Malaysia legislation
Section 35
Section 35
(a)
the importation of poisons;
(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 or authorized 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 or supply of poisons;
(ca) the use 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;
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(g)
the compounding and dispensing of poisons;
(h)
prescribing the manner in which any register, book, prescription, written order and any other documents including documents in electronic form, should be kept and maintained and the period for which such register, book, prescription, written order and any other documents 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 any of the provisions or 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, books, prescriptions, written orders and returns;
(m)
fixing fees and exempting any person or body of persons from the payment of such fees;
(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;
50 Laws of Malaysia ACT 366
(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)
the storage, transport and labelling of psychotropic substances;
(s)
the compounding, dispensing and mixing of psychotropic substances;
(t)
the import, export, manufacture, possession, purchase, administration 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 poisons or psychotrophic substances;
(w)
prescribing the records to be kept by a licensed pharmacist including records of attendance and roster of a registered pharmacist employed or engaged in a premises where a licensed pharmacist is licensed to retail poisons.
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
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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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FIRST SCHEDULE
POISONS LIST
[Section 2]
Names