DRUG ABUSE (PREVENTION ANDCONTROL) REGULATIONS,...

DRUG ABUSE (PREVENTION ANDCONTROL)REGULATIONS, 1993Arrangement of Regulations

Regulation

PART I

Preliminary

1. Citation

2.Interpretation

PART II

Exceptions from certain provisions of the act

3. Exceptions for preparations specified in First Schedule

4. Effect of licences or written authorisations to import,export, produce etc. controlled drugs

5. Production of a controlled drug lawful in certaincircumstances

6. Supply and offering to supply a controlled drug lawful incertain circumstances

Regulation

7. Possession of controlled drug lawful in certaincircumstances

8. General authority to possess controlled drugs

9. General authority for certain classes of persons to possessand supply controlled drugs

10. General authority for pharmacists to produce and retailcontrolled drugs

11. Special provisions in respect of owners or masters ofships

12. Exception for midwives in respect of specified controlleddrugs and preparations

PART III

Importation and Exportation of Controlled Drugs and relatedmatters

13. Application to import, import authorisation and importcertificate

14. Application to export and export authorisation

3/8/2011 www.unodc.org/enl/showDocument.do?…

www.unodc.org/enl/showDocument.do?… 1/26

http://www.unodc.org/enl/showDocument.do


15. Form of removal licence and of diversion certificate

16. Consignment of controlled drugs between places outsideBarbados

Regulation

PART IV

Requirements as to Documentation and Record Keeping

17. Form of prescription

18. Supply of controlled drugs on prescription

19. Supply of controlled drugs otherwise than byprescription

20. Marking of packages and bottles

21. Keeping of registers and other records

22. Provisions as to the keeping of registers

23. Preservation of documents

PART V

Miscellaneous

24. Agents acting in the transfer of business andstock-in-trade

25. Construction of authorisation or authority

26. Transitional provisions

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

FIFTH SCHEDULE

The Drug Abuse (Prevention and Control) Act, 1990 (Act1990-14) [ href="#f10">1 ]

THE DRUG ABUSE (PREVENTION AND CONTROL) REGULATIONS,1993

The Minister in exercise of the powers conferred on him bysections 12, 24, 34(a) and 48 of the DrugAbuse (Prevention andControl) Act, 1990 makes the following Regulations:





PART I Preliminary

1. Citation

These Regulations may be cited as the Drug Abuse (Preventionand Control) Regulations, 1993.

2. Interpretation

In these regulations

" the Act"

means the Drug Abuse(Prevention and Control) Act, 1990;Act 1990-14

" authorised as a member of a group",

in relation to a person, means a person who may be deemed to beauthorised by virtue of being amember of a class in respect ofwhich the Minister has granted an authority for the purposesofregulation 6, 7 or 8;

"controlled drug"

has the meaning assigned by section 3 of the Act;

"Formulary"

means the Barbados National Drug Formulary prepared undersection 5 of the Drug Service Act andas amended or revisedfrom time to time;

"generally authorised",

in relation to a person, means authorised under regulation 9 or11, as the case may be, by virtue ofbeing a member of a classspecified in that regulation, or by being a person of a descriptionsospecified; and

"general authority"

means the authority possessed by that person;

" group authority"

in relation to a person who is a member of a class, means theauthority granted by the Minister inrespect of that class;

"licensed"

means licensed by a licence or other written authorisationissued by the Minister in respect of aspecified person or ofpremises, as the case may be;





"preparation"

means any preparation, admixture, extract or other substancecontaining a proportion of a controlleddrug;

"prescription"

means a prescription given -

1. for a single individual by a doctor for the purposes of medicaltreatment,

2. by a dentist for the purpose of dental treatment, or

3. by a veterinary practitioner for the purposes of animaltreatment;

" recognised preparation"

has the meaning assigned by regulation 17(4);

" register"

means a bound book, and does not include a form of loose leafregister or card index;

"retail business"

means the business of retailing, dispensing or compoundingdrugs;

" retail dealer"

means a person who carries on a retail business;

" wholesale dealer"

means a person who carries on the business of selling drugs topersons who buy to sell again.

PART II Exceptions from certainprovisions of the Act

3. Exceptions in respect ofpreparations specified in First Schedule

Sections 4(1) and 6(1) of the Act (which prohibit theimportation, exportation and possession of controlleddrugs) shallnot apply to the controlled drugs or preparations specified in theFirst Schedule.

4. Effect of licences or otherauthorisations issued under these regulations

Where any person is authorised by a licence or other writtenauthorisation issued by the Minister under theseregulations andfor the time being in force to import, export, produce, supply oroffer to supply or have in hispossession any controlled drug orpreparation, it shall not by virtue of sections 4(1), 5(1) or 6(1)of the Actbe unlawful for that person to import, export, produce,supply, offer to supply or have in his possession that





drug inaccordance with the terms of the licence and in compliance with anyconditions attached to thelicence.

5. Production of a controlled druglawful in certain circumstances

Notwithstanding the provisions of section 5(1) (a) of the Act, aperson may produce or carry on any processin the production of acontrolled drug or preparation if -

(a) he is generally authorised, or licensed under theseregulations to do so;

(b) he does so on premises on which he is so permitted by hisgeneral authority or on premiseslicensed under theseregulations;

(c) production of such drug is conducted in accordance withthese regulations.

