Act of Parliament · Updated to 15 May 2024 · 1 part
Poisons Act 1952
Feedback & supportImport, manufacture, storage, transport, sale and use of poisonsIn plain English
Not legal adviceThis Act regulates the import, possession, manufacture, compounding, storage, transport, sale and use of poisons. It applies throughout Malaysia. It does not apply to exempted preparations or to articles and preparations listed in the Second Schedule. The minister may add items to or remove items from that schedule after consulting the poisons board. Unless a regulation says otherwise, the Act also does not apply to some hospital, dispensary and clinic staff who sell or supply poisons or medicines containing poison as part of their duty.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Official textFrom Laws of Malaysia Online, unchanged
This Act may be cited as the Poisons Act 1952.
This Act shall apply throughout Malaysia.
In this Act, unless the context otherwise requires—
“Acetylating substance” includes acetic anhydride, acetyl chloride and acetyl bromide;
“animal treatment” includes the investigation, examination or treatment of animal ailments;
“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];
8 Laws of Malaysia ACT 366
“British Pharmacopoeia” and “British Pharmaceutical Codex”
respectively include supplements thereto;
“compounding”, and its grammatical variations, mean the preparation, weighing, measuring and mixing if necessary of drugs and chemicals for the treatment of ailments;
“contravention” of a provision includes a failure to comply with such provision;
“conveyance’ includes ship, train, vehicle, aircraft or any other means of transport by which persons or goods can be carried;
“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;
“Director General of Health” means the Director General of Health,
Malaysia;
“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;
“Drug Enforcement Officer” means any registered pharmacist in the public service duly authorized in writing by the Licensing Officer under subsection 31(1);
“electronic” means the technology of utilizing electrical, optical, magnetic, electromagnetic, biometric, photonic or other similar technology;
Poisons 9
“electronic message” means an information generated, sent, received or stored by electronic means;
“estate” means any agricultural land exceeding twenty-five acres in extent upon which agricultural operations of any kind are carried on or upon which the produce of any plants or trees is collected or treated or any mine to which the provisions of Part IX of the Labour Code of the
Federated Malay States [F.M.S. Cap. 154] or any of such provisions or any provisions, corresponding to such provisions, in force in any State have been lawfully applied;
“estate hospital” means a hospital or dispensary maintained by an employer on or in the neighbourhood of an estate for the treatment of labourers thereon and includes a group hospital within the meaning of the Labour Code of the Federated Malay States or of any written law in any State corresponding thereto;
“exempted preparation” means a preparation containing a poison of the kind or having the strength or otherwise coming within the description specified in the last column of the Poisons List entitled
“Exempted Preparations”;
“generally accepted name” means the name by which a substance is generally known in the trade;
“a Group A Poison” “a Group B Poison” “a Group C Poison” and “a
Group D Poison” respectively means a poison having the strength or otherwise coming within the description specified in the column of the
Poison List entitled Group A, Group B, Group C or Group D respectively opposite to the name of such poison appearing in the first column of the Poisons List;
“Licensing Officer” means a person appointed to be a Licensing
Officer under section 26 and includes the Director General of Health;
“licensed pharmacist” means a registered pharmacist who is the holder of a Type A Licence issued to him under section 26;
“licensed wholesaler” means a person holding a licence issued to him under section 26 to sell poisons by wholesale;
10 Laws of Malaysia ACT 366
“manufacture” and its grammatical variations, mean the preparation, compounding, mixing and making of a pharmaceutical preparation in bulk but does not include the dispensing of a pharmaceutical preparation for a particular individual;
“medical treatment” includes the investigation, examination or treatment of human ailments;
“Minister” means the Minister charged with the responsibility for medical and health services;
“Part I Poison” means a Group A, Group B, Group C or Group D poison specified in the column of the Poisons List entitled “Part I” of the First Schedule;
“Part II Poison” means a poison specified in the column of the
Poisons List entitled “Part II” of the First Schedule;
