Act · 2015 Revised Edition
Poisons Act
Import, making, storage, transport and sale of poisonsIn plain English
Not legal adviceThe Poisons Act regulates the import, possession, making, mixing, storage, transport and sale of poisons.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Official textFrom Attorney General's Chambers, unchanged
s 1Citation
This Act may be cited as the Poisons Act.
s 2Interpretation
In this Act, unless the context otherwise requires —
“dentist” means a dentist licensed under the Medical Practitioners and Dentists Act (Chapter 112) and includes a Government dentist;
“export”, in relation to Brunei Darussalam, means to take or cause to be taken out of Brunei Darussalam by land, air or water, otherwise than in transit;
“import”, in relation to Brunei Darussalam, means to bring or to cause to be brought into Brunei Darussalam by land, air or water, otherwise than in transit;
“in transit” means taken or sent from any country and brought into
Brunei Darussalam by land, air or water (whether or not landed or transhipped in Brunei Darussalam) for the sole purpose of being carried to another country either by the same or another conveyance;
“licensed pharmacist” means a pharmacist licensed under this Act;
“licensed practitioner” means a Government Medical Officer or a registered medical practitioner licensed under this Act;
“Licensing Officer” means a person empowered by section 4 to issue licences for the purposes of this Act;
“officer of the Bureau” means the Director, Deputy Director and any other officer of the Narcotics Control Bureau;
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“pharmacist” means any person who holds any degree, diploma or licence approved by the Medical Board constituted under section 13(1) of the Medical Practitioners and Dentists Act
(Chapter 112);
“Poisons List” means the Poisons List in the Schedule;
“registered medical practitioner” means a medical practitioner registered under the Medical Practitioners and Dentists Act
(Chapter 112);
“sale by way of wholesale dealing” means sale to a person who buys for the purpose of selling again;
“veterinary surgeon” means a person who holds the diploma of membership of the Royal College of Veterinary Surgeons of
England, or the diploma of a British or foreign veterinary institution or examining body approved by the Medical Board constituted under section 13(1) of the Medical Practitioners and
Dentists Act (Chapter 112).
The substances specified in the Poisons List shall be deemed to be poisons within the meaning of this Act.
His Majesty the Sultan and Yang Di-Pertuan in Council may, by notification published in the Gazette, add to, remove from or reinstate in, the
Poisons List any substance.
s 4Licensing Officers
His Majesty the Sultan and Yang Di-Pertuan may appoint any person to be a Licensing Officer, and any person so appointed by him by name or office, may issue licences for the purposes of this Act.
s 5General prohibition with respect to importation and sale of poisons
No person shall without a licence from a Licensing Officer import, possess for sale, sell or offer for sale, any poison.
It shall not be lawful for —
any person to sell any poison unless —
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he is licensed under this Act to sell poisons;
the sale is effected in accordance with the provisions of the licence and with any conditions specified therein;
the sale is effected on the premises specified in the licence;
the sale is effected by or under the personal supervision of the person named in the licence; and
where the poison is one included in Part I of the
Poisons List, the sale is effected by or under the personal supervision of a licensed pharmacist or licensed practitioner; or
any person to sell any poison by wholesale except to a person licensed under this Act to sell that poison.
It shall not be lawful for a person to sell any poison unless the container of the poison is labelled —
with the name of the poison;
in the case of a preparation which contains a poison as one of the ingredients thereof, with particulars as to the proportion which the poison contained in the preparation bears to the total ingredients;
with the word “Poison” or other prescribed indication of the character thereof; and
with the name of the seller of the poison and the address of the premises on which it was sold.
Subject to any rules made under this Act, dispensing with or relaxing any of the requirements of this subsection —
it shall not be lawful to sell any poison to any person unless that person is known by the seller or by some person in the employment of the seller at the premises where the sale is effected, or is introduced by some person known to the seller as a person to whom the poison may properly be sold; and
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the seller of any poison shall not deliver it until —
he has made or caused to be made an entry in a book to be kept for that purpose stating the date of the sale, the name and address of the purchaser and of the person, if any, introducing him, the name and quantity of the substance sold and the purpose for which it is stated by the purchaser to be required; and
the purchaser and the person introducing him, if any, have affixed their signatures to the entry aforesaid.
