¹ A fine not exceeding 50,000 Swiss francs shall be imposed on any person who wilfully:²⁴²

a.

manufactures, places on the market, imports or exports, or trades in a foreign country therapeutic products or excipients which do not conform to the requirements stated in the Pharmacopoeia;

b.

contravenes the regulations on the advertising of medicinal products;

c.²⁴³

violates an obligation under this Act to notify, register or disclose;

d.

violates the obligations to label, keep records, to archive or to cooperate;

e.

violates the obligation of secrecy, unless there is a violation of Article 162, 320 or 321 of the Criminal Code²⁴⁴;

f.²⁴⁵

commits an offence referred to in Article 86 paragraph 1 letters a–g where the therapeutic product is intended exclusively for personal use or involves an over-the-counter medicinal product or a Class I medical device in accordance with Annex IX to Directive 93/42/EEC²⁴⁶ concerning medical devices;

g.²⁴⁷fails to comply with a ruling against him or her which refers to the penalties provided for in this article;

h.²⁴⁸

infringes the obligation of transparency laid down in Article 56.

² If the person concerned acts in a professional capacity in the cases referred to in paragraph 1 letter a, b, e or f, he or she shall be liable to a monetary penalty.²⁴⁹

³ If the person concerned acts through negligence, the penalty shall be a fine not exceeding 20,000 Swiss francs.²⁵⁰

⁴ Attempts and aiding and abetting are also offences.

⁵ The right to prosecute contraventions and execute the penalties for contraventions are subject to a time limit of five years.

⁶ In particularly minor cases, prosecution and sentencing may be waived.