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The National Drug Policy and Authority Act

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The National Drug Policy and Authority Act THE NATIONAL DRUG POLICY AND AUTHORITY ACT. Statutory Instrument 206—1. The National Drug Policy and Authority Regulations. Arrangement of Regulations. Regulation Preliminary. 1. Citation. Classified drugs. 2. Possession of classified drugs, etc. for industrial use, storage of the drugs and avoidance of risks. 3. Sale of classified drug, etc. by licensed sellers. 4. Sale of classified drugs for mining, agricultural or horticultural purposes. 5. Labelling of containers. 6. Indications of character of classified drug and restricted drug. 7. Directions as to use. 8. Containers for classified drug or restricted drug. 9. Special provisions with respect to hospitals. 10. Marking of packages or bottles. 11. Specified provisions with respect to gifts by representatives. 12. Special provisions with respect to midwives. Manufacture and sale of narcotics, etc. 13. Possession of narcotics and psychotropic substances. 14. No person to manufacture certain drugs without licence or authority. 15. Licence to supply narcotics, etc. 16. Persons authorised to possess and supply narcotics and psychotropic substances without licence. 17. Delivery of drugs to messengers. 18. Preservation of records. Import and export of narcotic and psychtropic drugs. 19. Export of drugs. 20. Import of drugs. 21. Restriction of sales by licensed sellers. 22. Metric system and imperial system. 23. Offences and penalties. Schedules First Schedule Indication of character of article prescribed for the purposes of section 25 of the Act. Second Schedule Statement of particulars permitted in certain cases as to proportion of poison. Third Schedule Limitations on forms of sale and buyers of restricted drugs. Fourth Schedule Substances dealing in which are subject to control under international conventions. Fifth Schedule List of psychotropic substances included in the Schedules annexed to the Convention of 21st February, 1971. Sixth Schedule Import authorisation and certificate of official approval of import. Seventh Schedule Duplicate of import licence. Eighth Schedule Export authorisation. THE NATIONAL DRUG POLICY AND AUTHORITY ACT. Statutory Instrument 206—1. The National Drug Policy and Authority Regulations. (Under section 64 of the Act.) Preliminary. 1. Citation. These Regulations may be cited as the National Drug Policy and Authority Regulations. Classified drugs. 2. Possession of classified drugs, etc. for industrial use, storage of the drugs and avoidance of risks. (1) Any person who imports a classified drug or restricted drug for industrial purposes in accordance with section 46 of the Act may lawfully possess that classified drug or restricted drug in the quantity authorised under the permit. (2) Any person who imports a classified drug or restricted drug for industrial purposes in accordance with these Regulations may sell the classified or restricted drugs so imported to the person named in the application as the purchaser, and the purchaser may, notwithstanding section 27 of the Act, lawfully possess the classified drug or restricted drug. (3) The importer and the user shall provide adequate safe storage and protective clothing, and avoid all risks arising out of misuse. 3. Sale of classified drug, etc. by licensed sellers. (1) A licensed seller holding a valid licence issued under section 15 of the Act shall not sell any classified drug or restricted drug, other than ammonia, hydrochloric acid, nitric acid, potassium quadroxalate and sulphuric acid, except in a closed container as closed by the manufacturer or other person from whom the restricted drug was obtained. (2) Any person who fails to comply with subregulation (1) of this regulation commits an offence. 4. Sale of classified drugs for mining, agricultural or horticultural purposes. (1) No person shall be entitled by virtue of being licensed to deal in a classified drug or restricted drug for mining, agricultural or horticultural purposes to sell or offer for sale any classified drug or restricted drug unless he or she is authorised to do so by his or her licence. (2) A person licensed to deal in a classified drug or a restricted drug for mining, agricultural and horticultural purposes may not sell— (a) any classified drug or restricted drug, other than ammonia, hydrochloric acid, potassium quadroxalate and sulphuric acid, except in a closed container as closed by the manufacturer or other person from whom the classified drug or restricted drug was obtained; (b) any classified drug or restricted drug unless— (i) the purchaser of the drug is a person engaged in the trade, business or profession of mining, agriculture or horticulture and requires the classified drug or restricted drug for the purposes of his or her trade, business or profession; (ii) the sale is made by one of the persons named in the application for the licence to sell the classified drug or restricted drug; (iii) the classified drug or restricted drug, if it is one of the substances referred to in the First Schedule to these Regulations is, in addition to any other requirements of the Act and these Regulations, labelled in the manner described in that Schedule; and (iv) the requirements of section 24 of the Act are complied with. (3) Any person who fails to comply with any provision of subregulation (2) of this regulation commits an offence. 