"analyst"  means an analyst appointed under this Act;

  "appliance"  includes the whole or any part of any utensil, machinery, instrument, apparatus, or article used, or intended for use, in or for the making, keeping, preparing, or supplying of any drug;

  "drug"  includes any substance, product or article intended to be used or capable, or purported or claimed to be capable, of being used on humans or any animal, whether internally or externally, for a medicinal purpose;

[ Subs. Act A1084 - Prior text read - ""drug" means any substance or mixture of substances used by man as a medicine, whether internally or externally, and includes anesthetics;" ]

  "importer"  includes any person who, w

3 APPOINTMENT OF ANALYSTS, OFFICERS AND INSPECTORS AND THEIR POWERS AND DUTIES-3. Appointment of analysts, officers and inspectors.

(1) The Yang di-Pertuan Agong may appoint such number of analysts as he may consider necessary for the purpose of this Act.

(2) The Chief Minister may appoint such number of officers and inspectors within a State as may be necessary for the purposes of this Act.

(3) The Minister may make regulations for the conduct of the duties of analysts, officers and inspectors under this Act.

(4) The analysts, officers and inspectors appointed under this section shall be deemed to be public servants within the meaning of the Penal Code.

4 APPOINTMENT OF ANALYSTS, OFFICERS AND INSPECTORS AND THEIR POWERS AND DUTIES-4. Power of officers and inspectors to enter, etc.

(1) Any officer or inspector may -

(a) at all reasonable times enter into and inspect any place where he has reason to believe that there is any drug intended for sale;

(b) mark, seal, or otherwise secure, weigh, count or measure any drug, the sale, preparation, or manufacture of which is or appears to be contrary to this Act;

(c) inspect any drug, wherever found, which he has reasonable ground for believing to be intended for sale.

(2) Any officer may -

(a) seize any drug, wherever found, which is, or appears to be, unwholesome or deleterious to health;

(b) destroy any drug, wherever found, which is decayed or putrefied.

(3) Any person claiming anything seized under this section may within forty-eight hours after such seizure complain thereof to the Court of a Magistrate and such complaint may be he

5 APPOINTMENT OF ANALYSTS, OFFICERS AND INSPECTORS AND THEIR POWERS AND DUTIES-5. Power to demand, select, and take samples.

(1) On payment or tender to any person selling or making any drug, or to his agent or servant, of the current market value of the samples in this section referred to, any officer or inspector may at any place demand and select and take or obtain samples of the said drug for the purpose of analysis.

(2) Any such officer or inspector may require the said person or his agent or servant to show and permit the inspection of the package in which such drug is at the time kept and to take therefrom the samples demanded.

(3) Where any drug is kept for retail sale in an unopened package, no person shall be required by any officer or inspector to sell less than the whole of the contents of such package.

(4) Any person who refuses or neglects to comply with any demand or requisition made by an officer or inspector in pursuance of this section commits an offence.

6 APPOINTMENT OF ANALYSTS, OFFICERS AND INSPECTORS AND THEIR POWERS AND DUTIES-6. Any person may have sample analysed.

Any person, other than the seller, may, on payment of the prescribed fee together with the cost of the sample, require any officer or inspector to purchase a sample of any drug and submit the same for analysis.

7 APPOINTMENT OF ANALYSTS, OFFICERS AND INSPECTORS AND THEIR POWERS AND DUTIES-7. Samples how taken.

(1) Where it is intended to submit any sample for analysis, the officer or inspector purchasing or otherwise procuring it shall, before or forthwith after procuring it, inform the seller or his agent selling the article that he intends to have the same analysed by an analyst.

(2) Such officer or inspector shall thereupon divide the sample into three parts and shall mark and seal or fasten up, in such manner as its nature will permit, each such part and shall offer one of such parts to the seller or his agent or the person having charge of the article.

(3) Such officer or inspector shall subsequently deliver, either personally or by registered letter, another of such parts to an analyst, and shall retain the third of such parts.

8 APPOINTMENT OF ANALYSTS, OFFICERS AND INSPECTORS AND THEIR POWERS AND DUTIES-8. Certificate of analyst.

(1) The certificate of the analyst shall be in the form prescribed.

(2) Where any method of analysis (chemical or physical) has been prescribed by regulations made under this Act for the analysis of any drug, any analyst either for the prosecution or defence shall follow, and shall in his certificate of analysis declare that he has followed, the prescribed method in his analysis.

(3) A copy of the result of any analysis of any drug procured by an officer or inspector may be obtained from the analyst by the person from whom the article so analysed was purchased or obtained on payment of such fee as may be prescribed.

(4) No such copy of any analysis nor any reproduction thereof shall be displayed or used as an advertisement and if any person so displays or uses it he commits an offence against this Act.

