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Medicines and Cosmetics Regulation 2002

This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at 16 May 2002.

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Legislative Counsel
Dated 25 November 2006

INDEPENDENT STATE OF PAPUA NEW GUINEA.

No. 2 of 2002.

Medicines and Cosmetics Regulation 2002

ARRANGEMENT OF SECTIONS.

Medicines and Cosmetics Regulation 2002

MADE by the Head of State, acting with, and in accordance with, the advice of the National Executive Council under the Medicines and Cosmetics Act 1999.

PART 1. – PRELIMINARY.

1. INTERPRETATION.

In these Regulations, unless the contrary intention appears –

“the act” means Medicines and Cosmetics Act 1999;

“active ingredient” means the therapeutically active component in a medicinal products final formulation that is responsible for its physiological or pharmacological action;

“antiseptic” means a substance that is intended for application on the body or the mucous membranes of a person or an animal to kill or prevent the growth of a broad range of micro-organisms, and that is not represented to be suitable for internal use;

“batch” A defined quantity of a starting material, packaging material, or product processed in a single process or a series of processes so that it can be expected to be homogeneous;

“clinical trial” means any systematic study on medicinal products in human subjects, whether in patients or other volunteers, in order to discover or verify the effects of, or identify any adverse reaction to, investigational products, or to study the absorption, distribution, metabolism and excretion of the products with the object of ascertaining their efficacy and safety;

“dosage form” means the form of the completed pharmaceutical product, such as tablet, capsule, elixir, injection, suppository and so on;

“disinfectant” means a substance that is intended for application to inanimate objects to kill a broad range of micro-organisms, and that is not represented to be suitable for the internal use in, or dermal use on, a person or an animal;

“poison” means a substance or preparation that is included in a schedule to the poisons standard;

“shelf-life” means the period of time during which a drug product, if stored correctly, is expected to comply with the specification as determined b stability studies on a number of batches of the product;

“Good Manufacturing Practices (GMP)” means the part of the Quality Assurance which, ensures that medicinal products are consistently produced and controlled to the quality standards appropriate to their intended use and the GMP’s referred to are those of the World Health Organization (WHO Expert Committee on Specifications for Pharmaceutical Preparations, Thirty-second report, Geneva, World Health Organization, 1992:14-79-(WHO Technical Report Series, No. 823) with supplementary guidelines (WHO Technical Report Series, No. 863 of 1996));

“drug regulatory authority” means the national agency responsible for the registration of, the other regulatory activities concerning, pharmaceutical products;

“starting material” means any substance of defined quality used in the production of a pharmaceutical product, but excluding packing materials;

“applicant” means the party applying for product certificate. The applicant is normally the product licence holder. Because certain data are confidential for commercial reasons, the competent authority in the exporting country must always obtain permission to release these data from the product-licence holder or, in the absence of a product licence, from the manufacturer;

“licence holder” means an individual or corporate entity processing a marketing authorisation for a pharmaceutical product;

“licensee” means an individual or corporate entity responsible for the information and publicity on, and their pharmacovigilance and surveillance of batches of, a pharmaceutical product and, if applicable, for their withdrawal, whether or not that individual or corporate entity is holder of the marketing authorisation;

“prescription” means an order for a medicine or medicines usually written as a formula by a physician, dentist or veterinary surgeon that contains the names and the quantities of the desired substances, with instructions to the pharmacist for the preparation of the medicines and to the patient for the use of the medicines at a particular time;

“production” means all the operations involved in the preparation of pharmaceutical product, from receipt of materials, through processing and packing, to completion of the finished product;

“registration” means any statutory systems of approval required at national level as a precondition for introducing a pharmaceutical product on to the market;

“dangerous drugs” means narcotic and psychotropic substances or dosage forms containing these;

“pharmacy” means establishments that are registered as a pharmacy under the Medicines and Cosmetics Act 1999;

“prescription only medicine” means a list of medicinal products that can only be dispensed or supplied by a pharmacist on a prescription issued by a medical practitioner, a dentist or a veterinary surgeon, but under the supervision of a pharmacist;

“pharmacy only medicine” means a list of medicinal products that can be sold or supplied with out prescription issued by a medical practitioner, a dentist or a veterinary surgeon, but under the supervision of a pharmacist;

“over the counter products” means a list of medicinal products that can generally be sold over the counter with the supervision of a pharmacist;

“legal entity” means an individual or corporate entity authorised by the product license holder to import medicinal products.

PART 2. – REGISTRATION OF MEDICINAL PRODUCTS AND DEALERS OF MEDICINAL PRODUCTS.

2. GENERAL LICENCES.

(1) An application for the grant or renewal of a licence under the Act shall be in the specify Form Number prescribed in Schedule 2 to this Regulations and shall be accompanied by the appropriate fee.

(2) A product licence issued under this regulation is valid for a period of 5 years unless sooner cancelled, continue in force for a period of 1 year.

(3) All licences other than a produce license, issued under Subregulation (1) shall, unless soon cancelled, continue in force for a period of 1 year.

(4) An application for renewal of a licence shall be made either 3 months before its expiry, or within 3 months of its expiry.

(5) After payment of renewal fees, the licence shall continue to be in force until orders are passed on the application.

(6) The licence shall be deemed to have expired if the application for its renewal is not made within 3 months of its expiry.

(7) Failure to pay the renewal fees within 3 months of the expiry of the licence shall be considered as a fresh application by the licensing authority.

(8) The licensing authority shall cancel or suspend any licence issued under Division 2 of the Act, for any period, if the licensee –

(a) fails to comply with the conditions of the licence; or

(b) is found guilty of an offence under the Act; or

(c) makes a request for his licence to be cancelled or suspended; or

(d) ceases to operate or conduct the business for which the licence was issued; or

(e) for any other reasons the licensing authority thinks reasonable to do so on the advice of the Pharmacy Board.

(9) Where a licensee ceases to operate as per the licence, the licensee shall within 14 days after ceasing surrender the original licence to the licensing authority which granted it.

3. APPLICATION FOR REGISTRATION OF A MEDICINAL PRODUCT.

An application for registration of a medicinal product shall be made in Form 6 as prescribed Schedule 2 of to these regulations.

4. GRANT OF A MEDICINAL PRODUCT LICENCE.

(1) A medicinal product license shall be issued in Form 7 as prescribed in Schedule 2 to these regulations.

