Section 2
Interpretation
(1)
In this Act, unless the context otherwise requires —
“administration” means giving or applying to a human being or an animal, whether orally, by injection or by introduction into the body in any other way, or by external application, whether by direct contact with the body or not; and any reference in this Act
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to administering a substance or article is a reference to administering it either in its existing state or after it has been dissolved or dispersed in, or diluted or mixed with, some other substance used as a vehicle;
“analysis” includes micro-biological assay;
“animal” includes any bird, fish, reptile or amphibian;
“Authority” means the Brunei Darussalam Medicines Control
Authority established under section 5;
“clinical trial” means an investigation or series of investigations on persons conducted by or under the direction and supervision of persons with scientific training or experience for the purpose of finding out about, or determining the safety, effectiveness and other effects of any product;
“clinical trial import licence” has the meaning ascribed to it by sections 11 and 15, and includes any provisional licence under section 17;
“composition”, in relation to a medicinal product, means the ingredients of which it consists and the proportions, and the degrees of strength, quality and purity, in which those ingredients are respectively contained in it;
“container”, in relation to a medicinal product, means the bottle, jar, box, packet or other receptacle which contains or is to contain it, not being a capsule, cachet or other article in which the product is or is to be administered, and where any such receptacle is or is to be contained in another such receptacle, includes the former but does not include the latter receptacle;
“contract manufacturer” means any person who manufactures any product on the order of another person to whom a manufacturer’s licence has been issued under section 15.
“cosmetic product” means any substance or preparation intended to be placed in contact with the various external parts of the human body (epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance and correcting body odours, protecting them or keeping them in good condition or all or any of those purposes;
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“dentist”
means a dentist registered under the
Medical Practitioners and Dentists Act (Chapter 112);
“disease” includes any injury, ailment or adverse condition, whether of body or mind;
“herbal remedy” means a medicinal product consisting of a substance produced by subjecting a plant or plants to drying, crushing or comminuting or other process, or of a mixture whose ingredients are two or more substances so produced, or of a combination of such mixture with water or such other inert substances as the Authority may, by notification published in the
Gazette, specify;
“homeopathic medicine” means any pharmaceutical dosage form used in the homeopathic therapeutic system in which diseases are treated by the use of minute amounts of such substances which are capable of producing in healthy persons symptoms similar to those of the disease being treated;
“hospital” includes any institution for the reception and treatment of the sick and designated as a hospital by the Minister for the purposes of this Act;
“import licence” has the meaning ascribed to it by sections 11
and 15, and includes any provisional licence under section 17;
“indigenous medicine” means a system of treatment and prevention of disease established through traditional use of naturally occurring substances;
“ingredient”, in relation to manufacture or preparation of a product, includes any substance of that product as manufactured or prepared;
“inspector” means an inspector appointed under section 58(1);
“labelling”, in relation to a container or package of medicinal products, means affixing to or otherwise displaying on it a notice describing or otherwise relating to the contents;
“licence” means a licence issued under this Act;
“licensed importer” means a person to whom an import licence has been issued under this Act;
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“licensed manufacturer”
means a person to whom a manufacturer’s licence has been issued under this Act, and includes a contract manufacturer;
“licensed wholesaler” means a person to whom a wholesaler’s licence has been issued under this Act;
“leaflets” include any written information;
“manufacture”, in relation to any product includes —
(a)
the making or assembling of the product;
(b)
the enclosing or packing of the product in any container in a form suitable for administration or application, and the labelling of the container; and
(c)
the carrying out of any process in the course of any of the foregoing activities, but does not include dissolving or dispersing the product in, or diluting or mixing it with, some substance used as a vehicle for the purpose of administering it;
“manufacturer’s licence” has the meaning ascribed to it by sections 11 and 15, and includes any provisional licence under section 17;
“medical practitioner” means a medical practitioner registered under the Medical Practitioners and Dentists Act (Chapter 112);
“medicinal product” has the meaning ascribed to it by section 4;
“medicine” means any substance or combination of substances presented for treating or preventing disease in human beings or animals. Any substance or combination of substances which may be administered to human beings or animals with a view to making a medical diagnosis or to restoring, correcting or modifying physiological functions in human beings or in animals is likewise considered a “medicine”;
“midwife” means a midwife registered under the Midwives Act
(Chapter 139);
“Minister” means the Minister of Health;
“nurse” means a nurse registered under the Nurses Registration
Act (Chapter 140);
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“pharmacist”
means a person registered under the
Pharmacists Registration Order, 2001 (S 21/2001);
“plant” includes any part of a plant;
“practitioner” means a medical practitioner, dentist or veterinary surgeon;
“product licence” has the meaning ascribed to it by sections 11
and 15, and includes any provisional licence under section 17;
“registered medicinal product” means a product registered in accordance with the provisions of this Act;
“registered pharmacy” means premises entered in the register under section 39(1);
“retail pharmacy business” means a business (not being a professional practice carried out by a practitioner) which consists of or includes the retail sale of medicinal products other than medicinal products on a general sale list;
“retail sale”, in relation to a medicinal product, has the meaning ascribed to it by subsection (2)(b);
“sell” includes barter, and also includes offering or attempting to sell, or receiving for sale, or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered or exposed for sale;
“substance” means any natural or artificial substance whether in solid or liquid form or in the form of gas or vapour;
“supply” includes having in possession for the purpose of supply;
“treatment”, in relation to disease, includes anything done or provided for alleviating the effects of the disease, whether it is done or provided by way of cure or not;
“traditional medicine” means any product used in the practice of indigenous medicine, in which the medicine consist solely of one or more naturally occurring substances of a plant, animal or mineral, of parts thereof, in the unextracted or crude extract form, and a homeopathic medicine;
“veterinary surgeon” means a person registered under the
Veterinary Surgeons Order, 2005 (S 30/2005);
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“wholesale dealing”, in relation to a medicinal product, shall have the meaning ascribed to it under subsection (2);
“wholesaler’s licence” has the meaning ascribed to it by sections 11 and 15, and includes any provisional licence under section 17.
(2)
In this Act, any reference to —
(a)
selling by way of wholesale dealing is a reference to selling to a person who buys it for the purpose of selling or supplying it in the course of a business carried on by that person, except that it does not include any such sale by the person who manufactured it;
(b)
selling by retail, or to retail sale is a reference to selling a substance or article to a person as being a person who buys it otherwise than for a purpose specified in paragraph (a); and
(c)
supplying anything in circumstances corresponding to retail sale is a reference to supplying it, otherwise than by way of sale, to a person as being a person who receives it for a purpose other than that of selling or supplying.