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Extension of section 6 (3) to section 8 of Act, sales and supply by commercial sample, and relaxation of this subsection

Poisons Rules

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—(1) Section 6(3) of the Act as modified by rule 10 —(a)shall apply to sales exempted by section 8 of the Act except sales of poisons to be exported from Singapore to a place other than Malaysia; and (b)shall also apply to the supply in the form of commercial sample, otherwise than on sale, of any substance included in the First Schedule in like manner as if references to the sale and seller of poisons respectively included references to the supply and supplier of poisons in the form of commercial samples. (2) So much of section 6(3) of the Act as requires an entry in a book to be signed by the purchaser of a poison shall not, as respects the sale of a poison to a person for the purpose of his trade, business or profession, apply if the following requirements are satisfied: (a)the seller obtains before the completion of the sale an order in writing signed by the purchaser stating his name and address, trade, business or profession, and the following particulars in regard to the article to be purchased, that is to say, the purpose for which it is required and the total quantity to be purchased, or, in the case of an article packed in ampoules, either the total quantity to be purchased or the total quantity intended to be administered or injected; (b)the seller is satisfied that the signature is that of the person purporting to have signed the order, that the person carries on the trade, business or profession stated in the order, and that it is one in which the poison to be purchased is used; and (c)the seller inserts in the appropriate entry in the record prescribed by rule 4 or 5 the words, “signed order” and a reference number by which the order can be identified. (3) Where a person represents that he urgently requires a poison for the purpose of his trade, business or profession, the seller may, if he is reasonably satisfied that the person requires the poison and is, by reason of some emergency unable before delivery either to furnish to the seller an order in writing duly signed or to attend and sign the entry in the book, deliver the poison to the purchaser on an undertaking by the purchaser to furnish such an order within the next 24 hours. (4) If the purchaser by whom any undertaking has been given under paragraph (3) fails to deliver to the seller a signed order in accordance with the undertaking, or if any person for the purpose of taking delivery of any poison under paragraph (3) makes a statement which is to his knowledge false, he shall be deemed to have contravened this rule. (5) Where the seller of a poison is satisfied that the poison is required by way of wholesale dealing or for the purpose of medical, dental or veterinary treatment, there shall not apply —(a)in the case of a sale in any of the circumstances set out in section 8 (a) or (d) of the Act, such of the provisions of this rule as require the purchaser to state his trade, business or profession and the seller to be satisfied thereto; and (b)in the case of a sale in any of the circumstances set out in section 8 (a), (c) or (d) of the Act, such of the provisions of this rule as require the purchaser to state the purpose for which the poison is required.

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