(2) A medicinal produce licence issued shall be valid for a period of 5 years.

5. APPLICATION FOR LICENCE TO MANUFACTURE MEDICINAL PRODUCT.

An application for licence to manufacture a medicinal product shall be made in Form 1(b) as prescribed in Schedule 2 to these regulations.

6. INSPECTION BEFORE GRANT OR RENEWAL OF LICENCE.

(1) Before a licence under this part is granted the licensing authority shall, under the Act, appoint one or more inspectors to inspect the establishment.

(2) The inspector shall examine the premises, plant and appliances and also inspect the process of manufacture intended to be employed along with the testing procedures, enquire into the professional qualifications of the technical staff, verify statements made in the application in regard to their correctness and capability of the applicant to comply with the requirements of Good Manufacturing Practices, the requirements of plant and equipment and the requirements of maintenance of records.

7. CONDITIONS OF LICENCE.

A licence issued under this section is subject to the following conditions: –

(a) a copy of the manufacturing licence issued shall be displayed publicly at the premises specified in the licence; and

(b) the licensee must keep records showing –

(i) the materials used in the manufacture of medicinal product and the supplier; and

(ii) quantities of the materials used and details of the tests performed on those materials; and

(iii) the procedures and the controls employed in the manufacture of the medicinal products, including the results of the tests performed during the processing of the medicinal products; and

(iv) details of tests performed on the final medicinal product and the results of those tests; and

(v) the stability studies, if, any, that validate the recommended shelf life and appropriate storage conditions of the medicinal products; and

(c) the licensee shall assign a batch number to each batch of the medicinal product when the medicinal products are manufactured in identifiable batches; and

(d) the licensee shall maintain reference samples from each batch of the medicinal product for a period as may be specified by the licensing authority; and

(e) the licensee shall keep records of details of manufacture of each batch of medicinal products manufactured by him and such records shall be retained for a period may be specified by the licensing authority; and

(f) the licensee shall allow an inspector authorised by the Act to enter the premises with or without prior notice and inspect the process of manufacture or testing or to inspect all the records and registers and to take samples of the medicinal product in accordance with the provisions of the Act; and

(g) the licensee shall ensure that the persons nominated by the licence holder as having control of production and quality control are to be employed in the manufacture of medicinal product and maintain that control; and

(h) the licensee shall comply with such further requirements, as may be specified by the licensing authority from time to time.

8. GRANT OF LICENCE TO MANUFACTURE MEDICINAL PRODUCT.

A licence to manufacture medicinal product shall be issued in Form 8 as prescribed in Schedule 2 to these regulations, upon satisfaction of the requirements specified in Section 21 and as confirmed on inspection by the Licensing Authority.

9. APPLICATION FOR LICENCE TO SELL MEDICINAL PRODUCT BY WHOLESALE.

(1) An application for licence to sell a medicinal product by wholesale shall be made in Form 1(b) as prescribed in Schedule 2 to these regulations.

(2) A separate application shall be made for sale of a medicinal product at more than one place.

10. GRANT OF LICENCE TO SELL MEDICINAL PRODUCTS BY WHOLESALE.

(1) A licence to sell medicinal products by wholesale shall be issued in Form 3 as prescribed in Schedule 2 to these regulations, upon satisfaction of the requirements specified in Section 22 and as confirmed on inspection by the Licensing Authority.

(2) The licence shall be valid only for medicinal products specified therein.

11. APPLICATION FOR LICENCE TO IMPORT MEDICINAL PRODUCT.

(1) An application for licence to import medicinal product shall be made in Form 1(b) as prescribed in Schedule 2 to these regulations.

(2) Before granting an import licence the licensing authority shall take into considerations –

(a) whether the medicinal product for which an import application is being made is registered with the licensing authority; and

(b) the premises, in which the imported medicinal product will be stocked; and

(c) the occupation, trade or business ordinarily carried out by the applicant; and

(d) valid business registration issue by the Investment Promotion Authority.

12. PROHIBITION OF IMPORT OF CERTAIN MEDICINAL PRODUCT OR COSMETIC.

From such date as may be fixed by the Minister by notification in the National Gazette relating to any prohibition of import, no person shall import –

(a) any medicinal product or cosmetic which is not of standard qualify; or

(b) any misbranded medicinal product or misbranded cosmetic; or

(c) any medicinal product without a medicinal product license.

13. CONDITIONS FOR LICENCE HOLDERS.

An import licence shall be subject to the following conditions: –

(a) the manufacturer shall at all times observe the undertaking given by him; and

(b) the licensee shall allow any inspector authorised by the licensing authority in that behalf to enter with or without notice any premises where the imported medicinal product is stocked, to inspect the means if any, employed for testing the medicinal product and to take samples; and

(c) if any samples are found by the licensing authority not to conform to the standards of strength, quality and purity, the licensee shall immediately withdraw the remainder of the batch from sale and recall the issues already made from that batch; and

(d) the licensee shall record all sales by him of medicinal products, the import of which a licence is required, showing all the particulars of sales; and

(e) the licensee shall comply with such further requirements, if any, applicable to the holders of import licences, as may be specified by the licensing authority from time to time.

14. GRANT OF AN IMPORT LICENCE.

(1) A licence to import a medicinal product shall be issued in Form 4 as prescribed in Schedule 2 to these regulations, upon satisfaction of the requirements specified in Section 23 and as confirmed on inspection by the Licensing Authority.

(2) A licence issued under Subsection (1) shall be valid only for medicinal products specified therein.

15. APPLICATION FOR LICENCE TO EXPORT MEDICINAL PRODUCT.

An application for licence to export a medicinal product shall be made in Form 1(b) as prescribed in Schedule 2 to these regulations.

16. GRANT OF AN EXPORT LICENCE.

(1) A licence to export a medicinal product shall be issued in Form 5 as prescribed in Schedule 2 to these regulations, upon satisfaction of the requirements specified in Section 24 and as confirmed on inspection by the Licensing Authority.

(2) A licence issued under Subsection 1 shall be valid only for medicinal products specified therein.

17. APPLICATION FOR ISSUE OF A CLINICAL TRIAL CERTIFICATE.

An application for issue of a clinical trial certificate shall be made in Form 9 as prescribed in Schedule 2 to these regulations.

