Food and Drugs Act (Cap. 34;03)

LAWS OF GUYANA Food and Drugs 3Cap. 34:03 L.R.O. 3/1998 CHAPTER 34:03 FOOD AND DRUGS ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. PART I GENERAL 3. Power of Minister to order the furnishing of particulars relating to the composition, use and effects of substances used in food and drugs. 4. Prohibition against advertising cures for certain diseases and other ailments. PART II FOOD 5. Prohibition against sale of harmful, unfit, adulterated or insanitary food. 6. Prohibition against various forms of misleading representation with regard to foods. 7. Maintenance of food standards. 8. Prohibition against insanitary conditions as regards food. PART III DRUGS 9. Prohibition against insanitary or adulterated drugs. 10. Prohibition against various forms of misleading representation with regard to drugs. LAWS OF GUYANA Food and DrugsCap. 34:034 SECTION 11. Maintenance of drug standards. 12 Prohibition against insanitary conditions as regards drugs. 13. Restriction of distribution of drug samples. PART IV COSMETICS 14. Prohibition against sale of harmful or insanitary cosmetics. 15. Maintenance of standards for cosmetics. 16. Prohibition against insanitary conditions as regards cosmetics. PART V DEVICES 17. Prohibition against sale of injurious devices. 18. Prohibition against various forms of misleading representation with respect to devices. 19. Maintenance of standard for devices. PART VI ADMINISTRATION AND ENFORCEMENT 20. Appointment of analysts and inspectors. 21. Power of inspector to enter premises, examine, take samples, make copies of documents, demand information and seize articles. 22. Power of inspector with regard to importations. 23. Forfeiture. 24. Analysis. 25. Regulations. 26. Drug Advisory Committee and Food Advisory Committee. 27. Offences by corporations. 28. Jurisdiction. 29. Defences. 30. Evidence and sufficiency of proof. LAWS OF GUYANA Food and Drugs 5Cap. 34:03 L.R.O. 3/1998 SECTION 31. Presumptions. 32. Declaration by manufacturer and certificate in respect of imported foods, drugs, cosmetics or devices. 33. Penalties. 34. Time limit on prosecutions. 35. Prosecution by inspector. 36. Application to the State. 37. Act not to derogate from other laws. FIRST SCHEDULE—Diseases and other Ailments. SECOND SCHEDULE—Drug Standards. THIRD SCHEDULE—Distribution of Drugs. CHAPTER 34:03 FOOD AND DRUGS ACT An Act relating to Foods, Drugs, Cosmetics and Therapeutic Devices. [1ST AUGUST, 1971] 1. This Act may be cited as the Food and Drugs Act. 2. In this Act— “advertisement” includes any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of any food, drug, cosmetic or device; “analyst” means any person appointed as an analyst under section 20; “cosmetic” includes any substance or mixture of substances manufactured, sold or represented for use in cleansing, improving or altering the complexion, skin, lips, hair, fingernails, toenails, or teeth, and includes deodorants and perfumes; Short title. Interpretation. [12 of 1971] LAWS OF GUYANA Food and DrugsCap. 34:036 “device” means any instrument, apparatus or contrivance, including components, parts and accessories thereof, manufactured, sold or represented for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder, abnormal state of health, or the symptoms thereof, in man or animal, or used or intended to be used for the prevention of uterine conception; “drug” includes any substance or mixture of substances manufactured, sold or represented for use in— (a) the diagnosis, treatment, mitigation or prevention of a disease, disorder, abnormal state of health, or the symptoms thereof, in man or animal; (b) restoring, correcting or modifying organic functions in man or animal; (c) disinfection in premises in which food is manufactured, prepared, preserved, packaged or stored for sale or sold, or for the control of vermin in such premises; or (d) the control of plant or animal pests; “food” includes any article manufactured, sold or represented for use as food or drink for man, chewing gum, and any ingredient that may be mixed with food or drink for any purpose whatever; “importer” in relation to an imported article, includes any person who, whether as owner, consignee, agent or broker is in possession of the article or in any way entitled to the custody or control of it; “insanitary conditions” means such conditions or circumstances as might contaminate a food, drug or cosmetic, as the case may be, with dirt or filth or render the same injurious to health or unsafe for use; “inspector” means any person appointed as such under section 20; “label” includes any legend, word or mark attached to, included in, belonging to or accompanying any food, drug, cosmetic, device or package; LAWS OF GUYANA Food and Drugs 7Cap. 34:03 L.R.O. 3/1998 “manufacturer” means a