“poison” means any substance specified by name in the first column of the Poisons List and includes any preparation, solution, compound, mixture or natural substance containing such substance, other than an exempted preparation or an article or preparation included for the time being in the Second Schedule;
“Poisons List” means the Poisons List set out in the First Schedule as amended from time to time in accordance with section 6;
“possess for sale” and its grammatical variations include having in possession knowing that the article possessed is likely to be sold or exposed for sale;
“premises” includes any house, shop, store, room, cubicle, shed, conveyance, structure or any place whether open or enclosed;
“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;
“retail sale” means any sale other than a wholesale sale;
Poisons 11
“registered dentist” means a dental practitioner registered in
Division I or Division II of the Register kept under subsection 11(1)
of the Dental Act 1971 [Act 51]; and “registered dentist Division I”
and “registered dentist Division II” means a dental practitioner whose name has been registered in the first or second division respectively of the said Register;
“registered medical practitioner” means a medical practitioner registered under the Medical Act 1971 [Act 50];
“registered pharmacist” means a pharmacist registered under any written law relating to the registration of pharmacists, and includes, in
Sabah or Sarawak, a person holding a qualification recognized by the
Director of Medical Services in Sabah or Sarawak, as the case may be, as a sufficient guarantee of the possession of the requisite knowledge and skill for the efficient practice of the profession of a pharmacist;
“registered veterinary surgeon” means a veterinary surgeon registered under the Veterinary Surgeons Act 1974 [Act 147];
“sell” or “sale” includes barter and also includes offering or attempting the sell;
“supply” includes the supply of commercial samples and dispensed medicines, but does not include the direct administration by or under the immediate personal supervision of a registered medical practitioner or registered dentist of a poison or medicine to his patient in the course of treatment where such administration is authorized under section 19;
“Peninsular Malaysia” has the meaning assigned thereto in section 3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes the Federal Territory of Kuala Lumpur and Labuan;
“wholesale” means a sale to any person who intends to sell again and any sale by a licensed wholesaler authorized by paragraphs (d) to (k)
inclusive of subsection 15(2);
“written law” has the meaning assigned thereto in the Interpretation
Acts 1948 and 1967.
12 Laws of Malaysia ACT 366
In this Act where anything is required to be done under the immediate personal supervision of any person it shall be deemed to have been so done if such person was at the time it was done upon the premises where it was done and available for immediate consultation by the person doing such thing:
Provided that where any dispensing compounding or mixing of any poison with any other substance is required to be done under the immediate personal supervision of any person, it shall not be deemed to have been so done unless such person has himself checked such dispensing, compounding or mixing.
For the purpose of this Act and to advise the Minister generally thereon, there shall be established an advisory board, called the Poisons Board, consisting of the members following:
the Director General of Health who shall be an ex-officio member;
one pharmacist holding office in the service of the
Government to be appointed by the Minister;
one officer of the Department of Chemistry to be appointed by the Minister;
one officer of the Department of Agriculture to be appointed by the Minister;
one officer of the Veterinary Department holding office in the service of the Government to be appointed by the
Minister; and
eight persons ordinarily resident in Malaysia and not in the service of any Government in the Federation to be appointed by the Minister who shall be nominated as follows:
one by the Malaysian Medical Association;
Poisons 13
one by the Malaysian Medical Council established under the Medical Act 1971;
one by the Malaysian International Chambers of
Commerce and Industry;
one by the Associated Chinese Chambers of
Commerce and Industry of Malaysia;
one by the Malay Chambers of Commerce;
one by the Associated Indian Chambers of
Commerce, Malaysia;
one by the Malaysian Pharmacists Society; and
one by the Malaysian Rubber Producer’s Council.
Every member, other than the ex officio members, shall, unless he shall sooner resign, hold office for a period of three years or such shorter period as the Minister may in any particular case determine from the date of his appointment.
Any person ceasing to be member of the Board shall be eligible for reappointment.
