103. To determine whether any medicine, including a medicated wine, contains alcohol in excess of the quantity required as a solvent or preservative, or whether it is so compounded as to render it unsuitable for use as a beverage, the secretary-general may have a sample of such medicine procured by him analysed by such person as he may select.
If it appears from the analysis that the product contains alcohol in excess of the quantity required as a solvent or preservative, or that it is not so compounded as to render it unsuitable for use as a beverage, the secretary-general may notify the manufacturer, or the agent in Québec of the manufacturer of such medicine, or the person who has acquired such product for resale, that it is not a medicated wine or a medicine within the meaning of paragraph b of section 102 but an alcoholic beverage to which this act applies.
From the service of such notice such product shall be deemed an alcoholic beverage within the meaning of this act, and the manufacturer or the person who has acquired it for resale commits an offence against this act if he sells such product after service upon him of such notice.
The decision of the secretary-general that the product concerned is not a medicated wine or medicine, but an alcoholic beverage, shall be published in the Gazette officielle du Québec.
The sending, by registered or certified mail, of a copy of the secretary-general’s decision to the manufacturer or his agent in Québec or to the person who has acquired such product for resale, shall constitute the notice provided for in this section.
This section shall not apply to any medicinal or pharmaceutical preparation made up by a pharmacist in accordance with the terms of a physician’s prescription or made up by the physician himself for use in treating a patient under his care.
In this section and in section 99, “medicated wine” means any product containing an alcoholic beverage and medicine, provided that the quantity of alcoholic beverage therein is no more than is strictly necessary for purposes of solution or preservation and that the quantity of medicine is sufficient to render the product unsuitable for use as an alcoholic beverage.
1971, c. 19, s. 107; 1975, c. 83, s. 84.