person who, under his own name, or under a trade, design, or word mark, trade name or other name, word or mark controlled by him, sells a food, drug or cosmetic to the general public or to a wholesaler or other distributor for resale to the general public; and includes a body of persons, whether corporate or unincorporate; “package” includes anything in which any food, drug, cosmetic or device is wholly or partly contained, placed or packed; “preparation” in relation to food, drugs or cosmetics, includes manufacture and any form of treatment and packaging; “sell” includes offer for sale, expose for sale, have in possession for sale, and distribute. PART I GENERAL 3. (1) For the purpose of enabling him to exercise his functions under this Act, the Minister may by order require every person who at the date of the order or at any subsequent time carries on a business which includes the production, importation or use of substances of any class specified in the order to furnish to the Government Analyst, within such time as may be so specified, such particulars as may be so specified, of the composition and use of any such substances which in the course of that business are used, or sold for use, in the preparation of food, drugs or cosmetics. (2) Without prejudice to the generality of subsection (1), an order made thereunder may require the following particulars to be furnished in respect of any substance, that is to say— (a) particulars of the composition and chemical formula of the substance; (b) particulars of the manner in which the substance is used or proposed to be used in the preparation of food, drug or cosmetic; Power of Minister to order the furnishing of particulars relating to the composition, use and effects of substances used in food and drugs. LAWS OF GUYANA Food and DrugsCap. 34:038 (c) particulars of any investigations carried out by or to the knowledge of the person carrying on the business in question, for the purpose of determining whether and to what extent the substance, or any product formed when the substance is used as aforesaid, is injurious to, or in any other way affects health; (d) particulars of any investigations or inquiries carried out by or to the knowledge of the person carrying on the business in question for the purpose of determining the cumulative effect on the health of a person consuming the substance in ordinary quantities. (3) Any person who, without the previous consent in writing of the person carrying on the business in question, discloses particulars furnished in accordance with an order under this section, or information relating to any individual business obtained by means of such particulars, except— (a) in accordance with directions of the Minister so far as may be necessary for the purposes of this Act; or (b) for the purposes of any proceedings for an offence under this Act or of any report of such proceedings, is guilty of an offence. 4. (1) Except as prescribed or exempted by regulations, any person who advertises any food, drug, cosmetic or device to the general public as a treatment, preventive or cure for any of the diseases, disorders or abnormal physical states mentioned in the First Schedule, is guilty of an offence. (2) Except as prescribed or exempted by regulation any person who sells any food, drug, cosmetic or device— (a) that is represented by label, or (b) that he advertises to the general public, Prohibition against advertising cures for certain diseases and other ailments. First Schedule. LAWS OF GUYANA Food and Drugs 9Cap. 34:03 L.R.O. 3/1998 as a treatment, preventive or cure for any of the diseases, disorders or abnormal physical states mentioned in the First Schedule is guilty of an offence. PART II FOOD 5. Any person who sells an article of food that— (a) has in or upon it any poisonous or harmful substance; (b) is unfit for human consumption; (c) consists in whole or in part of any filthy, putrid, rotten, decomposed or diseased animal or vegetable substance; (d) is adulterated; or (e) was manufactured, prepared, preserved, packaged or stored under insanitary conditions, is guilty of an offence. 6. (1) Any person who labels, packages, treats, processes, sells or advertises any food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety is guilty of an offence. (2) An article of food that is not labelled or packaged as required by the regulations, or is labelled or packaged contrary to the regulations shall be deemed to be labelled or packaged contrary to subsection (1). 7. Where a standard has been prescribed for a food, any person who labels, packages, sells or advertises any article in such manner that it is likely to be mistaken for such food, is, unless the article complies with the prescribed standard, guilty of an offence. 