6. Supply and offering to supply acontrolled drug in certain circumstances

(1) Notwithstanding the provisions of section 5 (1)(b) of theAct, a person may supply or offer tosupply a controlled drug orpreparation to any person who may have that drug in his possessionif

(a) the first-mentioned person is generallyauthorised, or licensed under these regulations so todo; or

(b) the first-mentioned person is authorised as a member of agroup so to do

(2) For the avoidance of doubt, the administration to another ofa controlled drug or preparation

(i) by or under the direct personal supervision and in thepresence of a doctor;

(ii) by or under the direct personal supervision and in thepresence of a dentist in the course ofdental treatment;

(iii) under the authority of a doctor or a dentist by the personfor the time being in charge of award, theatre or other departmentin

(a) a government hospital or government institution; or

(b) a hospital or home licensed under the Health Services(Private Hospitals andNursing Homes) Regulations, 1969;

[. 1969 No. 235]

(iv) by a person authorised as a member of agroup to supply that drug in accordance with theterms andconditions of his group authority;

(v) under the authority of a doctor in a private home orresidence,

shall be deemed not to be supplying the controlled drug.





7. Possession of controlled druglawful in certain circumstances

Notwithstanding the provisions of section 6 of the Act, a personmay be in possession of a controlled drug orpreparation if

(a) he is generally so authorised, or so licensed under theseregulations; or

(b) he is so authorised as a member of a group to possess acontrolled drug or preparation

8. General authority to possess acontrolled drug

(1) Notwithstanding the provisions of section 6 (1) of the Act,any of the following persons may haveany controlled drug orpreparation in his possession

(a) a member of the Police Force, when acting in the executionof his duty as such;

(b) a person engaged in the business of the Post Office, whenacting in the course of thatbusiness;

(c) an officer of the Customs and Excise Department, when actingin the course of his duty assuch;

(d) a person engaged in the work of anylaboratory to which the drug has been sent forforensicexamination, when acting in the course of his duty as a person soengaged;

(e) a person engaged in conveying the drug to a personauthorised by these regulations to haveit in his possession;

(f) a person carrying on the business of a carrier or anemployee of such a person, acting in thecourse of thatbusiness.

(2) Notwithstanding the provisions of section 6 (1) of the Act,and subject to paragraph (3), a personto whom a controlled drug orpreparation -

(a) is supplied in accordance with these regulations by a doctoror a veterinary practitioner,

(b) is supplied in accordance with these regulations on aprescription given by a doctor, dentist or aveterinarypractitioner,

shall be deemed to be a person generally authorised to be inpossession of the controlled drug orpreparation so supplied.

(3) A person who is supplied with a controlleddrug or preparation by, or upon a prescription given bya doctorshall be deemed not to be a person generally authorised to be inpossession of such drugunder paragraph (2) if -

(i) he was at the time being supplied with a controlled drug orpreparation by, or on aprescription given by another doctor in thecourse of medical treatment and did not disclose the





fact to thefirst-mentioned doctor before the supply by him or on hisprescription of thecontrolled drug or preparation;

(ii) he or any other person on his behalf made a declaration orstatement for the purpose ofobtaining such supply or prescriptionand the declaration or statement was false inparticularthereof.

9. General authority for certainclasses of persons to possess and supply controlled drugs

(1) Notwithstanding the provisions of sections 5 (1) (b) and 6(1) of the Act and subject to theseregulations, a person whois

(a) a doctor,

(b) a dentist;

(c) a veterinary practitioner;

(d) pharmacist -

(i) at a government hospital, pharmacy, orother government institution;

(ii) at a hospital or home licensed under the HealthServices (Private Hospitals andNursing Homes) Regulations,1969;

[. 1969 No. 235]

(e) for the time being in charge of a ward, theatre or otherdepartment in a hospital, home, orinstitution as mentioned insub-paragraphs (i) and (ii) of paragraph (d);

(f) in charge of a laboratory used for the purposes of researchor instruction and attached to

(i) a university, a university college, technical college orgovernment hospital, or

(ii) any other institution that is approved by the Minister forthe purpose of theseregulations;

(g) the Government Analyst or any other qualified analystauthorised by the Minister in writing;

(h) a sampling officer for the purposes of section 14 of theFood and Drugs (Adulteration)Act;

(i) an inspector within the meaning of the HealthServices(Control of Drugs) Regulations,1970;

(j) a pharmacist, is authorised, so far as isnecessary for the practice or exercise of hisprofession, functionor employment and in his capacity as such a person, to be inpossession ofand to supply any controlled drug or preparation.





(2) Notwithstanding paragraph 1 (b), a dentist is not authorisedto supply any controlled drug orpreparation unless that drug isadministered by him, or under his direct supervision and in hispresenceto a person receiving treatment from him.

(3) Notwithstanding paragraph (1) (e), a person referred to inthat paragraph is not authorised toprocure any controlled drug orpreparation except -

(a) from a pharmacist employed or engaged in dispensingmedicines at a hospital, home orinstitution as mentioned inparagraphs (1) (d) (i) and (1) (d) (ii) and on the written orderthereforsigned by that person acting in accordance with thedirections of the doctor or dentist in chargeof a patient in theward, theatre or other department; or

(b) where there is no person employed orengaged as mentioned in sub-paragraph (a), from orunder theauthority of a prescription issued by a doctor or dentist in chargeof a patient in theward, theatre or other department.

(4) Where no pharmacist is employed or engaged in dispensingmedicines at a hospital, home orinstitution as mentioned inparagraphs (1) (d) (i) and (1) (d) (ii), the person in charge ofthe hospital,home or institution is authorised in so far as isnecessary for the purposes of the hospital, home orinstitution andin his capacity as such to be in possession of and to supplycontrolled drugs andpreparations.

