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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];

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"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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(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.

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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 from any meeting the members

present shall elect one of their members to preside.

(3) The Chairman or member presiding at any meeting shall

have an original vote and also, if upon any question the votes are

equally divided, a casting vote.

(4) The Board shall meet at such places and times as the Chairman

may appoint and at any meeting four members including the Chairman

or member presiding shall form a quorum.

(5) The Board may invite any one or more persons to attend

any meeting of the Board but a person so attending shall not have

the right to vote at the meeting.

(6) There may be paid to members of the Board such allowances

and other expenses as may be determined by the Board with the

approval of the Minister and such allowances and expenses shall

be payable out of the general revenues of the Federation.

(7) The Minister may, after consultation with the Board, appoint

a Secretary to the Board who shall not be a member of the Board

or have any right to vote at its meetings.

Powers of Boards to regulate proceedings

5. (1) Subject to this Act the Poisons Board shall have power to

regulate its own procedure.

(2) No action or proceeding of the Board shall be questioned

on the ground--

(a) of the existence of any vacancy in the membership or any

defect in the constitution of the Board; or

(b) of any omission, defect or irregularity in procedure not

affecting the merits of the case.

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Power of Minister to amend Poisons List

6. The Minister may, from time to time, after consultation with

the Poisons Board by order notified in the Gazette, add to, remove

from or reinstate in the Poisons List any substance as he may deem

fit or proper, or remove from transfer to or include in any column

of the Poisons List any poison, or exempted preparation or amend

any definition of any poison or exempted preparation contained in

such list or in any column thereof.

Application of the Act

7. (1) Nothing in this Act shall apply--

(a) to any exempted preparation; or

(b) to any article or preparation specified in the Second

Schedule.

(2) The Minister may, from time to time, after consultation with

the Poisons Board by order notified in the Gazette, add to or

remove from the Second Schedule any article or preparation.

(3) Save in so far as is expressly provided by any regulation

made under this Act, this Act shall not apply to the sale or supply

of any poison or of any medicine containing poison by any officer

or person, who

(a) is employed in any hospital, infirmary, dispensary or

veterinary hospital wholly maintained by the Government

of Malaysia or any State Government or by any local

authority or out of public funds or by a charity approved

by an order, whether general or special, of the Director

General of Health, and who sells or supplies in the course

of his duty such poison or medicine to any out patient

of such hospital, infirmary or dispensary for the medical

or dental treatment of such patient or, in the case of an

officer or person employed in a veterinary hospital, to

any person for the animal treatment of any animal tended

by him; or

(b) is employed in any hospital, infirmary, dispensary, clinic,

nursing home or other institution at which human ailments

are treated, and who sells or supplies in the course of his

duty such poison or medicine for the use in the wards,

operating theatres or other sections thereof:

Poisons

Provided that such sale or supply is made and conducted in

accordance with any regulations expressly applicable thereto made

under this Act.

Control of imports of poisons

8. (1) No person other than a person licensed under this Act in

that behalf shall import any poison from any place outside Malaysia.

(2) This section shall not apply to--

(a) any person arriving in Malaysia from a place outside

Malaysia who imports, as part of his personal luggage

and solely for his personal use or for the use of his

family, a prepared or packaged medicine containing any

poison, not exceeding such quantities as may be reasonably

required for one month's use by one person; and

(b) any person importing a prepared or packaged medicine

containing any poison for his own personal use or for

that of his family by letter or parcel post, in such quantities

and subject to such conditions as may be prescribed by

regulations made under this Act; and

(c) any officer of the Government importing in the course

of his duty any poison on account of the Government;

and

(d) any other person whom the Minister may absolutely or

conditionally exempt from the provisions of this section.

(3) Any person who imports any poison in contravention of this

section or who contravenes any term or condition of any licence

granted to him or the provisions of any regulation made or any

condition of any exemption granted to him under this section shall

be guilty of an offence against this Act.

Packaging, labelling and storing of poisons

9. (1) No person, whether licensed under this Act or not, shall

knowingly sell, supply, keep or have in his possession or under

his control or store any poison otherwise than in accordance with

the regulations made under this Act and in force relating to the

possession, containers, packaging, labelling or storing of such

poison.

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(2) In any proceedings under this section if any person is proved

to have sold, kept or had in his possession or under his control or

stored any poison he shall be deemed to have done so knowingly,

unless the contrary is proved by him.

(3) Any person who contravenes subsection (1) shall be guilty

of an offence against this Act.