8. Any person who manufactures, prepares, preserves, packages or stores for sale any food under insanitary conditions is guilty of an offence. Prohibition against sale of harmful, unfit, adulterated or insanity food. Prohibition against various forms of misleading representation with regard to foods. Maintenance of food standards. Prohibition against insanitary conditions as regards food. LAWS OF GUYANA Food and DrugsCap. 34:0310 PART III DRUGS 9. Any person who sells any drug that— (a) was manufactured, prepared, preserved, packed or stored under insanitary conditions; (b) is adulterated; or (c) is stale, is guilty of an offence. 10. (1) Any person who labels, packages, treats, processes, sells or advertises any drug in a manner that is false, misleading, or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety, is guilty of an offence. (2) A drug that is not labelled or packaged as required by the regulations, or is labelled or packaged contrary to the regulations, shall be deemed to be labelled or packaged contrary to subsection (1). 11. (1) Where a standard has been prescribed for a drug, any person who labels, packages, sells or advertises any substance in such a manner that is likely to be mistaken for such drug, is, unless the substance complies with the prescribed standard, guilty of an offence. (2) Where a standard has not been prescribed for a drug but a standard for the drug is contained in any publication mentioned in the Second Schedule, any person who labels, packages, sells or advertises any substance in such a manner that it is likely to be mistaken for such drug, is, unless the substance complies with such standard, guilty of an offence. (3) Where a standard for a drug has not been prescribed and no standard for the drug is contained in any publication mentioned in the Second Schedule, any person who sells such drug is unless— Prohibition against insanitary or adulterated drugs. Prohibition against various forms of misleading representation with regard to drugs. Maintenance of drug standards. Second Schedule. LAWS OF GUYANA Food and Drugs 11Cap. 34:03 L.R.O. 3/1998 (a) it is in accordance with the professed standard under which it is sold; (b) it does not resemble, in a manner likely to deceive, any drug for which a standard has been prescribed or is contained in any publication mentioned in the Second Schedule, guilty of an offence. 12. Any person who manufactures, prepares, preserves, packages or stores for sale any drug under insanitary conditions is guilty of an offence. 13. (l) Any person who distributes or causes to be distributed any drug as a sample is guilty of an offence. (2) Subsection (l) does not apply to the distribution of samples of drugs by mail or otherwise to duly registered medical practitioners, dentists or veterinary surgeons or the Government Pharmacist or to an entomologist or to the distribution of drugs other than those mentioned in the Third Schedule to registered pharmacists for individual redistribution to adults only or by a distributor in compliance with individual requests, or by a manufacturer of drugs to any person acting as a distributor of drugs on behalf of such manufacturer. PART IV COSMETICS 14. Any person who sells any cosmetic that— (a) has in or upon it any substance that may cause injury to the health of the user when the cosmetic is used— (i) according to the directions on the label or accompanying the cosmetic; or (ii) for such purposes and by such methods of use as are customary or usual therefor; Prohibition against insanitary conditions as regards drugs. Restriction of distribution of drug samples. Prohibition against sale of harmful or insanitary cosmetics. Third Schedule. LAWS OF GUYANA Food and DrugsCap. 34:0312 (b) consists in whole or in part of any filthy or decomposed substance or of any foreign matter; or (c) was manufactured, prepared, preserved, packed or stored under insanitary conditions, is guilty of an offence. 15. Where a standard has been prescribed for a cosmetic, any person who labels, packages, sells or advertises any article in such a manner that it is likely to be mistaken for such cosmetic, is, unless the article complies with the prescribed standard, guilty of an offence. 16. Any person who manufactures, prepares, preserves, packages or stores for sale any cosmetic under insanitary conditions is guilty of an offence. PART V DEVICES 17. Any person who sells any device which, when used according to directions or under such conditions as are customary or usual, may cause injury to the health of the purchaser or user thereof, is guilty of an offence. 18. (1) Any person who labels, packages, treats, processes, sells or advertises any device in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, composition, merit or safety, is guilty of an offence. (2) A device that is not labelled or packaged as required by the regulations or is labelled or packaged contrary to the regulations, shall be deemed to be labelled or packaged contrary to subsection (1). 