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LAWS OF MALAYSIA

REPRINT

Act 366

POISONS ACT 1952

Incorporating all amendments up to 1 January 2006

PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968

IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

Laws of Malaysia

ACT 366

POISONS ACT 1952

First enacted

..................

1952 (Ord. No. 29 of

1952)

Revised

... ... ... ... ... ... ...

1989 (Act 366 w.e.f.

13 April 1989)

PREVIOUS REPRINT

First Reprint

... ... ... ... ...

2001

Poisons

LAWS OF MALAYSIA

Act 366

POISONS ACT 1952

ARRANGEMENT OF SECTIONS

Section

Short title and application

Interpretation

Establishment of Poisons Board

Proceedings of Board

Powers of Board to regulate proceedings

Power of Minister to amend Poisons List

Application of the Act

Control of imports of poisons

Packaging, labelling and storing of poisons

10.

Transport of poisons

11.

Control of manufacture of preparations containing poison

12.

Control of compounding of poisons for use in medical treatment

13.

Possession for sale of poison and sale of poison in contravention of this

Act an offence

14.

Control of acetylating substances

15.

Sale of poisons by wholesale

16.

Sale of poisons by retail

17.

Prohibition of sale to persons under 18

18.

Restriction on the sale of Part I poisons generally

19.

Supply of poisons for the purpose of treatment by professional men

20.

Group A Poisons

21.

Group B Poisons

22.

Group C Poisons

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ACT 366

Section

23.

Group D Poisons

24.

Prescription book

25.

Sale of Part II Poisons

26.

Licences

27.

28.

Annual list to be published

29.

Control of import manufacture and sale of lead tetra ethyl

Control of import, export, manufacture, sale, etc., of psychotropic

30.

substances

31.

Powers of investigation, examination and entry into premises

32.

Penalties

33.

Sessions or Magistrate's Court to have full jurisdiction over offences

against this Act

34.

Sanction to prosecute and conduct of prosecutions

35.

Regulations

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

Poisons

LAWS OF MALAYSIA

Act 366

POISONS ACT 1952

An Act to regulate the importation, possession, manufacture,

compounding, storage, transport, sale and use of poisons.

[Peninsular Malaysia--1 September 1952;

Sabah and Sarawak--1 June 1978]

Short title and application

1. (1) This Act may be cited as the Poisons Act 1952.

(2) This Act shall apply throughout Malaysia.

Interpretation

2. (1) In this Act, unless the context otherwise requires--

"Acetylating substance" includes acetic anhydride, acetyl chloride

and acetyl bormide;

"animal treatment" means the treatment of animal ailments;

"British Pharmacopoeia" and "British Pharmaceutical Codex"

respectively include supplements thereto;

" c o m p o u n d i n g " , and its grammatical variations, mean the

preparation, weighing, measuring and mixing if necessary of drugs

and chemicals for the treatment of ailments;

"contravention" of a provision includes a failure to comply with

such provision;

"conveyance" includes ship, train, vehicle, aircraft or any other

means of transport by which persons or goods can be carried;

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ACT 366

"dental treatment" means the treatment of human ailments of

the teeth or jaws or accessory structures or the performance of

operations or the giving of treatment commonly undertaken or

given by those practising dentistry;

"Director General of Health" means the Director General of

Health, Malaysia;

"dispensed medicine" means a medicine supplied by a registered

medical practitioner, registered dentist or veterinary surgeon under

and in accordance with section 19 or supplied, for the purpose of

the medical, dental or animal treatment, of a particular individual

by a licensed pharmacist on the premises specified in his licence;

"Drug Enforcement Officer" means any registered pharmacist in

the public service duly authorized in writing by the Licensing

Officer under subsection 31(1);

"estate" means any agricultural land exceeding twenty-five acres

in extent upon which agricultural operations of any kind are carried

on or upon which the produce of any plants or trees is collected

or treated or any mine to which the provisions of Part IX of the

*Labour Code of the Federated Malay States [F.M.S. Cap. 154]

or any of such provisions or any provisions, corresponding to such

provisions, in force in any State have been lawfully applied;

"estate hospital" means a hospital or dispensary maintained by

an employer on or in the neighbourhood of an estate for the

treatment of labourers thereon and includes a group hospital within

the meaning of the Labour Code of the Federated Malay States or

of any written law in any State corresponding thereto;

"exempted preparation" means a preparation containing a poison

of the kind or having the strength or otherwise coming within the

description specified in the last column of the Poisons List entitled

"Exempted Preparations";

"generally accepted name" means the name by which a substance

is generally known in the trade;

"a Group A Poison" "a Group B Poison" "a Group C Poison"

"a Group D Poison" "a Group E Poison" and "a Group F Poison"

*NOTE--This Code has been repealed by the Employment Act 1955 [Act 265], Worker's Minimum

Standards of Housing and Amenities Act 1990 [Act 446] and the Indian Immigration Funds (Winding Up)

Ordinance 1958 [No. 25 of 1958]. For detailssee Appendix.

