Cap3402

LAWS OF GUYANA
Cap. 34:02
CHAPTER 34:02
ANTIBIOTICS ACT
1. Short title.
2. Interpretation.
3. Restriction on manufacture of antibiotics.
4. Restriction on importation of antibiotics.
5. Licences to import antibiotics.
6. Licences to store antibiotics.
7. Authority for captains of ocean-going vessels to be supplied 8. Appointment of Licensing Officer.
9. Form of licences.
10. Cancellation of licences.
11. Restriction of sale or transfer of antibiotics.
12. Right of entry on premises to ensure compliance with Act.
13. Taking samples of antibiotics.
14. Further restriction on issue of antibiotics.
15. Administering of antibiotics.
16. Identification marks or numbers on containers.
17. Licence holder to keep records.
18. Examination of records.
19. Lists of approved pharmaceutical firms.
20. Variation of lists of approved pharmaceutical firms.
21. Regulations.
22. Offences.
23. Penalty.
LAWS OF GUYANA
Cap. 34:02
CHAPTER 34:02
ANTIBIOTICS ACT
An Act to regulate the importation, storage, distribution, sale and
use of antibiotics.
1. This Act may be cited as the Antibiotics Act.
2. In this Act—
“antibiotic” means penicillin, all compounds of penicillin, and all medicinal preparations containing penicillin, streptomycin, all compounds of streptomycin, aureomycin, all compounds ofaureomycin, chloromycetin, all compounds of chloromycetin,and any other anti-microbial organic substance produced byliving organisms or synthetically with the same structuralformula as the natural product of the organism which the Ministermay from time to time, by order published in the Gazette, declareto be an antibiotic to which this Act applies; “the Board” means the Pharmacy and Poisons Board established by section 3 of the Pharmacy and Poisons Ordinance; “captain” means the person who is the commanding officer or master “dentist” means a person registered as a dentist under the Colonial “health officer” means any officer appointed under section 3(2) of the “medical practitioner” means a person registered as a medical practitioner under the Colonial Medical Service Ordinance; LAWS OF GUYANA
Cap. 34:02
“ocean-going vessel” means every description of ocean-going ship whether British or foreign plying between Guyana and any othercountry; “veterinary surgeon” means a person registered as a veterinary surgeon under the Animals Diseases Act.
3. No person shall manufacture any antibiotic in Guyana unless he
is the holder of a licence granted by the Board to manufacture such 4. No person shall import into Guyana any antibiotic other than an
antibiotic manufactured by a pharmaceutical firm approved by the 5. No person shall import any antibiotic into Guyana unless he is
the holder of a licence granted by the Board to import such antibiotic.
6. No person shall store any antibiotic for the purpose of sale
unless he is the holder of a licence granted by the Board to store such 7. Notwithstanding anything contained in this Act, it shall be
lawful for any person who is licensed to import or store any antibiotics to supply such antibiotic as may be required by any captain of any ocean-going vessel subject to the following conditions: (a) no antibiotic shall be supplied to any captain of any ocean-going vessel except on a written order signed by himand counter-signed by a health officer; (b) any person who supplies an antibiotic in accordance with this Act shall retain the written order referred to inparagraph (a), and shall mark it with the date on which theantibiotic was supplied, and shall keep it on his premisesavailable at all times for inspection within a period of twoyears from the date of supply; (c) where an antibiotic is supplied by any captain for the treatment of a member of the crew of an ocean-going vessel,an entry of the medical treatment in the official logbook LAWS OF GUYANA
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shall be sufficient record of the supply, and such entry shallspecify the antibiotic supplied.
8. The Board may appoint a fit and proper person to be Licensing
9. Licences issued under this Act shall be in such form as the
Board may from time to time approve.
10. The Board may cancel any licence issued under this Act if the
holder thereof fails to comply with this Act or of any regulations madeunder this Act.
11. No importer of antibiotics shall sell or transfer any antibiotic to
any person other than a medical practitioner, dentist or veterinary surgeon, unless such person is the holder of a licence to storeantibiotics granted under this Act.
12. Any person authorised in writing by or on behalf of the Board
may at any time between the hours of 6 a.m. and 6 p.m. enter any premises in which he has reason to believe that any antibiotic is being kept which has been acquired or is being kept in contravention of this Act or of any regulations hereunder, and may carry out such inspectionof the premises as he may consider necessary, and may require theoccupier or person in charge of the premises to furnish him with suchinformation in connection with such antibiotic as he may considernecessary. Any antibiotic in respect of which there has been a breachof this Act or of any regulations hereunder may be seized by suchperson authorised as aforesaid and on conviction of the offender shallbe forfeited to the Board if the court so orders.