Transport of poisons

10. No person shall transport or consign for transport any poison

otherwise than in accordance with the regulations made under this

Act.

Control of manufacture of preparations containing poison

11. No preparation containing any poison shall be manufactured

otherwise than in accordance with the regulations made under this

Act.

Control of compounding of poisons for use in medical treatment

12. (1) No person shall dispense, compound or mix any poison

with any other substance, whether a poison or not, for the purpose

of its being used for medical treatment unless he is--

(a) a registered pharmacist or a person working under the

immediate personal supervision of a registered pharmacist;

(b) a person acting in the course of his duties who is employed

in a hospital or dispensary maintained by the Government

of Malaysia or any State Government or out of public

funds or by a charity approved by an order whether general

or special of the Director General of Health or in an

estate hospital and who is authorized in writing by the

registered medical practitioner for the time being in charge

of such hospital or dispensary to dispense, compound

and mix poison; or

(c) a registered medical practitioner or a person working

under the immediate personal supervision of such a

practitioner who dispenses, compounds or mixes poisons

for the use of such practitioner or of his patients.

Poisons

(2) No poison shall be dispensed, compounded or mixed with

any other substance whether a poison or not otherwise than in

accordance with any regulations made under this Act.

Possession for sale of poison and sale of poison in contravention

of this Act an offence

13. Any person who--

(a) possesses for sale any poison, unless he is licensed under

this Act to sell or supply such poison or authorized under

section 18 to sell or supply such poison; or

(b) sells or supplies any poison in contravention of, or otherwise

than in accordance with, this Act, or of any regulations

made thereunder or of the terms and conditions of any

licence issued to him under this Act, relating to the sale

or supply of poison, or relating to the sale or supply of

poison included in that Part or Group of the Poisons List

in which the poison so sold or supplied is included;

shall be guilty of an offence against this Act.

Control of acetylating substances

14. (1) Any person who has in his possession an acetylating

substance shall be guilty of an offence against this Act unless he

proves--

(a) that he is licensed under this Act;

(b) that he is authorized under this Act; or

(c) that the acetylating substance is in his possession for a

lawful purpose.

(2) In any prosecution for an offence under this section, any

person who is found to have in his custody or under his control

any acetylating substance shall be deemed to have been in possession

of the substance and to have known the nature of the substance,

until he proves to the contrary.

(3) Any person convicted of an offence against this section

shall be liable to imprisonment for a term not exceeding fourteen

years and not less than three years, and he shall also be punished

with whipping of not less than six strokes.

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(4) Notwithstanding any other provision in any other written

law to the contrary, a person charged under this section shall not

be granted bail.

Sale of poisons by wholesale

15. (1) No poison shall be sold by wholesale except by a licensed

wholesaler in accordance with the terms and conditions of his

licence.

(2) No poison shall be sold by a licensed wholesaler except

to--

(a) a person licensed to retail such poison;

(b) a purchaser outside Malaysia to whom such poison is to

be immediately exported on sale;

(c) another licensed wholesaler;

(d) the owner or the manager acting on behalf of the owner

of any estate for the purpose of the business of such

estate or for enabling such owner, or his manager acting

on his behalf, to comply with any requirements made by

or under any written law with respect to the medical

treatment of persons employed on such estate; or

(e) a professional person or tradesman for the purpose of

such person's or trademan's profession or trade and not

for resale;

(f) a registered medical practitioner or a registered dentist

for the treatment of his patients or a veterinary surgeon

for the treatment of any animal which such surgeon is

employed to treat;

(g) a licensed pharmacist;

(h) a Government Department, local authority or public body;

(i) a hospital, infirmary, dispensary or veterinary hospital

maintained by the Government of Malaysia or any State

Government or by any local authority or out of public

funds or by a charity approved by an order, whether

general or special, of the Director General of Health;

(j) a person or institution concerned with scientific education

or research or chemical analysis for the purpose of such

education, research or analysis.

Poisons

(3) The seller by wholesale of any poison shall not deliver it

until--

(a) he has made or caused to be made an entry in a book to

be kept for such purpose, in the prescribed form, stating

the name and address of the purchaser, the date of the

sale, the name and quantity of the poison sold and the

purposes for which it is stated by the purchaser to be

required; and

(b) the purchaser has affixed his signature to the entry or has

forwarded to the seller a written order in respect of such

sale signed by the purchaser and containing the particulars

required to be entered under this subsection. Every such

written order shall be retained by the seller and a reference

to the file in which such order is retained shall be entered

in the book in place of the purchaser's signature.

