Section 15 — POISONS ACT 1952

(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;

(e)

a professional person or tradesman for the purpose of such person’s or trademan’s profession or trade and not for resale;

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(f)

a registered medical practitioner or a registered dentist for the treatment of his patients or a registered 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;

(k)

a person who requires the poison for the purpose of enabling him to comply with any requirement made by, or in pursuance of, any written law with respect to the medical treatment of persons employed by that person in any business or trade carried out by that person.

(2A)

Any person referred to in paragraph 15(2)(a), (c), (d), (e), (f),

(g)

or (k) who purchases any poison from a wholesaler other than a licensed wholesaler shall be guilty of an offence against this Act.

(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 register 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

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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 register 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 register 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.

Sale of poisons by retail