18A. Bonusing.—No person shall supply any medicine according to a bonus system, rebate system or any other incentive scheme. [S. 18A inserted by s. 12 of Act No. 90 of 1997.] (Date of commencement: 2 May, 2004.) 18B. Sampling of medicines.—(1) No person shall sample any medicine. (2) For the purposes of this section “sample” means the free supply of medicines by a manufacturer or wholesaler or its agent to a pharmacist, medical practitioner, dentist, veterinarian, practitioner, nurse or other person registered under the Health Professions Act, 1974, but does not include the free supply of medicines for the purposes of clinical trials, donations of medicines to the State, tendering to the State and quality control by inspectors. (3) The use of medicines or Scheduled substances for exhibition purposes shall be as prescribed. [S. 18B inserted by s. 12 of Act No. 90 of 1997.] 18C. Marketing of medicines.—The Minister shall, after consultation with the pharmaceutical industry and other stakeholders, make regulations relating to the marketing of medicines, and such regulations shall also provide for an enforceable Code of Practice. [S. 18C inserted by s. 12 of Act No. 90 of 1997 and substituted by s. 4 of Act No. 59 of 2002.] Wording of Sections 19. Prohibition on sale of medicines which do not comply with prescribed requirements and furnishing of information regarding medicines to the council.—(1) No person shall sell any medicine unless it complies with the prescribed requirements. [Sub-s. (1) amended by s. 17 of Act No. 65 of 1974 (English only).] Wording of Sections (2) The council may by notice in writing require any person who manufactures or sells or administers or prescribes any medicine or on whose direction any medicine is administered to furnish it, within a period stipulated in such notice, with any information which such person has in his possession or which such person is in a position to obtain regarding such medicine. [Sub-s. (2) amended by s. 17 of Act No. 65 of 1974 (English only).] Wording of Sections (3) The council may, if so requested by any person to whom a notice under subsection (2) is addressed, extend the period stipulated in such notice. 20. Publication or distribution of false advertisements concerning medicines.—(1) No person shall— (a) publish or distribute or in any other manner whatsoever bring to the notice of the public or cause or permit to be published or distributed or to be so brought to the notice of the public any false or misleading advertisement concerning any medicine; or [Para. (a) amended by s. 18 of Act No. 65 of 1974 (English only).] Wording of Sections (b) in any advertisement make any claim to the effect that the therapeutic efficacy and effect of any medicine is other than that stated by the council in terms of subparagraph (ii) of paragraph (a) of section twenty-two or state or suggest that any medicine should be used for a purpose or under circumstances or in a manner other than that stated by the council in terms of subparagraph (iii) or paragraph (a) of that section. [Para. (b) amended by s. 18 of Act No. 65 of 1974 (English only).] Wording of Sections (2) It shall be a sufficient defence in any prosecution for an offence under paragraph (a) of subsection (1) if it is proved to the satisfaction of the court that the accused, not being a person selling the medicine to which the false or misleading advertisement which is the subject of the prosecution relates, did not know, and could not reasonably be expected to have known, that the advertisement was in any respect false or misleading, unless it is proved that the accused failed on demand by the registrar or an inspector or a member of the South African Police to furnish the name and address of the person at whose instance the advertisement was published, distributed or so brought to the notice of the public. [Sub-s. 2 amended by s. 18 of Act No. 65 of 1974 (English only).] 21. Council may authorize sale of unregistered medicine for certain purposes.—(1) The council may in writing authorize any person to sell during a specified period to any specified person or institution a specified quantity of any particular medicine which is not registered. [Sub-s. (1) amended by s. 19 of Act No. 65 of 1974 (English only).] Wording of Sections (2) Any medicine sold in pursuance of any authority under subsection (1) may be used for such purposes and in such manner and during such period as the council may in writing determine. [Sub-s. (2) amended by s. 19 of Act No. 65 of 1974 (English only).] Wording of Sections