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(1) A person shall not manufacture, import, export, supply, possess or offer for sale a counterfeit drug, herbal medicinal product, cosmetic, medical device or household chemical substance.

(2) For the purposes of this Part, a drug, herbal medicinal product, medical device, cosmetic or household chemical substance is counterfeit if

(a) the product or article is one which is deliberately or fraudulently mislabelled with respect to its identity or source;

(b) it is manufactured under a name which belongs to another drug;

(c) it is an imitation of or is a substitute for another drug, herbal medicinal product, medical device, cosmetic or household chemical substance or if

(i) it resembles another drug, herbal medicinal product, medical device, cosmetic or household chemical substance,

(ii) it is likely to deceive, or

(iii) it bears on its label or container the name of another drug, herbal medicinal product, medical device, cosmetic or household chemical substance unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with any other drug, herbal medicinal product, medical device, cosmetic or household chemical substance;

(d) the label or container bears the name of an individual or a company which is fictitious or does not exist and purports to be the manufacturer of the drug, herbal medicinal product, cosmetic, medical device or household chemical substance;

(e) it has been substituted wholly or in part by any other drug or substance;

(f) it purports to be a product of a manufacturer of whom it is not truly a product; or

(g) it is a drug which or the container or labelling of which, without authorization, bears

(i) the trademark, trade name or any other identifying mark, imprint, or device, or

(ii) the likeness of a drug manufacturer of drugs, processor, packer or distributor, other than the person who in fact manufactured, processed, packed, or distributed the drug or article and which thereby falsely purports or is represented to be the product of or to have been packed or distributed by the other drug manufacturer, processor, packer or distributor.