9 APPOINTMENT OF ANALYSTS, OFFICERS AND INSPECTORS AND THEIR POWERS AND DUTIES-9. Power to call for information.

(1) If in the opinion of any officer appointed under section 3 there is reasonable ground for suspecting that any person is in possession of any drug or other substance for the purpose of sale or of manufacturing or preparing the same for sale in breach of this Act he may require such person to produce for his inspection any books or documents dealing with reception, possession, purchase, sale or delivery of any such drug or other substance.

(2) Any officer mentioned in subsection (1) may make or cause to be made copies of or extracts from any such books or documents, and such copies or extracts certified as such by such officer shall, unless the contrary is proved be deemed to be true and correct copies or extracts.

(3) Any person who refuses or neglects to comply with any requisition made in pursuance of this section commits an offence.

(4) Any officer who does not maintain the secrecy of all matters which come to his knowledg

10 OFFENCES AND PENALTIES-10. Offences and penalty.

(1) Any person commits an offence who sells -

(a) any adulterated drug without fully informing the purchaser at the time of the sale of the nature of the adulteration; or

(b) any drug in any package which bears or has attached thereto any false or misleading statement, word, brand, label or mark purporting to indicate the nature, quality, strength, purity, composition, weight, origin, age or proportion of the article contained in the package or of any ingredient thereof; or

(c) any drug containing any substance the addition of which is prohibited; or

(d) any drug containing a greater proportion of any substance than is permitted; or

(e) any drug for internal use which contains methyl alcohol; isopropyl alcohol or denatured alcohol;

Provided that this paragraph shall not apply to concentrated essences with an isopropyl alcohol base which have be

11 OFFENCES AND PENALTIES-11. Interference with official marks.

Any person who without authority opens, alters, breaks, removes, or erases any mark, fastening, or seal placed by any officer or inspector in pursuance of this Act upon any drug or upon any package, place, door or opening containing or affording access to any drug commits an offence and shall be liable on conviction to a fine of five hundred ringgit.

12 OFFENCES AND PENALTIES-12. General penalty.

(1) Subject to subsection (2) , any person who commits an offence against this Act or any regulation made under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding twenty-five thousand ringgit or to imprisonment for a term not exceeding three years or to both, and for a second or subsequent offence he shall be liable on conviction to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(2) Any body corporate who commits an offence against this Act or any regulation made under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding fifty thousand ringgit, and for a second or subsequent offence it shall be liable on conviction to a fine not exceeding one hundred thousand ringgit.

[Subs. Act A1084 - Prior text read - " Any person who commits an offence a

13 OFFENCES AND PENALTIES-13. Forfeiture of drugs upon conviction.

In the case of any conviction under this Act the court shall order that any drug to which the conviction relates and any similar drug found on the defendant's premises or in his possession at the time of the commission of the offence, together with all packages or vessels containing the same, shall be forfeited and shall be disposed of in such manner as the Chief Minister may direct.

14 OFFENCES AND PENALTIES-14. Notification of conviction in newspapers.

A notification of the name and occupation of any person who has been convicted of any offence against this Act together with his place or places of business, the nature of the offence and the fine, forfeiture, or other penalty inflicted shall, if the court so orders, be published in any newspaper circulating in Malaysia or in any part thereof, and the cost of such publication may be recovered from such person as a civil debt.

15 PRESUMPTIONS OF LAW-15. Adulteration.

For the purposes of this Act any drug shall be deemed to be adulterated if -

(a) it contains or is mixed or diluted with any substance which diminishes in any manner its nutritive or other beneficial properties as compared with such article in a pure and normal state and in an undeteriorated and sound condition or which in any other manner operates or may operate to the prejudice or disadvantage of the purchaser or consumer; or

(b) any substance or ingredient has been extracted or omitted therefrom and by reason of such extraction or omission the nutritive or other beneficial properties of the article as sold are less than those of the article in its pure and normal state or the purchaser or consumer is or may be in any manner prejudiced; or

(c) it contains or is mixed or diluted with any substance of lower commercial value than such article in a pure and normal state and in an undeteriora

16 PRESUMPTIONS OF LAW-16. Sale by agent or servant.

(1) For the purposes of this Act every person shall be deemed to sell any drug who sells the same either on his own account or as the agent or servant of any other person.

(2) In the case of any sale by an agent or servant his principal or employer shall be under the same liability as if he had effected the sale personally.

17 PRESUMPTIONS OF LAW-17. Presumptions as to sale for human or animal consumption or use.

(1) When any drug is sold or exposed or offered for sale, it shall, unless the contrary is proved, be deemed to be sold or exposed or offered for sale for human or animal consumption or use.

(2) The purchase and sale of a sample of any drug under this Act for the purpose of analysis shall be deemed to be a purchase and sale of such drug for human or animal consumption or use unless the seller proves that the bulk from which such sample was taken was not offered, exposed, or intended for sale for human or animal consumption or use.

(3) For the purposes of this Act every person shall be deemed to sell or to intend to sell any drug if he sells or intends to sell for human or animal consumption or use any article of which such drug is a constituent.

[Am. Act A1084 - Prior text read -

" 17. Presumptions as to sale for human consumption or use.