(5) Any controlled drug or preparation in the actual custody ofa person who is authorised under theseregulations to be inpossession thereof shall, except where the necessities of thepractice of theprofession, function or employment by virtue ofwhich that person is so authorised otherwise require,be kept in alocked receptacle which can be opened only by him or by some otherperson who isauthorised under these regulations to be inpossession of that drug or preparation.

(6) Where a person employed or engaged in dispensing medicinescomplies with a written orderreferred to in paragraph (3) (a), heshall signify the fact by stamping or appropriately making theorder.

(7) The order so stamped or appropriately marked under paragraph(6) shall be kept in the pharmacy,and a copy thereof shall be keptby the person for the time being in charge of the ward, theatreorother department of the hospital or institution for which thecontrolled drug or preparation wasprocured.

10. General authority forpharmacists to produce and retail controlled drugs

(1) Notwithstanding the provisions of section5 (1) (a) of the Act, and subject to these regulations andto anyother enactment relating to the possession, sale or storage ofdrugs and poisons, pharmacist inthe course of his retail businessmay produce, retail, dispense, compound or supply anycontrolleddrugs or preparations.

(2) Any controlled drug or preparation, (not being a preparationspecified in the First Schedule) in theactual custody of apharmacist in accordance with these regulations shall be kept in alocked receptaclewhich can be opened only by him or by someassistant of his who is a pharmacist and is not a personwhoseauthority has been withdrawn under these regulations.





11. Special provisions in respect ofowners or masters of ships

(1) Notwithstanding the provisions of section 6 and 5 (1) (b) ofthe Act, an owner or a master of aship which does not carry onboard a doctor as part of her complement is authorised -

(i) [rth Schedule]

so far as is necessary for the needs of the voyage to be inpossession of any controlled drug orpreparation specified in theFourth Schedule; and

(ii) subject to any conditions imposed by the Minister, tosupply the controlled drug orpreparation to members of thecrew.

(2) Where a controlled drug or preparation issupplied to a member of the crew of a ship underparagraph (1), anentry in the official log book shall be a sufficient record of thefact, if the entryspecified the controlled drug or preparation sosupplied.

(3) A controlled drug or preparation in the possession of themaster or owner of a ship in accordancewith this regulation shall,except where the necessity of supplying it to a member of the crewotherwiserequires, be kept in a locked receptacle which can beopened only by the master or owner.

(4) The owner or master of a ship which is in a port in Barbadosis authorised to procure such quantityof controlled drugs andpreparations as the medical officer of the port within whosejurisdiction the shipis, certifies to be necessary for the voyagefrom Barbados.

(5) A Person who supplies a controlled drug or preparation inaccordance with a certificate givenunder paragraph (4) shallrecord on the certificate the date on which the controlled drug orpreparationwas supplied and keep it among his records forinspection.

12. Exemption for midwives inrespect of specified controlled drugs and preparations

(1) Notwithstanding the provisions of section 5 (1) (b) and 6(1) of the Act, a midwife may, subject tothe provisions of thisRegulation -

(a) so far as necessary for the practice of her profession oremployment as a midwife, have inher possession any controlled drugor preparation specified in the Fifth Schedule;

(b) [th Schedule]

so far as necessary for the practice of her profession oremployment as a midwife, administerany controlled drug orpreparation specified in the Fifth Schedule;

(c) surrender to the appropriate medical officer of health anystocks of any controlled drug orpreparation specified in the FifthSchedule in her possession which are no longer required byher.

(2) Nothing in paragraph (1) authorises a midwife to have in herpossession any controlled drug or





preparation specified in theFifth Schedule which has been obtained otherwise than on amidwife'ssupply order signed by the appropriate medicalpractitioner.

(3) In this Regulation, the expression -

"appropriate medical practitioner"

means -

(a) a doctor; or

(b) a person for time being in charge of a ward, theatre orother department in a governmenthospital or institution or ahospital, home or institution licensed under the HealthServices(Private Hospitals and Nursing Homes) Regulations, 1969;

[. 1969 No. 235]

" midwife"

means a person whose name appears in the Midwives Register underthe NursesandMidwives(Registration)Act;

[. 372]

" midwife's supply order"

means an order in writing specifying the name and occupation ofthe midwife obtaining anycontrolled drug or preparation specifiedin the Fifth Schedule, the purpose for which it isrequired and thetotal quantity to be obtained.

PART III Importation and Exportation ofControlled Drugs and Related Matters

13. Application to import, importauthorisation, import certificate

(1) A person who wishes to import any controlled drug orpreparation, (not being a preparationspecified in the FirstSchedule) shall apply to the Minister in writing stating

(a) full particulars of the controlled drug or preparation hewishes to import;

(b) the name and the address of the person from whom they are tobe imported; and

(c) any other information that the Minister requires.

(2) [ond Schedule]

An import authorisation in the form "A" set out in the SecondSchedule, permitting the importation ofany controlled drug orpreparation, may be granted by the Minister, or a person authorisedby him, toa person applying under paragraph (1).





(3) Where an import authorisation is grantedunder paragraph (2), the Minister shall, subject toparagraph (4),issue in relation to the controlled drugs or preparations intendedto be imported, animport certificate in the form "B" set out inthe Second Schedule, which shall be forwarded by theintendedimporter to the person from whom the controlled drugs orpreparations are to be obtained.

(4) Where a person to whom an import authorisation is grantedunder paragraph (2) intends to importthe controlled drug orpreparation to which that authorisation relates in more than oneconsignment, aseparate import certificate shall be issued to himin respect of each such consignment.