18. CONDITIONS TO BE SATISFIED FOR THE ISSUANCE OF A CLINICAL TRIAL CERTIFICATE.

(1) Approval of applications for clinical trials shall be based on the requirements of the Guidelines for good clinical practice (GCP) for trials on pharmaceutical products (World Health Organization, 1995, Technical Report Series No. 850);

(2) An application for issue of a clinical trials certificate shall include: –

(a) the name, dose and administration of the medicine, its nature and its chemical formula; and

(b) the purpose of the trial; and

(c) the names and qualifications of the investigators who will conduct the trial; and

(d) a written consent to nomination from each of the investigators; and

(e) a copy of the information supplied to the investigators, particularly in relation to the safe use of the medicinal product; and

(f) a protocol of the trial setting out –

(i) the number of patients to be involved; and

(ii) the form that the trial is to take, and the nature of the records to be kept; and

(iii) the person or classes of persons (if any) who are to be specially excluded from the trial; and

(iv) any special measures proposed to be taken to ensure the safety of the patients; and

(g) ethical clearance of the trial protocol by an independent Ethics Committee for Biomedical Research Involving Human Subjects or other equivalent committee; and

(h) information about the medication(s) and the trial which will be provided to the patient(s) or volunteer(s); and

(i) information on how patient’s or volunteers consent will be obtained; and

(j) the names and addresses of the institutions or laboratories where the medicinal product will be used by approved persons, and a description of the facilities that will be available to those persons.

(3) The licensing authority shall determine every application for its approval under this section within 60 days after receipt of the application and shall notify the applicant of its decision and where it declines the application the reasons for its decision.

(4) At any time after a clinical trial has been approved by the licensing authority, the applicant may apply to the licensing authority for the approval of an investigator, not withstanding that the name of that person did not appear in the application for approval of the clinical trial.

(5) The licensing authority may at any time, by notice in writing given to an applicant, require the applicant to supply such further information and particulars as it thinks appropriate relating to a clinical trial or to identity and qualifications of an investigator.

(6) The distribution of any medicinal product under this section shall be subject to the following conditions:-

(a) the licensing authority shall be informed, before the medicinal product is so distributed, of the identifying name or mark by which it may be recognised; and

(b) every label on every package or container of the medicinal product shall bear the words “to be used by qualified investigators only”; and

(c) the importer or manufacturer shall before so distributing the medicinal product, take all the reasonable steps to ensure that every person to whom it is supplied is approved under this section as a registered pharmacist to carry out and has available the necessary facilities for the trial to be conducted by him, and the medicinal product shall be used solely by that person or under his direction for the purposes of the trial; and

(d) the importer or manufacturer shall –

(i) keep complete and accurate records of all quantities of the medicinal product supplied under this section; and

(ii) keep the licensing authority informed of the progress of the trial by 6 monthly reports; and

(iii) supply to the licensing authority a copy of the results of the trial on its completion.

(7) The licensing authority may at any time, by notice in writing to the applicant, revoke or suspend his approval of a clinical trial.

19. ISSUANCE OF CLINICAL TRIAL CERTIFICATE.

A clinical trial certificate shall be issued in Form 10 as prescribed in Schedule 2 to these regulations.

PART 3. – STANDARDS.

20. STANDARD PROVISIONS FOR A MEDICINAL PRODUCT LICENCE.

(1) A licence holder shall report to the licensing authority any changes in his name or address or that of the company to which the licence relates.

(2) A licence holder shall inform the licensing authority of any material change that has been made or that he proposes to make in the particulars contained in his application relating to the –

(a) specification of the medicinal product; and

(b) composition of the medicinal product; and

(c) method of manufacture for the medicinal product; and

(d) storage conditions for the medicinal product; and

(e) indications for the medicinal product.

(3) A licence holder shall report to the licensing authority –

(a) changes on the validity of data which may affect the safety, quality and efficacy of the medicinal product to which the licence relates; and

(b) any serious adverse drug reactions; and

(c) any batch which does not conform to the specification of the medicinal product.

(4) A licence holder shall recall any defective or unsafe medicinal product to which the licence relates, from the market, and stop its sale and distribution.

(5) A licence holder shall state the medicinal product licence number designated by the licensing authority on the label and package of the medicinal product.

(6) A licence holder shall return the original copy of the licence to the licensing authority within 7 days after the licence has been suspended or revoked.

(7) A licence holder shall undertake to arrange for such tests as may be directed by the licensing authority and shall submit samples for testing if so requested by the licensing authority.

(8) A licence holder shall keep and maintain records as prescribed by the licensing authority.

21. STANDARD PROVISIONS FOR A MANUFACTURER’S LICENCE.

(1) Before a licence in Form 8 of Schedule 2 of these regulations is granted, an applicant shall comply with conditions –

(a) the manufacture shall be conducted under the active direction and personal supervision of competent technical staff whose education should include the study of an appropriate combination of pharmaceutical sciences and technology, chemistry (analytical or organic) or biochemistry, chemical engineering, microbiology, pharmacology and toxicology, or other related sciences; and

(b) the applicant has at having at least 3 years of experience in the medicinal products.

(2) A licence holder shall inform the licensing authority of any change in his name and the address of the manufacturer to which the licence relates.

(3) A licence holder shall provide and maintain such staff, premises, equipment and plant as are necessary for carrying out the manufacture and assembly of the medicinal product in the exact manner as the specification of the product and shall carry out the manufacturing operation as in the process specified in the application for a licence.

(4) A licence holder shall provide and maintain such staff premises, equipment and facilities for handling, storage and distribution of the medicinal product.

(5) A licence holder shall conduct all manufacturing operations in accordance with Good Manufacturing Practices (WHO Expert Committee on Specifications for Pharmaceutical Preparations, Thirty-second report. Geneva, World Health Organization, 1992:14-79 (WHO Technical Report Series, No. 823) with supplementary guidelines (WHO Technical Report Series, No. 863 of 1996)) prescribed by the licensing authority and shall ensure that the quality, safety and efficacy of the product are maintained as per specifications contained in the medicinal product licence.

(6) An applicant shall provide and maintain adequate staff, premises and laboratory equipment for carrying out the tests of the quality of the medicinal product.

(7) An applicant shall make adequate arrangements for the storage of medicinal products manufactured by him.

(8) A licence holder shall inform the licensing authority before making any material alteration to the premises or plant used under this licence and any change that he proposes to make in the –

(a) person responsible for supervising the production operations; or

(b) person responsible for the quality control of the medicinal product being manufactured.