(4) Notwithstanding subsection (3), if it shall appear to the

seller that any poison is required urgently and that it is impossible

or unreasonable to obtain the signature of the purchaser or his

signed written order before delivery thereof, it shall be lawful for

the seller, after making an entry in the book stating the reasons

for his action and the date of delivery, to deliver such poison to

the purchaser without such signature or order:

Provided that, in every such case, the seller shall take all necessary

steps to obtain, and the purchaser shall forward, a written order

signed by the purchaser in respect of such sale, within seven days

of the date of such delivery.

(5) Any purchaser who fails or neglects to forward to the seller

a written order duly signed by him within the time prescribed by

the proviso to subsection (4) in respect of any poison delivered to

him under the provisions of such subsection shall be guilty of an

offence against this Act.

(6) Nothing in this section shall be held to authorize the sale

by wholesale of any particular kind of poison otherwise than in

accordance with this Act or of any regulations made thereunder

relating to such kind of poison.

(7) Any person who sells or delivers any poison by wholesale

in contravention of this section shall be guilty of an offence against

this Act.

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ACT 366

Sale of poisons by retail

16. (1) Subject to section 18 no poison shall be sold by retail

except by a person licensed to sell such poison by retail and in

accordance with the terms and conditions of such licence.

(2) Every such sale shall be effected on the premises specified

in such licence.

(3) Every such sale shall be effected by or under the immediate

personal supervision of the person named in such licence.

(4) Every such sale shall be effected in accordance with this

Act and of any regulations made thereunder relating to such poison.

(5) Any person who sells any poison by retail in contravention

of this section shall be guilty of an offence under this Act.

Prohibition of sale to persons under 18

17. (1) No poison shall be sold or supplied to any person under

eighteen years of age, otherwise than for purposes of the medical

treatment of such person.

(2) Any person contravening this section shall be guilty of an

offence against this Act.

(3) It shall be a sufficient defence to any charge under this

section that the person charged had reasonable cause to believe

that the person to whom such sale was made was above the age

of eighteen years.

Restriction on the sale of Part I poisons generally

18. (1) Part I Poison shall not be sold or supplied to any person

except--

(a) by wholesale in accordance with section 15; or

(b) by retail sale effected by or under the immediate personal

supervision of a licensed pharmacist:

Provided that a Group F Poison may be sold or under

the immediate personal supervision of a listed seller as

well as by a licensed pharmacist; or

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(c) as an ingredient of a dispensed medicine, by a registered

medical practitioner, registered dentist or veterinary surgeon

in accordance with section 19; or

(d) to be exported to purchasers outside Malaysia; or

(e) to a person or institution concerned with scientific education

or research or chemical analysis and for the purpose of

such education research or analysis.

(2) Nothing in this section shall be deemed to authorize the sale

of any kind of poison otherwise than in accordance with this Act

or of any regulations made thereunder relating to such kind of

poison or otherwise than in accordance with the terms and conditions

of the licence in that behalf held by the seller.

Supply of poisons for the purpose of treatment by professional

men

19. (1) Any poison other than a Group A Poison may be sold,

supplied or administered by the following persons for the following

purposes:

(a) a registered medical practitioner may sell, supply or

administer such poison to his patient for the purposes of

the medical treatment of such patient only;

(b) a registered dentist Division I may sell, supply or administer

such poison to his patient for the purposes of the dental

treatment of such patient only; and

(c) a veterinary officer may sell or supply such poison to his

client for the purposes of animal treatment only.

(2) A registered dentist Division II may sell, supply or administer

to his patient for the purposes of the dental treatment of such

patient only any poison other than a Group A or a Group B Poison.

(3) Every medicine containing any poison sold or supplied under

subsection (1) or (2) shall be prepared by or under the immediate

personal supervision of such practitioner, dentist or veterinary

officer, as the case may be:

Provided that any medicine, received by such practitioner, dentist

or veterinary officer in a prepared state from a manufacturer or

wholesaler, shall be deemed, for the purposes of this section, to

have been prepared by such practitioner, dentist or veterinary

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ACT 366

officer respectively, if the receptacle containing such medicine is

labelled by or under the immediate personal supervision of such

practitioner, dentist or veterinary officer in such manner as may

be prescribed by regulations made under this Act, relating to the

labelling of dispensed medicines.

