any such conditions as it considers to be necessary or desirable.

(3a)Any person who distributes or advertises a medicine in contravention of any condition fixed in terms of subsection (3) shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.[subsection inserted by section 4 of Act 22 of 2001]

(4)Where the Authority intends—

(a)to refuse to approve the registration of a medicine; or

(b)to register a medicine subject to conditions fixed in terms of subsection (3);

the Authority shall notify the Director-General thereof, together with its reasons, and the Director-General shall thereupon inform the applicant in writing of such intention and the reasons therefor and that he may, if he so wishes, make, within such period being not less than fourteen days as the Authority may specify, representations in relation to the intentions of the Authority.

(5)A medicine shall be registered under its approved name.

(6)Where the Authority approves or refuses to approve the registration of a medicine, the Director-General shall cause to be published in the Gazette notification of such approval or refusal to approve registration, as the case may be, and, if the medicine has been registered subject to any conditions, the conditions subject to which the medicine has been registered:Provided that in the case of a medicine which the Authority has refused to register, the Director-General shall not publish notification of such refusal until the period specified in section sixty-two for the lodging of an appeal has expired or, if the person has appealed in terms of Part VII against the decision of the Authority, until such time as the appeal has been abandoned or determined in terms of that Part.

34. Cancellation and variation of conditions of registration

(1)If the Authority is of the opinion that—

(a)any person has failed to comply with the conditions subject to which a medicine has been registered; or

(b)the annual fee payable for the retention of the registration of a registered medicine referred to in paragraph (g) of subsection (2) of section seventy-four has not been paid; or

(c)a registered medicine does not comply with any prescribed requirements; or

(d)a registered medicine has been advertised in Zimbabwe in an advertisement which is false or misleading or does not comply with section forty; or

(e)it is not in the public interest that a registered medicine should be made or continue to be made available to the public; or

(f)it is in the public interest to vary the conditions of registration of a registered medicine;

the Authority shall direct the Director-General to give notice thereof in writing to the person by whom or on whose behalf the application for the registration of that medicine was made:Provided that, where the annual fee payable for the retention of the registration of a registered medicine in terms of paragraph (b) has not been paid, the Authority need not direct the Director-General to give notice to the person concerned under this subsection but may direct the Director-General forthwith to cancel the registration concerned

(2)A notice given in terms of subsection (1) shall—

(a)specify the grounds on which the opinion of the Authority is based; and

(b)indicate that the person to whom it is directed may, within one month after the receipt thereof, submit to the Director-General any comments he may wish to put forward in connection with the matter.

(3)If—

(a)no comments are submitted in terms of paragraph (b) of subsection (2); or

(b)after consideration of any comments submitted in terms of paragraph (b) of subsection (2) the Authority is of the opinion for any reason specified in subsection (1) that the registration of the medicine should be cancelled or the conditions of registration be varied;

the Authority shall direct the Director-General to cancel or to vary the conditions of registration of that medicine.

(4)On the cancellation or variation of the conditions of registration of a medicine in terms of the proviso to subsection (1) or subsection (3) the Director-General shall cause to be published in the Gazette notification of that cancellation or variation of conditions:Provided that the Director-General shall not publish notification of such cancellation or variation of conditions until the period specified in section sixty-two for the lodging of an appeal has expired or, if the person has appealed in terms of Part VII against the decision of the Authority, until such time as the appeal has been abandoned or determined in terms of that Part.

35. Notifications in professional journals

(1)The Director-General may cause to be published in such professional journals of the medical, dental, veterinary and pharmaceutical professions published in Zimbabwe as the Authority may approve details of—

(a)any application for the registration of a medicine;

(b)the withdrawal or lapsing of any application for the registration of a medicine;

(c)the approval of or the refusal to approve, as the case may be, the registration of any medicine, including, in the case of a registered medicine, any condition subject to which the medicine has been registered;

(d)the cancellation of the registration of any medicine.

[subsection as amended by section 21 of Act 1 of 1996]

(2)The cost of any publication in terms of subsection (1) shall be paid from the funds of the Authority.

36. Medicines to be labelled

(1)Subject to this section, no person shall sell any registered medicine unless it is labelled with its registered name and registered number, in addition to any other prescribed requirements.

(1a)Subject to subsections (2), (3) and (4), any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.[subsection inserted by section 4 of Act 22 of 2001]

(2)A registered medicine which is sold by—

(a)a medical practitioner, dental practitioner or veterinary surgeon for the treatment of a particular person or animal and supplied by that medical practitioner, dental practitioner or veterinary surgeon for that person or animal; or

(b)a pharmacist for the treatment of a particular person or animal and supplied by that pharmacist in accordance with a direction given by a medical practitioner, dental practitioner or veterinary surgeon;

may be sold without being labelled with the registered number of the medicine or with the other prescribed requirements but shall be labelled with the registered name of the medicine unless the medical practitioner, dental practitioner or veterinary surgeon, as the case may be, has specifically directed that it shall not be labelled with the registered name.

(3)The Minister may, after consultation with the Authority, by regulation, provide for exemptions to subsection (1).

