[excerpts]

HEALTH (FAMILY PLANNING) ACT, 1979

Control of sale and supply of contraceptives.

4.(1)A person shall not sell contraceptives unless-

(a)the sale is in accordance with regulations for the purposes of this subsection relating to the sale of contraceptives, and

(b)(i) he is, or is a servant or agent acting as such of, a pharmaceutical chemist, or a dispensing chemist and druggist, who keeps open shop for the compounding and dispensing of medical prescriptions in accordance with the provisions of the Pharmacy Acts, 1875 to 1977, and the sale is made at the place where he keeps open shop or he is such a pharmaceutical chemist, or dispensing chemist and druggist, as aforesaid, and the sale is made, in connection with the service provided by the person in keeping such open shop as aforesaid, at a place where family planning services are made available under section 3 of this Act, and

(ii) the person to whom the contraceptives are sold is named in a prescription or authorisation in writing for the contraceptives of a registered medical practitioner and is a person who, in the opinion of the practitioner formed at the time of the giving of the prescription or authorisation, sought the contraceptives for the purpose,bona fide, of family planning or for adequate medical reasons and in appropriate circumstances and the prescription or authorisation bears an indication that it is given for the purposes of this Act, or

(c)(i) he is, or is a servant or agent acting as such of, a person who holds a licence granted to him under section 5 or 6 of this Act and for the time being in force and the sale is in accordance with the licence, and

(ii) the sale is to a person specified in subparagraph (i) of paragraph (b) of this subsection.

(2)A registered medical practitioner may, for the purposes of this Act, give a prescription or authorisation for a contraceptive to a person if he is satisfied that the person is seeking the contraceptive,bona fide, for family planning purposes or for adequate medical reasons and in appropriate circumstances and, where a prescription or authorisation of a registered medical practitioner in relation to a contraceptive bears an indication that it is given for the purposes of this Act, it shall be conclusively presumed, for the purposes of this section, that the person named in it is a person who, in the opinion of the practitioner formed at the time of the giving of the prescription or authorisation, sought the contraceptive for the purpose,bona fide, of family planning or for adequate medical reasons and in appropriate circumstances.

(3)A person shall not supply contraceptives otherwise than by way of sale under and in accordance with this section.

(4)A person who contravenes this section, or regulations for the purposes of this section, shall be guilty of an offence.

Control of importation of contraceptives.

5.(1) A person shall not import contraceptives into the State unless-

(a) they are part of his personal luggage accompanying him when he is entering the State and their quantity is not such as to indicate that they are not solely for his own use, or

(b) he is, or is the servant or agent acting as such of, a person who holds a licence granted to him under this section and for the time being in force and the importation is in accordance with the licence.

(2)(a)Subject to paragraph (b) of this subsection, the Minister may, on the application in writing of a person therefor and on payment of such fee as may be specified in regulations for the purposes of this subsection, grant to the person a licence authorising the importation of specified quantities of specified contraceptives if-

(i) the Minister is satisfied that the contraceptives are required by the person for sale to persons specified in section 4 (1) (b) (i) of this Act, or

(ii) the person is a person specified in the said section 4 (1)(b)(i).

(b)The Minister may refuse to grant a licence under this section to a person who has been convicted of an offence under this Act or of another offence of such a character that, in the opinion of the Minister, it would be inappropriate that he should hold such a licence.

(3) A licence under this section, if not previously revoked, shall continue in force for such period as the Minister determines and specifies in the licence.

(4)(a)A licence under this section may contain such conditions (if any) as the Minister determines and specifies in the licence.

(b)The Minister may at any time insert a condition into a licence under this section, delete a condition therefrom or amend a condition in the licence.

(c)A person who holds a licence under this section shall comply with the conditions of the licence.

(5) The Minister may revoke a licence under this section if he is satisfied that a condition of the licence is being or has been contravened or if the person to whom it was granted is convicted of an offence under this Act or of another offence of such a character that, in the opinion of the Minister, it is inappropriate that he should continue to hold such a licence.

(6) Contraceptives, the importation of which is not authorised under this section, shall be deemed to be included among the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs Consolidation Act, 1876, and the provisions of that Act (as amended or extended by subsequent Acts) relating to the importation of prohibited goods shall apply accordingly.

(7) A person who contravenes this section, or regulations for the purposes of this section, shall be guilty of an offence.

Control of manufacture of contraceptives.

6.(1) A person shall not manufacture contraceptives unless he is, or is the servant or agent acting as such of, a person who holds a licence granted to him under this section and for the time being in force and the manufacture is in accordance with the licence.

(2)(a)Subject to paragraph (b) of this subsection, the Minister may, in accordance with any regulations for the purposes of this section, on the application in writing of a person therefor and on payment of such fee as may be specified in the regulations, grant a licence authorising the manufacture by the person of contraceptives if the Minister is satisfied that-

(i) the contraceptives will be sold to persons specified in section 4 (1) (b) (i) of this Act, or

(ii) the person is a person specified in the said section 4 (1) (b) (i).

(b)The Minister may refuse to grant a licence under this section to a person who has been convicted of an offence under this Act.

(3) A licence under this section, if it is not previously revoked, shall continue in force for such period as the Minister determines and specifies in the licence.

(4) A licence under this section may contain such conditions (if any), including conditions in relation to standards of manufacture, as the Minister determines and specifies in the licence.

(5) The Minister may at any time insert a condition into a licence under this section, delete a condition therefrom or amend a condition in the licence.

(6) The Minister may revoke a licence under this section if he is satisfied that a condition of the licence is being or has been contravened or if the person who holds it is convicted of an offence under this Act.

(7) A person who holds a licence under this section shall comply with the conditions specified in the licence.

(8) A person who contravenes this section, or regulations for the purposes of this section, shall be guilty of an offence.

Control of advertising and display of contraceptives.

7.(1) A person shall not take any part in, or procure, the publication of an advertisement or notice in relation to contraception or contraceptives, or display, or procure the display of, contraceptives, except to such extent as may be allowed by, and in accordance with, regulations for the purposes of this section.

(2) A person who contravenes this section, or regulations for the purposes of this section, shall be guilty of an offence.