(9) A licence holder shall maintain records of the details of manufacture of each batch of every medicinal product being manufactured and of the tests carried out in such forms as the licensing authority may require.

(10) Such records shall not be destroyed for a period of 2 years from the date when the manufacture of the relevant batch occurred.

(11) A licence holder shall keep such record as required in order to facilitate the withdrawal or recall from sale or supply of any medical product to which the licence relates.

(12) A licence holder shall return the original copy of the licence to the licensing authority within 7 days from the date when the licence is suspended or revoked.

(13) A licence holder shall not use the licence for advertising purposes.

22. STANDARD PROVISIONS FOR THE WHOLESALE DEALERS LICENCE.

The following standard provisions shall apply to a wholesale dealers licence: –

(a) a licence holder shall have a valid business registration with the Investment Promotion Authority; and

(b) the licence shall be displayed in a prominent place in a part of the premises open to the public; and

(c) a licensee shall permit an authorized inspector to inspect the premises and provide any information that is necessary; and

(d) a licensee shall report to the licensing authority any change in the qualified person in-charge within one month of such change; and

(e) a licensee shall inform the licensing authority in writing in the event of any change in the constitution of the firm operating under the licence. Where there is a change in ownership of the firm, the existing licence shall be deemed to be valid for a maximum period of 3 months from the date on which the change takes place, unless in the mean time a fresh licence has been obtained from the licensing authority in the name of the firm with the changed constitution; and

(f) a licence holder shall provide and maintain such staff, premises, equipment and facilities for the handling, storage and distribution of the medicinal products which he handles, stores or distributes under his licence, as are necessary to avoid deterioration of the medicinal products and he shall not use the premises for such purposes other than those specified in the licence by the licensing authority; and

(g) a licence holder shall ensure that the premises are sufficiently secured, preventing unauthorized access; and

(h) a licence holder shall provide such information as may be requested by the licensing authority concerning the type and quantity of any medicinal product which he currently handles, stores or distributes;

(i) where the licence holder has been informed by the licensing authority or by the holder of the product licence that any batch of medicinal product to which the wholesale dealer’s licence relates has been found not to conform as regards to the strength, quality or purity with the specification of that product or with the provisions of the Act or of any regulations under the Act that are applicable to the medicinal product, he shall, if so directed, withhold such batch from sale for such period as may be specified by the licensing authority;

(j) subject to the provisions of these regulations, no medicinal product to which the wholesale dealer’s licence relates shall be sold or offered for sale by way of wholesale dealing by virtue of that licence unless there has been granted in respect of that medicinal produce licence which is for the time being in force and any sale or offer for sale shall be in conformity with the provisions of such medicinal product licence.

(k) the licence holder, for the purpose of enabling the licensing authority to ascertain whether there are any grounds for suspending, revoking or varying any licence or certificate granted or issued under the Act, shall permit, and provide all necessary facilities to enable the Inspector, to carry out such inspection or to take samples or copies, in relation to things belonging to, or any business carried on by, the licence holder, as such person would have the right to carry out or take under the Act for the purpose of verifying any statement contained in an application or a licence or certificate; and

(l) the licence holder shall at all times provide and maintain staff, premises, equipment and facilities that will enable the qualified person who is at his disposal to carry out the said function;

(m) the provisions of this subsection shall also not apply where the licence holder handles the imported medicinal product –

(i) in the course of the provision of facilities solely for the transport of the medicinal product; or

(ii) in the course of a business carried on by him as an import agent where he imports the medicinal product solely to the holder of another person who intends, in the course of a business carried on by him, to sell, or offer for sale the medicinal product by way of wholesale dealing or in any other way intends to distribute the medicinal product; or

(iii) the licensee shall comply with such further requirements, if any, applicable to the holders of licences, as may be specified by the licensing authority from time to time; or

(iv) all transactions pertaining to ordering, storage and distribution of medicinal products should be accurately recorded.

23. STANDARD PROVISIONS FOR AN IMPORT LICENCE.

In addition to requirements for wholesalers contained in Section 22 the following conditions must be met: –

(a) a licence holder shall report any changes in his name and address and the address of his company to which the licence relates; and

(b) a licence holder shall undertake to arrange for test of the medicinal product and to submit samples of the medicinal product when requested to do so by the licensing authority; and

(c) a licence holder shall report to the licensing authority any change in the specification or composition of the medicinal product or the manufacturing procedure of the medicinal product; and

(d) a licence holder shall inform the licensing authority of any batch of the medicinal product, which have been found to be harmful or unsafe or does not conform to the product’s specifications; and

(e) a licence holder shall keep and maintain records to which the licence relates in the manner as prescribed by the licensing authority.

(f) a licence holder shall inform the licensing authority of any decision to withdraw the importation, sale or supply of the medicinal product to which the licence relates; and

(g) a licence holder shall report to the licensing authority within 7 days from the receipt of any adverse effects or report relating to the medicinal product imported; and

(h) a licence holder on a per consignment basis shall state the import licence number designated by the licensing authority on the label and package accompanying the medicinal product; and

(i) a licence holder shall recall defective, harmful and unsafe medicinal products from the market and shall immediately stop the distribution and sale of the affected medicinal product; and

(j) a licence holder shall return the original copy of the licence to the licensing authority if the licence is suspended or revoked; and

(k) the validity of the import licence, in respect of each medicinal product, which the importer is dealing with, shall be subject to the continued validity of the corresponding medicinal product licence; and

(l) a licence holder shall not use the licence for advertising purposes.

24. STANDARD PROVISIONS FOR AN EXPORT LICENCE.

The following standard provisions shall apply to an export licence: –

(a) a licence holder shall report any changes in his name and address and the address of his company to which the licence relates; and

(b) a licence holder shall report to the licensing authority of any change in the specification or composition of the medicinal product; and

(c) the licence holder shall inform the licensing authority of any batch of the medicinal product, which has been found to be harmful or unsafe or does not conform to the product’s specifications.

(d) a licence holder shall keep and maintain records to which the licence relates in the manner as prescribed by the licensing authority; and

(e) a licence holder shall inform the licensing authority of any decision to withdraw the exportation, sale or supply of the medicinal product to which the licence relates.

25. STANDARDS FOR MEDICINAL PRODUCTS, COSMETICS AND MEDICINAL DEVICES.

(1) Any medicinal product for which a standard is otherwise prescribed in these regulations shall, where it is described as conforming to a monograph in a specified publication, conform to the description and tests set out in that publication for that medicinal product.