The Minister may appoint a person similarly qualified to be a temporary member of the Board during the incapacity through illness or during the absence from Malaysia of any member, other than an ex officio member, of the Board:
Provided that no person shall be appointed in the place of a member nominated under paragraph (1)(f) except upon the nomination by the body by which such member was nominated.
Every such temporary member shall be deemed to be a member of the Board.
14 Laws of Malaysia ACT 366
The Director General of Health shall be the Chairman of the
Poisons Board and shall preside at all meetings which he attends.
In the absence of the Chairman from any meeting the members present shall elect one of their members to preside.
The Chairman or member presiding at any meeting shall have an original vote and also, if upon any question the votes are equally divided, a casting vote.
The Board shall meet at such places and times as the Chairman may appoint and at any meeting four members including the Chairman or member presiding shall form a quorum.
The Board may invite any one or more persons to attend any meeting of the Board but a person so attending shall not have the right to vote at the meeting.
There may be paid to members of the Board such allowances and other expenses as may be determined by the Board with the approval of the Minister and such allowances and expenses shall be payable out of the general revenues of the Federation.
The Minister may, after consultation with the Board, appoint a
Secretary to the Board who shall not be a member of the Board or have any right to vote at its meetings.
Subject to subsection (2), the Poisons Board may, where necessary, pass a resolution without meeting.
Where the Board wishes to pass a resolution without meeting, the Board shall comply with the following conditions:
all members of the Board have been informed of the proposed resolution, or reasonable efforts have been
Poisons 15
made to inform all members of the Board of the proposed resolution; and
all members of the Board indicate agreement with the resolution in accordance with the method determined by the Board under subsection (3).
Subsection (2) applies only if the Board decides—
that the subsection applies; and
the method by which members of the Board are to indicate agreement with the resolution.
Subject to this Act the Poisons Board shall have power to regulate its own procedure.
No action or proceeding of the Board shall be questioned on the ground—
of the existence of any vacancy in the membership or any defect in the constitution of the Board; or
of any omission, defect or irregularity in procedure not affecting the merits of the case.
s 6Power of Minister to amend Poisons List
The Minister may, from time to time, after consultation with the
Poisons Board by order notified in the Gazette, add to, remove from or reinstate in the Poisons List any substance as he may deem fit or proper, or remove from transfer to or include in any column of the
Poisons List any poison, or exempted preparation or amend any definition of any poison or exempted preparation contained in such list or in any column thereof.
16 Laws of Malaysia ACT 366
Nothing in this Act shall apply—
to any exempted preparation; or
to any article or preparation specified in the Second Schedule.
The Minister may, from time to time, after consultation with the
Poisons Board by order notified in the Gazette, add to or remove from the Second Schedule any article or preparation.
Save in so far as is expressly provided by any regulation made under this Act, this Act shall not apply to the sale or supply of any poison or of any medicine containing poison by any officer or person, who—
is employed in any hospital, infirmary, dispensary or veterinary hospital wholly maintained by the Government of Malaysia or any State Government or by any local authority or out of public funds or by a charity approved by an order, whether general or special, of the Director
General of Health, and who sells or supplies in the course of his duty such poison or medicine to any out patient of such hospital, infirmary or dispensary for the medical or dental treatment of such patient or, in the case of an officer or person employed in a veterinary hospital, to any person for the animal treatment of any animal tended by him; or
is employed in any hospital, infirmary, dispensary, clinic, nursing home or other institution at which human or animal ailments are treated, and who sells or supplies in the course of his duty such poison or medicine for the use in the wards, operating theatres or other sections thereof:
Provided that such sale or supply is made and conducted in accordance with any regulations expressly applicable thereto made under this Act.
Poisons 17
No person other than a person licensed under this Act in that behalf shall import any poison from any place outside Malaysia.
