| Izah Azahari |
AS SALES of restricted medicines and cosmetic products at retail outlets and cube stores go unabated, health authorities warned that they will impose hefty fines on errant businesses that violate laws.
Government agencies tasked with enforcing the Medicines Order 2007 reminded that prosecutors will not think twice in taking action against anyone who breaks the law.
The move to crack down on illegal sale of medicines and cosmetic products was announced in a press conference organised by the Ministry of Health (MoH) through its Department of Pharmaceutical Services, in cooperation with several agencies including the Royal Customs and Excise Department, the Royal Brunei Police Force (RBPF) and the Attorney General’s Chambers (AGC), at the MoH building yesterday.
The joint media conference on ‘Enforcement against the Sale of Prohibited Medicinals and Cosmetic Products at Business Premises and on Social Media under the Medicines Order, 2007’ was chaired by Pengiran Dr Haji Khalifah bin Pengiran Haji Ismail, Director General of Medical and Health Services.
The MoH said it will continuously monitor the health products marketed in the country with the aim of ensuring the health and safety of the public, while urging health product businesses including cube and Internet businesses, to act responsibly and be careful in choosing products to market, in support of the efforts of the government.
Also present at the media conference to represent their respective agencies were Christopher Ng Ming Yew and Dayangku Hazirah binti Pengiran Mohd Yusof from AGC; Senior Superintendent Haji Mohd Fadzillah bin Haji Ismail from the RBPF; Haji Amran bin Haji Ibrahim from the Royal Customs and Excise Department; and Hajah Rosni binti Haji Jair, Acting Head at the Department of Pharmaceutical Services.
Dr Pengiran Haji Khalifah explained that in the ministry’s efforts to control the sale of medicinal products, traditional medicines and cosmetic products in the country more effectively, the Drug Administration Section (DAS) was established under the Medicines Order, 2007. Among the functions of DAS is to approve the registration and release of specific licences for each product type.
Dr Pengiran Haji Khalifah also said that the Medicines Order 2007 regulates the importation, registration, promotion, clinical trial, transportation, manufacture, storage, dispensing and sale of medicine and cosmetic products. The main objective of the provisions under the Order is to ensure that medicine and related products marketed and used in Brunei Darussalam are safe, of good quality and effective.
Enforcements of the Medicines Order have been made including the notification procedure for cosmetic products implemented on June 3, 2008 whereby all cosmetic products must be notified before being marketed in the country; a registration system for medicine products established on July 1, 2012 which makes it mandatory for each product to be registered before marketed in the country; importation licence for companies handling the importation of medicine products; manufacturing licence for companies handling medicine production; and wholesaler licence for companies involved in wholesale marketing of medicine products.
The Department of Pharmaceutical Services holds a number of mechanisms in controlling the sale of products such as carrying out scheduled as well as sudden checks on business premises such as supermarkets, retail outlets, cube shops, beauty and health premises, and so on, with the authority provided under Section 58 of the Medicines Order. In 2017, a total of 471 business premises of various types nationwide were inspected.
In addition, the department also carries out joint checking operations with the RBPF, the Royal Customs and Excise Department, the Bandar Seri Begawan Municipal Board Law Enforcement Division, Control Branch Unit, the Narcotics Control Bureau, and the Food Quality and Safety Division at premises that include shops, warehouses, expo and trade exhibitions that sell medicine products, traditional medicine, health supplement products, cosmetic products and controlled substances as well as at border control posts. In 2017, the department participated in 28 operations along with other relevant agencies.
The conference also saw representatives from the AGC explaining about fines mentioned in the Medicines Order 2007, where it is an offence to import, sell or market a medicine product without the appropriate licence and individuals can be sentenced to a fine of B$5,000, two years’ imprisonment, or both. If individuals are found to publish false or confusing advertisements or representations related to the medicine products, it is an offence under Section 52 of the Medicines Order 2007, and they can be fined $5,000, imprisoned for not more than two years, or both.
Health product sellers are reminded that it is an offence under the Poison Act, Chapter 114 to sell any product containing restricted substances which carries a fine of B$8,000, or imprisonment for six months.
Moreover, if an individual commits negligence which may be harmful or may endanger the life of a human being, he/she is liable to a fine of B$16,000 and 12 years’ imprisonment, if found guilty.
It is also an offence under the Medicines Order (Cosmetics Products) 2007 to import and market cosmetics products locally without the Letter of Recognition of Cosmetic Product Notice issued by the authorities at the Ministry of Health.
Also, under Section 11 of the Medicines Order (Cosmetics Products) 2007, it is an offence to advertise a cosmetic product that claim that it has therapeutic benefits, or a claim that would create misstatement of the content, quality and safety of the product. The offence, if found guilty, carries a fine of B$5,000, imprisonment of not more than two years, or both, while giving false information or explanation under the Medicines Order 2007 can lead to a fine of not more than B$5,000, imprisonment for not more than two years, or both.
Meanwhile, the AGC reminded the public that it takes a serious view on anyone who hinders civil servants in carrying out their duties as required under the law, and if guilty of doing so, they can be fined B$2,000, imprisoned for up to three months, or both. Those found guilty of threatening physical harm will be imprisoned for up to five years, and fined according to Section 186 and 189 of the Penal Code (Chapter 22).
The Royal Customs and Excise Department said it plays a key role in monitoring health or cosmetics products that come into the country and ensuring that they have approval or permit from the Pharmaceutical Unit of the Ministry of Health.
Any product imported without valid approval or permit will be confiscated by issuing a Notice of Seizure (NoS) and the importer will be given a month’s time to get approval from the MoH to claim their products, and if the importer fails to do so, the item will be destroyed according to the department’s procedure.
Moreover, the department always strives to improve its control and examination system at every control post to prevent smuggling of restricted and prohibited health and cosmetics products. It is always fully committed in giving cooperation to other agencies of authority in carrying out examinations at business premises to ensure products sold are valid in terms of importation.
The MoH also advised the public to be aware of the products that are to be used and to ask for doctors’ or pharmacists’ advice if they needed to take a health product as well as to ensure that the product has approval from the ministry.
It also urged the public to report to the Department of Pharmaceutical Services, if they found any restricted products being sold in the country.