(1) A medicine may be seized if it—
| (a) | is sold in contravention of the Act; |
| (b) | is suspected of being a counterfeit; |
| (c) | is misbranded, sub-standard or adulterated; |
| (f) | is Scheduled and is sold— |
| (i) | by an unauthorised person; |
| (ii) | by an authorised person but in unauthorised quantities; or |
| (iii) | at an unauthorised place or site; |
| (g) | has been declared undesirable in terms of the Act; |
| (h) | belongs to the State and is found to be possessed by an unauthorised person; or |
| (i) | is used in an unauthorised clinical trial. |
| (2) | An inspector seizing any item in terms of section 28(1)(c) of the Act shall, as soon as possible and at the scene of seizure, make a written inventory of all items seized and the inventory shall include— |
| (a) | the date, place and time of seizure; |
| (b) | the name and personal details of the person from whom the items were seized; |
| (c) | the name and quantity of every item seized; and |
| (d) | the name of the inspector conducting the seizure. |
| (3) | An item contemplated in subregulation (2) may be used as evidence in any criminal proceedings in terms of this Act. |
| (4) | An inspector taking any sample in terms of section 28(1)(d)of the Act shall make a written inventory of all samples taken which inventory shall include— |
| (a) | the date on which, the place where and time when the sample was taken; |
| (b) | a description of nature and size of each sample taken; and |
| (c) | the personal details of the person in whose presence the sample was taken; and the name of the inspector taking the sample. |
