PHARMACY ACT, 1994 (ACT 489)
ARRANGEMENT OF SECTIONS
Section
PART I—ESTABLISHMENT AND FUNCTIONS
OF PHARMACY COUNCIL
1. Establishment of Council
2. Functions of Council
3. Membership of the Council
4. Term of office of members
5. Meetings of the Council
6. Power to co-opt
7. Committees of the Council
8. Allowances
9. Appointment of other staff
10. Regional offices of Council
11. Expenses of the Council
12. Accounts and audits
13. Annual reports
14. Ministerial responsibility
PART II—REGULATION OF PHARMACY
PRACTICE
16. Application for registration
17. Certificate for registration
18. Registrar
19. Register of pharmacists
20. Functions of the Registrar
21. Cancellation or suspension of
registration and appeal.
22. Re-registration
23. Disciplinary Committee
24. Restriction on use of
`pharmacists' pharmacy
25. Annual publication of list of
pharmacists
PART III—PHARMACIES LICENSING OF
PREMISES
26. Operation of Pharmacies
27. Certificate to supply
restricted drugs from premises
28. Licensing of bodies
29. Licensed chemical sellers
30. Licence for wholesale supply
of restricted drugs
31. Premises from which restricted
drugs may be supplied
32. Action to be taken after
supply of restricted drugs
33. Supply of dangerous drugs
34. Dangerous drugs record
35. Prescription for supply of
Class A drugs
36. Restriction on preparation of
restricted drugs
37. Supply of Class B drugs
38. Possession of dangerous drugs
39. Classification of drugs
40. Medical aid
PART IV—MISCELLANEOUS AND GENERAL
PROVISIONS
41. Enquiry of premises
42. Powers of investigation
43. Obstruction
44. Inspection officer to produce
document
45. Offences and penalties
46. Regulations
47. Interpretation
48. Repeal and saving
THE FOUR HUNDRED AND EIGHTY-NINTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE PHARMACY ACT, 1994
AN ACT to revise the laws relating
to pharmacy, to establish a
Pharmacy Council, provide for its
composition and functions relating
to the registration of
pharmacists, the regulation and
control of the practice of
pharmacy, the distribution of
pharmacies in the country, the
licensing of premises for
pharmacies and related matters.
DATE OF ASSENT: 30th December,
1994
BE IT ENACTED by Parliament as
follows:
PART I—ESTABLISHMENT AND FUNCTIONS
OF PHARMACY COUNCIL
Section 1—Establishment of Council
There is established by this Act,
a Pharmacy Council referred to in
this Act, as the "Council".
Section 2—Functions of Council.
(1) The Council shall be
responsible for securing in the
public interest the highest
standards in the practice of
pharmacy.
(2) Without prejudice to
subsection (1) of this section the
Council shall—
(a) ensure that courses of study
and training in pharmacy at any
institution in Ghana guarantee the
necessary knowledge and skills
needed for the efficient practice
of pharmacy;
(b) determine in consultation with
the appropriate educational
institutions courses of
instruction and practical training
for pharmacy students;
(c) prescribe standards of
professional conduct;
(d) exercise disciplinary power
over pharmacists;
(e) uphold and enforce
professional standards through the
disciplinary powers conferred on
it;
(f) keep a register of duly
qualified and practising
pharmacists; and
(g) regulate the distribution of
pharmacies in the country.
Section 3—Members of the Council.
The Council shall consist of the
following members all of whom
shall be appointed by the
President in consultation with the
Council of State—
(a) a chairman who shall be a
registered pharmacist of not less
than fifteen years standing as a
pharmacist;
(b) the Director of Pharmaceutical
Services of the Ministry of
Health;
(c) the Dean of the Faculty of
Pharmacy, University of Science
and Technology, Kumasi;
(d) the President of the
Pharmaceutical Society of Ghana;
(e) two registered pharmacists
including at least one fellow,
elected by the Pharmaceutical
Society of Ghana;
(f) two other persons one of whom
shall be a pharmacist and the
other a legal practitioner of not
less than ten years' standing as a
lawyer; and
(g) the Registrar of the Council.
Section 4—Term of Office of
Members.
The members of the Council
specified in paragraphs (a), (e)
and (f) of section 3 shall hold
office for three years and shall
at the expiration of their term of
office be eligible for
re-appointment.