(4) Any medical practitioner, dentist or veterinary officer who

sells or supplies any poison or medicine containing a poison not

prepared by him or under his immediate personal supervision shall

be guilty of an offence against this Act.

Group A Poisons

20. Group A Poison shall not be sold or supplied by wholesale

or retail except--

(a) by a licensed wholesaler to a licensed pharmacist or to

another licensed wholesaler; or

(b) by a licensed wholesaler to be immediately exported to

a purchaser outside Malaysia.

Group B Poisons

21. (1) Group B Poison shall not be sold or supplied by retail

to any person except--

(a) where the sale or supply of such poison, if it had been

a Group A Poison, would have been authorized under

section 20;

(b) by a registered medical practitioner, registered dentist

Division I or veterinary officer selling or supplying the

same in accordance with section 19; or

(c) by a licensed pharmacist, as a dispensed medicine on and

in accordance with a prescription prescribed by a registered

medical practitioner, registered dentist or veterinary officer

in the form required by subsection (2) and when supplied

in accordance with this Act and of any regulations made

thereunder relating to such sale or supply on a prescription.

Form of prescription for Group B Poison

(2) Every prescription for any Group B Poison prescribed by a

registered medical practitioner, registered dentist, or registered

veterinary officer shall--

(a) be in writing signed and dated by the prescriber thereof;

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(b) state the address of the prescriber;

(c) state the name and address of the patient or, in the case

of a prescription by a veterinary officer, the name and

address of the person to whom such medicine is to be

delivered;

(d) indicate the total amount of medicine to be supplied and

the dose; and

(e) specify the number of times (not exceeding three) the

medicine may be dispensed and, if dispensed more than

once, at what intervals.

(3) No person shall sell or supply by retail any Group B Poison

on a prescription which does not comply with all the requirements

of subsection (1) or which contravenes subsection (5) or shall sell

or supply such poison otherwise than in accordance with the terms

of such prescription.

(4) Every person selling or supplying any Group B Poison on

a prescription shall, at the time of selling or supplying the same,

endorse upon the face of the prescription, above the signature of

the prescriber, his name and address and the date on which such

poison or medicine was sold or supplied.

(5) No prescription for any Group B Poison shall be written

wholly or partly in code or in such manner that it is not readily

decipherable and capable of being dispensed by any pharmacist.

(6) Notwithstanding the provisions of the foregoing subsection

of this section, if it shall appear to the seller or supplier that any

medicine is required urgently and that it is impossible without

unreasonable delay to obtain a prescription complying with the

requirements of subsection (1), it shall be lawful for the seller or

supplier, after making an entry to that effect in his prescription

book, upon the verbal or telephoned instructions of a medical

practitioner, personally known to him, to sell or supply such poison

without such prescription:

Provided that in every such case the seller or supplier shall take

all necessary steps to obtain, and the prescriber shall deliver, a

prescription in accordance with subsection (1) within one day of

the date of such sale or supply.

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(7) Any person, selling or supplying any Group B Poison in

contravention of this section, of failing or neglecting to endorse

s u c h prescription as required by subsection (4), or writing

a n y prescription in code or otherwise in contravention of

subsection (5), or failing to take any necessary step to obtain, or

failing to deliver, the prescription as required by subsection (6),

shall be guilty of an offence against this Act.

Group C Poisons

22. Group C Poison shall not be sold or supplied by retail to any

person except--

(a) where the sale or supply of such poison, if it had been

a Group B Poison, would have been authorized under or

b y virtue of, and is effected in accordance with

section 21; or

(b) as a dispensed medicine or an ingredient in a dispensed

medicine.

Group D Poisons

23. (1) Group D Poison shall not be sold or supplied by retail to

any person except--

(a) where the sale or supply of such poison, if it had been

a Group C Poison, would have been authorized under or

by virtue of section 22; or

(b) by a licensed pharmacist to a person known personally

to such pharmacist or introduced to the pharmacist

personally by a person known personally to the pharmacist

and when such poison is sold or supplied in accordance

with this section and of any regulations made under this

Act relating to such sale or supply.