14. Application to export and exportauthorisation

(1) A person who wishes to export any controlled drug orpreparation (not being a preparationspecified in the FirstSchedule) shall apply to the Minister in writing stating

(a) full particulars of the controlled drug or preparation hewishes to export;

(b) the name and the address of the person to whom they are tobe exported;

(c) the port or post office from which they are to beexported;

(d) the name of the ship or particulars of the aircraft on whichthey are to be exported; and

(e) any other information that the Minister requires.

(2) An application under paragraph (1) shallbe accompanied by the certificate of official approval toimportcontrolled drugs or preparations issued by the competent authorityin the country to which thedrug is to be exported.

(3) Subject to paragraph (6), where the Minister approves anapplication made under paragraph (1),an export authorisation inthe form "C" set out in the Second Schedule shall, upon productionof animport certificate, be issued in respect of any controlleddrug or preparation mentioned in the importcertificate to anyperson named as exporter in that certificate.

(4) The export authorisation shall be prepared in triplicate,two copies of which shall be issued to theexporter who shalldispatch one copy with the controlled drug or preparation when thatdrug isexported, and the third copy shall be dispatched to theappropriate authority in the country of ultimatedestination.

(5) At the time of the exportation of a controlled drug, theexporter shall produce to the Comptrollerof Customs the controlleddrug, the export authorisation relating thereto, and such otherevidence as isnecessary to satisfy the Comptroller that the drugis being lawfully exported to the place and personnamed in theauthorisation.

(6) The provision in relation to the production of an importcertificate under paragraph (3) shall notapply where the intendedexportation is to a country which is not a party to any of theConventionsmentioned in the Act.





15. Form of removal licence and ofdiversion certificate

(1) The removal licence to be granted by the Minister undersection 15 of the Act shall be in the form"D" set out in theSecond Schedule.

(2) The diversion certificate to be issued bythe Minister under section 17 of the Act shall be in theform "E"set out in the Second Schedule.

16. Consignment of controlled drugsbetween places outside Barbados

(1) Where any controlled drugs permitted under the law of acountry other than Barbados to beexported from that country to adestination other than Barbados are brought into Barbados intransit,no person shall cause or procure those drugs to bediverted to any other destination, unless he islicensed underthese regulations and complies with the terms of his licence.

(2) For the purposes of paragraph (1), the destination to whichany controlled drugs are permitted tobe exported shall be deemedto be the destination stated in the permission for export issued bythecountry of export.

PART IV Requirements as to Documentationand Record keeping

17. Form of prescription

(1) A person who in accordance with these regulations issuesprescription for a controlled drug orpreparation shall comply withthe requirements of paragraph(2).

(2) The prescription shall

(a) be in writing and signed by the person issuing it with hisusual signature and be dated by him;

(b) be so written as to be indelible;

(c) specify the address of the person issuingit;

(d) specify the name and address of the person for whosetreatment it is issued or of the personto whom drug or preparationis to be delivered where the person issuing the prescription isaveterinary practitioner;

(e) have written on it, if issued by

(i) a dentist, the words "For local dental treatment only,";

(ii) a veterinary practitioner, the words "For animal treatmentonly.";

(f) specify the dose to be taken, administered or injected andthe frequency of the dose and theperiod of the administration ofthe dose and





(i) if the controlled drug or preparation prescribed is arecognised preparation or ispacked in ampoules, specify the totalamount of the recognised preparation or the totalnumber ofampoules to be supplied,

(ii) in any other case, specify the total quantity of thecontrolled drug or preparation to besupplied.

(3) Paragraph (2) (d) shall be deemed to havebeen complied with if a prescription issued for thetreatment of apatient in a hospital or other government institution or homementioned in paragraph (1)(d) of regulation 9 is written on thepatient's bed card or case sheet, and the usual signature oftheperson issuing the prescription.

(4) For the purposes of sub-paragraph (f) of paragraph (2),"recognised preparation" means apreparation contained in theFormulary.

18. Supply of controlled drugs onprescription

(1) No person shall supply a controlled drug or preparation on aprescription

(a) unless the prescription complies with regulation 17 (2);

(b) unless

(i) he is familiar with the signature of the person by whom itpurports to be given and hasno reason to believe that it is notgenuine, or

(ii) he has taken reasonable steps to satisfy himself that it isgenuine;

(c) before the date specified (if any) in the prescription.

(2) A controlled drug or preparation shall notbe supplied on any one prescription more than once,unless theprescription so specifies and directs the number of times notexceeding three and theintervals at which the controlled drug orpreparation may be supplied.

(3) A person who dispenses a prescription for a controlled drugor preparation shall, at the time ofdispensing it, record thereonthe date on which it is dispensed, and, in the case of aprescription thatmay be dispensed more than once, the date of eachsuch occasion, and keep it among his records forinspection.

19. Supply of controlled drugotherwise than by prescription

(1) Where a controlled drug or preparation (not being apreparation specified in the First Schedule) islawfully suppliedto a person, in this regulation referred to as the "recipient,"otherwise than by, or on aprescription given by a doctor, theperson supplying the drug or preparation, in this regulationreferredto as the "supplier", shall not deliver it to the personwho purports to be sent by the recipient, unlessthat person -





(a) is generally authorised, or licensed or authorised as amember of a group, to be inpossession of that controlled drug orpreparation; or

(b) produces to the supplier a statement in writing signed bythe recipient to the effect that he isauthorised by the recipientto receive the controlled drug or preparation on behalf oftherecipient and the supplier is reasonably satisfied that thedocument is genuine.

