Sale of Drugs Act*
*   This Act is to be repealed on the coming into operation of section 76(1) of the Medicines Act (Cap. 176).
(CHAPTER 282)

(Original Enactment: Ordinance 15 of 1914)

REVISED EDITION 1985
(30th March 1987)
An Act to make better provision for the sale of drugs in a pure state.
[1st July 1919]
Short title
1.  This Act may be cited as the Sale of Drugs Act.
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Interpretation
2.  In this Act, unless there is something repugnant in the subject-matter or context —
“analyst” means an analyst appointed under this Act;
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“drug” means any substance or mixture of substances used by man as a medicine whether internally or externally, and includes anaesthetics, but does not include such substances or mixtures of substances when sold otherwise than for medicinal purposes, and also includes face powders, dusting powders and toilet preparations whether or not advertised or described as a drug and for whatever purpose sold;
“import”, with its grammatical variations and cognate expressions, means to bring or cause to be brought into Singapore by land, water or air from any place which is outside Singapore but does not include the bringing into Singapore by water or air of any goods which it is proved to be intended to be taken out of Singapore on the same vessel or aircraft on which they were brought into Singapore without any landing or transhipment within Singapore;
“importer” includes any person who, whether as owner, consignee, agent or broker, is in possession of, or is in anyway entitled to the custody or control of, the article;
“officer” means any person appointed an officer for the purpose of this Act by the Minister;
“package” includes every means by which goods for carriage or for sale are cased, covered, enclosed, contained or packed;
“poison” means any article deemed to be a poison within the meaning of the Poisons Act [Cap. 234];
“sale” or “sell” includes barter and exchange and also includes offering or attempting to sell or causing or allowing to be sold or exposing for sale or receiving or sending or delivering for sale or having in possession for sale or having in possession any drug knowing that the same is likely to be sold or offered or exposed for sale, and refers only to sale for human consumption or use.
Analysts and officers
Appointment of analysts and officers
3.—(1)  The Minister may appoint a sufficient number of analysts and officers under this Act and make rules for the conduct of their duties.
(2)  Such analysts and officers shall be deemed to be public servants within the meaning of the Penal Code [Cap. 224].
Power of officers to enter, etc.
4.—(1)  Any officer may —
(a)at all reasonable times enter and inspect any place where he has reason to believe that there is any drug intended for sale;
(b)mark, seal or otherwise secure, weigh, count or measure any drug the sale, preparation or manufacture of which is or appears to be contrary to this Act;
(c)seize any drug wherever found which is or appears to be unwholesome or deleterious to health;
(d)destroy any drug wherever found which is decayed or putrefied;
(e)inspect any drug wherever found which he has reasonable ground for believing to be intended for sale.
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(2)  Any person claiming anything seized under this section may within 48 hours after the seizure complain thereof to a Magistrate’s Court, and the complaint may be heard and determined by the Court, which may either confirm or disallow the seizure wholly or in part and may order the article seized to be restored.
(3)  If within 48 hours after the seizure no complaint has been made, or if the seizure is confirmed, the article seized shall become the property of the Government and shall be destroyed or otherwise disposed of so as to prevent its being used for human consumption.
(4)  Where the seizure of any drug is made under subsection (1)(c), the officer making the seizure shall forthwith give notice in writing of the seizure, in the form set out in the Schedule, to the owner or to the consignor or consignee or to the agent of the owner of the thing seized, if his name and address are attached thereto or are otherwise known to the officer and the address is in Singapore.
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(5)  Any person who obstructs any officer in the exercise of his powers under this section shall be guilty of an offence.
Power to demand, select and take samples
5.—(1)  On payment or tender to any person selling or making any drug or to his agent or employee of the current market value of the samples in this section referred to, any officer may at any place demand and select and take or obtain samples of the drug for the purpose of analysis.
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(2)  Any such officer may require that person or his agent or employee to show and permit the inspection of the package in which the drug is at the time kept, and may take therefrom the samples demanded.
(3)  Where any drug is kept for retail sale in an unopened package, no person shall be required by any officer to sell less than the whole of the contents of such package.
Offence
(4)  Any person who refuses or neglects to comply with any demand or requisition made by an officer in pursuance of this section shall be guilty of an offence.
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Any person may have sample analysed
6.  Any person other than the seller may, on payment of the prescribed fee, together with the cost of the sample, require any officer to purchase a sample of any drug and submit the same for analysis.
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*  Section 6 in the 1970 Edition was repealed by Act 12/73.
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Samples, how taken
7.—(1)  When it is intended to submit any sample for analysis, the officer purchasing or otherwise procuring it shall, before or forthwith after procuring it, inform the seller or his agent selling the article or the person having charge of the article that he intends to have the sample analysed by an analyst.
(2)  Such officer shall thereupon divide the sample into 3 parts, and shall mark and seal or fasten up in such manner as its nature permits each such part, and shall offer one of those parts to the seller or his agent or the person having charge of the article.
(3)  Such officer shall subsequently deliver either personally or by registered letter another of those parts to an analyst, and shall retain the third of those parts.
(4)  Where a sample consists of a substance contained in unopened containers or packages and the division into parts of the substance contained in those containers or packages is not reasonably practicable or might affect the composition or impede the proper analysis of the contents, subsection (2) shall be deemed to be complied with if the officer procuring the sample divides the containers or packages into the requisite number of lots and deals with each lot as if it were a part in the manner provided by this section; and references in this Act to a part of a sample shall be construed accordingly.
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Certificate of analyst
8.—(1)  The certificate of the analyst shall be in the prescribed form.
(2)  Where any method of analysis has been prescribed any analyst either for the prosecution or defence shall, in his certificate of analysis, declare that he has followed the prescribed method in his analysis.
(3)  A copy of the result of any analysis of any drug procured by an officer may be obtained from the analyst by the person from whom the article so analysed was purchased or obtained, on payment of such fee as may be prescribed.
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Offence
(4)  No such copy of an analysis shall be used as an advertisement, and any person who so uses it shall be guilty of an offence.
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Power to call for information
9.—(1)  If, in the opinion of an officer appointed by the Minister for the purposes of this section, there is reasonable ground for suspecting that any person is in possession of any drug or other substance for the purpose of sale or of manufacturing or preparing the drug for sale in breach of this Act, he may require that person to produce for his inspection or to produce to any specially authorised officer any books or documents dealing with the reception, possession, purchase, sale or delivery of any such drug or other substance.
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(2)  Any of the officers mentioned in subsection (1) may make or cause to be made copies of or extracts from any such books or documents.
(3)  Such copies or extracts certified as such by any specially authorised officer shall, unless the contrary is proved, be deemed to be true and correct copies or extracts.
(4)  Any person, who refuses or neglects to comply with any requisition made in pursuance of this section, shall be guilty of an offence.
Penalty
(5)  Any officer who does not maintain the secrecy of all matters which come to his knowledge in the performance of his official duties under this section, or who communicates any such matter to any person whomsoever except for the purpose of carrying into effect this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
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