PART 6 | DUTIES AND OBLIGATIONS OF MANUFACTURERS, IMPORTERS, ETC., OF THERAPEUTIC PRODUCTS |
| Division 1 — General duties |
| Duty to comply with enforcement requirements |
30.—(1) An enforcement officer may conduct routine inspections of —| (a) | any premises that are used for the manufacture, supply or storage of therapeutic products; and | | (b) | any conveyance that is being used for the transport of therapeutic products. |
(2) An enforcement officer conducting a routine inspection under paragraph (1) may —| (a) | require any person having possession or control of any therapeutic product that is found during the inspection to furnish, without charge, a sample of such therapeutic product for the Authority’s examination; and | | (b) | take or cause to be taken any photograph of —| (i) | the premises or conveyance mentioned in paragraph (1); or | | (ii) | any property or material found on the premises or in the conveyance. |
|
|
|
| Duty to maintain records of manufacture |
31.—(1) A manufacturer of a therapeutic product, other than a healthcare service licensee, must maintain records of —| (a) | such information relating to the therapeutic product and its manufacture or assembly as the Authority may specify on the Authority’s website or, if the manufacturer is the holder of a manufacturer’s licence, in the manufacturer’s licence; and | | (b) | the manufacture of each batch of the therapeutic product and of the tests carried out on each of such batch, in the manner specified on the Authority’s website or in the relevant licence issued by the Authority (if applicable). [S 436/2023 wef 26/06/2023] |
[S 811/2023 wef 18/12/2023] (2) The manufacturer must maintain for any therapeutic product the records mentioned in paragraph (1) for the longer of the following periods:| (a) | one year after the expiry date of the therapeutic product; | | (b) | 5 years after the date of manufacture of the therapeutic product. |
|
| (3) A manufacturer of a therapeutic product who fails to comply with paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (4) A person who, in compliance or purported compliance with paragraph (1), furnishes the Authority or an enforcement officer with any record which the person knows is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
|
| Duty to maintain records of receipt and supply |
32.—(1) Paragraphs (2) and (3) apply to a person (P) who is —| (a) | a licensee or registrant of a therapeutic product; or | | (b) | the supplier of a therapeutic product in accordance with regulation 47, 49, 51, 58(1)(b), (c) or (d) or 60A(3) or (4). [S 969/2020 wef 01/12/2020] [S 436/2023 wef 26/06/2023] [S 811/2023 wef 18/12/2023] |
(2) P must —| (a) | if P is not the manufacturer of the therapeutic product, maintain a record of every receipt by P of the therapeutic product; | | (b) | maintain a record of every supply by P of the therapeutic product; and | | (c) | produce for inspection by the Authority or an enforcement officer the record of every receipt or supply as and when required by the Authority or enforcement officer. |
|
(3) P must ensure that every record mentioned in paragraph (2) —| (a) | contains, in relation to each receipt by P of the therapeutic product, all of the following information:| (i) | the proprietary name or appropriate non‑proprietary name of the therapeutic product, if the therapeutic product is supplied by a manufacturer, importer or wholesaler, as the case may be; | | (ii) | the date on which the therapeutic product is received; | | (iii) | the name and address of the person from whom the therapeutic product is received; | | (iv) | the quantity of the therapeutic product received; | | (v) | the identification number (including the control number, lot number, batch number or serial number) of the therapeutic product received; |
| | (b) | contains, in relation to each supply by P of the therapeutic product, all of the following information:| (i) | the proprietary name or appropriate non‑proprietary name of the therapeutic product; | | (ii) | the date on which the therapeutic product is supplied; | | (iii) | the name and address of the person to whom the therapeutic product is supplied; | | (iv) | the quantity of the therapeutic product supplied; | | (v) | the identification number (including the control number, lot number, batch number or serial number) of the therapeutic product supplied; and |
| | (c) | is retained for at least 2 years after the date on which the therapeutic product is so supplied to another person. |
|
| (4) A person who fails to comply with paragraph (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (5) A person who, in compliance or purported compliance with paragraph (2) or (3), furnishes the Authority or an enforcement officer with any record which the person knows is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
|
| Duty to maintain records of defects and adverse effects |
33.—(1) Every manufacturer, importer or registrant of a therapeutic product must —| (a) | maintain a record of every event or other occurrence that reveals any defect in the therapeutic product or that concerns any adverse effect arising from the use of the therapeutic product; and | | (b) | produce such record for inspection by the Authority or an enforcement officer as and when required by the Authority or enforcement officer. |
(2) A person mentioned in paragraph (1) must ensure that every record mentioned in that paragraph —| (a) | contains all of the following information:| (i) | the proprietary name or appropriate non‑proprietary name of the therapeutic product which is defective or of which an adverse effect has arisen from its use; | | (ii) | the date on which the person first became aware of the event or occurrence; | | (iii) | the identification number or mark (including the control number, lot number, batch number or serial number) of the therapeutic product; | | (iv) | the nature of the defect or adverse effect; | | (v) | any other information that the Authority may specify in writing; and |