(2) A person to whom a controlled drug orpreparation is delivered under paragraph (1) shall bedeemed to bea person authorised to be in possession of that drug orpreparation, but only for suchperiod as is reasonably necessary toenable delivery to be made to the recipient.

20. Marking of bottles and othercontainers

(1) Subject to paragraph (2), no person shall supply acontrolled drug or preparation otherwise than ina bottle, packageor other container which is plainly marked

(a) in the case of a controlled drug which is not a recognisedpreparation, with the amount ofthe controlled drug containedtherein;

(b) in the case of a controlled drug or preparation which is arecognised preparation

(i) in the case of a powder, solution or ointment, with thetotal amount of the preparationin the package, bottle or othercontainer and the percentage of the controlled drugcontained inthe powder, solution or ointment;

(ii) in the case of cachets, single dose injections, lozenges,suppositories, pills, tablets orother similar articles, with theamount of the controlled drug in each article and thenumber ofarticles in the package, bottle or other container.

(2) Paragraph (1) does not apply to acontrolled drug or preparation supplied by or on aprescriptionissued by a doctor or to the supply of any controlled drug orpreparation specified in theFirst Schedule.

21. Keeping of registers and otherrecords

(1) A person, other than person authorised under regulation 9(1) (e), who is generally authorised,licensed, or authorised as amember of a group to supply any controlled drug or preparationshall inaddition to complying with the requirements of regulation22-

(a) keep a register in the form specified in Part I or Part IIof the Third Schedule, as the casemay be, true particulars inrelation to any quantity of a controlled drug or preparation (otherthana controlled drug or preparation specified in the FirstSchedule) that may be obtained by himand in relation to anyquantity of a controlled drug or preparation (other than acontrolled drugor preparation specified in the First Schedule)supplied or procured by him;

(b) use a separate register or separate part of the register forentries made in relation to each ofthe controlled drugs specifiedin Parts I, II and III of the First Schedule to the Act;





(c) where there is a difference in the strength of a controlleddrug or preparation, use a separateregister or separate part ofthe register for that drug or preparation.

(2) A pharmacist shall, in addition tocomplying with paragraph (1) enter in the register the quantityofany controlled drug or preparation (other than a preparationspecified in the First Schedule), used byhim for producing apreparation or making up a prescription.

(3) Every person required to keep a register for the purposes ofthis regulation shall on the 30th Juneand the 31st December ineach year total all the entries up to date and strike a balance inthe registerso as to show in relation to each drug or preparationthe difference between the quantity received andthe quantitysupplied.

(4) Notwithstanding paragraph (1) (a), a doctor shall be deemedto have complied with therequirements of keeping a register forthe purposes of that paragraph, if he enters

(i) in a day book, true particulars of any controlled drug orpreparation supplied by him to anyperson, the name and address ofthat person and the date of the supply;

(ii) in a separate book kept for the purposes of thisregulation, a proper reference to each suchentry.

(5) For the purposes of paragraph (4) (ii), "a proper reference"means a reference entered in theseparate book under the same dateas that on which the entry in the day book was made andisotherwise such as to enable that entry to be easily identified.

(6) A reference in the separate book referredto in paragraph (4) (ii) shall be made in chronologicalorder andthe book shall be kept in separate parts, each in respect of thecontrolled drugs specified inParts I, II, and III of the FirstSchedule to the Act, and the book shall be used only for thepurposes ofparagraph (4).

(7) The entries in the day book and in the separate book shallbe made on the day on which, but forparagraph (4), an entry wouldhave been made in the register under regulation 22(1), andparagraph(c) of that regulation applies to such entry as if itwere an entry in the register kept under thatregulation.

(8) A doctor, dentist or veterinary practitioner who obtains orsupplies any controlled drug orpreparation packed in ampoulesshall be deemed to have complied with the requirements ofparagraph(1) (a) or in the case of a doctor, of paragraph (4), if he entersas the amount which he hasobtained or supplied, as the case maybe, true particulars as to either the total quantity of thecontrolleddrug or preparation, or the total quantity thereofintended to be administered or injected.

(9) The day book and the separate book mentioned in paragraph(4) shall be kept on the premises towhich they relate, so as to beavailable at all reasonable times for inspection.

(10) For the purposes of this regulation a controlled drug orpreparation administered by or under thedirect supervision and inthe presence of a doctor or dentist shall be deemed not to havebeen suppliedby him.





(11) A producer of, or retail or wholesaledealer in, any controlled drug or preparation to which theFirstSchedule applies shall keep every invoice or other like recordissued in respect of each quantity ofany such controlled drug orpreparation supplied or obtained by him, as the case may be.

22. Requirements as to the keepingof registers

(1) A person required to keep a register under regulation 21shall comply with the followingrequirements, that is to say

(a) the class of controlled drugs or preparations to which theentries on any page of the registerrelate shall be specified atthe head of that page;

(b) every entry required to be made in the register inaccordance with regulation 21 shall bemade on the day on which thecontrolled drug or preparation is obtained or, as the case maybe,on which the transaction in respect of the supply of the controlleddrug or preparation by theperson required to make the entry takesplace, or, if that is impracticable, then on the nextfollowingday;

(c) no cancellation, obliteration or alteration of any entry inthe register shall be made, and acorrection of any such entryshall be made only by way of a marginal note or footnotespecifyingthe date on which the correction is made;

(d) the entries and corrections (if any) in the register shallbe made in ink or otherwise so as tobe indelible;

(e) the register shall not be used for anypurpose other than the purposes of these regulations.