13. Any person authorised in writing by or on behalf of the Board
may require the holder of a licence to store antibiotics granted under this Act to produce samples of any antibiotic which may be in hispossession and, on payment of the current market value of any sample,may require that it be delivered to him for purposes of assay. If anysuch sample is found on assay to have deteriorated to an extent or tocontain toxic substances in amounts which, in the opinion of the Board,render it ineffective or unfit for use as a therapeutic substance, or not LAWS OF GUYANA
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to contain the antibiotic or to contain the antibiotic in a lesser degree ofpotency than it purports to possess, the Board may require to bedestroyed the entire stock of the antibiotic in the possession of thelicensee which bears the same batch identification number of thesample.
14. (1) Subject to section 6, no antibiotic shall be issued to any
person except on the prescription of a medical practitioner, dentist or veterinary surgeon except that the Minister may on the recommendation of the Board exempt any antibiotic or any medical preparation containing an antibiotic from this subsection. The name of the antibiotic or preparation so exempted shall be published in theGazette.
(2) Every such prescription as is referred to in subsection (l) (a) be in indelible writing or typescript and be signed by the person giving it with his usual signature in indelible writingand be dated by him; (b) specify the address of the person giving it;(c) specify the name and address of the person for whose treatment it is given or, if it is given by a veterinary surgeon,of the person to whom the medicine is to be delivered.
(3) Every person dispensing any such prescription shall comply (a) the prescription shall not be dispensed otherwise than in accordance with the prescription or more than once unlessthe prescription contains a direction in accordance withparagraph (b); (b)if the prescription contains a direction that it may be dispensed a stated number of times or at stated intervals itshall not be dispensed otherwise than in accordance withsuch direction; (c) there must be noted on the prescription at the time of dispensing, immediately above the signature of the persongiving the prescription, the name and address of the person LAWS OF GUYANA
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supplying the antibiotic and the date on which theprescription is dispensed; (d) if the prescription may be again dispensed it shall on the last time of dispensing, be retained for a period of twoyears by the person last dispensing it on the premises onwhich it was last dispensed and be made available forinspection by any person authorised by or on behalf of theBoard.
15. An antibiotic shall not be administered to any person except by
or under the direction of a registered medical practitioner or dentist except that where a case of emergency arises in any area of Guyana andthe services of a medical practitioner are not available, any registereddispenser or registered nurse stationed in that area, who possesses acertificate issued by the Chief Medical Officer that he is competent toadminister penicillin, a compound of penicillin or any medicalpreparation containing penicillin, may administer penicillin, acompound of penicillin, or any medical preparation containingpenicillin.
16. (1) Every container of an antibiotic shall carry a batch
identification mark or number and the date of manufacture of such antibiotic, and the contents of any such containers, supplied by any person and bearing the same identification marks or numbers, shall bedeemed to have been manufactured at the same time and underidentical conditions until the contrary is proved.
(2) No person shall sell, transfer or dispense any antibiotic after the date of expiry endorsed on the container thereof, except to amedical practitioner, dentist or veterinary surgeon who has beeninformed in writing of such date by the person selling, transferring ordispensing such antibiotic.
17. Every holder of a licence to import antibiotics under this Act
(a) the quantities of antibiotics which he has imported into Guyana and the identification marks or numbers of theconsignments; LAWS OF GUYANA
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(b) the date of importation into Guyana of any antibiotic (c) the names of the manufacturers of any such antibiotics;(d) the names and addresses of the persons to whom any such antibiotics have been issued by him and the quantityand date of every such issue.
18. Any person authorised in writing by or on behalf of the Board
may, at any time during business hours enter the premises of any holder of a licence to import antibiotics under this Act and call for andexamine any records required to be kept by such holder.
19. It shall be the function of the Board to submit to the Minister
lists of pharmaceutical firms for approval as manufacturing firms from whom antibiotics may be imported into Guyana. The names of the firms so approved shall be published in the Gazette.
20. The Minister may, on the recommendation of the Board, add to
or delete from the list of approved pharmaceutical firms, and every such addition or deletion shall be published in the Gazette.
21. The Minister may make regulations—
(a) defining the powers and duties of the Board;(b) providing for regulating the storage and transport of (c) controlling or prohibiting any process which may affect the potency, sterility or toxicity of any antibiotic; (d) providing the punishment for any breach of any 22. Any person obstructing any person authorised in writing by or
on behalf of the Board in the performance of any duty imposed by orunder this Act or refusing to give any information lawfully demandedby any such authorised person or otherwise contravening any of theprovisions of this Act shall be guilty of an offence against this Act.
LAWS OF GUYANA
Cap. 34:02
23. Any person guilty of an offence against this Act is liable on
summary conviction to a fine of sixty-five thousand dollars and toimprisonment for six months.

Source: http://www.guyaneselawyer.com/lawsofguyana/Laws/cap3402.pdf