Section 5—Meetings of the Council.
(1) The Council shall meet for the
despatch of business at such times
and places as shall be determined
by the Chairman but shall meet at
least once in three months.
(2) The quorum at a meeting of the
Council shall be five.
(3) The Chairman shall preside at
each meeting of the Council but in
his absence a member of the
Council elected by the members
present from among their number
shall preside.
(4) A decision at a meeting of the
Council shall be that of the
majority of the members present
and voting and in the event of
equality of votes, the person
presiding at the meeting shall
have a second or casting vote.
(5) The validity of proceedings of
the Council shall not be affected
by a vacancy in its membership or
a defect in the appointment or
qualification of a member.
(6) Except as otherwise provided
in this Act, the Council shall
regulate the procedure for its
meetings.
Section 6—Power to Co-opt.
The Council may co-opt any person
to act as an adviser at its
meeting but no co-opted person is
entitled to vote at a meeting.
Section 7—Committees of the
Council.
(1) The Council may appoint such
committees as it considers
necessary, and delegate to them
any of its functions.
(2) A committee appointed by the
Council may include members or
non-members of the Council, but
shall be chaired by a member of
the Council.
Section 8—Allowances.
There may be paid to the members,
members of a committee of the
Council and persons co-opted to
attend meetings of the Council
such allowances as may be approved
by the Minister for Finance with
the Minister for Health.
Section 9—Appointment of other
staff.
(1) There shall be appointed for
the Council such officers as it
may require for the effective
execution of its functions.
(2) The appointment of officers
for the Council shall, subject to
any delegation by the President,
be made by the President in
accordance with the advice of the
Council given in consultation with
the Public Services Commission.
Section 10—Regional offices of
Council.
(1) There shall be established in
each region of Ghana regional
offices of the Council.
(2) There shall be appointed for
the regional offices of the
Council such officers as may be
required for the performance of
the functions of the Council in
the regions.
(3) A regional office of the
Council shall perform in the
region such of the functions of
the Council as the Council may
determine.
(4) The Council may create such
lower offices as may facilitate
its operations.
Section 11—Expenses of the
Council.
Parliament shall provide for the
Council such monies as it may
require for the effective
execution of its functions.
Section 12—Accounts and audits.
(1) The Council shall keep books
of account and proper records in
relation to them and the account
books and records of the Council
shall be in a form approved by the
Auditor-General.
(2) The accounts of the Council
shall be audited by the
Auditor-General within six months
after the end of each financial
year.
Section 13—Annual reports.
(1) The Council shall submit an
annual report on its activities to
the Minister within six months
after the end of the financial
year.
(2) The financial year of the
Council shall be the same as the
financial year of the government.
Section 14—Ministerial
Responsibility.
The Minister for Health shall have
ministerial responsibility for the
Council.
PART II—REGULATION OF PHARMACY
PRACTICE
Section 15—Pharmacists to
Register.
No person shall practise as a
pharmacist unless he is registered
in accordance with this Act.
Section 16—Application for
Registration.
A
person seeking registration shall
apply in the prescribed form to
the Registrar of the Council.
Section 17—Certificate of
Registration.
(1) Subject to subsection (2) of
this section where the Council is
satisfied that an applicant is of
good character and—
(a) holds a degree in pharmacy; or
(b) holds a qualification
equivalent to a degree that
entitles him to be registered as a
pharmacist in the country where
the qualification was obtained,
it shall direct the Registrar to
enter the applicant's name in the
register and to issue the
applicant with a certificate of
registration on the payment of the
prescribed fee by the applicant.
(2) No person shall be registered
under subsection (1) of this
section unless he has taken and
passed the Ghana Pharmacy
Professional Qualifying
Examination.
Section 18—Registrar.
(1) The Council shall have a
Registrar who shall be appointed
by the President acting in
accordance with the advice of the
Council given in consultation with
the Public Services Commission.
(2) The Registrar shall hold
office on such terms and
conditions as may be specified in
his letter of appointment.
(3) The Registrar shall be a
pharmacist of at least ten years'
standing as a pharmacist and shall
be a holder of a relevant
post-graduate qualification.
Section 19—Register of
Pharmacists.
(1) There shall be a register to
be known as the Register of
Pharmacists in which shall be
recorded by the Registrar the
names of registered pharmacists.
