Section 16
Control of manufacture and sale of certain dangerous drugs
For the purpose of preventing the improper use of the dangerous drugs specified in Parts III, IV and V of the First Schedule, the Minister may make regulations to provide for controlling the manufacture, sale, possession, and distribution of such drugs, and in particular, but without prejudice to the generality of the foregoing power, for—
(a)
prohibiting the manufacture of any such drug except on premises licensed for the purpose and subject to any conditions specified in the licence;
(b)
prohibiting the manufacture, sale, or distribution of any such drug except by persons licensed or otherwise authorized under the regulations and subject to any conditions specified in the licence or authority;
Dangerous Drugs 21
(c)
regulating the issue by registered medical practitioners, registered dentists, and veterinary surgeons of prescriptions containing any such drug, and the dispensing of any such prescriptions;
(d)
requiring persons engaged in the manufacture, sale or distribution of any such drug to keep such books and to furnish such information, either in writing or otherwise, as may be prescribed; and
(e)
prescribing the marking of packages, bottles or containers in which any such drug is supplied.
(2)
The regulations made under this section may provide for authorizing any licensed pharmacist in accordance with any written law relating to poisons from time to time in force in Malaysia or any part thereof—
(a)
to manufacture in the ordinary course of his retail business any preparation, admixture, or extract of any dangerous drug specified in Parts III, IV and V of the First Schedule;
and
(b)
to carry on the business of retailing, dispensing, or compounding any such drug, subject in each case to the power of the Minister to withdraw the authorization in the case of a person who has been convicted of an offence against this Act, and who cannot, in the opinion of the
Minister properly be allowed to carry on the business of manufacturing, selling, or distributing, as the case may be, any such drug.
(3)
Nothing contained in any regulation made under this section shall be construed as authorizing the sale, or the keeping of an open shop for the retailing, dispensing, or compounding of poisons by any person who is not duly qualified in that behalf under, or otherwise than in accordance with, any written law relating to poisons from time to time in force in Malaysia or any part thereof, or as derogating
22 Laws of Malaysia ACT 234
from the said Act, for prohibiting, restricting, or regulating the sale of poisons.
(4)
All such regulations shall be made in accordance with section 47.
Prohibition of trade, etc., in new drugs, and power to apply
Part IV with or without modifications to certain drugs