(2) A person required to keep a register under regulation 21shall, at the request of the Minister or ofany person authorisedin writing by the Minister in that behalf

(a) furnish such particulars as may be requested in relation tothe obtaining or supplying by himof any controlled drug orpreparation or with regard to any stock of controlled drugsorpreparations in his possession;

(b) produce any stock of controlled drugs or preparations in hispossession for the purpose ofconfirming any particular furnishedunder the preceding subparagraph; and

(c) produce such register, book, or document in his possessionrelating to any dealings incontrolled drugs or preparations as maybe requested.

(3) A separate register shall be kept in respect of each set ofpremises at which the person required tokeep the register carrieson business, but, unless otherwise provided, not more than oneregister shallbe kept at any one time in respect of each class ofcontrolled drugs or preparations for which he isrequired to keep aseparate register or part of a register, but that separate registermay, with theapproval of the Minister, be kept in respect of eachdepartment of the business carried on by him.

(4) The register shall be kept at the premisesto which it relates and available at all reasonable times





forinspection.

23. Preservation ofdocuments

(1) All registers, records, books, prescriptions and otherdocuments which are kept, issued or made inaccordance with or forthe purposes of these regulations shall be preserved

(a) in the case of a register, book or other like record, for aperiod of 2 years from the date onwhich the last entry wasmade;

(b) in the case of any other document, for a period of 2 yearsfrom the date on which it wasissued or made.

(2) For the purposes of paragraph (1) the keeping of a copy madeduring the period of 2 years of anydocument required to be kept inaccordance with regulation 21(11) shall be deemed to be thekeepingof the original document.

24. Agents acting in the transfer ofbusiness and stock-in-trade

For the purposes of these regulations, a person shall not bedeemed to be procuring or offering to procure acontrolled drug orpreparation for any person by reason only that he, in the course ofhis business as agent foranother, offers for transfer or acts inthe transfer of a business or stock-in-trade which includescontrolleddrugs and preparations.

25. Construction of authorisation orauthority

Subject to any conditions specified in or to any limitationattached to his authorisation or group authority, asthe case maybe,

(a) a person who is generally authorised orlicensed to manufacture a controlled drug or preparationshall bedeemed to be generally authorised, or, as the case may be, licensedto supply that drug orpreparation;

(b) a person who is generally authorised or licensed orauthorised as a member of a group to supply acontrolled drug orpreparation shall be deemed to be generally authorised, or, as thecase may be,licensed or authorised as a member of a group to be inpossession of, to procure, and to advertise forsale, thatcontrolled drug or preparation.

26. Transitional provisions

(1) Any import authorisation or import certificate granted forpurposes of section 4(2) of the Act andin force immediately beforethe coming into force of these regulations shall continue in forcefor thesame period of time as if the Narcotic DrugsRegulations [ href="#n20">2 ] now repealed had notbeen repealed andshall have effect as it had been issued for the purposes ofregulation 13.

(2) Any export authorisation granted for purposes of section4(2) of the Act and in force immediately





before the coming intoforce of these regulations shall continue in force for the sameperiod of time as ifthe Narcotic Drugs Regulationsnowrepealed had not been repealed and shall have effect as if ithadbeen issued for the purposes of regulation 14.

(3) Any removal licence or diversion certificate issued forpurposes of section 15 or 17 of the Act andin force immediatelybefore the coming into force of these regulations shall continue inforce for thesame period of time as if the Narcotic DrugsRegulations now repealed had not been repealed andshall haveeffect as if it had been issued in accordance with regulation15.

FIRST SCHEDULE

(Regulations 3, 10, 13, 14, 20, 21, 23)

Controlled drugs or preparations excepted from the provisions ofsections 4(1) and 6 (1) of the Act andfrom regulations 10(2), 13,14, 20(1), 21 (1) and (2) but subject to the requirements ofregulations 21(11)and 23.

1. Preparations of Acetyldihydrocodeine, Codeine,Dihydrocodeine, Ethylmorphine, Nicodicodine,Norcodeine andPholcodine when compounded with one or more other ingredients andcontaining not morethan one hundred milligrammes of the substanceper dosage unit and with a concentration of not more than2.5 percent in undivided preparations.

2. Preparations of cocaine containing not more than 0.1 per centof cocaine calculated as cocaine base andpreparations of opium ormorphine containing not more than 0.2 per cent of morphinecalculated asanhydrous morphine base and compounded with one ormore other ingredients and in such a way that thedrug cannot berecovered by readily applicable means or in a yield which wouldconstitute a risk to publichealth.

3. Preparations of diphenoxylate containing, per dosage unit,not more than 2.5 milligrammes ofdiphenoxylate calculated as base,and a quantity of atrophine sulphate equivalent to at least 1 percent of thedose of diphenoxylate.

4. Preparations of difenoxin, containing, per dosage unit, notmore than 0.5 milligrammes of difenoxin and aquantity of atrophinesulphate equivalent to at least 5 per cent of the dose ofdifenoxin.

5. Preparations of propiram containing not more than 100milligrammes of propiram per dosage unit andcompounded with atleast the same amount of methylcellulose.

6. Pulvis ipecacuanhae et opii compositus

10 per cent opium in powder;

10 per cent ipecacuanha root, in powder well mixed with

80 per cent of any other powdered ingredient containing nocontrolled drug.

7. A preparation or mixture containing notmore than one substance specified in paragraphs 1 to 6andcontaining no other controlled drug.