| | (b) | is retained for at least 2 years after the expiry date of the therapeutic product. |
|
| (3) A person who fails to comply with paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (4) A person who, in compliance or purported compliance with paragraph (1) or (2), furnishes the Authority or an enforcement officer with any record which the person knows is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
|
| Duty to report defects and adverse effects |
34.—(1) For the purposes of section 42(1)(a) of the Act, every manufacturer, importer, supplier or registrant of a therapeutic product must, upon becoming aware of any defect in the therapeutic product, report the defect to the Authority —| (a) | if the defect represents a serious threat to persons or public health, within 48 hours; or | | (b) | in all other cases, within 15 days, |
| after the manufacturer, importer, supplier or registrant, as the case may be, first receives notice of the defect. |
| (2) For the purposes of section 42(1)(b) of the Act, every manufacturer, importer, supplier or registrant of a therapeutic product must, upon becoming aware of any serious adverse reaction arising from the use of the therapeutic product, report the serious adverse reaction to the Authority immediately, but in any case no later than 15 days after the manufacturer, importer, supplier or registrant first becomes aware of the serious adverse reaction. |
(3) In this regulation, “serious adverse reaction” means an adverse effect that is unintended and occurs in association with the use or administration of a therapeutic product at doses normally used in humans for prophylaxis, diagnosis or therapy of a disease or for the restoration, correction or modification of a physiological function, and that —| (a) | may result in a person’s death; | | (b) | may threaten a person’s life; | | (c) | results in a person being hospitalised or prolongs a person’s existing stay in hospital; | | (d) | results in a person’s persistent or significant disability or incapacity; | | (e) | results in a congenital anomaly or birth defect; or | | (f) | is judged to be medically important even though the effect might not be immediately life-threatening or result in death or hospitalisation, but may jeopardise the person’s health or may require intervention to prevent the person’s death or one of the other outcomes mentioned in sub-paragraphs (c), (d) and (e). |
|
|
| Duty to notify Authority concerning recall |
35.—(1) For the purposes of section 44(1) of the Act, every manufacturer, importer, supplier or registrant of a therapeutic product who intends to recall a therapeutic product must immediately, but in any case no later than 24 hours before the start of the intended recall, notify the Authority of, and the reasons for, the intended recall.| (2) The notice in paragraph (1) must be made in such form and manner as the Authority may require. |
(3) Where the Authority has been notified of the intended recall of a therapeutic product under paragraph (1), the Authority may by written notice require the manufacturer, importer, supplier or registrant of the therapeutic product to do either or both of the following:| (a) | investigate the matter occasioning the recall of the therapeutic product and provide a report of the findings of the investigation; | | (b) | take such other measures as the Authority thinks necessary. |
|
| (4) A person to whom a notice in paragraph (3) is given must comply with the notice at the person’s own cost and within the time specified in the notice or, if no time is specified in the notice, within a reasonable time after the date of the notice. |
| (5) A person who fails to comply with paragraph (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
|
|
| Division 2 — Duties specific to licensees |
| Duty of licensed manufacturer |
36. Without prejudice to any other provision in this Part, a holder of a manufacturer’s licence for a therapeutic product —| (a) | must ensure, and maintain objective evidence to establish, that the manufacture of the therapeutic product complies with the Pharmaceutical Inspection Convention and Pharmaceutical Inspection Co-operation Scheme Guide to Good Manufacturing Practice for Medicinal Products; | | (b) | must provide and maintain, or ensure the provision and maintenance of, such staff, premises, equipment and facilities as are necessary for carrying out, in accordance with the holder’s licence, such stages of the manufacture of the therapeutic product as are undertaken by the holder; | | (c) | must not carry out any stages of manufacture of the therapeutic product in any premises not specified in the holder’s licence; | | (d) | must provide and maintain, or ensure the provision and maintenance of, such staff, premises, equipment and facilities for the handling and storage of the therapeutic product as are necessary to prevent the deterioration of the therapeutic product while it is in the holder’s ownership, possession or control; | | (e) | must only use the premises specified in the holder’s licence, or such other premises as may be approved from time to time by the Authority, for handling or storing the therapeutic product; | | (f) | must carry out, or arrange for a testing laboratory as specified in the licence to carry out, tests on the strength, quality and purity of the therapeutic product to ensure that the standards of the therapeutic product comply with any applicable standard set by the Authority for the therapeutic product; | | (g) | must conduct all manufacturing operations in such a way as to ensure that the therapeutic product is of the correct identity and conforms with the applicable standards of strength, quality and purity; and | | (h) | must ensure that any tests for determining conformity with the applicable standards and specifications applying to the therapeutic product are, unless otherwise provided in the licence, applied to samples taken after all manufacturing processes have been completed, or at such earlier stage in the manufacture as may be approved by the Authority. |