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(2) Where any Group D Poison is sold to any person by a

retailer otherwise than as a dispensed medicine or an ingredient

in a dispensed medicine, the retailer shall not deliver it until--

(a) he has made or caused to be made an entry in a book to

be kept for such purpose in the prescribed form (in this

Act referred to as the "Poisons Book") stating the name

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and address of the purchaser and the name and address

of the person (if any) introducing such purchaser, the

date of the sale, the name and quantity of the poison sold

and the purposes for which it is stated by the purchaser

to be required; and

(b) the purchaser has affixed his signature to the entry or has

forwarded to the retailer a written order in respect of

such sale signed by the purchaser containing the particulars

required to be entered in the Poisons Book under this

section. Every such written order shall be retained by the

seller and a reference to the file in which such order is

retained shall be entered in the book in the place of the

purchaser's signature.

(3) Notwithstanding subsection (2) if it shall appear to the retailer

that any such poison is required urgently and that it is impossible

or unreasonable to obtain the signature of the purchaser or his

signed written order before delivery thereof it shall be lawful for

the retailer after making an entry in the Poisons Book stating the

reasons for his action and the date of delivery to deliver such

poison to the purchaser without such order or signature:

Provided that in every such case the retailer shall take all necessary

steps to obtain, and the purchaser shall forward, a written order

signed by the purchaser in respect of such sale within seven days

of the date of such delivery.

(4) Any purchaser who fails or neglects to forward to the seller

a written order, duly signed by him, within the time prescribed by

subsection (3), in respect of any poison delivered to him under the

provisions of such subsection, shall be guilty of an offence against

this Act.

(5) Subject to subsection (3), any retailer who delivers to any

person any Group D Poison in contravention of subsection (2)

shall be guilty of an offence against this Act.

Prescription book

24. (1) Where any poison is sold or supplied as a dispensed medicine

or as an ingredient in a dispensed medicine, the seller or supplier

shall, on the day on which such poison or medicine is sold or

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supplied, enter or cause to be entered in a book, kept for such

purpose (in this Act referred to as the "Prescription Book")--

(a) the date on which the medicine was sold or supplied and

the serial number of the entry in such book of the

prescription (if any);

(b) the name of the poison and the ingredients of the medicine

or, in the case of a proprietary medicine, the name of the

medicine and the quantity supplied;

(c) in the case of a sale or supply by a retailer on a prescription,

the name of the patient, or, when the prescriber is a

veterinary officer, or the prescription relates to animal

treatment, the name of the recipient; and

(d) in the case of a sale or supply as a dispensed medicine

otherwise than on a prescription, the name and address

of the person to whom it was sold or supplied:

Provided that when a prescription is repeated it shall be sufficient

to enter in the prescription book the date, the serial number of the

sale, supply and prescription (if any) originally entered and the

name of the patient or recipient.

(2) In this section "prescription" means any written or oral

instruction to the seller or supplier to supply any poison, or medicine

containing any poison, for the purpose of the medical, dental or

animal treatment of any person or animal, given by any person;

and "prescriber" means the person giving such instructions or

causing such instructions to be given to the seller or supplier.

(3) If any prescription is given orally, such prescription shall

be confirmed by a written prescription within one day.

Sale of Part II Poisons

25. (1) No person shall sell or supply any Part II Poison otherwise

than in accordance with this Act and of any regulations made

thereunder.

(2) No person, licensed to sell Part II Poisons only, shall sell

any arsenical or mercurial poison to any person, unless such person

is engaged in agriculture, horticulture or the trade or business of

curing skins or hides or the preservation of buildings or other

structures, liable to be destroyed by insects, and requires such

poison for the purpose of such agriculture, horticulture, trade or

business.

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(3) Any person selling or supplying any Part II Poison in

contravention of subsection (1) or (2) shall be guilty of an offence

against this Act.

Licences

2 6 . ( 1 ) T h e Director General of Health, or the Director of

Pharmaceutical Services or the Director of Medical and Health

Services of any State duly appointed in writing by the Director

General of Health to be a Licensing Officer of any State or the

Federal Territory may, subject to this Act, issue licences for the

purposes of this Act.

