Poisons (Amendment) Act 2022

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

by substituting for the definition of “animal treatment”

the following definition:

‘ “animal treatment” includes the investigation, examination or treatment of animal ailments;’;

POISONS (AMENDMENT) ACT 2022

by inserting after the definition of “animal treatment”

the following definition:

‘ “authorized officer” means—

a Drug Enforcement Officer under this Act;

a police officer not below the rank of Inspector;

or

a senior officer of customs as defined under the Customs Act 1967 [Act 235];’;

by substituting for the definition of “dental treatment”

the following definition:

‘ “dental treatment” includes the investigation, examination or treatment of human ailments of the teeth or the oral or maxillo-facial complex or its related structures or the performance of operations or the giving of treatment commonly undertaken or given by those practising dentistry;’;

by substituting for the definition of “dispensed medicine”

the following definition:

‘ “dispensed medicine” means a medicine supplied by—

a registered medical practitioner, registered dentist or registered veterinary surgeon under and in accordance with section 19; or

a registered pharmacist at or from a premises where a licensed pharmacist is licensed to retail poisons, for the purpose of the medical, dental or animal treatment, of a particular individual;’;

by inserting after the definition of “Drug Enforcement

Officer” the following definitions:

‘ “electronic” means the technology of utilizing electrical, optical, magnetic, electromagnetic, biometric, photonic or other similar technology;

Poisons (Amendment)

5

“electronic message” means an information generated, sent, received or stored by electronic means;’;

in the definition of ‘ “a Group A Poison” “a Group B Poison”

“a Group C Poison” “a Group D Poison” “a Group E Poison”

and “a Group F Poison” ’—

by substituting for the words ‘ “a Group D Poison”

“a Group E Poison” and “a Group F Poison” ’

the words ‘ and “a Group D Poison” ’; and

by deleting the definition of “licensed retailer”;

by deleting the definition of “listed seller”;

by substituting for the definition of “medical treatment”

the following definition:

‘ “medical treatment” includes the investigation, examination or treatment of human ailments;’;

in the definition of “Part I Poison”, by substituting for the words “, Group D, Group E or Group F” the words

“or Group D”;

by inserting after the definition of “premises” the following definitions:

‘ “Principal Director” means the head of the pharmaceutical services in the Ministry of Health;

“psychotropic substance” means any of the substances specified in the Third Schedule;’;

by inserting after the definition of “registered pharmacist”

the following definition:

‘ “registered veterinary surgeon” means a veterinary surgeon registered under the Veterinary Surgeons

Act 1974 [Act 147];’;

by deleting the definition of “veterinary officer”; and

in the definition of “wholesale”, by substituting for the words “(j)” the words “(k)”.

Amendment of section 3

in subparagraph (1)(f)(vii), by substituting for the words

“Malaysian Pharmaceutical Association” the words

“Malaysian Pharmacists Society”; and

in subsection (4), in the proviso, by substituting for the words “(1)(g)” the words “(1)(f)”.

Where the Board wishes to pass a resolution without meeting, the Board shall comply with the following conditions:

Subsection (2) applies only if the Board decides—

in subsection (2)—

in paragraph (d), by deleting the word “or”

at the end of the paragraph;

by inserting after subsection (2) the following subsection:

“(2a)  Any person referred to in paragraph 15(2)(a),

, (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.”.

in subsection (3)—

in paragraph (a), by substituting for the word

“book” the word “register”; and

in subsection (4), by substituting for the word “book”

the word “register”.

Amendment of section 16

in subsection (1), by inserting after the words

“except by” the words “a registered pharmacist or”;

in subsection (2), by substituting for the word “on”

the words “at or from”;

in subsection (3), by inserting after the word “of”

the words “the registered pharmacist or”; and

by inserting after subsection (4) the following subsection:

“(4a)  Every licensed pharmacist shall keep records of a registered pharmacist engaged or employed in a premises where the licensed pharmacist is licensed to retail poisons in accordance with any regulations made under this Act.”.

in the shoulder note, by inserting after the word “sale”

the words “or supply”; and

Poisons (Amendment)

in subsection (1)—

by substituting for paragraph (b) and the proviso to paragraph (b) the following paragraph:

“(b) by retail sale effected by or under the immediate personal supervision of a registered pharmacist at or from a premises where a licensed pharmacist is licensed to retail poisons and in accordance with the terms and conditions of such licence of the licensed pharmacist; or”; and

in paragraph (1)(c), by substituting for the words “veterinary officer” the words “registered veterinary surgeon”;

in subsection (3)—

by substituting for the word “practitioner”

wherever appearing the words “registered medical practitioner”;

in subsection (4)—

by substituting for the words “medical practitioner”

the words “registered medical practitioner”;

in paragraph (1)(b), by substituting for the words

“veterinary officer” the words “registered veterinary surgeon”;

in paragraph (1)(c)—

by substituting for the words “licensed pharmacist”

the words “registered pharmacist”;

in subsection (2)—

by substituting for the word “Every” the words

“Except as otherwise provided in subsection (2a), every”;

by inserting after subsection (2) the following subsections:

“Electronic prescription

When a prescription is prescribed through electronic means, every prescription for any

Poisons (Amendment)

11

Group B Poison prescribed by a registered medical practitioner, registered dentist or registered veterinary surgeon shall—

In this section “digital signature” means a signature that is made in accordance with the Digital Signature Act 1997 [Act 562].”;

in paragraph (1)(b), by substituting for the word “licensed”

the word “registered”; and

in subsection (2), by substituting for the word “book”

wherever appearing the word “register”.

Amendment of section 24

by substituting for the shoulder note the following shoulder note:

“Prescription Book”; and

in subsection (1)—

by substituting for the word “book” the word

“register”;

in subsection (1), by substituting for the words “Director of

Pharmaceutical Services” the words “Principal Director”;

in subsection (2), by deleting paragraph (c); and

by inserting after subsection (6) the following subsection:

“(7)  Any person who contravenes any term or condition of any licence issued under this section shall be guilty of an offence against this Act.”.

Poisons (Amendment)

13

A person issued with the directives under this section shall comply with such directives.

Any person who fails to comply with the directives issued by the Director General of Health under subsection (1)

commits an offence against this Act.”.

by deleting subsection (1); and

in subsection (5)—

by substituting for the word “ten” the words

“one hundred”; and

by substituting for the shoulder note the following shoulder note:

“Authorization of Drug Enforcement Officer”;

by substituting for subsection (2) the following subsection:

“(2)  In exercising any of the powers of a Drug

Enforcement Officer under this Act, a Drug Enforcement

Officer shall on demand produce to the person against whom he is acting the authorization referred to in subsection (1).”; and

by deleting subsections (3), (4), (5), (6), (7), (8), (9)

and (10).

any land, building or part of any building;

any place whether open or enclosed;

any conveyance;

Poisons (Amendment)

any installation on land, offshore installation or other installation whether on the bed of or floating on any water; and

any structure movable or immovable.

When an authorized officer has reasonable cause to believe that an offence under this Act or any regulations made under this Act has been or is being committed in any premises or in connection with any business carried on in any premises, the authorized officer may at any reasonable time by day or by night and with or without assistance—

An authorized officer entering any premises under this section may take with him any other person and equipment as may appear to him to be necessary.

The owner, occupier or any person who has control of such premises or who is present at such premises, shall permit every authorized officer and any other person referred to in subsection (3) to have access to the premises for the purposes specified in this section and shall supply to the authorized officer all such information as may be requested by the authorized officer, and shall afford the authorized officer such assistance as may be reasonably necessary for such purposes.

An authorized officer may, in the exercise of his powers under this section, if it is necessary so to do—

Where, by reason of its nature, size or amount, it is not practicable to remove any poison, psychotropic substance, receptacle, package, conveyance, machinery, contrivance, equipment, book, register, record, document, computerized data or other article seized under this section, the authorized officer shall, by any means, seal such poison, psychotropic substance, receptacle, package, conveyance, machinery, contrivance, equipment, book, register, record, document, computerized data or other article in the premises or container in which it is found.

Poisons (Amendment)

A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (6) or removes the poison, psychotropic substance, receptacle, package, conveyance, machinery, contrivance, equipment, book, register, record, document, computerized data or other article under seal or attempts to do so shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Any person who—

For the purposes of this section, an authorized officer may without payment, demand, select, take or collect samples of any substance reasonably believed to be or to contain any poison or psychotropic substance from any person, or such person’s agent or servant importing, exporting, manufacturing, selling, supplying, using or having possession of such substance.