|
| Duty of licensed importer |
37. Without prejudice to any other provision in this Part, a holder of an importer’s licence for a therapeutic product —| (a) | must ensure, and maintain objective evidence to establish, that the handling and storage of the therapeutic product complies with any standard set out by the Authority on the Authority’s website for the therapeutic product; | | (b) | must provide and maintain, or ensure the provision and maintenance of, such staff, premises, equipment and facilities for the handling and storage of the therapeutic product as are necessary to prevent the deterioration of the therapeutic product while it is in the holder’s ownership, possession or control; and | | (c) | must not use, for any purpose mentioned in paragraph (b), any premises other than the premises specified in the holder’s licence, or such other premises as may be approved from time to time by the Authority. |
|
| Duty of licensed wholesaler |
38. Without prejudice to any other provision in this Part, a holder of a wholesaler’s licence for a therapeutic product —| (a) | must ensure, and maintain objective evidence to establish, that the handling, storage and distribution of the therapeutic product complies with any standard set out by the Authority on the Authority’s website for the therapeutic product; | | (b) | may only supply the therapeutic product by wholesale to a person who may lawfully supply such therapeutic products in accordance with the Act; | | (c) | must provide and maintain, or ensure the provision and maintenance of, such staff, premises, equipment and facilities for the handling, storage and distribution of the therapeutic product as are necessary to prevent the deterioration of the therapeutic product while it is in the holder’s ownership, possession or control; and | | (d) | must not use, for any purpose mentioned in paragraph (c), any premises other than the premises specified in the holder’s licence, or such other premises as may be approved from time to time by the Authority. |
|
39.—(1) A licensee must appoint one or more persons as a responsible person to be named as such in the licence.(2) The licensee must ensure that —| (a) | the responsible person has adequate knowledge of the activities to be carried out and of the procedures to be performed under the licence; | | (b) | the responsible person has relevant working experience relating to those activities and procedures; | | (c) | in the case of a manufacturer’s licence, the responsible person named in the licence has practical experience in production supervision or in testing and checking to ensure the quality of therapeutic products or related health products; | | (d) | in the case of an importer’s licence or wholesaler’s licence for the import or supply of any therapeutic product that is not registered at the request of a qualified practitioner for the use of the qualified practitioner’s patient, the responsible person named in the licence is a qualified pharmacist or such other person as the Authority may approve; | | (e) | in the case of an importer’s licence or a wholesaler’s licence for the import or supply by wholesale of prescription-only medicine or pharmacy-only medicine, the responsible person named in the licence is a qualified pharmacist or such other person as the Authority may approve; and | | (f) | at any time, there is at least one responsible person who is contactable by the Authority by way of a mobile telephone number or an email address. |
|
| (3) The licensee must ensure that the responsible person discharges the duties imposed on such a person by the terms of the licence. |
| (4) The licensee must ensure that no person, other than the person or persons named as the responsible person in the licence, may act as the responsible person. |
|
| Offence for contravention of duties |
| 40. A licensee who fails to comply with regulation 36, 37, 38 or 39 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
| Changes affecting licence |
41.—(1) Every licensee must notify the Authority of —| (a) | any change or proposed change to any particulars furnished by the licensee to the Authority in relation to the application for the licensee’s licence; and | | (b) | any change or proposed change that significantly affects the activities of the licensee that are authorised by that licence. |
(2) A notice under paragraph (1) must —| (a) | be made in such form and manner as the Authority may require; | | (b) | be submitted within such time as the Authority may specify in the conditions of the licence; | | (c) | be accompanied by such particulars, information, documents and samples as the Authority may require; | | (d) | be accompanied by the relevant fee; and [S 458/2022 wef 01/07/2022] | | (e) | if required by the Authority, be accompanied by a statutory declaration by the licensee verifying any information contained in or relating to the notice. |
|
| (3) A licensee must not, without the prior approval of the Authority, make any change that significantly affects the activities of the licensee that are authorised by the licensee’s licence. |