Nothing in section 6 shall apply to —
a medicine which is supplied by a registered medical practitioner for the purposes of medical treatment of his own patients;
a medicine which is supplied by a dentist for the purposes of dental treatment of his own patients;
a medicine which is supplied by a veterinary surgeon for the purposes of animal treatment;
a medicine which is dispensed by a licensed pharmacist on the premises specified in his licence; or
a poison forming part of the ingredients of a medicine, except a patent or proprietary medicine, which is supplied by a licensed pharmacist on the premises specified in his licence, if the requirements contained in subsections (2) and (3) are satisfied in relation thereto.
The medicine must be distinctly labelled with the name and address of the firm or person by whom it is supplied or dispensed and with a serial number or other reference to the entry in the book required to be kept and used regularly under the provisions of subsection (3).
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On the day on which the medicine is supplied or dispensed, there must be entered in a book which is kept and used regularly for the purpose of this provision but which need not be used exclusively for that purpose the following particulars —
the date on which the medicine was supplied or dispensed;
the ingredients of the medicine or, if the medicine is a proprietary medicine, the name of the medicine, and the quantity thereof supplied;
if the medicine was dispensed by a licensed pharmacist, the name or initials and, if it is known, the address of the person by whom the prescription was signed, and the name and address of the person to whom, and the date on which the prescription was given;
and
if the medicine was not so dispensed, the name and address of the person to whom it was supplied:
Provided that the provisions of this subsection shall, in the case of a medicine supplied on a prescription on which such medicine had been supplied by the seller on a previous occasion, be deemed to be complied with if the date on which the medicine is supplied and the quantity thereof supplied are entered in the book or in a book kept for the purpose of this proviso on that day or, if that is not reasonably practicable, on the day next following that day, together with a sufficient reference to any entry in the book duly recording the dispensing of the medicine by the seller on the first occasion.
In the case of a medicine which is supplied or dispensed by a licensed pharmacist or licensed practitioner the medicine must have been compounded by or under the direct and personal supervision of a licensed pharmacist or licensed practitioner.
s 8Exemptions in respect of sale
Except as provided in any rules made under this Act, nothing in the provisions of section 6(1)(a)(v), (2) and (3), shall extend to or affect —
the sale of poisons by way of wholesale dealing;
the sale of poisons to be exported from Brunei Darussalam;
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the sale of poisons to be used by a registered medical practitioner, dentist or veterinary surgeon for the purposes of his profession;
the sale of poisons for use in or in connection with any hospital, dispensary or similar institution approved by an order, whether general or special, of the Director-General of Medical
Services;
the sale of poisons for use by or on behalf of a Government department requiring the article for the purposes of the public service;
the sale of poisons to a person or institution concerned with scientific education or research, if the article is required for the purpose of that education or research; or
the sale of poisons by persons licensed under this Act, either by way of wholesale dealing or for use by the purchasers thereof in their trade or business, to a person who requires the poison —
for the purpose of his trade or business; or
for the purpose of enabling him to comply with any requirements made by or in pursuance of any written law with respect to the medical treatment of persons employed by that person in any trade or business carried on by him.
No person, whether licensed under this Act or not, shall knowingly keep or have in his possession or under his control any poison otherwise than —
in an unbroken case or package as received from the manufacturer; or
in a bottle, vessel, box, package or other receptacle distinctly labelled with the name of the substance contained therein and also bearing some distinction or mark indicating that it contains poison.
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In any proceeding under this section, if any person is proved to have kept or had in his possession or under his control any poison, he shall be deemed to have done so knowingly unless the contrary is proved by him.
No person shall keep any poison for sale or for dispensing purposes except —
as provided in subsection (1)(a);
in a bottle or other vessel tied over, capped, locked or otherwise safely secured in a manner different from that in which bottles or vessels containing non-poisonous substances are secured in the same warehouse, shop or dispensary;
in a bottle or other vessel readily distinguishable by touch from the bottles or vessels in which non-poisonous substances are kept in the same warehouse, shop or dispensary; or
in a bottle, vessel, box or package kept in a room or cupboard under lock and key set apart for the keeping or storage of dangerous substances.
A Licensing Officer may issue to any person, subject to such special conditions and limitations as the Licensing Officer may think fit, any of the licences referred to in section 11:
Provided that no licences shall be issued to a medical practitioner other than licences to import, possess, and sell poisons by retail in his own personal practice or business, or in a practice or business partnership of which every member is a medical practitioner.
