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Medicines Act 1981

Enforcement

82: Liability of persons named on labels

You could also call this:

"What happens if your name is on a medicine label and something goes wrong"

Illustration for Medicines Act 1981

If you sell or give someone a medicine or medical device in its original container, you might be liable for it. You could be seen as the person who made, imported, or packed it if your name is on the label. You will be liable if you cannot prove otherwise. If you are charged with an offence, you might have a defence if you can prove the medicine or device was okay when it left your possession. You can also use this defence if someone altered the container or label after it left your possession. You must tell the prosecutor within 7 days that you want to use this defence. Some offences are exempt from this rule, such as those against section 17 or section 18. You will not be liable for these offences even if your name is on the label. This rule helps keep people safe by making sure medicines and devices are handled properly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM56082.

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Topics:
Consumer protection > Product labelingBusiness > Industry rules
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Part 5Enforcement

82Liability of persons named on labels

  1. If any medicine or medical device is sold or supplied in the container in which it was enclosed when purchased by the person who sells or supplies the substance or article, and which has not since that purchase been opened by that person or any agent or employee of that person, every person who appears from any statement or label on or attached to the container to be—

  2. the person who has manufactured, imported, or packed the medicine or medical device; or
    1. the person who is the owner of the rights of manufacture of the medicine or medical device, or who has packed it; or
      1. the agent of any such person,—
          1. shall, unless he proves the contrary, be deemed to have so manufactured, imported, or packed the medicine or medical device, or, as the case may require, to be the agent of such a person, and shall be liable in the same manner and to the same extent as if he had actually sold or supplied the medicine or medical device at the time and place at which the sale or supply was made, and, if that sale or supply involved the commission of an offence against this Act, he shall be deemed to be a party to that offence.

        1. Subject to subsection (3), it shall be a defence in a prosecution under subsection (1) if the defendant proves—

        2. in the case of a prosecution relating to the condition of a medicine or medical device, that when the container left his possession, the medicine or medical device was in such a condition that its sale or supply then would not have involved the commission of the offence with which he is charged; or
          1. in the case of a prosecution relating to manufacture, packing, or labelling, that the offence with which he is charged arises from an alteration made to the container or labelling since the container left his possession.

            1. Subsection (2) shall not apply unless, within 7 days after the service of the summons, or within such further time as the court may allow, the defendant has delivered to the prosecutor a written notice—

            2. stating that he intends to rely on subsection (2); and
              1. identifying the person to whom the defendant consigned or delivered the medicine or medical device or explaining why the defendant is unable to identify that person.

                1. Nothing in subsection (1) shall apply in respect of any offence against section 17 or section 18.

                Compare
                • 1969 No 7 s 33