19. Where a standard has been prescribed for a device, any person who labels, packages, sells or advertises any article in such a manner that it is likely to be mistaken for such device, is, unless the article complies with the prescribed standard, guilty of an offence. Maintenance of standards for cosmetics. Prohibition against insanitary conditions as regards cosmetics. Prohibition against sale of injurious devices. Prohibition against various forms of misleading representation with respect to devices. Maintenance of standard for devices. LAWS OF GUYANA Food and Drugs 13Cap. 34:03 L.R.O. 3/1998 PART VI ADMINISTRATION AND ENFORCEMENT 20. (1) The Minister may appoint such number of fit and proper persons to be analysts or inspectors for the purposes of this Act and notice of any such appointment shall be published in the Gazette and shall be officially and judicially noticed. (2) The Minister shall furnish every person appointed by him under subsection (1) with a certificate of his appointment. 21. (1) An inspector may at a reasonable time— (a) enter any place where on reasonable grounds he believes an article to which this Act applies is manufactured, prepared, preserved, packaged or stored for sale or sold, examine the article and take samples thereof, and examine anything that he reasonably believes is used or capable of being used for the manufacture, preparation, preservation, packaging or storing; (b) open and examine any receptacle or package that on reasonable grounds he believes contains an article to which this Act applies; (c) examine any books, documents or other records found in any place mentioned in paragraph (a) which on reasonable grounds he believes contain or are likely to contain any information relevant to the enforcement of this Act with respect to any article to which this Act applies and make copies thereof or extracts therefrom; and (d) seize and detain for so long as may be necessary for the purposes of any examination, investigation, trial or inquiry, any article by means of or in relation to which he reasonably believes any provision of this Act has been contravened. (2) For the purposes of subsection (1) the expression “article to which this Act applies” includes— (a) any food, drug, cosmetic or device; Appointment of analysis and inspectors. Power of inspector to enter premises, examine, take samples, make copies of documents, demand information and seize articles. LAWS OF GUYANA Food and DrugsCap. 34:0314 (b) anything used for the manufacture, preparation, preservation, packaging or storing thereof; and (c) any labelling or advertising material. (3) An inspector on entering any place pursuant to subsection (1) shall, if so required, produce his certificate of appointment to the person in charge thereof. (4) The owner or person in charge of a place entered by an inspector pursuant to subsection (1) and every person found therein shall give the inspector all reasonable assistance in his power and furnish him with such information as he may reasonably require. (5) Any person who— (a) fails to comply with subsection (4); (b) obstructs an inspector in the carrying out of his duties under this Act; (c) knowingly makes any false or misleading statement either verbally or in writing to any inspector engaged in carrying out his duties under this Act; or (d) removes, alters or interferes in any way with any article seized under this Act without the authority of an inspector, is guilty of an offence. (6) Any article seized under this Act may at the option of an inspector be kept or stored in the building or place where it was seized or may at the direction of an inspector be removed to any other proper place. (7) Where an inspector in exercise of his powers under this Act has taken a sample of any food, drug, cosmetic, or device and it appears from any examination or investigation by the analyst or the inspector that the sale of any such food, drug, cosmetic or device would not be in contravention of this Act, the inspector shall pay compensation to the owner of the sample if it cannot be returned to the owner without prejudice to the owner. LAWS OF GUYANA Food and Drugs 15Cap. 34:03 L.R.O. 3/1998 22. (1) An inspector has the right to examine any customs entries of food, drugs, cosmetics or devices imported into Guyana and to take samples thereof and to submit the samples to an analyst for analysis or examination. (2) In any case where samples are taken such food, drug, cosmetic or device shall not be delivered to the importer until the analyst has reported upon the samples taken. (3) If it appears from the report of the inspector or the analyst that the sale of the food, drug, cosmetic or device— (a) would be in contravention of this Act if sold in Guyana, the food, drug, cosmetic or device shall not be admitted in Guyana for use as a food, drug, cosmetic, or device; (b) would not be in contravention of this Act if sold in Guyana, the food, drug, cosmetic or device shall, subject to the provisions of any other law, be admitted in Guyana for use as a food, drug, cosmetic, or device. 