Poisons

respectively means a poison having the strength or otherwise coming

within the description specified in the column of the Poisons List

entitled Group A, Group B, Group C, Group D, Group E or Group

F respectively opposite to the name of such poison appearing in

the first column of the Poisons List;

"Licensing Officer" means a person appointed to be a Licensing

Officer under section 26 and includes the Director General of

Health;

"licensed pharmacist" means a registered pharmacist who is the

holder of a Type A Licence issued to him under section 26;

"licensed retailer" means a person holding a licence issued to

him under section 26 to sell poisons by retail and includes a listed

seller;

"licensed wholesaler" means a person holding a licence issued

to him under section 26 to sell poisons by wholesale;

"listed seller" means a person holding a Type C Licence issued

to him under section 26;

" m a n u f a c t u r e " and its grammatical variations, mean the

preparation, compounding, mixing and making of a pharmaceutical

preparation in bulk but does not include the dispensing of a

pharmaceutical preparation for a particular individual;

"medical treatment" means the treatment of human ailments;

"Minister" means the Minister charged with the responsibility

for medical and health services;

"Part I Poison" means a Group A, Group B, Group C, Group

D, Group E or Group F poison specified in the column of the

Poisons List entitled "Part I" of the First Schedule;

"Part II Poison" means a poison specified in the column of the

Poisons List entitled "Part II" of the First Schedule;

"poison" means any substance specified by name in the first

column of the Poisons List and includes any preparation, solution,

compound, mixture or natural substance containing such substance,

other than an exempted preparation or an article or preparation

included for the time being in the Second Schedule;

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ACT 366

"Poisons List" means the Poisons List set out in the First Schedule

as amended from time to time in accordance with section 6;

"possess for sale" and its grammatical variations include having

in possession knowing that the article possessed is likely to be sold

or exposed for sale;

"premises" includes any house, shop, store, room, cubicle, shed,

conveyance, structure or any place whether open or enclosed;

"retail sale" means any sale other than a wholesale sale;

"registered dentist" means a dental practitioner registered in

Division I or Division II of the Register kept under subsection

11(1) of the Dental Act 1971 [Act 51]; and "registered dentist

Division I" and "registered dentist Division II" means a dental

practitioner whose name has been registered in the first or second

division respectively of the said Register;

"registered medical practitioner" means a medical practitioner

registered under the Medical Act 1971 [Act 50];

"registered pharmacist" means a pharmacist registered under

any written law relating to the registration of pharmacists, and

includes, in Sabah or Sarawak, a person holding a qualification

recognized by the Director of Medical Services in Sabah or Sarawak,

as the case may be, as a sufficient guarantee of the possession of

the requisite knowledge and skill for the efficient practice of the

profession of a pharmacist;

"sell" or "sale" includes barter and also includes offering or

attempting the sell;

"supply" includes the supply of commercial samples and dispensed

medicines, but does not include the direct administration by or

under the immediate personal supervision of a registered medical

practitioner or registered dentist of a poison or medicine to his

patient in the course of treatment where such administration is

authorized under section 19;

"veterinary officer" has the meaning assigned thereto in the

Veterinary Surgeons Act 1974 [Act 147];

Poisons

"Peninsular Malaysia" has the meaning assigned thereto in

section 3 of the Interpretation Acts 1948 and 1967 [Act 388], and

includes the Federal Territory of Kuala Lumpur and Labuan;

" w h o l e s a l e " means a sale to any person who intends to

sell again and any sale by a licensed wholesaler authorized by

paragraphs (d) to (j) inclusive of subsection 15(2);

"written law" has the meaning assigned thereto in the Interpre-

tation Acts 1948 and 1967.

(2) In this Act where anything is required to be done under the

immediate personal supervision of any person it shall be deemed

to have been so done if such person was at the time it was done

upon the premises where it was done and available for immediate

consultation by the person doing such thing:

Provided that where any dispensing compounding or mixing of

any poison with any other substance is required to be done under

the immediate personal supervision of any person, it shall not be

deemed to have been so done unless such person has himself

checked such dispensing, compounding or mixing.

Establishment of Poisons Board

3. (1) For the purpose of this Act and to advise the Minister

generally thereon, there shall be established an advisory board,

called the Poisons Board, consisting of the members following:

(a) the Director General of Health who shall be an ex-officio

member;

(b) one pharmacist holding office in the service of the

Government to be appointed by the Minister;

(c) one officer of the Department of Chemistry to be appointed

by the Minister;

(d) one officer of the Department of Agriculture to be appointed

by the Minister;

(e) one officer of the Veterinary Department holding office

in the service of the Government to be appointed by the

Minister; and

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ACT 366

(f) eight persons ordinarily resident in Malaysia and not in

the service of any Government in the Federation to be

appointed by the Minister who shall be nominated as

follows:

(i) one by the Malaysian Medical Association;

(ii) one by the Malaysian Medical Council established

under the Medical Act 1971;

(iii) one by the Malaysian International Chambers of

Commerce and Industry;

(iv) o n e by the Associated Chinese Chambers of

Commerce and Industry of Malaysia;

(v) one by the Malay Chambers of Commerce;

(vi) o n e by the Associated Indian Chambers of

Commerce, Malaysia;

(vii) one by the Malaysian Pharmaceutical Association;

and

(viii) one by the Malaysian Rubber Producer's Council.

(2) Every member, other than the ex officio members, shall,

unless he shall sooner resign, hold office for a period of three

years or such shorter period as the Minister may in any particular

case determine from the date of his appointment.

(3) Any person ceasing to be member of the Board shall be

eligible for reappointment.

(4) The Minister may appoint a person similarly qualified to be

a temporary member of the Board during the incapacity through

illness or during the absence from Malaysia of any member, other

than an ex officio member, of the Board:

Provided that no person shall be appointed in the place of a

m e m b e r nominated under paragraph (1 )(g) except upon the

nomination by the body by which such member was nominated.

(5) Every such temporary member shall be deemed to be a

member of the Board.

Poisons

Proceedings of Board

4. (1) The Director General of Health shall be the Chairman of

the Poisons Board and shall preside at all meetings which he

attends.

(2) In the absence of the Chairman