SECOND SCHEDULE

FORM "A"

BARBADOS

(Regulation 13(2))

Import Authorisation No. ..........................

File No. ..................................................

Applicant's Reference No .........................

MINISTRY OF HEALTH

THE DRUG ABUSE (PREVENTION AND CONTROL) ACT

IMPORT AUTHORISATION

In pursuance of the Drug Abuse (Prevention andControl) Act, the Minister herebyauthorises.............................................(name and full postaladdress of importer) (hereinafter referred to as"the Importer") toimport the controlled drugs specified in the Schedule hereto, from...................(name andfull postal address of exporter).

[. 140 A]

This authorisation is issued subject to the followingconditions:

(l) The drug shall be imported before the day of ,19

(2) This authorisation shall not be deemed to be anauthorisation to be in possession of or to supplythe controlleddrug imported.

(3) This authorisation does not relieve the importer fromcompliance with any Customs Regulations inforce for the time beingrelating to the importation of goods into, or trans-shipment ofgoods in,Barbados or any Post Office Regulations for the timebeing in force in Barbados.

(4) This authorisation is valid only for the importer and may berevoked at any time by the Minister towhom it shall in that eventbe immediately surrendered. It shall be produced for inspectionwhenrequired by any duly authorised person.

(5) This authorisation shall, unless sooner revoked, be producedto the Customs Officer at the time ofimportation and shall besurrendered to him at the time when the last consignment ofcontrolled drugs isimported.

(6) If the importation of all the controlled drugs specified inthe Schedule hereto is not effected before





the date specified incondition No. 1, this authorisation shall immediately after thatdate be surrenderedto the Minister.

(7) The copy of the export authorisation, if any, whichaccompanies the controlled drugs shall beforwarded to theComptroller of Customs immediately the importation of thecontrolled drugs has beenbrought into Barbados by Parcel Post, areceipt for those drugs shall be given by the Importer on suchcopywhen taking the drugs from the Parcel Post Office and thePostmaster-General shall immediatelyforward the receipted copy tothe Comptroller of Customs.

(8) The acknowledgement of the receipt of the drugs imported byvirtue of this authorisation shall besigned by the importer.

Date

Minister responsible for Health

(Specify the drugs and quantities thereof to beimported)

(THIS AUTHORISATION IS NOT TO LEAVE THE POSSESSION OF THEIMPORTERUNTIL IT IS SURRENDERED TO THE MINISTER OR TO THE CUSTOMSOFFICER.............................................., who willcomplete the certificate on the back and return theAuthorisationto the Minister).

If the drugs have been brought into Barbados by Parcel Post thisAuthorisation shall be produced tothe Postmaster who shall make orcause to made the necessary entry in the endorsement on thebackhereof and return it to the Importer who shall surrender it to theCustoms Officer as provided bythe other conditions containedherein.

ENDORSEMENT BY CUSTOMS OFFICER

at the time of Importation

Date No. and Date of(Export Authori-sation

Description ofDrugs Imported

Quantity HowImported

CustomsEntry orParcel No.

Signature of Customsand/or Post OfficeOfficer

No. Date

ACKNOWLEDGEMENT OF RECEIPT BY THE IMPORTER

I, ............................................................,Importer hereby acknowledge the receipt of the abovementionedcontrolled drugs.





(This authorisation must be returned by the Custom Officer tothe Minister responsible for Healthwhen all the drugs to which itrelates have been imported and the above receipt signed).

FORM "B"

BARBADOS

[gulation 13(3))]

No .................................

File No. ..........................


IMPORT CERTIFICATE

1. To be completed in allcases

1. I hereby certify that the Minister of Health being theAuthority charged withthe administration of the law relating tothe drugs to which the Conventionsapply has approved theimportation by

(a) Name, address andbusiness of importer.

(a) of

(b) Exact description andamount of drugs to beimported,including theinternational non-proprietyname, if any. (b) from(c) Name and address offirm in exporting countryfrom whichthe drug is to beobtained. (c)

2 It is hereby certified that these drugs are required inBarbados exclusively formedical and scientific purposes and thatthey may not be re-exported withoutapproval. The Certificate isvalid for importation until..........19..........TheConsignment(s) should be shipped by ocean freight, air freightorinsured parcel post.

Date Minister responsible for Health

FORM "C"

[egulation 14(3))]

Export Authorisation





No. ....................................................

File No. ..............................................

Applicant's Reference No. ....................


EXPORT AUTHORISATION

The Minister of Health, being the competent authority to issueexport authorisation for controlled drugs andhaving in hispossession import certificate No................. dated................ issued by............. (competentauthority inimporting country) allowing the import into .......... (country ofdestination) of the following kindsand amounts of controlleddrugs, hereby authorises Mr. .......................... (name andaddress of exporternamed in import certificate) to export to.................... (name and address of importer named inimportcertificate) the following controlled drugs:

Name ofdrugs

International Non-proprietary name(if any)

Quantity, kind and number ofpackages

Basic drug content inweight

The export shall take place through the Customs office at............... and not later than ...............................(date and year). The shipment must be made in only one consignment(alternatively in two or moreconsignments, if so stated in importcertificate).

This authorisation is issued subject to the following additionalconditions:

(1) This authorisation shall not be deemed to be anauthorisation to obtain or be in possession of thecontrolled drugsnamed herein.

(2) This authorisation is available only for controlled drugs ofthe exact quantity, kind and formspecified above.