(2) Such licences may be--

(a) a Type A licence issued to a pharmacist to import, store

and deal generally by wholesale and retail or by wholesale

only or by retail only, subject to this Act, in all poisons;

(b) a Type B licence issued to any person whom the Licensing

Officer may consider to be a fit and proper person to hold

such licence, or issued to a responsible officer of a company

incorporated under the Companies Act 1965 [Act 125] to

import, store and sell by wholesale such poisons (not

being a Group A Poison) as may be specified in such

licence:

Provided that no such licence shall be issued to any

person or officer who is engaged or concerned in any

business of selling goods by retail or shall continue valid

at any time after such person or officer becomes so engaged

or concerned;

(c) a Type C licence issued to any person (in this Act referred

to as "a listed seller"), whom the Licensing Officer may

consider to be a fit and proper person to hold such licence,

to store and sell by retail Group F Poisons only:

Provided that no such licence shall be issued within a

local authority area unless there is no pharmacist, licensed

to sell by retail, carrying on business within such area;

(d) a Type D licence issued to any person, whom the Licensing

Officer may consider to be a fit and proper person to hold

such licence, to store and sell by retail such Part II Poisons

as may be specified therein; or

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(e) a Type E licence issued to any person who in the course

of his business uses Sodium Hydroxide in such substantial

quantity that the Licensing Officer deems it appropriate

to issue to him a licence to import, store and use Sodium

Hydroxide.

(3) Every such licence shall be substantially in the form prescribed

applicable to the type of such licence and shall state the name of

the person to whom it is issued, and the premises on which any

sale or use may be effected, and the period for which such licence

is valid.

(4) Every such licence shall be subject to such terms and

conditions, not inconsistent with this Act or of any regulations

made thereunder, as the Licensing Officer may in his discretion

impose, subject however in all cases to appeal to the Minister.

(5) The Licensing Officer may, in his discretion, refuse to issue

any such licence or may cancel any such licence previously issued:

Provided that any person aggrieved by the refusal of the Licensing

Officer to issue a licence or by the cancellation of a licence may

appeal to the Minister whose decision shall be final.

(6) Every such licence shall be personal to the licensee named

therein and shall not in any case, be transferable to another person

and no licence shall authorize the sale of any poison by any person

other than the person named therein or otherwise than under his

personal supervision, provided that the Licensing Officer, if he

sees fit, may amend on a licence the address of the premises at

which the person licensed carries on the business or profession in

respect of which he is licensed.

Register of licences

27. (1) Every licence, issued under this Act by a Licensing Officer

for any State in such State, shall be numbered consecutively in

respect of each type and of the year in which it was issued,

commencing each year with the number one.

(2) The Licensing Officer for each State shall keep a register

of licences issued by showing all the particulars of each licence

so issued, and the entries in such register shall be numbered to

correspond with the serial numbers of the licences and there shall

be noted in the register, in the event of the cancellation of any

licence, the date of such cancellation.

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(3) Any extract from or copy of an entry in a register kept under

this section shall be prima facie evidence of the facts stated therein,

if such extract or copy is certified under the hand of the Licensing

Officer to be a true extract or copy.

Annual list to be published

28. (1) The Director General of Health shall, in or about the

month of February in each year, cause to be printed and published,

in the Gazette, lists of all persons, named in alphabetical order,

licensed under this Act together with particulars of the nature of

the licence or licences issued to each such person, and specifying

the profession or business and the premises in respect of which

such licences have been issued.

(2) Every list so published shall be prima facie evidence that,

at the date to which such list relates, the persons therein named

are or were licensed under this Act in the manner stated in such

list, and that any person not named therein is or was not licensed

under this Act.

Control of the import manufacture and sale of lead tetra ethyl

29. (1) In this section--

"lead tetra ethyl" includes other similar lead containing compounds

used as ingredients of motor fuel;

"ethyl petrol" means motor spirit containing lead tetra ethyl;

"concentrated ethyl fluid" means any fluid containing lead tetra

ethyl in a proportion exceeding one part to nine hundred and fifty

parts in volume.

(2) Notwithstanding any other provisions, including section 7

of this Act, or of any licence issued under any other provisions

of this Act, no person shall manufacture lead tetra ethyl or sell,

import, possess or use any ethyl petrol or concentrated ethyl fluid

otherwise than in accordance with any regulations applicable thereto

made under this Act.

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

substances

30. (1) In this section, "psychotropic substance" means any of the

substances specified in the Third Schedule.

(2) The Minister may, from time to time, after consultation with

the Poisons Board, by order published in the Gazette amend the

Third Schedule.

(3) Notwithstanding any other provisions in this Act, no person

shall import, export, manufacture, compound, mix, dispense, sell,

supply, administer, possess or use any psychotropic substance

otherwise than in accordance with any regulations applicable thereto

made under this Act.

(4) In any prosecution for an offence under this section, any

person who is found to have in his custody or under his control

any psychotropic substance shall be deemed to have been in

possession of the substance and to have known the nature of the

substance, until he proves to the contrary.