23. (1) An inspector shall release any article seized by him under this Act when he is satisfied that all the provisions of this Act with respect thereto have been complied with. (2) Where an inspector has seized an article under this Act and the owner thereof or the person in whose possession the article was at the time of seizure consents to the destruction thereof the article shall thereupon be forfeited to the State and may be destroyed or otherwise disposed of as the Minister may direct. (3) Where a person has been convicted of an offence against this Act, the court may order that all articles in respect of which the offence was committed be forfeited, and upon the order being made, the article shall be forfeited to the State and may be destroyed or otherwise disposed of as the Minister may direct. 24. (1) An inspector may submit any article seized by him or any sample therefrom or any sample taken by him to an analyst for analysis or examination. Power of inspector with regard to importations. Forfeiture. Analysis. LAWS OF GUYANA Food and DrugsCap. 34:0316 (2) Where an analyst has made an analysis or examination he shall issue to the inspector a certificate or report setting forth the results of his analysis or examination. 25. (1) The Minister may make regulations for carrying the purposes and provisions of this Act into effect, and, in particular, but without prejudice to the generality of the foregoing, may make regulations— (a) declaring that any food or drug or class of food or drugs is adulterated if any prescribed substance or class of substances is present therein or has been added thereto or extracted or omitted therefrom; (b) respecting— (i) the labelling and packaging and the offering, exposing and advertising for sale of food, drugs, cosmetics and devices; (ii) the size, dimensions, fill and other specifications of packages of food, drugs, cosmetics and devices; (iii) the sale or the condition of sale of any food, drug, cosmetic or device; and (iv) the use of any substance as an ingredient in any food, drug, cosmetic or device; to prevent the consumer or purchaser thereof from being deceived or misled as to its quantity, character, value, composition, merit or safety or to prevent injury to the health of the consumer or purchaser; (c) prescribing standards of composition, strength, potency, purity, quality or other property of any article of food, drug, cosmetic or device; (d) respecting the importation of foods, drugs, cosmetics and devices in order to ensure compliance with this Act; (e) respecting the method of preparation, manufacture, preserving, packing, storing and testing of any food, drug, cosmetic or device in the interest of, or for the prevention of injury to, the health of the consumer or purchaser; (f) requiring persons who sell food, drugs, cosmetics or Regulations. [6 of 1997] LAWS OF GUYANA Food and Drugs 17Cap. 34:03 L.R.O. 3/1998 devices to maintain such books and records as may be prescribed or as the Minister considers necessary for the proper enforcement and administration of this Act and to produce such books and records to any person authorised in that behalf by the Minister; (g) respecting the powers and duties of inspectors and analysts and the taking of samples and the seizure, detention, forfeiture and disposition of articles; (h) exempting any food, drug, cosmetic or device from all or any of the provisions of this Act and prescribing the conditions of such exemption; (i) prescribing forms for the purposes of this Act; (j) providing for the analysis of food, drugs or cosmetics at the request of members of the public and prescribing a tariff of fees to be paid for such analysis; (k) providing for the making of special schedules of drugs and for the listing or describing of drugs therein and for the conditions under which such drugs shall be sold including the process or condition of manufacture, the kind and conditions of the premises wherein manufactured, the qualification of technical staff engaged therein, and such other matters as are necessary to ensure that any drug so listed and described will not be unsafe for use; (1) adding anything to any of the Schedules, in the interest of, or for the prevention of injury to, the health of the consumer or purchaser, or deleting anything therefrom; (m) requiring proof of safety regarding the use of any substance, in whole or in part, in any food, drug or cosmetic; (n) restricting the use of any class of additives for foods, drugs or cosmetics to a prescribed list of members of that class; and (o) prescribing anything authorised or required to be prescribed under this Act. (2) Regulations made under this section may prescribe in respect of any contravention thereof or failure to comply therewith a fine of six thousand five hundred dollars or imprisonment for three months on summary conviction. LAWS OF GUYANA Food and DrugsCap. 