Poisons Act 1952 s 26

s 26 Licences

(1) The Director General of Health, or the Director of Pharmaceutical Services or the Director of Medical and Health Services of any State duly appointed in writing by the Director General of Health to be a Licensing Officer of any State or the Federal Territory may, subject to this Act, issue licences for the purposes of this Act. (2) Such licences may be— (a) a Type A licence issued to a pharmacist to import, store and deal generally by wholesale and retail or by wholesale only or by retail only, subject to this Act, in all poisons; (b) a Type B licence issued to any person whom the Licensing Officer may consider to be a fit and proper person to hold such licence, or issued to a responsible officer of a company incorporated under the Companies Act 1965 [Act 125] to import, store and sell by wholesale such poisons (not being a Group A Poison) as may be specified in such licence: Provided that no such licence shall be issued to any person or officer who is engaged or concerned in any business of selling goods by retail or shall continue valid at any time after such person or officer becomes so engaged or concerned; (c) a Type C licence issued to any person (in this Act referred to as “a listed seller”), whom the Licensing Officer may consider to be a fit and proper person to hold such licence, to store and sell by retail Group F Poisons only: Provided that no such licence shall be issued within a local authority area unless there is no pharmacist, licensed to sell by retail, carrying on business within such area; (d) a Type D licence issued to any person, whom the Licensing Officer may consider to be a fit and proper person to hold such licence, to store and sell by retail such Part II Poisons as may be specified therein; or Laws of Malaysia ACT 366 (e) a Type E licence issued to 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. (3) Every such licence shall be substantially in the form prescribed applicable to the type of such licence and shall state the name of the person to whom it is issued, and the premises on which any sale or use may be effected, and the period for which such licence is valid. (4) Every such licence shall be subject to such terms and conditions, not inconsistent with this Act or of any regulations made thereunder, as the Licensing Officer may in his discretion impose, subject however in all cases to appeal to the Minister. (5) The Licensing Officer may, in his discretion, refuse to issue any such licence or may cancel any such licence previously issued: Provided that any person aggrieved by the refusal of the Licensing Officer to issue a licence or by the cancellation of a licence may appeal to the Minister whose decision shall be final. (6) Every such licence shall be personal to the licensee named therein and shall not in any case, be transferable to another person and no licence shall authorize the sale of any poison by any person other than the person named therein or otherwise than under his personal supervision, provided that the Licensing Officer, if he sees fit, may amend on a licence the address of the premises at which the person licensed carries on the business or profession in respect of which he is licensed.