(5) Any person who contravenes subsection (3) or any regulations

made under this Act relating to psychotropic substances shall be

guilty of an offence and shall, on conviction, be liable to a fine

not exceeding ten thousand ringgit or to imprisonment for a term

not exceeding four years or both.

Powers of investigation, examination and entry into premises

31. (1) The Licensing Officer may authorize in writing any registered

pharmacist in the public service to exercise the powers of a Drug

Enforcement Officer under this Act.

(2) A Drug Enforcement Officer may investigate the commission

of an offence under this Act.

(3) A Drug Enforcement Officer making an investigation under

subsection (2) may examine orally any person supposed to be

acquainted with the facts and circumstances of the case.

(4) The person referred to in subsection (3) shall be bound to

answer all questions relating to the case put to him by the Drug

Enforcement Officer except that he may refuse to answer any

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question if the officer fails or refuses on demand to produce to him

the authorization in writing given by the Licensing Officer to the

officer under subsection (1) and that such person may refuse to

answer any question the answer to which would have a tendency

to expose him to a criminal charge or penalty or forfeiture.

(5) A person making a statement under this section shall be

legally bound to state the truth whether or not such statement is

made wholly or partly in answer to questions.

(6) A Drug Enforcement Officer examining a person under

subsection (3) shall first inform that person of the provisions of

subsections (4) and (5).

(7) A statement made by any person under this section shall,

whenever possible, be reduced into writing and, after it has been

read to the person in the language in which he made it and he has

been given an opportunity to make any corrections he may wish,

shall be signed by him or affixed with his thumbprint.

(8) When any Drug Enforcement Officer, any police officer not

below the rank of Inspector or any Senior Customs Officer has

reasonable cause to believe that an offence under this Act or any

regulation made thereunder has been or is being committed in any

premises or in connection with any business carried on in any

premises, he may at all reasonable times by himself or by some

other person accompanying him and acting under his instructions

and in his presence enter, search and examine such premises and

may inspect, remove and detain any substance reasonably believed

to be or to contain a poison, book, document, equipment, instrument,

material or any other article found therein which in his opinion

may furnish evidence of the commission of an offence under this

Act or any regulation made thereunder and may, in case of obstruction

or resistance, break open any outer or inner door of such premises

and any cupboard, chest, trunk, package or other receptacle and

by force if necessary, enter upon any part of such premises and

remove any obstruction to such entry, search and seizure and

detain any person found in such premises until the search has been

completed.

(9) Any police officer not below the rank of Inspector or any

Senior Customs Officer may, in the exercise of his powers under

subsection (8), arrest any person, being in such premises, in whose

possession such article may be found or who is reasonably suspected

by such officer to have concealed or deposited such article therein.

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(10) Any person who obstructs or impedes a Drug Enforcement

Officer in the performance of his duties under this Act or any

regulation made thereunder shall be guilty of an offence and shall

be liable to a fine not exceeding three thousand ringgit or to

imprisonment for a term not exceeding one year or to both.

Penalties

32. (1) Any person who wilfully fails to keep any book required

to be kept under this Act or under any regulation made thereunder

or who wilfully fails to make in such book any entry required to

be made by any of this Act or of any regulation made thereunder

or who knowingly or recklessly makes any false entry in such

book which he knew to be false or which he did not believe to be

true shall be guilty of an offence and punishable by a fine not

exceeding five thousand ringgit or by imprisonment for a term not

exceeding two years or both.

(2) Any person guilty of an offence against this Act, for which

no other penalty is specifically provided by this Act or by any

regulations made thereunder, shall be punishable by a fine not

exceeding three thousand ringgit or by imprisonment for a term

not exceeding one year or both:

Provided that if the act or omission with which such person is

charged is in the opinion of the court of such a nature as to amount

to wilful default or culpable negligence, which endangered or was

likely to endanger human life, such person shall be liable, on

conviction, to a fine not exceeding five thousand ringgit or to

imprisonment for a term not exceeding two years or both.

(3) Where a person charged with an offence against this Act or

of any regulation made thereunder is a body corporate every person

who, at the time of the commission of such offence, is a director

or officer of such body corporate may be charged jointly in the

same proceedings with such body corporate and where the body

corporate is convicted of the offence charged, every such director

or officer shall be deemed to be guilty of such offence unless he

proves that the offence was committed without his knowledge or

that he took reasonable precautions to prevent its commission.

