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(1) Where a standard is prescribed for a drug, herbal medicinal product, cosmetic, medical device or household chemical substance, a person who manufactures, labels, packages, sells or advertises any other substance in a manner that it is likely to be mistaken for that drug, product, cosmetic, medical device or household chemical substance commits an offence unless the substance is the drug, herbal medicinal product, cosmetic, medical device or household chemical substance in question and complies with the prescribed standard.

(2) Where a standard has not been prescribed for a drug, herbal medicinal product, cosmetic, medical device or household chemical substance but a standard for the drug, herbal medicinal product, cosmetic, medical device or household chemical substance is contained in a publication specified in the Fourth Schedule, a person who labels, packages, sells or advertises any other substance or article in a manner that it is likely to be mistaken for the drug, herbal medicinal product, cosmetic, medical device or household chemical substance commits an offence.

(3) A person who manufactures, labels, packages, sells or advertises a drug, herbal medicinal product, cosmetic, medical device or household chemical substance for which a standard has not been prescribed, or for which a standard is not contained in a publication specified in the Fourth Schedule commits an offence unless the drug, herbal medicinal product, cosmetic, medical device or household chemical substance

(a) is in accordance with the professed standard under which it is labelled, sold or advertised, and

(b) does not resemble, a drug, herbal medicinal product, cosmetic, medical device or household chemical substance for which a standard has been prescribed or which is contained in a publication specified in the Fourth Schedule.