(4)A registered medicine which has been prepared for sale before the date on which it is registered may, notwithstanding that it is not labelled in accordance with the requirements of subsection (1), be sold during such period as may be specified by the Authority by notice in the Gazette in relation to that medicine.[this subsection was formerly section 76; it has been moved to this position by the Law Reviser]

37. ***

[section repealed by section 22 of Act 1 of 1996]

38. Prohibitions, controls and restrictions in respect of medicines, veterinary medicines and certain substances, devices and articles

(1)The Minister may, after consultation with the Authority, by regulation, prohibit, control or restrict—

(a)the manufacture, compounding, dispensing, possession, sale or use of any medicine; or

(b)the manufacture, possession, sale or use of—

(i)any substance which is used, or is manufactured, sold or represented as suitable for use, for cosmetic purposes or for the dressing of wounds or the stanching or absorbing of bleeding or other discharges from the body; or

(ii)any substance, device or article which is used, or is manufactured, sold or represented as suitable for use, for any purpose which brings it into contact with the body or any part thereof if, in the opinion of the Authority, such regulations are desirable in order to prevent infection or allergy or any other harmful effect resulting from that use; or

(iii)any device or article which is used, or is manufactured, sold or represented as suitable for use, in the diagnosis or treatment of any physical or mental state in man if, in the opinion of the Authority, such regulations are desirable in the public interest.

(2)In regulations referred to in subsection (1), the Minister may prescribe the precautions to be taken by a person in possession of a medicine to ensure its safe custody and the action to be taken by such person in the event of the destruction, loss or theft thereof.

(3)Any person who contravenes any provision of regulations referred to in subsection (1) shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.[subsection inserted by section 4 of Act 22 of 2001]

39. Prohibition on sale of medicines which do not comply with prescribed requirements and furnishing of information regarding medicines to Authority

(1)The Minister, after consultation with the Authority, may prescribe requirements with which any medicine or component thereof must comply, including requirements as to the composition, therapeutic suitability and effect, purity or other properties and the conditions under which any medicine shall be prepared.

(2)No person shall—

(a)sell any medicine in respect of which requirements referred to in subsection (1) have been prescribed unless that medicine complies with such requirements;

(b)prepare any medicine in respect of which conditions referred to in subsection (1) have been prescribed otherwise than in accordance with such conditions.

(2a)Any person who contravenes subsection (2) shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.[subsection inserted by section 4 of Act 22 of 2001]

(3)The Authority may, by notice in writing, require any person who manufactures, sells, administers or prescribes any medicine or on whose direction any medicine is administered to furnish it, within a period stipulated in such notice or such further period as the Authority may permit, with any information which that person has in his possession or which that person is in a position to obtain regarding that medicine.

(4)Any person who fails without reasonable excuse to comply with a notice in terms of subsection (3) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding one month or to both such fine and such imprisonment.[subsection inserted by section 4 of Act 22 of 2001]

40. Advertisement of medicines

(1)No person shall publish, distribute or in any other manner whatsoever bring to the notice of the public or cause or permit to be published or distributed or to be so brought to the notice of the public any false or misleading advertisement concerning a medicine.

(2)If any medicine has been registered—

(a)subject to the condition that it shall be available to the public only on the direction of a medical practitioner, dental practitioner or veterinary surgeon no person shall advertise that medicine otherwise than—

(i)in a medical, dental or veterinary or pharmaceutical journal approved by the Authority; or

(ii)to members of the medical, dental, veterinary or pharmaceutical profession;

(b)subject to any condition fixed in terms of subsection (3) of section thirty-three, no person shall advertise that medicine—

(i)in a manner inconsistent with such condition; or

(ii)so as to indicate or imply that that medicine may be used or sold in a manner inconsistent with such condition.

(2a)Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.[subsection inserted by section 4 of Act 22 of 2001]

(3)It shall be sufficient defence in any prosecution for an offence involving a contravention of subsection (1) if it is proved to the satisfaction of the court that the accused, not being a person selling the medicine to which the false or misleading advertisement which is the subject of the prosecution relates, did not know and could not reasonably be expected to have known that the advertisement was in any respect false or misleading unless it is proved that the accused failed on demand by the Director-General, an inspector or a police officer to furnish the name and address of the person at whose instance the advertisement was published or distributed or was brought to the notice of the public.[subsection amended by section 4 of Act 22 of 2001]

41. Prohibition of sale of undesirable medicines

(1)If the Authority is of the opinion that it is not in the public interest that a specified medicine shall be 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 all persons;

not to sell such medicine or supply or deliver such medicine to any person for any reason whatsoever:Provided that a notice in terms of this subsection shall not prevent the person concerned from returning the medicine to the manufacturer thereof or, in the case of an imported medicine, to the importer concerned or from supplying or delivering such medicine to a person approved by the Authority for the purpose.

(2)The Authority, with the approval of the Minister and the Minister responsible for finance, may, if it deems fit, on the application of a person who has sustained any loss by reason of compliance with a notice issued in terms of subsection (1), grant to that person from the funds of the Authority such amount as compensation for such loss as the Authority considers to be reasonable in the circumstances.

(3)Any person who sells, supplies or delivers a medicine in contravention of a notice directed to him in terms of subsection (1) shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.[subsection inserted by section 4 of Act 22 of 2001]