5. Labelling of containers. (1) Every container of a classified drug or restricted drug shall be labelled clearly and distinctly in the English language in the following manner— (a) the name of the classified drug or restricted drug shall be the term by which it is described in the First and Second Schedules to the Act; except that— (i) where that term describes a group of classified drugs or restricted drugs and not the classified drug or restricted drug specifically, the name of the classified drug or restricted drug shall be— (A) if the classified drug or restricted drug is the subject of a monograph in either the British Pharmacopoeia or the British Pharmaceutical Codex or the British Veterinary Codex or the United States Pharmacopoeia, or the International Pharmacopoeia, one or other of the names, synonyms or abbreviated names set out at the head of the monograph; and (B) in any other case, the accepted scientific name descriptive of the true nature and origin of the classified drug or restricted drug, and in those cases the appropriate name of the classified drug or restricted drug shall be written in English; (ii) in the case of a preparation or any dilution or admixture of the preparation in the British Pharmacopoeia or the British Pharmaceutical Codex or the British Veterinary Codex or the United States Pharmacopoeia or the International Pharmacopoeia, or any surgical dressing for which a standard is described in the British Pharmaceutical Codex, it shall be sufficient to state the name, synonym or abbreviated name used to describe the preparation or surgical dressing in the British Pharmacopoeia or the British Pharmaceutical Codex or the British Veterinary Codex or the United States Pharmacopoeia or the International Pharmacopoeia with the addition of the letters B.P. or B.P.C. or B. Vet. C. or U.S.P. or I.P. as the case may be; (b) the particulars as to the proportion which a classified drug or restricted drug contained in a preparation bears to the total ingredients shall be expressed as the percentage which the classified drug or restricted drug bears to the total ingredients; except that— (i) in the case of a preparation containing a classified drug or restricted drug specified in column one of the Second Schedule to these Regulations, it shall be sufficient to state on the label the particulars specified in column two of that Schedule against the description of the classified drug or restricted drug; (ii) in the case of a preparation or surgical dressing which is named in accordance with paragraph (a)(ii) of this subregulation, it shall not be necessary to state on the label the proportion of the classified drug or restricted drug contained in the preparation, and in the case of any dilution or admixture of such a preparation, it shall be sufficient to state the proportion which the preparation bears to the total ingredients of the dilution or admixture; (iii) where the classified drug or restricted drug is in tablets, pills, cachets, capsules, lozenges or similar articles, it shall be sufficient to state on its container, the number of the articles, and the amount of the classified drug or restricted drug or the amount of preparation contained in each tablet, pill, cachet, capsule, lozenge or other similar article; (iv) the words “classified drug or restricted drug” or the alternative indication of character specified in regulation 6 of these Regulations, as the case may be, shall— (A) in the case of a poison not specified in the Second Schedule to the Act, either be printed in red letters on a contrasting background or in letters of some other colour set against a red background; (B) in all cases, be easily legible and either on a separate label or surrounded by a line within which there must be no other words. (2) Where any proportion is stated as a percentage, the statement shall indicate whether the percentage is calculated on the basis of weight in weight or in volume or volume in volume. (3) Directions for the use of any classified drug or restricted drug shall be given in the English language, in addition to any other language. (4) Where a classified drug or restricted drug is contained in a cachet or other similar article, only the box or receptacle containing the cachets or other articles need be labelled. (5) Where the container of a classified drug or restricted drug or the container of a cachet or other similar article is labelled in accordance with this regulation, any other cover or wrapper to that container used only for the purpose of delivery or transport need not be similarly labelled if it complies with the Eighth Schedule to the Act.
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