#Legal Sense

Sales of patent medicine

By Funmilayo Olagunju

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Patent medicine is also known as proprietary medicine. It is an over-the- counter and non prescription medicine. A licensed seller of patent medicine is called patent and proprietary medicine vendor.

Patent and proprietary medicine vendors (PPMVs) is defined as “a person without formal training in pharmacy who sells orthodox pharmaceutical products on a retail basis for profit”. The regulatory body responsible for the licensing of patent and proprietary medicine vendors (among other duties) is the Pharmacist Council of Nigeria (PCN).

The eligibility for application as a patent medicine vendor is stipulated in section 4 of PCN Reviews PPMVL Guidelines for the issuance of patent and proprietary medicine vendors license;

“An applicant for the patent and proprietary medicine vendors licence (PPMVL) shall produce evidence to the satisfaction of the licencing Authority that the applicant:

i) has attained the age of twenty one (21) years

ii) is of good character and certified as such by two satisfactory referees

iii) is able to read and write in English language

iv) shall have obtained at least a secondary school leaving certificate or pharmacy technician certificate from a pharmacist council of Nigeria (PCN) Accredited institution.

It is unlawful to operate a patent medicine store without a license as proprietary medicine dealer:

“A person who is not a registered pharmacist, intern pharmacist,

so registered or practices in that capacity whether for reward or not, or takes or

uses any name, title, addition or description implying that he is so registered and

representative under this Act, but practices as such or holds himself out as being

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pharmacy technician, satellite medicines facility, vendor or pharmaceutical

authorised by law to so practice, commits an offence under this Act”

Section 52(2) Pharmacy Council of Nigeria (Establishment) Act 2022.

A person convicted of the above stated offence is liable to a fine of One million Naira, term of imprisonment up to a year or both. It is an offence to obstruct a Pharmaceutical inspection officer. It is an offence to break the seal or lock used by the Council to lock up unlicensed premises.

“Every person is to be in subjection to the governing authorities. For there is no authority except from God, and those which exist are established by God”

Romans 13:1.

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