(2) The Register shall be in such
form as the Council shall
determine.
Section 20—Functions of the
Registrar.
The Registrar shall, subject to
the directions of the Council be
responsible for the day-to-day
administration of the Council and
shall be answerable to the Council
in the performance of his
functions under this Act.
Section 21—Cancellation or
Suspension of Registration and
Appeal.
(1) A certificate of registration
issued under section 17 may be
cancelled or suspended for such
period as the Council may
determine where disciplinary
enquiry conducted by the Council
confirms that the registered
pharmacist—
(a) has been convicted of an
offence under this Act; or
(b) has been convicted of an
offence related to pharmacy under
any other enactment and sentenced
to imprisonment; or
(c) is guilty of professional
misconduct.
(2) A person aggrieved by the
cancellation or suspension of his
certificate of registration may
appeal against the decision to the
High Court.
(3) Where a certificate of
registration is to be cancelled or
suspended, the Registrar shall—
(a) serve on the pharmacist a
notice informing him of the order
and requiring him to deliver the
certificate within twenty-one days
of the date of the service;
(b) publish in the Gazette a
notice of the cancellation or
suspension; and
(c) in the case of cancellation
delete the name of the pharmacist
from the Register of Pharmacists.
(4) Notwithstanding subsection
(3), of this section, where a
pharmacist appeals against a
cancellation or suspension, the
Registrar shall only act in
accordance with subsection (3) on
the expiration of the period of
notice of appeal or after the
disposal of the appeal.
(5) The Registrar, shall at the
expiration of a suspension period
return the certificate to the
pharmacist, and cause notice of
the expiration of the suspension
to be published in the Gazette.
Section 22—Re-registration.
A
registered pharmacist whose
registration has been cancelled
may apply to have his name
re-registered if a period of not
less than five years has elapsed
since notice of the cancellation
was published in the Gazette.
Section 23—Disciplinary Committee.
(1) Without prejudice to section 7
of this Act there is established
by this Act a disciplinary
committee of the Council which
shall consist of—
(a) the President of the
Pharmaceutical Society of Ghana;
(b) the Director of Pharmaceutical
Services of the Ministry of
Health;
(c) the legal professional member
of the Council;
(d) the Dean of the Faculty of
Pharmacy, University of Science
and Technology, Kumasi; and
(e) a pharmacist elected by the
Council from among its members.
(2) The Disciplinary Committee
shall enquire into such matters
relating to professional conduct
and standards of pharmacists as
may be referred to it by the
Council.
(3) The procedure of the
Disciplinary Committee and
penalties that it may recommend to
the Council shall be prescribed by
regulations.
(4) A person aggrieved by a
decision of the Council in any
disciplinary matter may appeal to
the High Court.
Section 24—Restriction on use of
`pharmacists' pharmacy'.
(1) A person who is not a
pharmacist shall not describe
himself or hold himself out to be
a pharmacist by the use of the
terms `pharmacist', `chemist',
`dispenser of drugs', `druggist',
`compounder of drugs', or any
other similar term.
(2) No person shall open or permit
any other person to open any
premises to the public under the
description of `pharmacy',
`dispensary', `chemist', `drug
store' or any other similar
description unless a registered
pharmacist is on the premises to
supervise the dispensing of drugs
or medication.
Section 25—Annual Publication of
List of Pharmacists.
The Registrar shall cause a list
of registered pharmacists of good
standing to be published in the
Gazette in January of each year.
PART III—PHARMACIES, LICENSING OF
PREMISES
Section 26—Operation of
Pharmacies.
Subject to this Act, no person
shall operate a retail pharmacy
unless he is a registered
pharmacist.
Section 27—Certificate to Supply
Restricted Drugs from Premises.
(1) Where the Council is satisfied
that premises are suitable for the
supply of restricted drugs, other
than Class A or B drugs, it may
direct the Registrar to issue in
respect of the premises a general
or limited certificate if an
application has been made in
respect of either certificates.
(2) The Registrar shall, on the
payment of the prescribed fee,
issue the appropriate certificate
to the applicant on the direction
of the Council.
(3) A person who supplies
restricted drugs from premises in
respect of which a certificate has
been issued shall notify the
Council of any material alteration
in the structure of the premises
within 6 months of the alteration.