34:0318 26. (1) The Minister may establish— (a) a Drug Advisory Committee to assist and advise him with respect to drug standards, schedules of drugs, conditions of sale of drugs, standards for cosmetics, conditions of sale of cosmetics and any other matters connected therewith in the interest of, and for the protection of, the public health; and (b) a Food Advisory Committee to assist and advise him with respect to food standards, labelling and other matters connected with the manufacture and distribution of foods in the interest of, and for the protection of, the public health. (2) The Committees mentioned in subsection (1), shall be representative of lay and professional interests and shall comprise of such persons as by reason of their knowledge, interest and experience are considered suitable for appointment thereto. 27. Where a person who commits an offence against this Act is a body corporate, the chairman, the president, the officers and every director thereof concerned in the management of the body corporate, is guilty of the same offence unless he proves that the act or omission constituting the offence took place without his knowledge or that he exercised all due diligence to prevent the commission thereof. 28. A prosecution for an offence against this Act may be instituted, heard, tried or determined in the place in which the offence was committed or the subject-matter of the prosecution arose or in any place in which the accused is apprehended or happens to be. 29. (1) Subject to subsection (2), in a prosecution for the sale of any article in contravention of this Act, if the accused proves to the satisfaction of the court that— (a) he purchased the article from another person in packaged form and sold it in the same package and in the same condition the article was in at the time he purchased it; and Drug Advisory Committee and Food Advisory Committee. Offences by corporations. Jurisdiction. Defences. LAWS OF GUYANA Food and Drugs 19Cap. 34:03 L.R.O. 3/1998 (b) that he could not with reasonable diligence have ascertained that the sale of the article would be in contravention of this Act, the accused shall be acquitted. (2) Subsection (1) does not apply in any prosecution unless the accused, on or before the day fixed for the trial, has given to the prosecutor notice in writing that he intends to avail himself of the provisions of the said subsection and has disclosed to the prosecutor the name and address of the person from whom he purchased the article and the date of purchase. 30. (1) A certificate of an analyst stating that he has analysed or examined an article or a sample submitted to him by an inspector and stating the result of his examination is admissible in evidence in any proceeding in a magistrate’s court for an offence against this Act, and is prima facie evidence of the statements contained in the certificate; if in any such proceeding an analyst is called as an expert, the party calling him shall, unless the magistrate otherwise expressly orders, pay all costs occasioned by his having been so called. (2) Proof that a package containing any article to which this Act applies bore a name or address purporting to be the name or address of the person by whom it was manufactured or packaged is prima facie evidence in a prosecution for an offence against this Act that the article was manufactured or packaged, as the case may be, by the person whose name or address appeared on the package. (3) In a prosecution for an offence against this Act it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent has been prosecuted for the offence; and for the purposes of this subsection, any person selling or ostensibly employed to sell shall be presumed to be employed to sell. Evidence and sufficiency of proof. LAWS OF GUYANA Food and DrugsCap. 34:0320 (4) In a prosecution for an offence against this Act a copy of any document or record or an extract therefrom certified to be a true copy by the inspector who made it pursuant to section 21(1)(c) is receivable in the proceeding as prima facie evidence of the contents thereof. (5) Where a person is prosecuted under this Act for having manufactured an adulterated food or drug for sale, and it is established that— (a) the food or drug has by regulation been declared to be adulterated if any prescribed substance has been added thereto; and (b) such person had in his possession or on his premises any such prescribed substance, the onus of proving that the food or drug was not adulterated by the addition of such substance shall be on the accused. 