(4) Any person who would have been liable under this Act or

of any regulation made thereunder to any penalty for anything

done or omitted if such thing had been done or omitted by him

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personally, shall be liable to the same penalty if such thing has

been done or omitted by his partner, agent or servant, unless he

proves that he took reasonable precaution to prevent the doing or

omission of such thing.

(5) Any poison in respect of which an offence against this Act

has been committed shall be forfeited and delivered to the Director

General of Health for disposal.

(6) Every penalty or forfeiture imposed under this Act shall be

in addition to, and not in substitution for, any other penalty to

which the accused may be liable under any other law, and no

conviction under this Act shall be pleaded in any civil proceedings

in mitigation of damages claimed against the person convicted.

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

offences against this Act

33. A Sessions Court or a Court of a First Class Magistrate in

Peninsular Malaysia or a Sessions Court in the State of Sabah or

Sarawak shall have jurisdiction to hear and determine all prosecutions

under this Act and, notwithstanding anything to the contrary contained

in any other written law, a Sessions Court shall have power to

impose the full penalty or punishment provided by this Act.

Sanction to prosecute and conduct of prosecutions

34. (1) No prosecution shall be instituted under this Act or any

regulation made thereunder without the sanction in writing of the

Public Prosecutor.

(2) Prosecutions in respect of offences under this Act or any

regulation made thereunder may be conducted by any registered

pharmacist in the public service authorized in writing by the Public

Prosecutor.

Regulations

35. (1) The Minister may make regulations to carry out the purposes

of this Act and, in particular, but without prejudice to the generality

of the foregoing powers, may make regulations with respect to any

of the following matters or for any of the following purposes:

(a) the importation of poisons;

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(b) the manufacture of preparations containing poisons;

(c) the sale, whether by wholesale or retail, or the supply of

poisons, by or to any person or class of persons including--

(i) regulating or restricting the sale or supply of poisons

by persons licensed under this Act and prohibiting

the sale of any specified poison or class of poisons

by any class of such persons; and

(ii) dispensing with, or relaxing with respect to any

specified poison, any of the provisions contained

in this Act, or in any regulation made thereunder

relating to the sale of poisons;

(d) the storage, transport and labelling of poisons;

(e) the containers in which poisons may be sold or supplied;

(f) the addition to poisons of specified ingredients for the

purpose of rendering them readily distinguishable as

poisons;

(g) the compounding and dispensing of poisons;

(h) the period for which any books required to be kept for

the purposes of this Act are to be preserved;

(i) requiring persons in control of the manufacture of

pharmaceutical preparations containing poisons to be

registered pharmacists or persons possessing the prescribed

qualifications in chemistry;

(j) prescribing the coverings, stoppers and fastenings of and

the marks to be placed or made on or on the coverings

of or on the labels affixed to any vessel, bottle, case,

package, box or other receptacle or container whatsoever

in which any poison is kept, stored, sold or in any way

dealt with;

(k) providing exemption from the operation of this Act or of

any regulation made thereunder of such persons or classes

of persons as may seem expedient;

(l) prescribing the form of licences, registers and returns;

(m) fixing fees and exempting any person or body of persons

from the payment of such fees;

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(n) prescribing anything which may be prescribed under this

Act;

(o) the import, manufacture, possession, sale or use of lead

tetra ethyl, ethyl petrol or concentrated ethyl fluid;

(p) prescribing penalties not exceeding the penalties prescribed

in subsection 32(2) for contravention of any regulation

made under this section;

(q) the sale, whether by wholesale or retail, or the supply of

psychotropic substances by or to any person or class of

persons;

(r) t h e storage, transport and labelling of psychotropic

substances;

(s) the compounding, dispensing and mixing of psychotropic

substances;

(t) the import, export, manufacture, possession, purchase or

use of psychotropic substances;

(u) requiring persons in possession of psychotropic substances

to keep and maintain a register and prescribing the manner

in which the register should be maintained;

(v) prescribing the mode or the manner of disposal and sampling

of psychotrophic substances.

Confirmation of Regulations

(2) All regulations made by the Minister under this Act shall

be published in the Gazette and shall come into force on the date

of publication or on such other date as may be provided therein.

(3) All such regulations shall be laid as soon as conveniently

may be before the House of Representative and if a resolution of

the House of Representative is passed within the next three months

after any such regulation is laid before it that such regulation shall

be annulled as from a specified date such regulation shall be void

as from such date but without prejudice to the validity of anything

done under such regulation before such date or to the making of

a new regulation.

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