WHEREAS, Food and Drug Administration (FDA) issued Advisory No. 2020 - 1348 public health warning against the purchase and use of the counterfeit products that proliferated in the market;
WHEREFORE, upon motion by Hon. Councilor Brandy M. Palisoc, unanimously seconded by the Sangguniang Bayan Members present;
BE IT ENACTED by the Sangguniang Bayan, Urbiztondo, Pangasinan in session assembled that:
Section 1. Title. This Ordinance shall be known as the “Ordinance Prohibiting Compounding, Dispensing, Selling or Reselling of Pharmaceutical Products Through Retail Drug Outlets Not Licensed by the Food and Drug Administration (FDA) and Providing Penalties For Violation Thereof”
Sec. 2. Declaration of Policy. It is hereby the policy of the State to protect and promote the right of health of the people and instill health consciousness among them as provided in Sec 15 Art 11 of the Constitution.
Sec. 3. Definition of Terms. As used in this Ordinance, the following terms shall be understood to mean, thus:
a. Reselling - sell something one has bought to someone else.
b. Counterfeit Drug - products deliberately produced and/or mislabeled with respect to identity and/or source to make it appear to be a genuine product. It is a drug which is deliberately and fraudulently mislabeled with respect to identity and/or source or with fake packaging and can apply to both branded and generic products. It shall also refer to:
i. the drug itself or the container or labeling bearing without authorization, the trademark, trade name or other identification mark or imprint or any likeness to which is owned or registered in the Bureau of Patent, Trademark, Technology Transfer (BPTTT) in the name of another natural or juridical person;
ii. a drug refilled in containers by unauthorized persons if the legitimate labels or marks are used;
iii. an unregistered imported drug product, except drugs bought from other country for personal use as confirmed and justified by a medical records;
iv. a drug which contains no amount of or a different active ingredient or less than eighty percent (80%) of the active ingredient it purports to possess as distinguished from an adulterated drug including reduction or loss or efficacy due to expiration.
c. Food and Drug Administration is the agency responsible for licensing, monitoring and regulation of cosmetics, drugs, foods, household hazardous products, medical devices and electromagnetic radiation emitting devices, pesticides, tobacco and related products, and vaccines for safety, efficacy and quality in the Republic of the Philippines.
d. Dispensing refers to the process of preparing and giving medicine to a named person on the basis of a prescription.
e. Selling is a transaction where goods or services is being exchanged for money.
f. Drugs refers to any chemical compound or biological substance, other than food, intended for use in the treatment, prevention or diagnosis of disease in man.
