Section 26
Power to make regulations
(1)
The Minister may make regulations for any of the following purposes:
(a)
to prescribe the standard of strength, weight, quality, or quantity of any drug or of any ingredient or component part thereof;
Sale of Drugs 17
(b)
to prohibit the addition of any specified thing or of more than the specified quantity or proportion thereof to any drug;
(c)
to prohibit any modes of manufacture, preparation, or preservation of any drug;
(d)
to secure the cleanliness and freedom from contamination of any drug in the course of its manufacture, preparation, storage, packing, carriage delivery or exposure for sale or sale and the cleanliness of places, receptacles, appliances, and vehicles used in such manufacture, preparation, storage, packing, carriage or delivery exposure for sale or sale and to secure the proper conduct of places in which the preparation or sale of drugs is carried on and for these purposes to require any person to submit to a medical examination;
(e)
to provide for the licensing or registration of premises used for, or persons engaged or occupied in the manufacture, preparation, storage, packing, carriage, delivery, exposure for sale or sale of any drug and for these purposes to require photographs of persons registered or licensed;
(f)
to prescribe the mode of labelling drugs sold in packages or otherwise and the matter to be contained or not to be contained in such labels;
(g)
to prescribe the method of analysis of any drug and the form of certificate of analysis;
(h)
to fix the fees to be paid in respect of the analysis of any drug by an analyst and for any copy of the result of any analysis and for any licence or registration issued or effected under this Act or under any regulation made thereunder;
(i)
to prohibit or regulate the manufacture, sale, advertisement for sale, supply, importation or exportation of any articles of drugs and for this purpose to establish any body or authority;
(j)
to require all ingredients contained in any medicine, proprietary, secret or otherwise, to be disclosed in the prescribed manner and form and with the prescribed particulars at or prior to the sale thereof;
(k)
to prescribe a fine not exceeding fifty thousand ringgit or imprisonment for a term not exceeding five years or both for the breach of any regulation; and
(l)
generally for carrying out the purposes of this Act.
(2)
Any such regulation may be made applicable either to drugs generally or to specified drugs only.
(3)
Notwithstanding anything contained in any regulation made under this section it shall be lawful for any person at any time within twelve months after the date of the publication in the Gazette of such regulation to sell any drug the sale of which is otherwise lawful if he proves that at the said date such drug was part of the existing stock-in-trade in Malaysia of any person carrying on business there and that since the said date no act has been done whereby the said drug fails to conform to the requirements of the said regulation; and for the purpose of this subsection any goods purchased before the said date for importation into Malaysia shall be deemed to be part of the purchaser’s stock-in-trade in Malaysia.
Extended application of Act 27.
The provisions of this Act so far as they are applicable may be extended by regulations made under this Act to apply to tobbaco, cigars, cigarettes, snuff, soap, cosmetics and toilet preparations in like manner as the said provisions apply to drugs.
Analysts’ fees 28.
All fees received under this Act by any Government analyst shall be paid to the credit of the general revenue, or by any
Municipal Analyst to the revenue of the Municipality concerned.
Sale of Drugs 19
Act 368
LIST OF AMENDMENTS
Amending law
Short title
In force from
F.M. 22/1949
Titles of Office Ordinance 1949 30-08-1949
L.N. 332/1958
Federal Constitution (Modification 13-11-1958
of Laws) (Ordinances and
Proclamations) Order 1958
Act A139
Sale of Food and Drugs 07-07-1972
(Amendment) Act 1972
Act A304
Sale of Food and Drugs 30-05-1975
(Amendment) Act 1975
Act 160
Malaysian Currency 29-08-1975
(Ringgit) Act 1975
Act A479
Sales of Food and Drugs 01-02-1980
(Amendment) Act 1980
Act 281
Food Act 1983 01-10-1985
P.U. (A) 468/1990
Revision of Laws (Sale of Drugs 01-07-1989
Act 1952) Order 1990
P.U. (A) 380/1992
Modification of Laws (Sale of 01-09-1989
Drugs Act) (Extension to the States of Sabah and Sarawak) Order 1992
P.U. (A) 381/1992
Modification of Laws (Sale of 01-09-1989
Drugs Act) (Extension to the
Federal Territory of Labuan) Order 1992
Act A1084
Sale of Drugs (Amendment) Act 01-01-2001 2000
Act 368
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from 2
L.N. 332/1958 13-11-1958
Act A304 30-05-1972
Act A1084 01-01-2001 3
L.N. 332/1958 13-11-1958 4
L.N. 332/1958 13-11-1958 9
Act A1084 01-01-2001 10
Act A1084 01-01-2001 11
Act 160 29-08-1975 12
Act 160 29-08-1975
Act A1084 01-01-2001 14
L.N. 332/1958 13-11-1958 17
Act A1084 01-01-2001 20
Act A139 07-07-1972 23
Act A1084 01-01-2001 26
Act A1084 01-01-2001 28
L.N. 332/1958 13-11-1958
Act A479 01-02-1980
Throughout the
Act 281 01-10-1985
Act
KUALA LUMPUR