31. For the purpose of this Act— (a) any article commonly used for human consumption shall, if sold, be presumed, until the contrary is proved, to have been sold for human consumption; (b) any article commonly used for human consumption which is found on premises used for the preparation, storage, or sale of that article and any article commonly used in the manufacture of products for human consumption which is found on premises used for the preparation, storage or sale of these products, shall be presumed, until the contrary is proved, to be intended for sale, or for manufacturing products for sale, for human consumption; (c) any substance capable of being used in the composition or preparation of any article commonly used for human consumption which is found on premises on which that article is prepared shall, until the contrary is proved, be presumed to be intended for such use. Presumptions. LAWS OF GUYANA Food and Drugs 21Cap. 34:03 L.R.O. 3/1998 32. (1) The Minister may order that the manufacturer of any article of food, drug or cosmetic shall furnish a declaration in prescribed form that the article in question as manufactured by him has been made in accordance with all requirements of this Act, and any person who fails to comply with any such order is guilty of an offence. (2) Except as provided by the regulations, no article of food, drug, cosmetic or device shall be imported into Guyana unless the article wholly conforms to the law of the country in which it was manufactured or produced and is accompanied by a certificate in prescribed form and manner that the article does not contravene any known requirement of the law of that country and that its sale therein would not constitute a contravention of the law thereof. 33. Save as otherwise provided by regulations made pursuant to section 25, every person who commits an offence against this Act is liable— (a) on summary conviction for a first offence to a fine of not less than six thousand five hundred dollars nor more than thirty-two thousand five hundred dollars and to imprison ment for not less than one month nor more than three months, and for a subsequent offence to a fine of not less than thirty-two thousand five hundred dollars nor more than sixty-five thousand dollars and to imprisonment for not less than three months nor more than six months; (b) on conviction upon indictment to a fine of not less than sixty-five thousand dollars nor more than three hundred and twenty-five thousand dollars and to imprisonment for not less than one year nor more than three years. 34. A prosecution under section 33(a) may be instituted at any time within twelve months from the time the subject matter of the prosecution arose. 35. An inspector may institute proceedings under this Act before a court of summary jurisdiction and has power to conduct any proceedings so instituted by him notwithstanding that he is not a barrister or a solicitor. Declaration by manufacturer and certificate in respect of imported foods, drugs, cosmetics, or devices. Penalties. Time limit on prosecutions. Prosecution by inspector. LAWS OF GUYANA Food and DrugsCap. 34:0322 36. (1) The Minister may, by order, provide for the application to the State of such of the provisions of this Act as may be specified in the order, with such adaptations and modifications as may be so specified. (2) Without prejudice to the generality of subsection (1), an order under this section may make special provision for the enforcement of any provisions applied by the order, and, where any such provision imposes a liability on a person by reason that he is the occupier or owner of premises, or the owner of a business, or the principal on whose behalf any transaction is carried out, the order may make provision for determining, in a case where the premises are occupied or owned, or the business is owned, by the State, or the transaction is carried out on behalf of the State, the person who is to be treated as so liable. 37. This Act does not derogate from the provisions of— (a) the Narcotic Drugs and Psychotropic Substances (Control) Act; (b) the Antibiotics Act; (c) the Public Health Ordinance; and (d) the Pharmacy and Poisons Ordinance. FIRST SCHEDULE DISEASES AND OTHER AILMENTS Alcoholism Alopecia (Baldness) Anxiety States Appendicitis Arteriosclerosis Arthritis Bladder Disease Blood Diseases Blood Poisoning Blood Pressure (High Blood Pressure, Low Blood Pressure) Application to the State. Act not to derogate from other laws. [c. 35:11 c. 34:02 Cap. 145, 1953 Ed. 36 of 1956] s. 4 LAWS OF GUYANA Food and Drugs 23Cap. 34:03 L.R.O. 3/1998 Cancer Depression Diabetes Diphtheria Disorders of the prostatic gland Dropsy Dysentery Epilepsy Eye Diseases Filariasis Gall Bladder Disease Gangrene Gastroenteritis Glaucoma Goitre Haemorrhoids (Piles) Heart Disease Hernia (Ruptures) Kidney Disease Leprosy Liver Disease Lumbago Menstrual Disorders Nausea and Vomiting of Pregnancy Nervousness Obesity Pleurisy Pneumonia LAWS OF GUYANA Food and DrugsCap. 