Licensing Officer and Drug Enforcement Officer

Introduction

Poisons (Amendment) Act 2022 is officially commenced on 1 January 2023, except section 21.

  • The maximum fine for general penalties should not exceeding RM50000 or by imprisonment for a term not exceeding 5 years or both.



Licensing Officer

"Licensing Officer" means a person appointed to be a Licensing Officer under section 26 of Poisons Act 1952 and includes the Director General of Health.

Section 26 Issue or cancel previously issued licenses.

  • Type A - Pharmacist's Poisons License
    • To import, store and deal generally by wholesale and retail or by wholesale only or by retail only, subject to Poisons Act 1952
  • Type B - Wholesaler's Poisons License
    • Issued to any person whom the Licensing Officer may consider to be a fit and proper person to hold such licence, or issued to a responsible officer of a company incorporated under the Companies Act 1965 [Act 125] to import, store and sell by wholesale such poisons (excluding Group A Poisons).
  • Type D - Retailer's License for Part II Poisons
    • Issued to any person whom the Licensing Officer may consider to be a fit and proper person to hold such licence, to store and sell by retail such Part II Poisons as may be specified.
  • Type E - Sodium Hydroxide
    • Issued to any person who in the course of his business uses Sodium Hydroxide in such substantial quantity that the Licensing Officer deems it appropriate to issue to him a licence to import, store and use Sodium Hydroxide.

Section 27 Register of Licences: Every licence issued shall be numbered consecutively in respect of each type and of the year in which it was issued, commencing each year with the number one.

  • In the event of the cancellation of any license, the date of such cancellation shall be noted in the register.

Section 31 Authorize in writing any registered pharmacist in the public service to exercise the powers of a drug enforcement officer.

NOTE: To identify if a poison is Part I or Part II, please refer First Schedule of the Poison List. Also, Group A, Group B, Group C and Group D poisons are under Part I.



Drug Enforcement Officer

"Drug Enforcement Officer" means any registered pharmacist in the public service duly authorized in writing by the Licensing Officer under Poisons Act 1952 subsection 31(1).

  • Section 31A Powers of enforcement, inspection and investigation
  • Section 31B Search and seizure
  • Section 31C Power to access premises and land
  • Section 31D Power to require information and documents
  • Section 31E Access to recorded information, computerized data, etc.
  • Section 31F No cost or damages arising from entry, search or seizure to be recoverable

Section 32A With the written consent of the Public Prosecutor, compound any offence committed by any person under Poisons Act 1952 and its regulations.



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