SALE OF DRUGS ACT 1952

LAWS OF MALAYSIA REPRINT Act 368 SALE OF DRUGS 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 2 ACT 368 Laws of Malaysia SALE OF DRUGS ACT 1952 First enacted … … … … … … … 1952 (Ord. No. 28 of 1952) Revised … … … … … … 1989 (Act 368 w.e.f. 1 July 1989) PREVIOUS REPRINT First Reprint … … … … … 2001 Sale of Drugs LAWS OF MALAYSIA Act 368 SALE OF DRUGS ACT 1952 ARRANGEMENT OF SECTIONS Section 1. Short title and application 2. Interpretation APPOINTMENT OF ANALYSTS, OFFICERS AND INSPECTORS AND THEIR POWERS AND DUTIES 3. Appointment of analysts, officers and inspectors 4. Power of officers and inspectors to enter, etc. 5. Power to demand, select, and take samples 6. Any person may have sample analyzed 7. Samples how taken 8. Certificate of analyst 9. Power to call for information OFFENCES AND PENALTIES 10. Offences and penalty 11. Interference with official marks 12. General penalty 13. Forfeiture of drugs upon conviction 14. Notification of conviction in newspapers PRESUMPTIONS OF LAW 15. Adulteration 16. Sale by agent or servant 17. Presumptions as to sale for human or animal consumption or use 3 4 Laws of Malaysia ACT 368 LEGAL PROCEEDINGS AND EVIDENCE Section 18. Proceedings for offences 19. No defence that offence not wilfully committed 20. Reliance on written warranty a good defence 21. Analyst’s certificate to be prima facie evidence 22. Court may order independent analysis 23. Non-disclosure 24. Recovery of fees and other expenses incidental to prosecution 25. Appeal REGULATIONS AND SUPPLEMENTAL PROVISIONS 26. Power to make regulations 27. Extended application of Act 28. Analysts’ fees Sale of Drugs 5 LAWS OF MALAYSIA Act 368 SALE OF DRUGS ACT 1952 An Act relating to the sale of drugs. [1 November 1952, L.N. 536/1952; Sabah and Sarawak—1 September 1999, P.U. (A) 380/1992; Federal Territory of Labuan—1 September 1989, P.U. (A) 381/1992] Short title and application 1. (1) This Act may be cited as the Sale of Drugs Act 1952. (2) This Act shall apply throughout Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “analyst” means an analyst appointed under this Act; “appliance” includes the whole or any part of any utensil, machinery, instrument, apparatus, or article used, or intended for use, in or for the making, keeping, preparing, or supplying of any drug; “drug” includes any substance, product or article intended to be used or capable, or purported or claimed to be capable, of being used on humans or any animal, whether internally or externally, for a medicinal purpose; “importer” includes any person who, whether as owner, consignee, agent or broker, is in possession of, or in anywise entitled to the custody, or control, of the imported article; “inspector” means any person appointed to be an inspector under section 3 of this Act; 6 Laws of Malaysia ACT 368 “medicinal purpose” means any of the following purposes: (a) allevating, treating , curing or preventing a disease or a pathological condition or symptoms of a disease; (b) diagnosing a disease or ascertaining the existence, degree or extent of a physiological or pathological condition; (c) contraception; (d) inducing anaesthesia; (e) maintaining, modifying, preventing, restoring, or interfering with, the normal operation of a physiological function; (f) controlling body weight; (g) general maintainance or promotion of health or wellbeing; “Minister” means the Minister charged with responsibility for medical and health services; “officer” means any Medical Officer of Health of the Medical Department of the Federal Government or of any State Government or of the Health Department of any Municipality, and includes the Director General of Chemistry, Malaysia, all Senior Chemists and Chemists of the Department of Chemistry and any person appointed to be an officer under section 3 of this Act; “package” includes every means by which goods for carriage or for sale are cased, covered, enclosed, contained, or packed; “sale” or “sell” includes barter and exchange and also includes offering or attempting to sell or causing or allowing to be sold or exposing for sale or receiving or sending or delivering for sale or having in possession for sale or having in possession any drug knowing that the same is likely to be sold or offered or exposed for sale. APPOINTMENT OF ANALYSTS, OFFICERS AND INSPECTORS AND THEIR POWERS AND DUTIES Appointment of analysts, officers and inspectors 3. (1) The Yang di-Pertuan Agong may appoint such number of analysts as he may consider necessary for the purpose of this Act. Sale of Drugs 7 (2) The Chief Minister may appoint such number of officers and inspectors within a State as may be necessary for the purposes of this Act. (3) The Minister may make regulations for the conduct of the duties of analysts, officers and inspectors under this Act. (4) The analysts, officers and inspectors appointed under this section shall be deemed to be public servants within the meaning of the Penal Code [Act 574]. Power of officers and inspectors to enter, etc. 4. (1) Any officer or inspector may— (a) at all reasonable times enter into and inspect any place where he has reason to believe that there is any drug intended for sale; (b) mark, seal, or otherwise secure, weigh, count or measure any drug, the sale, preparation, or manufacture of which is or appears to be contrary to this Act; (c) inspect any drug, wherever found, which he has reasonable ground for believing to be intended for sale. (2) Any officer may— (a) seize any drug, wherever found, which is, or appears to be, unwholesome or deleterious to health; (b) destroy any drug, wherever found, which is decayed or putrefied. (3) Any person claiming anything seized under this section may within forty-eight hours after such seizure complain thereof to the Court of a Magistrate and such complaint may be heard and determined by such court which may either confirm or disallow such seizure wholly or in part and may order the article seized to be restored. (4) If within forty-eight hours after such seizure no complaint has been made or if such seizure is confirmed, the article seized shall become the property of the Government and shall be destroyed or otherwise disposed of so as to prevent its being used for human consumption. 