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Medicines Act 1981

Dealings with medicines and medical devices

18: Sale of medicines by retail

You could also call this:

"Rules for Selling Medicines in Shops and Other Places"

Illustration for Medicines Act 1981

You can't sell some medicines without a prescription from an authorised prescriber, a veterinarian, or a delegated prescriber. You need to follow the rules when selling medicines. Some medicines can only be sold by a pharmacist in a pharmacy or hospital. You are not allowed to sell prescription medicines unless you are a pharmacist or you have a special permission. You can't sell medicines from house to house or in a public place without a licence. You also can't sell medicines using an automatic vending machine or by auction. If you break these rules, you might get a fine or go to prison. The rules are in place to keep you safe when buying medicines. You should only buy medicines from people who are allowed to sell them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM55039.

Topics:
Health and wellbeing > Public healthHealth and wellbeing > Healthcare servicesMoney and consumer rights > Consumer protection
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17: Manufacturers, wholesalers, packers of medicines, and operators of pharmacies to be licensed, or

"People making or selling medicines must have a licence"

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19: Administering prescription medicines, or

"Following a doctor's instructions when giving prescription medicines"

Part 2Dealings with medicines and medical devices

18Sale of medicines by retail

  1. Except as provided in sections 25, 27, and 30 to 33, or as may be permitted by regulations made under this Act, no person shall, in the course of any business carried on by that person, sell by retail, or supply in circumstances corresponding to retail sale, or distribute by way of gift or loan or sample or in any other way,—

  2. any prescription medicine unless—
    1. the medicine is sold, supplied, or distributed by a pharmacist in a pharmacy or hospital; or
      1. the medicine is supplied in accordance with a standing order by a person who is authorised to supply and administer any specified class or description of prescription medicine under that standing order; or
        1. any restricted medicine unless the medicine is sold, supplied, or distributed by a pharmacist in a pharmacy or hospital; or
          1. any pharmacy-only medicine unless the medicine is sold, supplied, or distributed by—
            1. a person under the supervision of a pharmacist in a pharmacy or a hospital; or
              1. a person who sells, supplies, or distributes the medicine in any shop described in section 51(2) and in accordance with a licence issued under Part 3.

              2. No person may sell by retail any prescription medicine otherwise than under a prescription given by an authorised prescriber, a veterinarian, or a delegated prescriber.

              3. No person may supply, in circumstances corresponding to retail sale, any prescription medicine otherwise than—

              4. under a prescription given by an authorised prescriber, a veterinarian, or a delegated prescriber; or
                1. in accordance with a standing order.

                  1. Despite subsections (2) and (2A), a person may sell by retail, or supply, in circumstances corresponding to retail sale, any prescription medicine, where permitted by section 25 or section 30 or section 31 or section 69 or by regulations made under this Act.

                  2. Except as may be permitted by regulations made under this Act, no person shall hawk any prescription medicine or restricted medicine or pharmacy-only medicine—

                  3. from house to house; or
                    1. in any public place within the meaning of section 2 of the Summary Offences Act 1981,—
                        1. otherwise than pursuant to any authority to do so expressly conferred by a licence held by him under Part 3, and in accordance with any conditions or restrictions specified in the licence.

                      1. Except as may be permitted by regulations made under this Act, no person shall sell any medicine by means of an automatic vending machine or by auctioning the medicine.

                      2. Every person who sells or supplies or distributes a prescription medicine in contravention of subsection (1) commits an offence and is liable to imprisonment for a term not exceeding 6 months or a fine not exceeding $40,000.

                      3. Every person commits an offence against this Act who contravenes any of the provisions of this section (otherwise than in circumstances that constitute an offence against subsection (5)).

                      Compare
                      • 1960 No 97 ss 8(1), (4), 9, 13(1)
                      • 1969 No 7 ss 18, 39(6)
                      • 1969 No 44 s 3
                      • SR 1964/64 rr 12, 65
                      • Medicines Act 1968 ss 52–54 (UK)
                      Notes
                      • Section 18(1)(a): substituted, on , by section 6(1) of the Medicines Amendment Act 2003 (2003 No 50).
                      • Section 18(1)(aa): repealed, on , by section 6(1) of the Medicines Amendment Act 2003 (2003 No 50).
                      • Section 18(1)(b): substituted, on , by section 6(1) of the Medicines Amendment Act 2003 (2003 No 50).
                      • Section 18(1)(c): substituted, on , by section 6(1) of the Medicines Amendment Act 2003 (2003 No 50).
                      • Section 18(2): substituted, on , by section 4(2) of the Medicines Amendment Act 1999 (1999 No 117).
                      • Section 18(2): amended, on , by section 9 of the Medicines Amendment Act 2013 (2013 No 141).
                      • Section 18(2A): inserted, on , by section 4(2) of the Medicines Amendment Act 1999 (1999 No 117).
                      • Section 18(2A)(a): amended, on , by section 9 of the Medicines Amendment Act 2013 (2013 No 141).
                      • Section 18(2B): inserted, on , by section 4(2) of the Medicines Amendment Act 1999 (1999 No 117).
                      • Section 18(3)(b): substituted, on , by section 4(3) of the Medicines Amendment Act 1999 (1999 No 117).
                      • Section 18(5): amended, on , by section 6(2) of the Medicines Amendment Act 2003 (2003 No 50).