South Australian Consolidated Acts South Australian Consolidated Acts22A—Offences in connection with the sale of drugs
(1) No person shall
sell, expose for sale, or have in his possession for sale, any drug which is
not wholly in accordance with any particulars concerning it which are on or
attached to any bottle, box, or other container whatever in which the drug is
contained at or immediately prior to the time of sale, or at the time of
exposure for sale, or whilst in possession, for sale, as the case may be.
Penalty: Not exceeding two hundred dollars.
In this subsection the term "particulars" includes the name or other
description or particulars of the person who manufactured, prepared, bottled,
or packed a drug.
(2) Where any person
(in this subsection called the
"purchaser") demands any drug, specifying the commodity required by reference
to the name of the person who manufactured, prepared, bottled, or packed it,
or by reference to the brand of any manufacturer, no person shall sell to the
purchaser any drug, the whole or any part of which is manufactured, prepared,
bottled, or packed (as the case may be) by any person other than the person
named by the purchaser, or the whole or any part of which is not manufactured
by the person whose brand was named by the purchaser: Provided that it shall
be a defence to a charge under this subsection to show that the defendant
expressly informed the purchaser at the time of sale that the commodity or
part thereof, as the case may be, was manufactured, prepared, bottled, or
packed by some person other than the person named by the purchaser or whose
brand was named by the purchaser.
Penalty: Not exceeding two hundred dollars.
(3) This section shall
not be held to restrict the meaning of any other provision of this Act, nor
any provision of the Trade Marks Act 1892 .