8 Laws of Malaysia ACT 368 (5) The period of forty-eight hours prescribed by subsections (3) and (4) may be enlarged by the Minister by regulation applicable to such districts or places as may be specified in the regulation. (6) Where the seizure of any drug is made in any place which is not in the occupation of the owner of the thing seized, the officer making the seizure shall forthwith give notice in writing of the seizure to the owner or to the consignor or consignee or to the agent of the owner of the thing seized, if his name and address are attached thereto or are otherwise known to the officer and such address is within Malaysia. Power to demand, select, and take samples 5. (1) On payment or tender to any person selling or making any drug, or to his agent or servant, of the current market value of the samples in this section referred to, any officer or inspector may at any place demand and select and take or obtain samples of the said drug for the purpose of analysis. (2) Any such officer or inspector may require the said person or his agent or servant to show and permit the inspection of the package in which such drug is at the time kept and to take therefrom the samples demanded. (3) Where any drug is kept for retail sale in an unopened package, no person shall be required by any officer or inspector to sell less than the whole of the contents of such package. (4) Any person who refuses or neglects to comply with any demand or requisition made by an officer or inspector in pursuance of this section commits an offence. Any person may have sample analyzed 6. Any person, other than the seller, may, on payment of the prescribed fee together with the cost of the sample, require any officer or inspector to purchase a sample of any drug and submit the same for analysis. Sale of Drugs 9 Samples how taken 7. (1) Where it is intended to submit any sample for analysis, the officer or inspector purchasing or otherwise procuring it shall, before or forthwith after procuring it, inform the seller or his agent selling the article that he intends to have the same analyzed by an analyst. (2) Such officer or inspector shall thereupon divide the sample into three parts and shall mark and seal or fasten up, in such manner as its nature will permit, each such part and shall offer one of such parts to the seller or his agent or the person having charge of the article. (3) Such officer or inspector shall subsequently deliver, either personally or by registered letter, another of such parts to an analyst, and shall retain the third of such parts. Certificate of analyst 8. (1) The certificate of the analyst shall be in the form prescribed. (2) Where any method of analysis (chemical or physical) has been prescribed by regulations made under this Act for the analysis of any drug, any analyst either for the prosecution or defence shall follow, and shall in his certificate of analysis declare that he has followed, the prescribed method in his analysis. (3) A copy of the result of any analysis of any drug procured by an officer or inspector may be obtained from the analyst by the person from whom the article so analyzed was purchased or obtained on payment of such fee as may be prescribed. (4) No such copy of any analysis nor any reproduction thereof shall be displayed or used as an advertisement and if any person so displays or uses it he commits an offence against this Act. Power to call for information 9. (1) If in the opinion of any officer appointed under section 3 there is reasonable ground for suspecting that any person is in possession of any drug or other substance for the purpose of sale or of manufacturing or preparing the same for sale in breach of this Act 10 Laws of Malaysia ACT 368 he may require such person to produce for his inspection any books or documents dealing with reception, possession, purchase, sale or delivery of any such drug or other substance. (2) Any officer mentioned in subsection (1) may make or cause to be made copies of or extracts from any such books or documents, and such copies or extracts certified as such by such officer shall, unless the contrary is proved be deemed to be true and correct copies or extracts. (3) Any person who refuses or neglects to comply with any requisition made in pursuance of this section commits an offence. (4) Any officer who does not maintain the secrecy of all matters which come to his knowledge in the performance of his official duties under this section or who communicates any such matter to any person whomsoever except for the purpose of carrying into effect the provisions of this Act commits an offence and shall be liable on conviction to a fine of one thousand ringgit. OFFENCES AND PENALTIES Offences and penalty 10. (1) Any person commits an offence who sells— (a) any adulterated drug without fully informing the purchaser at the time of the sale of the nature of the adulteration; (b) any drug in any package which bears or has attached thereto any false or misleading statement, word, brand, label or mark purporting to indicate the nature, quality, strength, purity, composition, weight, origin, age or proportion of the article contained in the package or of any ingredient thereof; (c) any drug containing any substance the addition of which is prohibited; (d) any drug containing a greater proportion of any substance than is permitted; (e) any drug for internal use which contains