(2) Any medicinal product that is suitable for application into the eye shall conform to the tests for sterility.

(3) Any medicinal product, for use on the skin of a baby, or on any inflamed, abraded or broken skin, shall be free of pathogenic organisms.

(4) Any medicinal product or cosmetic intended for sale shall not contain any extraneous thing that is harmful, dangerous or offensive.

(5) A surgical dressing that is described as conforming to a monograph in a specified publication shall conform to the description and tests set out in that publication for that surgical dressing.

(6) A medical device that is described as conforming to a particular description shall conform to that description.

PART 4. – PHARMACIES.

26. REGISTRATION OF A PHARMACY.

(1) From such date as may be fixed by the Minister by notification in the National Gazette in this behalf, no person shall conduct a pharmacy in the State of Papua New Guinea unless he has obtained a registration from the licensing authority.

(2) An application for registration of a pharmacy shall be made in Form 1(a) as prescribed in Schedule 2 to these regulations.

(3) A registration shall be required for each pharmacy and a separate registration shall be required for each of the premises of any person operating a pharmacy in more than one location.

(4) A licence shall not be granted to any person unless the licensing authority is satisfied that the applicant complies with the following requirements:-

(a) location and building: –

(i) a pharmacy shall be located in a sanitary place and hygienic conditions shall be maintained in the premises; and

(ii) the place shall be kept dry, adequately lighted and ventilated at all times; and

(iii) the place shall be kept clean and free from dust and creatures likely to contaminate the medicine; and

(iv) the walls, floors and ceilings shall be properly constructed and kept in good repair, and shall be easy to clean; and

(v) the place shall not be used for any purpose that might affect the quality of the medicines or cosmetic; and

(vi) the place shall be provided with a means of drainage, sinks and other sanitary fittings maintained in good, clean and working conditions; and

(vii) the place shall be provided with an adequate supply of hot and cold water, and or other detergents; and

(b) spacing:-

(i) the premises should be on an area of not less than 10 square metres; and

(ii) there shall be separate prescription compounding and dispensing counter depending on the work load requirements of the pharmacy separated from other areas to prevent admission to the public; and

(iii) a minimum of 1.5 square metres of counter space shall be provided for one pharmacist and, additional counter space shall be provided for each additional pharmacist.

(c) staffing:- A pharmacy shall be provided with

(i) adequate facilities for preserving the sensitive medicinal products; and

(ii) refrigerators for the storage of vaccines and other biological preparations; and

(iii) adequate cupboards with lock and key for the storage of dangerous drugs; and

(d) the storage conditions: – A pharmacy shall be provided with

(i) adequate facilities for preserving the sensitive medicinal product; and

(ii) refrigerators for storage vaccines and other biological preparations; and

(iii) adequate cupboards with lock and key for the storage of dangerous drugs; and

(e) dispensing equipment: – A pharmacy shall be provided with adequate equipment necessary for dispensing of official preparations and processing prescriptions. Each item must be clean, in good repair and of suitable material. Following is a minimum list and must be extended according to the requirements of the dispensary.

(i) a suitable means of counting tablets and capsules. This equipment must be cleaned regularly so that cross contamination between products is avoided.

(ii) an accurate dispensing balance.

(iii) a range of graduated, stamped glass measures.

(iv) a refrigerator equipped with a maximum and minimum thermometer and capable of storing products at temperatures between 2 and 8 degrees Celsius. The refrigerator must be cleaned, defrosted and checked periodically to ensure efficient running and unless there are adequate arrangements for separating various items to avoid cross contamination, must be used only for medicinal products.

(v) a suitable range of dispensing containers for medicinal products and child resistant closures complying with the relevant standards.

(vi) a means of mechanically printing dispensing labels. Additional warning slip labels must be available, unless such warnings are printed on the dispensing labels. Where computer software is relied on for warnings and interactions this should be the latest version available.

(f) Reference Books: – A pharmacy shall be provided with any of the following reference books in their current edition:

(i) The British Pharmacopoeia;

(ii) The USP’

(iii) Martindale The Extra Pharmacopoeia;

(iv) British National Formulary.

(g) The availability of the following reference material in their current edition would be useful for consultations:

(i) New Ethical Catalogue;

(ii) A hand book on drug interactions

(iii) A hand book on advice to the patient;

(iv) A medical dictionary.

(h) Records and registers to be maintained in a pharmacy: – A pharmacy shall keep and maintain the following records and registers.

(i) the records of dispensing of Narcotics and Psychotropic drugs;

(ii) the prescription medicines register;

(iii) records of medicines sold by retail and by wholesale.

27. GRANT OF LICENCE TO OPERATE A PHARMACY.

(1) A licence shall be issued in Form 2 as prescribed in Schedule 2 to these regulations, upon satisfaction of the requirements specified in Section 26 and as confirmed on inspection by the Licensing Authority;

(2) The licence shall be valid only for a period of 1 year;

(3) An application for renewal shall be made 3 months before the expiry of the original licence;

(4) Failure to pay the renewal fees within 3 months of the expiry of the original licence the licensee shall be required to pay the full prescribed registration fees.

28. GENERAL DUTIES OF PHARMACIST.

(1) A pharmacist who carries on a business as such or who is in charge of a dispensary shall –

(a) ensure that the premises in which the business is carried on or dispensary, is adequately locked and otherwise secured at all times, when the business or the dispensary is not normally open to the public; and

(b) maintain the business or the dispensary in a clean, hygienic and orderly condition; and

(c) provide and maintain in good order and condition such equipment, necessary for the full and proper conduct of the business or the dispensary;

(d) provide and maintain adequate and sufficient stocks of all medicinal products as are reasonable required for the full and proper practice of the profession and as may reasonably be prescribed by a medical practitioner, veterinary surgeon or a dentist; and

(e) keep prominently displayed at all times at the premises so as to be readily visible to the public, a notice setting out the normal trading hours of the business or dispensary; and

(f) have legibly printer or written, and continually so maintained, in a conspicuous place on the front of the business premises –

(i) his name, in letters not less than 150mm high; and

(ii) his professional qualifications, in letters not less than 50mm high; and

(iii) if he is carrying on business, either, the word “Pharmacy” or “Pharmacist” in charge of a “Pharmacy”; and

(g) provide advice on rational drug use to the public and medical profession.

