A Compulsory Research Report Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of the Requirements for Award of the Bachelor of Laws (L.L.B) Degree of Mzumbe University.
This study critically assessed on the law relating to retail pharmacy vis-a-vis protection of public health. It specifically discusses on existence of retail pharmacies that operate without legal permits, pharmacies being involved in supply of pharmaceutical products which are unfit for the intended use and employment of unskilled personnel to serve in pharmacies.
The public is being exposed to the danger of using hazardous pharmaceutical products due inefficiency of the responsible authorities in exercise of their regulatory powers and compliance of law.
Tanzania Food, Drugs and Cosmetics Act and The Pharmacy Act are the major laws governing regulation of these retail pharmacies. TFDA, directories, boards, councils and committees are responsible for regulation of pharmaceutical activities.
Due to the researcher’s findings, it is observed that pharmaceutical authorities have limited funds and this together with other factors lead to low efficiency in exercising regulatory duties. Authorities mechanisms for withdraw counterfeit drugs from market are very weak, mushrooming of unauthorized pharmacies and sell of counterfeit drugs are on progress, antibiotics and anti-parasitic agents are the leading counterfeit drugs sold. Non-compliance with the laws among retail pharmacy such as selling of unregistered drugs is among the findings. The requirement of close supervision of a pharmacy by pharmacist is hindered by pharmacists themselves because most of them have part time jobs elsewhere and not settling to one pharmacy only.
After the findings, the researcher came up with the conclusion and recommendation that the role of TFDA which is to ensure quality and safe medical devices for protection of public health is not achieved, enough funds and legal powers should be added to TFDA. It is therefore high time for authorities like harbors and airports to conduct inspection so that all imported products including pharmacies to be of required standards. The law should exclude non-professionals from running the business of retail pharmacies.