RAW OPIUM [ S.L.101.01 1
SUBSIDIARY LEGISLATION 101.01
RAW OPIUM RULES
1st September, 1939
GOVERNMENT NOTICE 291 of 1939, as amended by Government
Notice 448 of 1942.
Title.
Interpretation.
otherwise requires -
Cap. 101.
"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.
Prohibition.
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.
Possession of drug.
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.
Supply of drugs.
Amended by:
G.N. 448 of 1942.
5. (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
2 [ S.L.101.01 RAW OPIUM
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 authorised 
to be in possession 
or to supply drugs.
6. 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.
Person convicted 
of an offence.
7. 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.
Compliance. 8. 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
RAW OPIUM [ S.L.101.01 3
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.
Authorised drugs.
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.
Register.
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.
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SCHEDULE
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.
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.
Date on which supply 
received
Name Address Amount 
obtainedof person or firm from whom  obtained
Date on which 
the transaction 
was effected
Name Address Authority of 
person or firm 
supplied to be 
in possession
Amount 
suppliedof person or firm supplied