(h) maintain his professional knowledge in order to provide quality pharmaceutical care and services; and

(i) at all times have regard to the laws and regulations applying to medicinal products and pharmaceutical practices, and maintain a high standard of professional conduct.

(2) A pharmacist or pharmacy technician registered with the Pharmacy Board of Papua New Guinea shall renew his licence to practice before 30th March each year.

(3) A pharmacist or pharmacy technician who fails to comply with Subsection (2) shall be required to pay the full prescribed registration fees, or otherwise his name shall be removed from the register of pharmacist or pharmacy technicians.

29. NOTICE OF ABSENCE.

A pharmacist who –

(a) carries on a business at a shop; and

(b) leaves the shop open for business under the control of some other pharmacist for a period of more than 42 days, shall immediately give notice by registered post, to the Chairman of the Pharmacy Board, of his absence and of its expected duration and the name of that other pharmacist.

30. INSPECTION.

A pharmacist shall permit an Inspector, during normal hours of a pharmacy or dispensary to examine and inspect the pharmacy as per the provisions of this regulation upon presentation of his credentials or identity.

31. CONDITIONS OF DISPENSING.

(1) No person other than a medical practitioner, veterinary surgeon, dentist or a pharmacist shall dispense a prescription medicine and shall not do so, if –

(a) the prescription bears the word “cancelled” on it; or

(b) the prescription –

(i) is obliterated in whole or in part; or

(ii) is illegible; or

(iii) is defaced, or appears to have been altered in any way by a person other than the prescriber, or the date of presentation for dispensing is more than 6 months after the date on which the prescription was written.

(2) Every person dispensing a prescription medicine shall comply with the following requirements: –

(a) the prescription shall not be dispensed more than once, unless the prescriber has indicated on the prescription that it may be dispensed on more than one occasion; and

(b) if the prescription contains a direction that it may be repeated without any mention of the number of occasions or intervals between the dispensing, or the period of treatment required, it shall be dispensed on not more than two occasions; and

(c) if the prescription contains a direction that it may be dispensed a stated number of times without an indication of time that is to elapse between each occasion of dispensing it shall not be dispensed more often than once in every three days; and

(d) if the prescription contains a direction that it may be dispensed at stated intervals with out an indication as to the number of times it may be dispenses, it shall not be dispensed more often than 3 times; and

(e) no medicinal product shall be sold or stocked by the licensee after the date of expiration of potency recorded on its container or label. Any such medicinal product may be stocked after the date of expiry separately from the trade stocks and all such medicinal product shall be kept in cartons which shall prominently display the words “Not for Sale”.

32. DISPENSING PROCEDURE.

(1) Before dispensing a medicinal product on a prescription, a pharmacist, doctor, veterinarian or dentist must comply with the following procedures: –

(a) he shall copy the prescription in full into the prescription book; and

(b) he shall mark on the prescription the same identifying number or letter as recorded in the prescription book; and

(c) he shall sign or initial the prescription and show the date of dispensing; and

(d) he shall show on the prescription, the name and address of the pharmacy; and

(e) in the case of a repeated prescription, he shall –

(i) enter in the Prescription Book the name of the patient, the number of the original prescription and the date of dispensing of the prescription; and

(ii) endorse the prescription with a new number, the date of dispensing; and

(iii) sign or initial the prescription.

(2) The dispensed medicinal product shall be packed in a suitable container and labelled with the name of patients, name of the medicinal product and instructions for its use.

(3) Upon delivery to the patient, he shall inform the patient on the correct use of the medicinal product and ensure that the patient has understood the instructions.

33. PARTICULARS OF PRESCRIPTIONS TO BE RECORDED IN THE PRESCRIPTION BOOK.

The particulars to be shown in the prescription register are:-

(a) the Serial Number of the entry; and

(b) the date on which the medicinal product was sold or supplied; and

(c) the name, quantity and, except where it is apparent from the name, the pharmaceutical form and strength of the medicinal product; and

(d) the date on the prescription and the name and address of the practitioner giving it; and

(e) the name and address of the person for whom, the medicinal product was prescribed; and

(f) the initials or other identifying means of the registered pharmacist under whose supervision the medicinal product was made up or supplied.

34. EMERGENCY SUPPLY OF MEDICINAL PRODUCTS.

In an emergency a person lawfully conduct a retail pharmacy business can sell or supply a Prescription Only Medicine upon request by a doctor or a patient provided that the pharmacist in charge has satisfied himself of the situation and shall comply with the following conditions: –

(a) that there is an immediate need for the medicinal product requested and that it is impracticable to obtain a prescription without undue delay; and

(b) that an appropriate entry is made in the prescription register; and

(c) that the container or package is labelled in accordance with the regulations and with the words “Emergency Supply”.

35. PRESCRIPTION BY TELEPHONE.

(1) A medical practitioner, veterinary surgeon or a dentist –

(a) may, by telephone, authorise a pharmacist to dispense a medicinal product for a person or an animal; and

(b) shall, within 48 hours from the time of authorisation under Paragraph (a), send to the pharmacist a written prescription in relation to the medicinal product.

(2) A prescription referred to under Section 35(1)(a) shall –

(a) comply with Section 31(2)(b); and

(b) be recorded and endorsed in accordance with Section 33.

36. SUPPLYING ON MEDICINAL PRODUCT BY PHARMACIST WITHOUT PRESCRIPTION.

Where, in the course of giving aid or assistance permitted under Sections 8(1)(b) and (c) of the Act, a pharmacist shall supply without a prescription the medicinal product belonging to the following category only: –

(a) pharmacy only medicine as listed in Schedule 4; or

(b) over the counter as listed in Schedule 5.

37. KEEPING OF RECORDS.

A pharmacist shall retain all records of prescription entered in the Prescription Book for a period of not less than 5 years after the date of entry.

38. RETURNING OF PRESCRIPTIONS.

(1) Subject to Subsection (2) a pharmacist shall, after dispensing or supplying a medicinal product, on prescription, return the prescription to the person who presented it for dispensing or supplying.

(2) If the medicine dispensed or supplied under Subsection (1) is a dangerous drug, the pharmacist shall retain the prescription and maintain it for a period of not less than two years from the date of dispensing or supplying.

39. STORAGE OF MEDICINAL PRODUCTS.

A pharmacist who dispenses or compounds or makes-up, medicinal product for patients or animals under his professional care, shall –

(a) store each medicinal product in a separate receptacle clearly labelled with the name of the medicinal product; and

(b) store and maintain each medicinal product in such a matter as to prevent any deterioration arising from inadequate stock management.

