41Prohibition of the sale, &c., of a new drug until it is classified

41 Prohibition of the sale, &c., of a new drug until it is classified

[Section 41 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  *[Section 41 Subsection (1) amended by No. 27 of 1984, s. 48 and Sched. 1 ]*A person shall not –

(a) sell or supply a new drug; or

(b) cause, permit, or suffer a new drug to be sold or supplied –

to another person before an order under section 15 adding that drug to a schedule to the Poisons List has been made and has taken effect.

Penalty:  Fine not exceeding 10 penalty units.

(2)  [Section 41 Subsection (2) amended by No. 27 of 1984, s. 17 ] Subsection (1) does not apply to or in relation to a new drug in respect of which the Minister has, pursuant to section 40 (5) , notified the person by whom an application under that section has been made that the drug does not need to be specified in a schedule to the Poisons List.