Medicines Act 1981

Enforcement

70: Analysis of sample and certificate of analyst

You could also call this:

"Testing a medicine sample and getting a report on the results"

Illustration for Medicines Act 1981

When a sample is analysed, the analyst must fill out a certificate in a special form. You need to know that the analyst has to use a certain method to analyse the sample if one is prescribed. The analyst must sign the certificate, but someone else can do the actual analysis. If an officer takes a sample, you can get a copy of the analyst's certificate if you pay a fee. You can get a copy of the report if there is no certificate. If someone publishes an advertisement about a medicine or device that says it has been analysed, they can get in trouble if they are not telling the truth. The analyst must follow the rules and use the right method to analyse the sample. You must not publish false information about a medicine or device that says it has been analysed. This is against the law and you can get in trouble.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM56063.

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69: Procuring samples for analysis, or

"Paying for samples to test medicines"


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71: Evidence of analysis, or

"Using a special report as proof in court about medicine tests"

Part 5Enforcement

70Analysis of sample and certificate of analyst

  1. The certificate of the analyst shall be in the prescribed form.

  2. Where any method of analysis of any substance or article is prescribed, an analyst shall use that method and shall declare in his certificate of analysis that he has done so.

  3. Any certificate of the result of an analysis given by an analyst in pursuance of this section shall be signed by the analyst, but the analysis may be made by any person acting under the direction of the analyst.

  4. When any sample is procured by an officer under this Act and submitted for analysis, the person from whom the sample was procured, or the manufacturer or importer of the substance or article, may, on payment of the prescribed fee, obtain a copy of the analyst's certificate or, if there is no such certificate, a copy of the report made by the analyst in respect of the sample.

  5. Repealed
  6. Every person commits an offence against this Act who publishes or causes to be published any advertisement relating to any medicine or medical device which states that the medicine or medical device has been analysed by an analyst under this Act, or quotes or purports to quote the findings of any analyst under this Act in relation to the medicine or medical device, whether or not those findings are given in any certificate or report prepared for the purposes of this Act.

Compare
  • 1969 No 7 s 25
  • 1979 No 27 s 55
Notes
  • Section 70(5): repealed, on , by section 25(1) of the Official Information Amendment Act 1987 (1987 No 8).