RAW OPIUM RULES

SUBSIDIARY LEGISLATION 101.01

RAW OPIUM RULES

1st September, 1939

GOVERNMENT NOTICE 291 of 1939, as amended by Government

Notice 448 of 1942.

The title of these Rules is Raw Opium Rules.

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.

Name

Address

Date on which supply

Amount

of person or firm from whom

received

obtained

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.

Name

Address

Authority of

Date on which

of person or firm supplied person or firm

Amount

the transaction

supplied to be

supplied

was effected

in possession

For the purposes of these Rules, unless the context

otherwise requires -

"Ordinance" means the Dangerous Drugs Ordinance;

"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.

(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.

(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.

(1) A person shall not be in possession of a drug unless he

is duly so authorised.

(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.

(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

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 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.

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.

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)

raw opium;

(ii)

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

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.

(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.

(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.

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.