| (4) An application for the Authority’s approval under paragraph (3) must be made in the form and manner specified on the Authority’s website. |
(5) For the purposes of paragraphs (1) and (3), a change that significantly affects the activities of a licensee that are authorised by the licensee’s licence includes a change of one or more of the following:| (a) | the premises where the licensee operates; | | (b) | the facilities and equipment used by the licensee; | | (c) | the operations and processes carried out by the licensee; | | (d) | the responsible person mentioned in regulation 39. |
|
| (6) A licensee who fails to comply with paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
(7) A licensee who —| (a) | in compliance or purported compliance with paragraph (1), furnishes the Authority with any notice under paragraph (1) which the licensee knows is false or misleading; or | | (b) | fails to comply with paragraph (3), |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
|
|
|
| Division 3 — Duties specific to registrants |
| Changes concerning registered therapeutic product |
42.—(1) A registrant of a registered therapeutic product must, unless the change is of a type specified on the Authority’s website to be one for which the Authority’s approval is not required, obtain prior approval from the Authority before effecting —| (a) | any change to any particulars provided in relation to the registration of the therapeutic product; or | | (b) | any change that may affect the quality, safety or efficacy of the therapeutic product. |
(2) An application for the Authority’s approval under paragraph (1) must —| (a) | be made in such form and manner as the Authority may require; | | (b) | be submitted within such time as the Authority may specify in the conditions of the registration of the therapeutic product; | | (c) | be accompanied by such particulars, information, documents and samples as the Authority may require; | | (d) | be accompanied by the relevant fee; and [S 458/2022 wef 01/07/2022] | | (e) | if required by the Authority, be accompanied by a statutory declaration by the registrant verifying any information contained in or relating to the application. |
|
| (3) Where the Authority’s approval is required under paragraph (1), the registrant of the therapeutic product must ensure that no supply is made of the therapeutic product that is subject to the proposed change until after the Authority has given its approval for the change. |
| (4) A registrant of a therapeutic product who fails to comply with paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
(5) A registrant of a therapeutic product who —| (a) | in compliance or purported compliance with paragraph (1), furnishes the Authority with any information under paragraph (1) which the registrant knows is false or misleading; or | | (b) | fails to comply with paragraph (3), |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
|
|
| Information on validity of data submitted to or considered by Authority |
43.—(1) A registrant of a therapeutic product must, within 15 days after receiving any information that adversely affects the validity of any data furnished by the registrant to the Authority relating to the quality, safety or efficacy of any therapeutic product to which the registrant’s registration relates, inform the Authority of such information.| (2) A registrant of a therapeutic product who fails to comply with paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (3) A registrant of a therapeutic product who, in compliance or purported compliance with paragraph (1), furnishes the Authority with any information which the registrant knows is false or misleading, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
|
| Submission of benefit-risk evaluation reports |
44.—(1) The Authority may require any registrant of a therapeutic product to submit, within the timelines specified by the Authority, a benefit-risk evaluation report relating to the therapeutic product.(2) Where the Authority has not specified any timelines within which a benefit-risk evaluation report is required to be submitted, a registrant of a therapeutic product who is required by the Authority to submit such a report must submit the report —| (a) | for an initial period of 2 years, at intervals of 6 months commencing from either the date of registration of the therapeutic product, or its international birth date; and | | (b) | annually, for the next 3 years. |
|
(3) A person who fails to provide a benefit-risk evaluation report —| (a) | as required by the Authority under paragraph (1); or | | (b) | within the timelines stipulated under paragraph (2), |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
|
| (4) In paragraph (2)(a), “international birth date”, for a therapeutic product, means the date of the first marketing approval granted to any person for the sale of the therapeutic product in any country in the world. |
|
| Duty to carry out risk management plan |
45.—(1) The Authority may, for the purposes of minimising risks relating to unsafe and inefficacious use of therapeutic products, direct a registrant of a therapeutic product to implement a risk management plan which includes, but is not limited to, the following:| (a) | producing and distributing educational material; | | (b) | producing and distributing safety information; | | (c) | performing clinical studies of the therapeutic product; | | (d) | implementing active surveillance programmes of the therapeutic product; | | (e) | implementing programmes to restrict the supply of the therapeutic product. |
| (2) A registrant of a registered therapeutic product who fails to comply with a direction of the Authority under paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
|
|
|