(4) The Council may revoke a
certificate if it is satisfied
that the physical conditions of
the premises have ceased to be
suitable for the supply of
restricted drugs.
Section 28—Licensing of Bodies.
(1) Subject to this Act, where an
application is made in the
prescribed form by a company, and
the council is satisfied
(a) that the applicant is fit to
carry on the business of mixing,
compounding, preparing, or
supplying restricted drugs by
retail; and
(b) that the applicant's business
of mixing, compounding, preparing
or supplying restricted drugs by
retail will be carried on under
the supervision of a pharmacist,
the Council may direct the
Registrar to issue to the
applicant on payment of the
prescribed fee, a licence
authorising the applicant to carry
on the business.
(2) If the Council is satisfied
that a company has acted contrary
to this Act, or a condition
specified in the licence has
ceased to exist for the carrying
on of the business referred to in
subsection (1), it may revoke the
licence.
Section 29—Licensed Chemical
Sellers.
(1) Notwithstanding section 27
where an application is made in
the prescribed form by a person
other than a pharmacist or body
corporate, and the Council is
satisfied that
(a) the applicant is fit to carry
on the business of supplying by
retail restricted drugs other than
Class A or B drugs; and
(b) the area in which the
applicant proposes to carry on
that business is not sufficiently
served by existing facilities for
the retail supply of such drugs,
it may direct the Registrar, on
the payment of the prescribed fee
by the applicant, to issue to the
applicant a licence authorizing
him to carry on the business of
supplying by retail restricted
drugs other than Class A or B
drugs on the premises specified in
the licence.
(2) The Council may revoke a
licence, if it is satisfied that
the licence holder has contravened
a provision of this Act, or that a
condition specified in the licence
has ceased to exist for the
carrying on of the business of
supplying by retail restricted
drugs other than Class A or B
drugs.
(3) The Council may, instead of
revoking a licence under
subsection (2), impose a penalty
not exceeding ¢5 million on a
licence holder.
Section 30—Licence for Wholesale
Supply of Restricted Drugs.
(1) No person shall carry on
business of supplying restricted
drugs by wholesale unless he has a
licence issued to him in
accordance with this section.
(2) Where an application is made
for a licence in the prescribed
form to carry on a business of
supplying restricted drugs by
wholesale, and the Council is
satisfied that the applicant
qualifies for the licence, the
Council may on payment of the
prescribed fee by the applicant,
grant the licence.
(3) A licence granted under this
section may include a condition
prohibiting or limiting the
supplying of restricted drugs of a
particular description.
(4) The Council may revoke a
licence if it is satisfied that
the licence holder has contravened
a provision of this Act or a
condition specified in the licence
has ceased to exist for the
carrying on of the business of
supplying restricted drugs by
wholesale.
Section 31—Premises from which
Restricted Drugs may be Supplied.
No person shall carry on a
business of supplying from any
premises restricted drugs
classified by regulations as—
(a) Class A drugs;
(b) Class B drugs; or
(c) Class C drugs,
unless that person has a valid
general or limited licence issued
under this Act in relation to
those premises.
Section 32—Action to be taken
after Supply of Restricted Drugs
Where restricted drug is supplied
under prescription, the supplier
of the drug shall—
(a) enter on the prescription in
indelible writing the date on
which the drug is supplied, and
the name and address of the
supplier; and
(b) if the drug is fully
dispensed, retain the prescription
for a period of two years on the
premises at which the drug is
dispensed, in a manner as to be
readily available for inspection.
Section 33—Supply of Dangerous
Drugs.
No person shall supply a dangerous
drug unless—
(a) the drug is in a container of
the prescribed description; and
(b) the container bears a label
indicating the prescribed
particulars of its contents.
Section 34—Dangerous Drugs Record.
(1) A person who supplies Class A
or B, drugs shall keep on the
premises from which he supplies
these drugs a book of the
prescription to be known as the
`Dangerous Drugs Record'.
(2) Before any person supplies
Class A drugs he shall record in
the Dangerous Drugs Record the
following—
(a) the name and quantity of the
drug to be supplied;
(b) the name, and address,
signature or thumbprint of the
person to whom it is supplied;
(c) the signature of the person
who supplies the drug; and
(d) the date of supply.
