Malaysia legislation
Section 26
Section 26
Power to make regulations
(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