Enforcement

One of the 3 main activities of the Pharmaceutical Services Division is enforcement and licensing. The objective of the activity is to ensure the import, manufacture, sale, supply, management, and use of pharmaceuticals, cosmetics and health-care products are conducted in accordance to existing national legislation.

The main activities of enforcement and licensing are as follows:

  • Legislation

The enforcement of pharmacy legislation as follows:

(i) Poisons Act 1952 (Revised 1989) and its regulations

(ii) Dangerous Drugs Act 1952 (Revised 1980) and its regulations

(iii) Sale of Drugs Act 1952 (Revised 1989) and its regulations

(iv) Registration of Pharmacists Act 1951 (Revised 1989) and its regulations

(v) Medicines (Advertisement and Sale) Act 1956 (Revised 1983) and its regulations

  • International Convention

To implement the provisions of the following international conventions as Malaysia is a signatory to these conventions :

  1. Single Convention on Narcotics 1961
  2. Convention on Psychotropic Substances 1971
  3. UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988
  • Licensing

Licensing under existing legislation is to ensure the import, storage, sale and supply are carried out by qualified or fit persons complying with the provisions of the laws.

  • Control of Narcotics, Psychotropics & Chemicals

The requirements of narcotics, psychotropics and precursor chemicals for legitimate use are controlled through the issues of special authorizations in accordance to the quantities assessed and approved by the proper authorities.

  • Medicines Advertisements Control

Issuing of approvals for medicine advertisements is to curtail misleading advertisements and to ensure safe self-medication practiced by members of the public.

  • Control at Entry Points

Inspection at major entry points to ensure drugs, cosmetics and chemicals are imported by legitimate importers.

  • Inspections at Authorized or Licensed Premises

Inspections at premises of license holders and professionals including medical practitioners, dental surgeons and veterinarians aims at proper compliance with the laws.

  • Inspections and Raids

Inspections and raids are being carried out at unlicensed premises to ensure scheduled drugs are not sold or supplied by untrained and unqualified persons.

  • Regular Inspections

Regular inspections are also carried out at all premises dealing with medicines to ensure unregistered medicines are not sold at these premises.

  • Special Inspections

Special inspections are also carried out at professional outlets to ensure drugs with abuse potential are not misused by the professionals.

 

Licenses/permits/authorizations issued

  1. Under the Poisons Act 1952 as follows
  • Type A License
-for registered pharmacists to deal generally with all poisons
Fee -free
  • Type B Licence
-for any person whom the licensing officer may consider fit and proper person to hold such licence, or issued to a responsible officer of a company incorporated under the Companies Act 1965 to import , store and sell by wholesale such poisons (not being a group A Poison) as may be specified in such licence.
Fee -RM100
  • Type D Licence
-for any person whom the licensing officer may consider fit and proper person to hold such licence, to store and sell by retail such Part II Poisons as may be specified in such licence.
Fee -RM20
  • Type E Licence
-for 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.
Fee -RM100
  1. Under the Poisons Regulations (Sodium Hydroxide) 1962 as follows
  • Sodium Hydroxide Permit- to buy, store and use Sodium Hydroxide Fee -RM20
  1. Under the Dangerous Drugs Regulations 1952, the following;
  • Dangerous Drugs Wholesale Licence
- to sell by wholesale Dangerous Drugs
Fee - RM100
  • Dangerous Drugs Manufacturing Licence
- to manufacture Dangerous Drugs
Fee - RM100
  • Dangerous Drugs Import authoriztion
- to import Dangerous Drugs (each consignment)
Fee - RM100
  • Dangerous Drugs Export authoriztion
- to export Dangerous Drugs (each consignment)
Fee - RM100
  • Dangerous Drugs removal licence
- to remove from a conveyance (while in transit)
Fee - RM100
  1. Under the Poisons (Psychotropic Substances) regulations 1989 the following;
  • Psychotropic Substances Import authoriztion
- to import Psychotropic Substances (each consignment)
Fee -RM100
  • Psychotropic Substances Export authoriztion
- to export Psychotropic Substances (each consignment)
Fee -RM100
  1. Under the Customs Order (Prohibition on Import)
    • Approved Permit to import
    items
    *Potassium permanganate
    *Phenylpropan-2-one (1-phenyl-2-propanone)
    *N-acetylanthranilic acid
    *Isosafrole
    *3,4-methylenedioxyphenyl-2-propanone
    *Piperonal
    *Safrole
    *Ergometrine (INN) and its salts
    *Ergotamine (INN) and its salts
    *Lysergic acid and and its salts
    *Ephedrine and its salts
    *Pseudephedrine and its salts
    *Norephedrine and its salts
    *saccharin and its salts
    *clenbuterol
    *salbutamol
    *salmeterol
    *terbutaline
    *formoterol
    tariff code number
    2841.61 000
    2914.31 000
    2924.29 000
    2932.91 000
    2932.92 000
    2932.93 000
    2932.94 000
    2939.61 000
    2939.62 000
    2939.63 000
    2939.41 000
    2939.42 000
    2939.49 000
    2925.11 000
    2922.19 000
    2922.50 000
    2922.50 000
    2922.50 000
    2924.29 000
    • Approval for export
    Item
    *Hydrogen Chloride (Hydrochloric acid)
    *Sulphuric acid
    *Potassium permanganate
    *Toluene
    *Diethyl ether (ethyl ether)
    *Acetone
    *Butanone (methyl ethyl ketone)
    *Phenylacetone (Phenylpropan-2-one)
    (1-phenyl-2-propanone)
    *Phenylacetic acid and its salts
    *Anthranilic acid and its salts
    *N-acetylanthranilic acid
    *Isosafrole
    *1-(1,3-Benzodioxol-5-yl) propan-2-one
    (3,4-methylenedioxy-phenyl-2-propanone)
    *Piperonal
    *Safrole
    *Piperidine and its salts
    *Ergometrine (INN) and its salts
    *Ergotamine (INN) and its salts
    *Lysergic acid and and its salts
    *Ephedrine and its salts
    *Pseudephedrine and its salts
    *Norephedrine and its salts

    tariff code number

    2806.10 000
    2807.00 000

    2841.61 000

    2902.30 000
    2909.11 000
    2914.11 000
    2914.12 000
    2914.31 000

    2916.34 000
    2922.43 000
    2924.29 000
    2932.91 000
    2932.92 000

    2932.93 000
    2932.94 000
    2933.32 000
    2939.61 000
    2939.62 000
    2939.63 000
    2939.41 000
    2939.42 000

    2939.49 000

  1. Under the Medicines (Advertisement and Sale) Act 1956 (Revised 1983):
  1. Approval for advertisement referring to skill or services relating to the treatment, prevention or diagnosis of an ailment, disease, injury, infirmity or condition affecting the human body by private clinic, private radiological clinic or private medical laboratory
    Fee- RM100
  2. Approval for advertisement referring to any article, or articles of any description, in terms which are calculated to lead to the use of that article, or articles of that description as a medicine, an appliance or a remedy for the purpose of treatment or prevention of diseases or conditions of human beings
    Fee- RM100