A Licensing Officer, if it appears expedient to him to do so, may cancel any licence issued under subsection (1).
Every licence shall, unless previously cancelled, remain in force until the 31st December in the year in respect of which the licence is issued.
Such fees as may be prescribed shall be charged on the issue of each licence.
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Any person to whom a Licensing Officer refuses to issue a licence or whose licence is cancelled under subsection (2) may appeal to His
Majesty the Sultan and Yang Di-Pertuan in Council whose decision shall be final and conclusive.
Licences may be —
licences to import and store poisons;
wholesale and retail licences to deal generally in poisons;
wholesale licences to keep and sell by wholesale the poisons specified in such licences; or
retail licences to keep and sell the poisons specified in such licences.
There shall be implied in every licence issued under this Act, the condition that the licensee is bound to comply —
with all the terms and conditions set out in the licence;
with all the provisions of this Act; and
with all the provisions of any rule that may from time to time be made under this Act.
For the purposes of this section, “to keep” shall include the custody of poisons by a licensee in the course of his employment.
Every licence issued under this Act shall be personal to the licensee named therein and shall not in any case be transferable to another person and no licence shall authorise the sale of any poison by any person other than the person named therein:
Provided that it shall be lawful for a Licensing Officer, if he sees fit, to amend the description on a licence of the premises at which the person licensed carries on the business or profession in connection with which he is licensed.
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All licences issued in Brunei Darussalam shall be numbered consecutively in the year in respect of which they are issued, commencing each year with the number one.
Each Licensing Officer shall keep a register of licenses issued by him showing all the particulars of each licence granted by him and the entries in the register shall be numbered to correspond with the serial numbers of the licences and there shall be noted in the register, in the event of the cancellation of any licence, the date of such cancellation.
Any extract from or copy of an entry in a register kept under this section shall, until the contrary is proved, be evidence of the facts stated therein if such extract or copy is certified under the hand of a Licensing
Officer to be a true extract or copy.
The Director-General of Medical Services shall in or about the month of February in each year cause to be printed and published in the
Gazette lists of all persons licensed under this Act with the nature of the licence or licences granted to each such person, and specifying the profession or business and the premises in respect of which such licences have been granted. Lists of all such licences issued after the publication of the annual list shall from time to time be published in the Gazette.
In such lists the names shall be in alphabetical order, according to the surname or seh when such name or its equivalent is used by the licensed person, and otherwise according to the personal name of the licensed person followed by his father’s name.
Every list so published as aforesaid shall be evidence that the persons therein named are licensed under this Act as therein stated and the absence of any name from such list shall be evidence until the contrary has been proved that such person is not licensed under this Act.
s 14Forms of licence
Licences issued under this Act shall be substantially in the forms prescribed with such variations as circumstances may require.
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A Licensing Officer or any officer of the Medical Department authorised in writing by a Licensing Officer or any police officer not below the rank of Inspector, or any officer of the Bureau not below the rank of
Chief Narcotics Officer or any officer of the Bureau authorised by such an officer, may enter at all reasonable times upon any premises in which poisons are reasonably believed by such officer to be kept or stored and by himself or by some other person accompanying him and acting under his instructions and in his presence may search such premises and take samples of any substance found therein and reasonably believed to be or to contain a poison.
Any officer referred to in subsection (1) may in like manner inspect and take extracts from any book or record relating or reasonably believed to relate to any dealing in or with poisons wherever and by whomsoever kept and whether kept under the provisions of this Act or of any rules made thereunder or otherwise and for the purpose of such inspections or taking of extracts may enter at all reasonable times upon any place whatsoever.
In any case in which it shall appear to any Magistrate upon the oath of any person that there is reasonable cause to believe that in any premises there is concealed or deposited any substance in respect of which an offence has been committed against this Act, the Magistrate may, by warrant addressed to any police officer not below the rank of Inspector or to any senior officer of customs, or to any officer of the Bureau not below the rank of Chief Narcotics Officer or to any officer of the Bureau authorised by such an officer, empower such officer to —
enter upon and search by day or night any premises within the jurisdiction of the Magistrate and to take possession of any such substance; and
arrest any person being in the premises in whose possession the substance may be found or who is reasonably suspected by the officer to have concealed or deposited the substance therein, and any officer to whom such warrant may be directed may in case of obstruction or resistance —
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break open any outer or inner door of such premises and any cupboard, chest, trunk or package or other receptacle; and
by force, if necessary, enter upon any part of the premises and remove any obstruction to the entry, search or seizure and detain any person found in the premises until the search has been completed.
