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medicines and related substances control act 101 of 1965

medicines and related substances control act 101 of 1965

medicines and related substances control act 101 of 1965

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22(2) The Minister may, on the recommendation <strong>of</strong> the pricing committee, make regulations-(a)(b)(c)on the introduction <strong>of</strong> a transparent pricing system for all <strong>medicines</strong> <strong>and</strong> Scheduled <strong>substances</strong> soldin the Republic;on an appropriate dispensing fee to be charged by a pharmacist or by a person licensed in terms <strong>of</strong>section 22C (1) (a).on an appropriate fee to be charged by wholesalers or distributors or any other person sellingSchedule O <strong>medicines</strong>.(3) (a) The transparent pricing system contemplated in subsection (2) (a) shall include a single exit pricewhich shall be published as prescribed, <strong>and</strong> such price shall be the only price at whichmanuf<strong>act</strong>urers shall sell <strong>medicines</strong> <strong>and</strong> Scheduled <strong>substances</strong> to any person other than the State.(b)(c)No pharmacist or person licensed in terms <strong>of</strong> section 22C (1) (a) or wholesaler or distributor shallsell a medicine at a price higher than the price contemplated in paragraph (a).Paragraph (b) shall not be construed as preventing a pharmacist or person licensed in terms <strong>of</strong> thisAct to charge a dispensing fee as contemplated in subsection (2) (b).(4) To the members <strong>of</strong> the pricing committee who are not in the full-time employment <strong>of</strong> the State may bepaid such remuneration <strong>and</strong> allowances as the Minister, with the concurrence <strong>of</strong> the Minister <strong>of</strong> Finance,may determine.22H Purchase <strong>and</strong> sale <strong>of</strong> <strong>medicines</strong> by wholesalers(1) (a) No wholesaler shall purchase <strong>medicines</strong> from any source other than from the original manuf<strong>act</strong>ureror from the primary importer <strong>of</strong> the finished product.(b)A wholesaler shall sell <strong>medicines</strong> only into the retail sector.(2) Subsection (1) shall not be construed as preventing the return <strong>of</strong> <strong>medicines</strong> for credit purposes only, to themanuf<strong>act</strong>urer or wholesaler from which that medicine was initially obtained.(3) Any wholesaler may in the prescribed manner <strong>and</strong> on the prescribed conditions be exempted by theDirector-General from the provisions <strong>of</strong> subsection (1).23. Disposal <strong>of</strong> undesirable <strong>medicines</strong>(1) If the council is <strong>of</strong> the opinion that it is not in the public interest that any medicine shall be made availableto the public, it may-(a)(b)by notice in writing transmitted by registered post to any person direct that person; orby notice in the Gazette direct any person,to return any quantity <strong>of</strong> such medicine which he has in his possession to the manuf<strong>act</strong>urer there<strong>of</strong> or (inthe case <strong>of</strong> any imported medicine) to the importer concerned or to deliver or send it to any other persondesignated by the council.(2) The council may by notice in writing direct any manuf<strong>act</strong>urer or importer <strong>of</strong> any such medicine who hasin his possession any quantity there<strong>of</strong> (including any quantity returned, delivered or sent to him inpursuance <strong>of</strong> a direction under sub-section (1)), or any other person to whom any quantity <strong>of</strong> such

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