Malaysia legislation
Section 23
Section 23
(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 registered 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.
Poisons Book
(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 register to be kept for such purpose in the prescribed form (in this Act referred to as the “Poisons Book”) stating the name 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 register 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
30 Laws of Malaysia ACT 366
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