Malaysia legislation
Section 6
Section 6
(a)
sell by retail any article consisting of or comprising a substance recommended as a medicine; or
(b)
supply any such article as a sample for the purpose of inducing persons to buy by retail the substances of which it consists or which it comprises, unless there is written in the English or National language so as to be clearly legible on the article or a label affixed thereto, or, if the article is sold or supplied as aforesaid in a container, on the container or a label affixed thereto, or, if the article is sold or supplied as aforesaid in more than one container, on the inner container or a label affixed thereto—
Medicines (Advertisement and Sale) 13
(i)
the appropriate designation of the substance so recommended, or of each of the active constituents thereof, or of each of the ingredients of which it has been compounded; and
(ii)
in a case where the appropriate designation of each of the active constituents or the ingredients is written as aforesaid, the appropriate quantitative particulars of the constituents or ingredients:
Provided that this subsection shall not apply to any article made up and supplied for the use of a particular person, being an article prescribed by reference to the needs of that person.
(2)
In the preceding subsection—
(a)
the expression “appropriate designation”, in relation to a substance, constituent or ingredient, means—
(i)
in a case where the substance, constituent or ingredient is a poison included in the Poisons
List, the name with which the container of the poison is for the time being required to be labelled or marked in pursuance of subregulation 10(1) and Regulation 11 of the Poisons
Regulations 1952
[L.N.440/1952], or the corresponding law in force in Sabah or Sarawak, as the case may be;
(ii)
in a case where the substance, constituent or ingredient is not such a poison and is described in any of the monographs contained in the edition of the
British Pharmacopoeia or the British Pharmaceutical
Codex which was last published before the date on which the article was sold or supplied, the description set out at the head of that monograph;
(iii)
in a case where the substance, constituent or ingredient is not such a poison and is not described as in subparagraph (ii) of this
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paragraph, the accepted scientific name, or other name descriptive of the true nature, of the substance, constituent or ingredient;
(b)
the expression “appropriate quantitative particulars”, in relation to the active constituents or the ingredients of a substance, means—
(i)
the approximate percentage of each of those constituents or ingredients contained in the substance or the approximate quantity of each of those constituents or ingredients contained in the article sold or supplied; or
(ii)
in a case where the said article consists of or comprises a number of separate portions of the substance, either the approximate percentage or quantity aforesaid, or the approximate quantity of each of the constituents or ingredients contained in each portion; and
(c)
the expression “container” includes a wrapper.
(3)
If any person sells or supplies an article in contravention of the preceding provisions of this section, he shall, subject to this Act, be liable on summary conviction—
(a)
in the case of a first conviction, to a fine not exceeding one thousand ringgit; and
(b)
in the case of a subsequent conviction, to a fine not exceeding two thousand ringgit, or to imprisonment for a term not exceeding six months, or to both.
Authorized officers