[ S.L.101.01 RAW OPIUM 1 SUBSIDIARY LEGISLATION 101.01 RAW OPIUM RULES 1st September, 1939 GOVERNMENT NOTICE 291 of 1939, as amended by Government Notice 448 of
- The title of these Rules is Raw Opium Rules.
- For the purposes of these Rules, unless the context otherwise requires "Ordinance" means the Dangerous Drugs Ordinance; Title. Interpretation. Cap.
- "drug" means any drug, resin or preparation, to which Part II of the Ordinance applies; "medical practitioner", "dental surgeon", "dentist", "veterinary surgeon", "apothecary" mean in each case a person holding a licence to practise in Malta the profession indicated; "register" means a bound book and does not include any form of loose-leaf register or card index. 3.
(1)A person shall not, unless he is duly authorised to do so in accordance with the terms and conditions of his authority, supply or procure, or offer to supply or procure, to or for any person (including himself), whether in these Islands or elsewhere, or advertise for sale, a drug. Prohibition.
(2)A person shall not supply or procure, or offer to supply or procure, a drug to or for any person in these Islands unless that person is authorised to be in possession of the drug and the drug is to be supplied or procured in accordance with the terms and conditions of that person’s authority. 4.
(1)A person shall not be in possession of a drug unless he is duly so authorised. Possession of drug.
(2)For the purposes of these Rules, a person shall be deemed to be in possession of a drug if it is in his actual custody or is held by any other person subject to his control or for him or on his behalf. 5.
(1)Where a drug is to be lawfully supplied to any person (hereinafter referred to as “the recipient”), the person supplying the drug (hereinafter referred to as “the supplier”) shall not deliver it to a person who purports to be sent by or on behalf of the recipient, unless that person either: (
- a)is a person authorised under these Rules to be in possession of that drug; or (
- b)produces to the supplier a statement written in ink or in other indelible manner signed by the recipient to the effect that he is authorised by the recipient to receive the drug in question on behalf of the recipient and the supplier is reasonably satisfied that the document is a Supply of drugs. Amended by: G.N. 448 of 1942. 2 [ S.L.101.01 RAW OPIUM genuine document.
(2)A person to whom a drug is lawfully delivered in the circumstances mentioned in paragraph (b) of sub-rule
(1)shall be deemed to be a person authorised to be in possession thereof, but for such a period only as in the circumstances of the case is reasonably sufficient to enable delivery to the recipient to be effected. Persons authorised to be in possession or to supply drugs. 6. Persons who are members of the following classes, that is to say (
- a)medical practitioners; (
- b)veterinary surgeons; (
- c)apothecaries; (
- d)persons who are in charge of a laboratory used for purposes of research or instruction and attached to any public hospital or to an institution approved for the purpose of this rule by Minister responsible for Health, are hereby authorised, so far as may be necessary for the practice or exercise of their respective professions, functions or employments, in their capacity as members of their respective classes, to be in possession of and to supply drugs. Person convicted of an offence. 7. If any authorised person is convicted of an offence against the Ordinance, the Minister responsible for health may, if he is of the opinion that that person cannot properly be allowed to remain an authorised person, withdraw the authority of that person, by notice in the Gazette: Provided that nothing in this rule shall be taken to prejudice any power otherwise vested in the Minister responsible for Health of withdrawing any authority granted by him. Compliance. 8. Every person authorised to supply drugs shall comply with the following provisions: (
- a)he shall keep a register in the form set out in the Schedule to these Rules and enter therein true particulars with respect to every quantity of any drug obtained by him and with respect to every quantity of any drug supplied by him, whether to persons within or to persons outside these Islands; (
- b)a separate register or a separate part of the register shall be used with respect to each of the following drugs (
- i)(
- ii)raw opium; coca leaves; (
- c)the required entry must be made on the day on which the drug is received or on which the transaction with respect to the supply by him of the drug takes place, or, if that is not reasonably practicable, on the day next following the said day; (
- d)a separate register shall be kept in respect of each set RAW OPIUM [ S.L.101.01 3 of premises at which the authorised person carries on business; (
- e)no cancellation, obliteration or alteration shall be made of an entry in the register and any correction of an entry must be made by way of a marginal note or a footnote which must specify the date on which the correction is made; (
- f)the authorised person shall, on demand by the Chief Government Medical Officer, furnish him with such particulars as this officer may require with respect to the obtaining or supplying by the authorised person of any drug or with respect to any stocks of drugs in the possession of the authorised person; (
- g)the register shall be kept in some part of the premises to which it relates and so as to be, at all times, available for inspection; (
- h)every entry required to be made under this rule and every correction of such an entry must be made in ink or otherwise so as to be indelible. 9.
(1)If any drugs authorised under the law of any country outside these Islands to be exported therefrom to any destination outside these Islands are brought into these Islands, no person shall, without the specific authority of the Chief Government Medical Officer, cause or procure those drugs to be diverted to any other destination. Authorised drugs.
(2)For the purposes of this rule the destination to which any drugs are authorised to be exported shall be taken to be the destination stated in the authority for the export thereof from the country of export. 10. All registers, records, books and other documents which are kept, issued or made in pursuance of the requirements or for the purposes of these Rules shall be preserved for a period of two years from the date on which the last entry is made therein, and in the case of any other document for a period of two years from the date on which it is issued or made. Register. 4 [ S.L.101.01 RAW OPIUM SCHEDULE FORM OF REGISTER (Article 8) A.Entries to be made in case of drugs obtained. The kind of drug to which the entries relate to be specified at the head of each page in the Register. Date on which supply received Name Address of person or firm from whom obtained Amount obtained B.Entries to be made in case of drugs supplied. The kind of drugs to which the entries relate to be specified at the head of each page in the Register. Date on which the transaction was effected Name Address Authority of of person or firm supplied person or firm supplied to be in possession Amount supplied