(3) Where a drug is supplied under
a prescription which is retained
by the supplier of the drug and an
entry is made in the Dangerous
Drug Record book enabling the
prescription to be referred to, no
entry need be made in the
Dangerous Drug Record or any
particulars specified in the
prescription.
Section 35—Prescription for Supply
of Class A Drugs.
No pharmacist or licensed company
shall supply class A drugs except
under a prescription issued by a
medical practitioner, a dentist or
a veterinary practitioner.
Section 36—Restriction on
Preparation of Restricted Drugs.
(1) No person shall mix, compound,
prepare or supply restricted drug
unless that person is a pharmacist
or is a licensed company.
(2) Subsection (1) shall not apply
to—
(a) the supply of a drug by a
medical practitioner, dentist or
veterinary surgeon to a patient in
urgent need of treatment;
(b) the supply of a drug other
than a drug of class A or B by a
licensed chemical seller;
(c) the mixing, compounding or
preparing of a drug under the
supervision of a pharmacist by a
student or a trainee undergoing
instructions at an institution
approved by the Council; or
(d) the supply of a drug in
accordance with directions given
by a medical practitioner to an
out-patient attending a medical
treatment centre or an in-patient
by a nurse.
Section 37—Supply of Class B
drugs.
A
pharmacist or licensed company may
supply class B drugs to a person,
without prescription if the
supplier of the drug reasonably
believes that person to be a
proper person to whom the drug is
to be supplied.
Section 38—Possession of dangerous
drugs.
Subject to the provisions of this
Act, no person shall have any
dangerous drug in his possession
or control.
Section 39—Classification of
drugs.
The Minister shall on the advice
of the Food and Drugs Board
established under the Food and
Drugs Law, 1992 (PNDCL 305B) by
legislative instrument specify
drugs that are classified as class
A, class B and class C for the
purposes of this Act and may
prescribe conditions for the
importation, possession, supply
and dispensing of such drugs.
Section 40—Medical aid.
(1) Notwithstanding anything
contained in section 48 of the
Medical and Dental Decree, 1972 (NRCD
91) (which restricts the right to
practise medicine or dentistry and
to recover charges for it) a
pharmacist may give medical and
dental advice or aid—
(a) by way of first aid in the
case of an accident, or
(b) by way of first aid treatment
in the case of simple ailments of
common occurrence where it is not
reasonably practicable for the
patient to consult a medical
practitioner or dentist.
(2) The pharmacist shall, in the
case of an emergency, immediately
or within 24 hours of
administering the initial dosage,
refer the patient to a medical
practitioner or a dentist as the
case may be and shall in the
referral state the drugs used and
the extent of the treatment given.
PART IV—MISCELLANEOUS AND GENERAL
PROVISIONS
Section 41—Entry of premises.
(1) A person authorised by the
Council may for the purposes of
section 42 of this Act enter at
any reasonable time—
(a) premises in respect of which a
licence or a certificate issued
under this Act is valid;
(b) premises on or in relation to
which he has reasonable cause to
believe, that an offence with
respect to this Act has been
committed.
(2) A police officer not below the
rank of Assistant Superintendent
may enter any premises if he has
reasonable cause to believe that
an offence with respect to this
Act has been committed.
Section 42—Powers of
investigation.
(1) A person authorised under
section 41 of this Act to enter
any premises (hereafter referred
to as "an inspecting officer")—
(a) may require a person on the
premises to furnish any
information in that person's
possession concerning the
activities carried on, on the
premises and persons by whom they
are carried on;
(b) may inspect the premises and
any articles found on the
premises;
(c) may take away any drug found
on the premises.
(2) Where a drug is taken away
under this section reasonable
payment for the drug shall be
tendered by the inspecting
officer.
(3) Notwithstanding subsection
(2)—
(a) no payment shall be tendered
in respect of a drug if the
inspecting officer reasonably
suspects that the drug is unfit
for its purpose by reason of
deterioration, impurity,
adulteration or other defect;
(b) if the drug is found to be
fit, reasonable payment shall be
tendered by the inspecting officer
in respect of the portion of the
drug that is not returned to its
owner in good condition;
(c) no payment shall be tendered
in respect of a drug if the
inspecting officer anticipates
that proceedings for an offence
under this Act may be brought in
respect of the drug.