(1)

18 LEGAL PROCEEDINGS AND EVIDENCE-18. Proceedings for offences.

(1) All proceedings in respect of an offence against this Act shall be taken in a summary manner before a Sessions Court or the Court of a First Class Magistrate.

(2) The summons in any such proceedings shall not be made returnable in less than fourteen days from the day on which it is served.

(3) There shall be served with the summons a copy of the analyst's certificate, if any, on which the prosecution is based.

(4) When any article of drug has been purchased or procured from any person for test purposes, no proceedings in respect of the sale thereof or of any offence against this Act shall be instituted after the expiration of sixty days from the time of purchasing or procuring the same.

19 LEGAL PROCEEDINGS AND EVIDENCE-19. No defence that offence not wilfully committed.

In a prosecution for selling any drug contrary to this Act or of any regulations made thereunder it shall be no defence that the defendant did not act wilfully unless he also proves that he took all reasonable steps to ascertain that the sale of the article would not constitute an offence against this Act or against any regulation made thereunder.

20 LEGAL PROCEEDINGS AND EVIDENCE-20. Reliance on written warranty a good defence.

(1) Subject to this section it shall be a good defence in any prosecution for an offence under section 10 if the defendant proves that -

(a) he purchased the article sold by him in reliance on a written warranty or other written statement as to the nature of the articles purchased signed by or on behalf of the person from whom the defendant purchased the same; and

(b) he has no reason to believe that the article sold did not conform to such warranty or statement; and

(c) if the article had truly conformed to such warranty or statement, the sale of the article by the defendant would not have constituted the offence charged against him.

(2) No warranty or other written statement given or made by a person resident outside Malaysia shall be any defence under this section unless the defendant proves that he had taken reasonable steps to ascertain and did in fact believe in

21 LEGAL PROCEEDINGS AND EVIDENCE-21. Analyst's certificate to be prima facie evidence.

(1) A certificate of analysis purporting to be under the hand of an analyst shall, on production thereof by the prosecutor, be sufficient evidence of the facts stated therein unless the defendant requires that the analyst to be called as a witness, in which case he shall give notice thereof to the prosecutor not less than three clear days before the day fixed for the hearing of the summons.

(2) In like manner a certificate purporting to be under the hand of analyst shall, on production thereof by the defendant be sufficient evidence of the facts stated therein unless the prosecutor requires that the analyst be called as a witness.

(3) A copy of such last-mentioned certificate shall be sent to the prosecutor at least three clear days before the day fixed for the hearing of the summons, and if it is not so sent the court may adjourn the hearing on such terms as it may think proper.

22 LEGAL PROCEEDINGS AND EVIDENCE-22. Court may order independent analysis.

When a sample has been dealt with in accordance with section 7, the court before which any proceedings for an offence against this Act are heard shall on the request of either party to such proceedings, and may if it thinks fit without such request, order that the part of the sample retained by the officer be submitted to another analyst for analysis.

23 LEGAL PROCEEDINGS AND EVIDENCE-23. Non-disclosure.

(1) No prosecutor or witness in any prosecution under this Act shall be compelled to disclose the fact that he received any information or the nature of such information or the name of any person who gave such information.

(2) No officer appearing as a prosecutor or witness shall be compelled to produce any confidential reports or documents made or received by him in his official capacity or to make any statement in relation thereto.

[Am. Act A1084 - Prior text read -

"(1) No prosecutor or witness in any prosecution under this Act shall be compelled to disclose the fact he received any information or the nature of such information or the name of any person who gave such information.

(2) No officer appearing as a prosecutor or witness shall be compelled to produce any confidential reports or documents made or received by him in his official capacity

24 LEGAL PROCEEDINGS AND EVIDENCE-24. Recovery of fees and other expenses incidental to prosecution.

(1) Where any person is convicted of an offence under this Act, the court may order that all fees and other expenses incident to the analysis of any drug in respect of which the conviction is obtained (including any analysis made under section 22 of this Act) shall be paid by the person convicted.

(2) All such fees and expenses shall be recoverable in the same manner as a fine is recoverable.

25 LEGAL PROCEEDINGS AND EVIDENCE-25. Appeal.

Any person aggrieved by any sentence or order under this Act passed or made by a Sessions Court or a Magistrate's Court may appeal therefrom to the High Court:

Provided that where an accused person has pleaded guilty and has been convicted on such plea there shall be no appeal except as to the extent or legality of the sentence.

26 REGULATIONS AND SUPPLEMENTAL PROVISIONS-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;

(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 f

27 REGULATIONS AND SUPPLEMENTAL PROVISIONS-27. Extended application of Act.

The provisions of this Act so far as they are applicable may be extended by regulations made under this Act to apply to tobacco, cigars, cigarettes, snuff, soap, cosmetics and toilet preparations in like manner as the said provisions apply to drugs.

28 REGULATIONS AND SUPPLEMENTAL PROVISIONS-28. Analysts' fees.

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.