Act No. 3073




[ Act No. 3073, March 16, 1923 ] AN ACT TO REGULATE THE SALE OF VIRUSES, SERUMS, TOXINS, AND ANALOGOUS PRODUCTS IN THE PHILIPPINE ISLANDS Be it enacted by the Senate and House of Representatives of the Philippines in Legislature assembled and by the authority of the same: Section 1. From and after six months after the promulgation of the regulations authorized by section four of this Act no person, firm, or corporation shall sell, barter, or exchange, or offer for sale, barter, or exchange in the Philippine Islands, or send, carry, or bring for sale, barter, or exchange from any foreign country into the Philippine Islands or from the Philippine Islands into any foreign country any virus, therapeutic serum, toxin, antitoxin or analogous product applicable to the prevention and cure of disease in man, unless (a) such virus, serum, toxin, antitoxin, or analogous product has been propagated and prepared by any person, firm, or corporation holding an unsuspended and unrevoked license issued by the Secretary of Public Instruction on recommendation of the Director of Health, as hereinafter authorized, to propagate and prepare such virus, serum, toxin, antitoxin or analogous product for sale in the Philippine Islands, or for sending, bringing or carrying from or to any foreign country; (b) unless each package of such virus, serum, toxin, antitoxin or analogous products is plainly marked with the proper name of the article contained therein, the name, address and license number of the manufacturer, and the date beyond which the contents cannot be expected beyond reasonable doubt to yield their specific results: Provided, That the suspension or revocation of any license shall not prevent the sale, barter, or exchange of any virus, serum, toxin or antitoxin, or analogous product aforesaid which has been sold and delivered by the licensee prior to such suspension or revocation, unless the owner or custodian of such virus, serum, toxin, antitoxin or analogous product as aforesaid has been notified by the Secretary of Public Instruction not to sell, barter, or exchange same.ℒαwρhi৷ Section 2. No person shall falsify, relabel or remark any package or container of any virus, serum, toxin, antitoxin or analogous product aforesaid; nor alter any label or mark on any package or container of any virus, serum, toxin, antitoxin, or analogous product aforesaid so as to falsify such label or mark. Section 3. Any officer, agent, or employee of the Bureau of Health duly authorized by the Director of Health for that purpose, may, for the safeguarding of the public health, enter and inspect any establishment for the propagation and preparation of any virus, serum, toxin, antitoxin or analogous product aforesaid for sale, barter or exchange in the Philippine Islands, or to be sent, carried, or brought from the Philippine Islands into any foreign country or from any foreign country into the Philippine Islands. Section 4. A board is hereby created, composed of the Secretary of Public Instruction as chairman, and the Director of Health and the Director of Bureau of Science as members, with authority to promulgate from time to time such rules as may be necessary in the judgment of said board to govern the issue, suspension, and revocation of licenses for the propagation and preparation of viruses, serums, toxins, antitoxins, and analogous products, applicable to the cure of disease of man and intended for sale in the Philippine Islands or any other country: Provided, That all licenses issued for the propagation and preparation of any virus, serum, toxin, antitoxin or analogous product aforesaid imported for sale, barter, or exchange in the Philippine Islands shall be issued upon condition that licenses shall permit the inspection of the establishments where said articles are propagated and prepared in accordance with section three of this Act. Applications in accordance with the provisions of this Act shall be submitted to the Secretary of Public Instruction, who is hereby authorized and directed to issue, suspend or revoke, upon recommendation of the Director of Health, licenses issued in accordance with this Act. Section 5. No person shall interfere with any officer, agent, or any employee of the Philippine Government in the performance of any duty imposed upon him by this Act, or by regulations made by authority thereof. Section 6. Any person who shall violate, or aid or abet in violating any of the provisions of this Act shall be punished by a fine not exceeding one thousand pesos, or by imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the court. Section 7. This Act shall take effect on its approval. Approved, March 16, 1923. The Lawphil Project - Arellano Law Foundation