(4) Where no proceedings are
commenced under subsection (3)
within six months, reasonable
payment shall be tendered by the
inspecting officer in respect of
the portion of the drug that has
not been returned to its owner in
good condition.
(5) Where any drugs or articles
are taken under this section, an
inventory of the drugs or articles
shall be made and shall be signed
by the pharmacist or the chemical
seller and the inspecting officer
and a copy of the inventory shall
be given to the pharmacist or the
chemical seller.
Section 43—Obstruction.
No person shall, obstruct an
inspecting officer exercising his
powers under this Act.
Section 44—Inspection officer to
produce document.
An inspecting officer exercising
any powers conferred under this
Act shall produce on demand a duly
authenticated document showing
that he is entitled to exercise
those powers.
Section 45—Offences and penalties.
(1) A person who—
(a) is not registered under
section 17 of this Act and
represents himself or holds
himself out as so registered; or
(b) does not have the requisite
qualification to practise as a
pharmacist and knowingly
represents that he has such
qualification; or
(c) contravenes any of the
provisions of this Act,
commits an offence and is liable
on conviction to a fine not
exceeding ¢5 million or a term of
imprisonment not exceeding five
years or to both; and in the case
of a continuing offence to a
further fine not exceeding
¢50,000.00 for each day that the
offence continues after written
notice has been served on the
offender by the Council.
(2) Where an offence under this
Act is committed by a body of
persons—
(a) in the case of a body
corporate other than a
partnership, each director,
secretary or other officers of
that body shall also be guilty of
that offence;
(b) in the case of partnership,
each partner shall also be guilty
of the offence.
(3) Notwithstanding subsection (2)
no person shall be convicted of an
offence if he proves that the
offence was committed without his
knowledge or consent, or that he
took all steps necessary having
regard to all the circumstances,
to prevent the commission of the
offence.
Section 46—Regulations.
The Minister may on the advice of
the Council by legislative
instrument make regulations—
(a) prescribing the procedure for
the holding of disciplinary
enquiry into allegations of
misconduct against pharmacists;
(b) prescribing matters relating
to disciplinary orders by the
Council;
(c) relating to prescription of
drugs;
(d) prescribing fees to be paid
for any matter or thing to be done
under this Act;
(e) prescribing conditions
including the type of premises for
the issue of a valid general or
limited certificate by the
Council; and
(f) providing generally for the
effective implementation of this
Act.
Section 47—Interpretation.
In this Act unless the context
otherwise requires—
"dangerous drugs" means drugs
prescribed by regulations as
dangerous drugs;
"drug" has the same meaning as
provided in section 51 of the Food
and Drugs Law, 1993 (PNDCL 305B);
"medical treatment centre" means
any health institution for the
treatment of out-patients and
which is under the immediate
supervision of an attendant
approved by the Minister;
"Minister" means the Minister
responsible for Health;
"restricted drugs" means dangerous
drug or any other drug which is
not exempted drug.
Section 48—Repeal and saving.
(1) The following enactments are
repealed—
Pharmacy and Drugs Act, 1961 (Act
64);
Pharmacy and Drugs (Amendment)
Act, 1963 (Act 222);
Pharmacy and Drugs Act, 1961
(Amendment) Decree 1969 (NLCD
361);
Pharmacy and Drugs Act, 1961 (Act
382);
Pharmacy and Drugs (Amendment)
Decree, 1976 (SMCD 52); and
Pharmacy and Drugs (Amendment)
Law, 1990 (PNDCL 237).
(2) Notwithstanding the repeal
under subsection (1) of this
section
(a) any regulation, licence,
certificate, registration
appointment issued or made under
the repealed enactment; and
(b) the register of pharmacists in
existence or in force immediately
before the coming into force of
this Act shall continue in force
as if issued or made under the
provisions of this Act until
revoked, altered, cancelled or
expires.
(3) Notwithstanding the repeal
under subsection (1) of this
section, the following schedules
to the Pharmacy and Drugs Act,
1961 (Act 64) shall until
provision is made by regulations
under section 39 of this Act
continue in force—
(a) First Schedule;
(b) Second Schedule—Part I;
(c) Third Schedule; and
(d) Fourth Schedule.
Date of Gazette Notification: 30th
December, 1994.
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