This section shall not apply to—
any person arriving in Malaysia from a place outside
Malaysia who imports, as part of his personal luggage and solely for his personal use or for the use of his family, a prepared or packaged medicine containing any poison, not exceeding such quantities as may be reasonably required for one month’s use by one person; and
any person importing a prepared or packaged medicine containing any poison for his own personal use or for that of his family by letter or parcel post, in such quantities and subject to such conditions as may be prescribed by regulations made under this Act; and
any officer of the Government importing in the course of his duty any poison on account of the Government; and
any other person whom the Minister may absolutely or conditionally exempt from the provisions of this section.
Any person who imports any poison in contravention of this section or who contravenes any term or condition of any licence granted to him or the provisions of any regulation made or any condition of any exemption granted to him under this section shall be guilty of an offence against this Act.
No person, whether licensed under this Act or not, shall knowingly sell, supply, keep or have in his possession or under his control or store any poison otherwise than in accordance with the regulations made under this Act and in force relating to the possession, containers, packaging, labelling or storing of such poison.
18 Laws of Malaysia ACT 366
In any proceedings under this section if any person is proved to have sold, kept or had in his possession or under his control or stored any poison he shall be deemed to have done so knowingly, unless the contrary is proved by him.
Any person who contravenes subsection (1) shall be guilty of an offence against this Act.
s 10Transport of poisons
No person shall transport or consign for transport any poison otherwise than in accordance with the regulations made under this Act.
s 11Control of manufacture of preparations containing poison
No preparation containing any poison shall be manufactured otherwise than in accordance with the regulations made under this Act.
No person shall dispense, compound or mix any poison with any other substance, whether a poison or not, for the purpose of its being used for medical treatment unless he is—
a registered pharmacist or a person working under the immediate personal supervision of a registered pharmacist;
a person acting in the course of his duties who is employed in a hospital or dispensary maintained by the Government of Malaysia or any State Government or out of public funds or by a charity approved by an order whether general or special of the Director General of Health or in an estate hospital and who is authorized in writing by the registered medical practitioner for the time being in charge of such hospital or dispensary to dispense, compound and mix poison; or
Poisons 19
a registered medical practitioner or a person working under the immediate personal supervision of such a practitioner who dispenses, compounds or mixes poisons for the use of such practitioner or of his patients.
No poison shall be dispensed, compounded or mixed with any other substance whether a poison or not otherwise than in accordance with any regulations made under this Act.
Possession for sale of poison and sale of poison in contravention of this Act an offence
possesses for sale any poison, unless he is licensed under this Act to sell or supply such poison or authorized under section 18 to sell or supply such poison; or
sells or supplies any poison in contravention of, or otherwise than in accordance with, this Act, or of any regulations made thereunder or of the terms and conditions of any licence issued to him under this Act, relating to the sale or supply of poison, or relating to the sale or supply of poison included in that Part or Group of the Poisons List in which the poison so sold or supplied is included;
shall be guilty of an offence against this Act.
Any person who has in his possession an acetylating substance shall be guilty of an offence against this Act unless he proves—
that he is licensed under this Act;
that he is authorized under this Act; or
that the acetylating substance is in his possession for a lawful purpose.
20 Laws of Malaysia ACT 366
In any prosecution for an offence under this section, any person who is found to have in his custody or under his control any acetylating substance shall be deemed to have been in possession of the substance and to have known the nature of the substance, until he proves to the contrary.
Any person convicted of an offence against this section shall be liable to imprisonment for a term not exceeding fourteen years and not less than three years, and he shall also be punished with whipping of not less than six strokes.
Notwithstanding any other provision in any other written law to the contrary, a person charged under this section shall not be granted bail.
No poison shall be sold by wholesale except by a licensed wholesaler in accordance with the terms and conditions of his licence.