Power to require information and documents 31d.  (1)  An authorized officer, in carrying out an investigation under this Act, may make an order by a written notice under subsection (2), if he has reason to believe that a person—

The order made by an authorized officer under subsection (1) may direct the person—

Where the authorized officer directs any person to produce any document under subsection (2) and the person does not have custody of the document, that person shall—

Any person directed to provide information or document under subsection (2) shall—

Any person who fails to comply with the order made by the authorized officer under subsection (1) commits an offence.

Access to recorded information, computerized data, etc.

in subsection (1), by substituting for the word “book”

wherever appearing the word “register”;

in subsection (2)—

by substituting for the word “three” the word

“fifty”;

by substituting for the word “five” the words

“two hundred”; and

by substituting for the word “two” the word

“ten”; and

by substituting for subsection (5) the following subsection:

“(5)  Any poison, psychotropic substance, receptacle, package, conveyance, machinery, contrivance, equipment, book, register, record, document, computerized data or other article in respect of which an offence against this Act has been committed shall be forfeited and shall be disposed of in such manner as the Licensing

Officer may direct.”.

any offence under this Act and any regulations made under this Act as an offence which may be compounded; and

the method and procedure for compounding such offence.

Poisons (Amendment)

The Director General of Health or any Drug Enforcement

Officer appointed by the Director General of Health may, with the written consent of the Public Prosecutor, compound any offence committed by any person under this Act and any regulations made under this Act and prescribed to be a compoundable offence by making a written offer to the person suspected of committing the offence to compound the offence on payment to the Director General of Health of an amount of money not exceeding fifty per cent of the amount of the maximum fine for that offence within the time specified in the offer.

An offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted.

If the amount specified in the offer is not paid within the time specified in the offer or such extended time as the

Director General of Health may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

Where an offence has been compounded under this section—

any Licensing Officer, authorized officer or member of the Poisons Board for any act done by him; or

any other person for any act done by him under the order, direction or instruction of the Licensing

Officer, authorized officer or the Poisons Board, if the act was done in good faith and in the reasonable belief that it was necessary for the carrying into effect the provisions of this Act or its regulations.

Evidence of agent provocateur is admissible 34b.  Notwithstanding any written law or rule of law to the contrary, in any proceedings against any person for an offence under this Act or its regulations—

no agent provocateur, whether he is an authorized officer or not, shall be presumed to be an accomplice or be unworthy of credit as a witness by reason only of his having attempted to commit or to abet, or having abetted or having been engaged in a criminal conspiracy to commit, such offence if the main purpose of such attempt, abetment or engagement was to secure evidence against such person;

any statement whether oral or in writing made to an agent provocateur by any person shall be admissible in evidence at his trial; and

a conviction for any offence under this Act or its regulations solely on the uncorroborated evidence of any agent provocateur shall not be illegal and no such conviction shall be set aside merely because the court which tried the case has failed to refer in the grounds of its judgment to the need to warn itself against the danger of convicting on such evidence.

Electronic transaction 34c.  (1)  Where a written order under section 15 or 23

is in the form of an electronic message, the requirement of the Act is fulfilled if it is obtained, forwarded, served,

Poisons (Amendment)

25

sent, delivered, received or retained in accordance with the Electronic Commerce Act 2006 [Act 658] and any other requirements as may be prescribed under this Act.

Where any provision under this Act requires a signature of a person on a document, otherwise than on a prescription, the requirement of the Act is fulfilled, if the document is in the form of an electronic message containing a signature in accordance with the Electronic Commerce Act 2006.”.

Amendment of section 35

in paragraph (c)—

in subparagraph (i), by inserting after the word

“licensed” the words “or authorized”; and

by inserting after paragraph (c) the following paragraph:

“(ca)  the use of poisons;”;

by substituting for paragraph (h) the following paragraph:

“(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;”;

in paragraph (k), by inserting after the word “from”

the words “any of the provisions or”;

in paragraph (l), by inserting after the word “registers”

the words “, books, prescriptions, written orders”;

in paragraph (t), by inserting after the word “purchase”

the words “, administration”;

by substituting for paragraph (v) the following paragraph:

“(v) prescribing the mode or the manner of disposal and sampling of poisons or psychotropic substances;”;

and

by inserting after paragraph (v) the following paragraph:

“(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.”.