40. SUBSTITUTION OF MEDICINAL PRODUCTS.

A pharmacist who dispenses, compounds or makes up any medicinal product in dispensing a prescription, and without the consent of the prescriber, substitutes any other substance for a substance specified in the prescription, is guilty of an offence.

PART 5. – LABELLING.

41. PROHIBITION OF SALE OR DISTRIBUTION OF MEDICINAL PRODUCTS UNLESS PROPERLY LABELLED.

With effect from the appointed day and subject to the provisions of these Regulations, not person shall sell or distribute any medicines unless it is labelled in accordance with these Regulations.

42. LABELLING OF MEDICINAL PRODUCTS.

The container of all medicinal products imported, manufactured, processed or packed locally or sold or exposed for sale shall have a label whereon the following information shall be clearly indicated:-

(a) the generic, official or approved non-proprietary name found in official pharmacopoeias or formularies; and

(b) the brand name (where available); and

(c) active ingredient(s) giving generic, official or approved non-proprietary name where available –

(i) the amount in which each ingredient is present in each dosage unit; and

(ii) an indication of the net content; and

(d) mode of administration or use; and

(e) recommend storage conditions; and

(f) warnings and precautions that may be necessary; and

(g) the date of manufacture; and

(h) the date of expiry; and

(i) the batch number assigned by the manufacturer; and

(j) the name and address of the manufacturer.

43. MANNER OF LABELLING OF MEDICINAL PRODUCT.

(1) Subject to the other provisions of these regulations, every label that is required by these regulations to be borne on a container shall –

(a) be conspicuously written in English and for each statement separately required, be in uniform colour contrasting strongly with a uniform background; and

(b) be legibly and durably marked on material firmly and securely attached to the container; and

(c) be of such nature and material that will not face to the extent of becoming illegible, or become detached under normal storage conditions; and

(d) be in a position that it will not readily be defaced in the course of normal handling and use; and

(e) be in such a position that is not damaged; defaced, destroyed, or removed when the container is opened.

(2) Every medicinal product sold or intended for sale, for external use shall bear on the label of it container –

(a) directions for use and frequency of use; and

(b) the words “Caution, Not to be taken, or for external use only” or words of similar meaning.

(3) Every medicine for Injection in to human body and contains an antiseptic or preservative shall be labelled with a statement of the nature and amount of antiseptic or preservative.

(4) Any label on a container of a medicinal product dispensed with reference to the needs of a particular patient shall contain the following: –

(a) the name and the strength of the product; and

(b) the name of the patient; and

(c) the name and address of the pharmacy which dispensed the medicinal product; and

(d) in the case of a medicinal product for internal use, the dose and frequency of dose or as directed by the prescriber; and

(e) in the case of a medicinal product for external use, a statement of the directions for use and frequency of use and one of the following statements, or words of similar meaning “Caution: Not to be taken”, or “For External Use Only”; and

(f) the words “KEEP OUT OF THE REACH OF CHILDREN”.

44. LABELLING OF COSMETICS.

The container of all cosmetics imported, manufactured, processed or packed locally or sold or exposed for sale shall have a label whereon the following information shall be clearly indicated: –

(a) the name of the cosmetic; and

(b) a declaration of the net content; and

(c) adequate direction for the safe use; and

(d) any warning, caution or special directions for use; and

(e) the batch number of the product; and

(f) the manufacturing licence number and the name and address of the manufacturer; and

(g) the manufacturing date and the expiry date.

45. LABELLING OF MEDICAL DEVICES.

The container of all medical devices imported, manufactured locally or sold or exposed for sale shall have a label whereon the following information shall be clearly indicated:-

(a) the trade name of the medical device; and

(b) the appropriate quantitative particulars; and

(c) adequate direction for the safe use; and

(d) any warning, caution or special directions for use; and

(e) the batch number of the product; and

(f) the manufacturing licence number and the name and address of the manufacturer.

46. PACKING OF MEDICINAL PRODUCT.

(1) The following are requirements of containers used for packing of medicinal products: –

(a) any container either glass or plastic that is used in the packaging of a medicinal product shall comply with all the tests for that type of container specified in the British Pharmacopoeia or some other reference; and

(b) any container used in the packing of medicinal product and made of metal shall be impermeable to moisture; and

(2) Every container used in the packing of a medicinal product and made of metal or plastic shall be made of a material that will not adversely react with the content of the container.

PART 6. – ADVERTISEMENTS.

47. ADVERTISEMENTS FOR MEDICINAL PRODUCTS.

(1) This section does not apply to advertisements directed exclusively to –

(a) medical practitioners, psychologists, dentists, veterinary surgeons, pharmacists, physiotherapists, dieticians, scientists working in medical laboratories or nurses; or

(b) persons who are –

(i) engaged in the business of wholesaling therapeutic good; or

(ii) purchasing officers in hospitals; or

(iii) herbalists, homeopathic practitioners, naturopaths and nutritionists.

(c) any advertisement for a medicinal product that the Health Department with agencies or non governmental organisations acting in conjunction with Health Department policies and programmes.

(2) The Minister shall issue an exemption under Section 4(1) of the Act that exempts contraceptives supported and encouraged by Health Department policies from the restriction on advertising for medicines and devices preventing contraception Section 31(2)(b)(ii) of the Act.

(3) Every advertisement for a medical product, other than a label or a price list shall include a statement of the active ingredient in the medicinal product.

(4) Only those medical claims documented in the application for medicinal product licence can be included in advertisements for medicinal products.

(5) Quasi medicines or herbal or traditional medicines shall not be advertised.

48. ADVERTISEMENTS FOR COSMETICS.

Every advertisement for a cosmetic, other than a label or a price list, shall include a statement of the uses of the product and a statement of the appropriate precautions to be taken in the use of the cosmetic.

49. ADVERTISEMENT FOR MEDICAL DEVICES.

Every advertisement for a medical device, other than a label or a price list, shall include, where appropriate the following: –

(a) an accurate description of the medical device; and

(b) a statement of the uses of the medical device; and

(c) a statement of the appropriate precautions to be taken in the use of the medical device; and

(d) a statement of any contraindication in the use of medical device.