No poison shall be sold by a licensed wholesaler except to—
a person licensed to retail such poison;
a purchaser outside Malaysia to whom such poison is to be immediately exported on sale;
another licensed wholesaler;
the owner or the manager acting on behalf of the owner of any estate for the purpose of the business of such estate or for enabling such owner, or his manager acting on his behalf, to comply with any requirements made by or under any written law with respect to the medical treatment of persons employed on such estate;
a professional person or tradesman for the purpose of such person’s or trademan’s profession or trade and not for resale;
Poisons 21
a registered medical practitioner or a registered dentist for the treatment of his patients or a registered veterinary surgeon for the treatment of any animal which such surgeon is employed to treat;
a licensed pharmacist;
a Government Department, local authority or public body;
a hospital, infirmary, dispensary or veterinary hospital maintained by the Government of Malaysia or any State
Government or by any local authority or out of public funds or by a charity approved by an order, whether general or special, of the Director General of Health;
a person or institution concerned with scientific education or research or chemical analysis for the purpose of such education, research or analysis;
a person who requires the poison for the purpose of enabling him to comply with any requirement made by, or in pursuance of, any written law with respect to the medical treatment of persons employed by that person in any business or trade carried out by that person.
Any person referred to in paragraph 15(2)(a), (c), (d), (e), (f),
or (k) who purchases any poison from a wholesaler other than a licensed wholesaler shall be guilty of an offence against this Act.
The seller by wholesale of any poison shall not deliver it until—
he has made or caused to be made an entry in a register to be kept for such purpose, in the prescribed form, stating the name and address of the 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
the purchaser has affixed his signature to the entry or has forwarded to the seller a written order in respect of such sale signed by the purchaser and containing the particulars required to be entered under this subsection. Every such
22 Laws of Malaysia ACT 366
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 place of the purchaser’s signature.
Notwithstanding subsection (3), if it shall appear to the seller that any 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 seller, after making an entry in the register stating the reasons for his action and the date of delivery, to deliver such poison to the purchaser without such signature or order:
Provided that, in every such case, the seller 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.
Any purchaser who fails or neglects to forward to the seller a written order duly signed by him within the time prescribed by the proviso to subsection (4) in respect of any poison delivered to him under the provisions of such subsection shall be guilty of an offence against this Act.
Nothing in this section shall be held to authorize the sale by wholesale of any particular kind of poison otherwise than in accordance with this Act or of any regulations made thereunder relating to such kind of poison.
Any person who sells or delivers any poison by wholesale in contravention of this section shall be guilty of an offence against this Act.
Subject to section 18 no poison shall be sold by retail except by a registered pharmacist or a person licensed to sell such poison by retail and in accordance with the terms and conditions of such licence.
Every such sale shall be effected at or from the premises specified in such licence.
Poisons 23
Every such sale shall be effected by or under the immediate personal supervision of the registered pharmacist or the person named in such licence.
Every such sale shall be effected in accordance with this Act and of any regulations made thereunder relating to such poison.
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.
Any person who sells any poison by retail in contravention of this section shall be guilty of an offence under this Act.
s 17Prohibition of sale to persons under 18
No poison shall be sold or supplied to any person under eighteen years of age, otherwise than for purposes of the medical or dental treatment of such person.
Any person contravening this section shall be guilty of an offence against this Act.
It shall be a sufficient defence to any charge under this section that the person charged had reasonable cause to believe that the person to whom such sale was made was above the age of eighteen years.
Part I Poison shall not be sold or supplied to any person except—
by wholesale in accordance with section 15; or
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
24 Laws of Malaysia ACT 366
poisons and in accordance with the terms and conditions of such licence of the licensed pharmacist; or
as an ingredient of a dispensed medicine, by a registered medical practitioner, registered dentist or registered veterinary surgeon in accordance with section 19; or
to be exported to purchasers outside Malaysia; or
to a person or institution concerned with scientific education or research or chemical analysis and for the purpose of such education research or analysis.
Nothing in this section shall be deemed to authorize the sale of any kind of poison otherwise than in accordance with this Act or of any regulations made thereunder relating to such kind of poison or otherwise than in accordance with the terms and conditions of the licence in that behalf held by the seller.
Part II