34:0324 Poliomyelitis (Infantile Paralysis) Psychiatric Disorders Sexual Impotence Spinal Meningitis Stroke Tetanus (Lockjaw) Tuberculosis Tumors Typhoid Fever Ulcers of the Gastro Intestinal Tract Venereal Diseases SECOND SCHEDULE DRUG STANDARDS Name Abbreviation Pharmacopoea Internationalis Ph.I The British Pharmacopoeia B.P. The Pharmacopeia of the United States of America U.S.P. The British Pharmaceutical Codex B.P.C. Latest The Canadian Formulary C.F. Edition The National Formulary N.F. and The British National Formulary B.N.F. Addenda Codex Francais Codex s. 11 LAWS OF GUYANA Food and Drugs 25Cap. 34:03 L.R.O. 3/1998 THIRD SCHEDULE DISTRIBUTION OF DRUGS PART I Amitriptyline and its salts Appetite suppressant agents (anoretics) except those specifically exempted by the regulations, amphitamine, its derivatives and their salts Barbituric acid, any derivative thereof, and any salt thereof Bemegride Benzediazepine derivatives—the following and their salts: Diazepam Nitrazepam Oxazepam Bromal and the following derivatives: Bromal hydrate Brometone Bromoform Carbromal and the following derivatives: Acetylcarbromal Allylisopropylacetylurea Bromisoval Diethylbromacetamide Carisoprodol Chloral and the following derivatives: Butyl chloral hydrate Alpha-chloralose Chloral hydrate (except in preparations for external use containing not more than 1 per cent) Chloralformamide Chloralimide Chlordiazepoxide and its salts Chlorphentermine and its salts s. 13 LAWS OF GUYANA Food and DrugsCap. 34:0326 Disulfiram Glutethimide Imipramine and its salts Iproniazid and its salts Isocarboxazid and its salts Lysergide Mefenamic acid Mephentermine and its salts Mescaline and its salts Metaldehyde Methamphetamine, its derivatives and salts Methaqualone and its salts Methylphenidate and its salts Methyl sergi de Nialamide and its salts Nortriptyline and its salts Paraldehyde Pemoline and its salts Pentazocine Phentermnine and its salts Phenelzine and its salts Pheniprazine and its salts Pipamazine and its salts Prodilidine and its salts Propoxyphene (Dextropropoxyphene) Protriptyline and its salts Sulphonal and alkyl sulphonals Sulphonamides and their salts and derivatives Trimipramine and its salts LAWS OF GUYANA Food and Drugs 27Cap. 34:03 L.R.O. 3/1998 PART II Adrenocortical hormones and their salts and derivatives Al lopurinol Aminopterin and its salts 4—aminopteroylaspartic acid and its salts 4—aminopteroy—N—methylglutamic acid and its salts Aminopyrine and its derivatives and their salts Anticoagulants Antihypertensive drugs Anticonvulsants Bretylium Tosylate Busulfan Captodiame Chlorambucil and its salts and derivatives Chlorcyclizine (except in preparations for external use only) Chlorprothixene and its salts Cinchophen and its salts Clofibrate Clomiphene and its salts Cyclizine and its salts Cyclophosphamide 2, 4—dinitrophenol and its salts Diphenylmethane derivatives, the following and their salts: Azacyclonol Benactyzine Captodiamine Hydroxyzine Piperliate Diuretics, excluding caffeine and its salts Emylcamate Ergot alkaloids and their salts and derivatives Ethionamide and its salts 5—Fluorouracil and its salts LAWS OF GUYANA Food and DrugsCap. 34:0328 Haloperidol Hydralazine and its salts Indomethacin Isoniazid Liothyronine Mebanazine and its salts Mephenoxalone and its salts Meprobamate 6—mercaptopurine Mustine (or Meclorethamine) and its salts Neocinchophen and its salts Oral hypoglycaemic drugs for the control of diabetics Pargyline and its salts Phenothiazine derivatives, the following and their salts: Acepromazine Chlorpromazine Fluphenazine Levomepromazine (or Mepromazine or Methotrimeprazine) Perphenazme Pecazine (or Mepazine) Prochlorperazine Promazine Thiethylperazine Thiopropazate Thioproperazine Thioridazine Trifluoperazine Triflupromazine Trimeprazine Phenylbutazone and its salts Prothipendyl hydrochloride Pyrazinamide LAWS OF GUYANA Food and Drugs 29Cap. 34:03 L.R.O. 3/1998 Rauwolfia, and the following Rauwolfia alkaloids and their salts and derivatives: Deserpidine Raubasine Rescinnamine Reserpine Sex hormones, natural and synthetic, or their derivatives (except for cosmetic preparations for external use) Sulfinpyrazone and its salts Tetrabenazine Thiotepa Thiouracil and its derivatives Thyroid Thyroxin and its salts Tranylcypromine Tretamine 1—triiodothyronine Trimethadione Vinblastine and its salts Vincristine and its salts