50. CLASSIFICATION OF MEDICINAL PRODUCTS.

(1) The Minister may from time to time establish, maintain, review and publish the list of Prescription only medicine, Pharmacy only medicine and Over the Counter medicine.

(2) All medicinal product specified in Schedule 3 to these regulations are hereby declared to be Prescription only medicines.

(3) All medicinal product specified in Schedule 4 to these regulations are hereby declared to be Pharmacy only medicines.

(4) All medicinal product specified in Schedule 5 to these regulations are hereby declared to be over the counter medicines.

PART 7. – INSPECTION.

51. QUALIFICATIONS OF INSPECTORS.

(1) A person who is appointed as an Inspector under the Act shall be a person who has a degree in Pharmacy or similar qualification from a University established in Papua New Guinea by law or any other recognised institution.

(2) Duration of Inspectors permits. An Inspectors permit issued under these regulations is valid for a period of five (5) years unless suspended or revoked by the licensing authority.

(3) Revoking of Inspectors permit. The Licensing Authority shall suspend or revoke an inspector’s permit if he –

(a) fails to perform his duties under these regulations to the satisfaction of the licensing authority; or

(b) is found guilty of an offence by a court of law in Papua New Guinea.

52. DUTIES AND POWERS OF INSPECTORS.

(1) Subject to the instructions of the Licensing authority, it shall be the duty of a certified inspector to inspect a manufacturer, wholesaler, retailer, importer and exporter of medicinal products.

(2) An inspector shall –

(a) inspect all establishments licensed for the sale of medicinal product within the area assigned to him; and

(b) satisfy himself that the conditions of the licences are being observed; and

(c) procure and send for test or analysis, if necessary, imported packages which he has reason to suspect contain medicinal product being sold or stocked or exhibited for sale; and

(d) procure and send for testing any medicinal product which he thinks is not of standard quality; and

(e) investigate any complaint in writing which may be made to him; and

(f) institute prosecutions in respect of breaches of the Act and regulations thereunder; and

(g) maintain a record of all inspections made and action taken by him in the performance of his duties, including taking samples and the seizure of stocks and to submit copies of such records to the controlling authority; and

(h) make such enquires and inspections as may be necessary to detect the sale of drugs in contravention of the Act –

(i) the premises in or from which the medicinal product are dispensed, sold or supplied; and

(ii) the stock, equipment and contents of the premises; and

(iii) the Prescription Book and all records of prescriptions, medicinal product dispensed, sold or supplied in or from the premises, and to take copies of, or extracts from, any book or record in relation to anything referred to in Paragraph (a); and

(i) provide professional advice to licence holders and potential licence holders on pharmaceutical requirements.

(3) A person to whom this section applies shall not –

(a) fail to answer a question; or

(b) give a false answer to a question by an authorised person on any item or aspect referred to in Paragraph (h).

53. PROHIBITION OF DISCLOSURE OF INFORMATION.

An inspector shall not disclose to any person any information acquired by him except for the purpose of official business under the direction of the Departmental Head or when required by a court of law.

54. TAKING OF SAMPLES FOR TESTING.

(1) When an Inspector takes a sample of any medicinal product for testing he must give the person from whom the sample was taken, a notice setting out the details of the products taken.

(2) An inspector in Subsection (1) shall ensure that the sample is appropriately packed, sealed, stored and transported as per the directions on the label and as soon as practicable submit the samples to the Analyst for testing.

PART 8. – MISCELLANEOUS.

55. QUALIFICATIONS OF ANALYST.

A person who is appointed as an Analyst under the Act shall be a person who has a degree in Pharmacy or similar qualifications from a University established in Papua New Guinea by law or any other recognised institution with a minimum of 2 years experience in testing of Pharmaceutical products in any reputed Quality Control Laboratory.

56. DUTIES OF ANALYST.

In addition to the other powers and functions of an official analyst, an official analyst may –

(a) upon receipt of a sample, determine the tests that are to be performed on the sample; and

(b) determine whether the sample needs to be forwarded to any other approved laboratory overseas for special tests; and

(c) determine whether the sample is appropriately packaged, fastened and sealed; and

(d) if the sample is appropriately packaged store the sample under secure conditions that are appropriate to the kind of goods; and

(e) examine the label and package of the product to determine whether the medicinal products comply with the labelling and packaging requirements; and

(f) determine whether the medicinal product label provides appropriate and clear instructions for use; and

(g) as soon as practicable and within the available facilities carry out all the relevant tests to establish the quality of the sample and to determine whether the medicinal products comply with the standards specified in the labels; and

(h) examine medicinal product suspected to be of questionable efficacy or safety, and to demonstrate and document any evidence of deterioration, contamination, or adulteration; and

(i) check the stability of the medicinal products under local conditions of storages; and

(j) furnish a report of the results of the analysis to the licensing authority.

57. CERTIFICATE OF GOVERNMENT ANALYST.

(1) The analyst should review the results as soon as possible after all the tests have been completed to determine whether the medicinal product meets the specification stated on the label.

(2) After recording all conclusions the analyst shall issue a certificate of analysis.

(3) The analyst must send a copy of the certificate, signed by the analyst to the licensing authority, a copy to the Inspector and a copy to the person from whom the samples were taken, within a reasonable time.

58. APPOINTING A LABORATORY FOR TESTING.

The licensing authority shall for the purposes of these Regulations appoint a laboratory for testing the medicinal products either within the country or overseas until such time the Department establishes its own laboratory, for testing and evaluation of medicinal products.

59. THE REQUIREMENTS WITH RESPECT TO LEAFLETS RELATING TO MEDICINAL PRODUCTS.

(1) The medicinal product information should include all necessary information on the proper use of the product –

(a) name of the medicinal product; and

(b) quantitative list of active ingredients; and

(c) dosage form; and

(d) indicating –

(i) dosage; and

(ii) mode of administration; and

(iii) duration of use, where appropriate; and

(iv) adverse effects if any; and

(v) over dosage information; and

(vi) contraindications, warnings, precautions and drug interactions used in pregnancy and lactation; and

(2) The languages shall be one of the three national languages, either English, Motu or Pidgin.

SCHEDULE 1 – .
FEES FOR LICENCES.

SCHEDULE 2 – .
PHARMACY REGISTRATION APPLICATION FORM.

SCHEDULE 3 – .
PRESCRIPTION ONLY MEDICINES.

SCHEDULE 4 – .
PHARMACY ONLY MEDICINESS.