(3) This authorisation does not relieve the exporter fromcompliance with any Customs Regulations inforce for the time beingrelating to the exportation of goods from Barbados nor from anyprovision ofthe Post Office Act or any Post OfficeRegulations for the time being in force, nor from any rulesorregulations respecting the transmission of articles by post whichmay for the time being in force,whether within Barbados orelsewhere.

(4) If the controlled drugs are authorised to be exported byship, the attached duplicate copy shallaccompany the consignmentto the place of destination, and for this purpose the exportershall cause itto be delivered to the Master of the vessel by whichthe consignment is despatched.

(5) If the controlled drugs are authorised to be exported bypost, the attached duplicate copy shall beplaced inside the outerwrapper of the parcel containing the controlled drugs. If thecontrolled drugsare contained in more than one parcel, theduplicate copy shall be placed inside the outer wrapper ofone ofthem; the parcel shall be consecutively numbered on the outerwrapper, and on each parcelthere shall be legibly stated thenumber of the parcel in which the duplicate copy is to befound.





(6) The exporter shall, if so required by the Comptroller ofCustoms and Excise, produce to himwithin the time allowed, proofof his satisfaction that the said controlled drugs were dulydelivered atthe destination named in this authorisation, and inthe event of non-compliance with this condition theauthorisationshall be deemed to be void and of no effect whatsoever.

(7) The exporter shall furnish to the Minister such returns inrespect of the controlled drugs exportedby him in pursuance ofthis authorisation as may from time to time be required by theMinister.

(8) This authorisation is valid only for the exporter namedabove and may be revoked at any time bythe Minister. It shall beproduced for inspection when required by any person duly authorisedin thisrespect.

(9) This authorisation shall, unless sooner revoked, continue inforce for three calendar months fromthe date of its issue. It mustbe produced at the time of export, to an officer of -

(1) [ href="#n25">*] theCustoms Department,

(2) [href="#n25">*] the PostOffice

who will retain it. If not used, it shall be surrendered to theMinister within seven days of thedate of its expiry.


Date

*Strike out words not applicable

FORM "D"

[gulation 15(1))]


LICENCE FOR THE REMOVAL OF CONTROLLED DRUGS INTRANSIT

........................................................ ishereby authorised to move the controlled drugs describedhereunderfrom ...............................to...........................................Nature and quantity ofcontrolled drugs.....................Particulars of exportauthorisation (or diversion certificate if any) relatingthereto............................... Name of ship on which thecontrolled drugs were brought intoBarbados.................................... Date ofarrival.....................................................................Numberofpackages................................................................Marks and numbersonpackage..................................................... Thislicence is issued subject to the following conditions:

(1) This licence is valid only for the removal of the controlleddrugs specified above.





(2) The removal of the controlled drugs shall take place between........................... a.m. and..............................p.m. and ...................a.m.and.....................................p.m. onthe...........................(insert date)

(3) If the removal of the controlled drugs does not take placewithin the hours and on the dayspecified, this licence must bereturned to the Comptroller of Customs forthwith; and in any caseshallbe surrendered when the removal has taken place.

(4) The controlled drugs must not be removed unless an Officerof the Customs Department ispresent.

(5) This licence does not authorise the person named above to bein possession of the controlleddrugs otherwise than for thepurpose of removing them in accordance with this licence.

(6) The packages containing the controlled drugs are not to beopened or broken in the course of theremoval.

(7) This licence shall be produced at any time when required byany person duly authorised in thisrespect.

Date

Comptroller of Customs

FORM "E"

Diversion Certificate

issued in Barbados

[gulation 15(2))]


DIVERSION CERTIFICATE

I, being charged with the administration of the law relating tothe controlled drugs to which the provisions ofthe Conventionsapply hereby certify that I have authorised the diversion of theconsignment of drugs, ofwhich particulars are given below to thedestination stated below:

Description and quantity of drugs.....................................................





Name and vessel on which the consignment was brought toBarbados

.....................................................................................................

Name and address of the exporter...................................................

Number and date of export authorisation, and authority by whomissued

......................................................................................................

Name and address of original consignee named in the exportauthorisation

......................................................................................................

Name and address of consignee to whom the consignment isauthorised to be diverted

......................................................................................................

Number and date of import certificate (and authority by whomissued) by virtue of which this diversionis authorised

......................................................................................................

Name of vessel on which the consignment is authorised to becarried from Barbados

......................................................................................................

Period within which the consignment is to be carried fromBarbados

......................................................................................................

This certificate is issued subject to the followingconditions:

(1) The duplicate copy of this certificate shall accompany theconsignment to the place of destination,and for the purpose shallbe delivered to the Master of the vessel by which the consignmentisdespatched.

(2) This certificate does not relieve any person who may beconcerned with the carriage of theconsignment of the controlleddrugs specified above from compliance with any Customs Regulationsinforce for the time being relating to the exportation of goodsfrom Barbados.

(3) This certificate is valid only for the consignment and forthe period specified above, and may berevoked at any time.

(4) If the consignment of the controlled drugs is not carriedfrom Barbados within the period specifiedabove, this certificateshall be surrendered to the Minister.

(5) This certificate shall be produced at any time when requiredby any person duly authorised in thisrespect.





Date


THIRD SCHEDULE

[gulation 21)]

FORM OF REGISTER

Part I

(Entries to be made in case where the person making theentries obtains controlled drugs fromanother person )

Part II

(Entries to be made in case whe





DRUG ABUSE (PREVENTION ANDCONTROL) REGULATIONS,...

Documents

Transcript of DRUG ABUSE (PREVENTION ANDCONTROL) REGULATIONS,...