Without prejudice to any other provision of this Act, an officer of the Bureau shall, in any case relating to the commission of an offence against this Act, have all the powers of a police officer under the Criminal
Procedure Code (Chapter 7) in relation to an investigation into any seizable offence.
In this section “senior officer of customs” has the same meaning as in the Customs Order, 2006 (S 39/2006).
s 16Powers of exemption
His Majesty the Sultan and Yang Di-Pertuan in Council may by order published in the Gazette exempt from the operation of this Act or of any specific provision thereof or rule made thereunder —
any specified persons or class of persons; or
any chemical commonly used in connection with a trade, manufacture or industry, but every such exemption shall be subject to such instructions and conditions as His Majesty the Sultan and Yang Di-Pertuan in Council may think fit to impose either generally or in any particular case.
Penalties.
Any person who acts in contravention of any of the provisions of this Act or of any rule or order made thereunder, shall except in so far as his act comes within one of the exemptions made under sections 7 and 8, is guilty of an offence and liable on conviction to a fine of $8,000 or, in default of payment, imprisonment for 6 months:
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Provided that if the act or omission charged amounts, in the opinion of the court before which he is tried, to such a degree of negligence as to endanger or be likely to endanger, human life, then such person is guilty of an offence and liable on conviction to a fine of $16,000 and imprisonment for 12 months.
Any person who would have been guilty of an offence against the provisions of this Act or of any rule or order made thereunder if anything had been done or omitted by him personally is guilty of such offence and liable to the same penalty if such thing had been done or omitted by his partner, agent or servant, unless he proves to the satisfaction of the court that he took all reasonable precautions to prevent the doing or omission of such thing; but so that nothing in this subsection shall affect the liability of such partner, agent or servant, and provided that the liability of such person shall not extend to imprisonment unless he is privy to the offence.
Where any person convicted of an offence against the provisions of this Act or of any rule or order made thereunder is a body corporate, every person who, at the time of commission of the offence, was a director, manager, secretary or other officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of the offence.
Any poison in respect of which an offence has been committed by any unlicensed person in contravention of any provision of this Act or of any rule or order made thereunder shall, upon that person being convicted of the offence, be forfeited and shall be handed over to the Director-General of Medical Services for disposal.
Every penalty or forfeiture imposed under this Act shall be in addition to and not in substitution for any other penalty to which the accused may be liable under any other law and no conviction under this Act shall be pleaded in any civil proceedings in mitigation of damages claimed against the person convicted.
s 18Jurisdiction
The Court of a Magistrate shall have jurisdiction to hear jurisdiction and determine all prosecutions under this Act and, notwithstanding anything to the contrary contained in the Criminal Procedure Code (Chapter 7), the
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Court shall have power to impose the full penalty or punishment provided by this Act.
No prosecution for any offence under this Act or any rule made thereunder shall be instituted except with the sanction of the Public
Prosecutor or a Deputy Public Prosecutor.
In any prosecution under this Act, the burden of proving that any poison found in the possession of the accused was not kept for sale shall be upon the accused.
Prohibition of sale to persons under 18.
No poison shall be sold to any person under 18 years of age.
Any person contravening the provisions of this section is guilty of an offence and liable on conviction to a fine of $4,000 or imprisonment for 6 months.
It shall be a sufficient defence to any charge under subsection (1) that the person charged had reasonable cause to believe that the person to whom such sale was made was above the age of 18 years.
Rules.
s 21
His Majesty the Sultan and Yang Di-Pertuan in Council may make rules to carry out the purposes of this Act and, in particular, but without prejudice to the generality of the foregoing powers, may make rules with respect to any of the following matters or for any of the following purposes —
the importation, use and control of poisons, and any precautionary measures relating thereto;
the manufacture of preparations containing poisons;
the sale, whether by wholesale or retail, or the supply of poisons, by or to any person or class of persons, including —
regulating or restricting the sale or supply of poisons by persons licensed under section 11(1)(c) or (d) and
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prohibiting the sale of any specified poison or class of poisons by any class of such persons;
prohibiting the sale by retail of poisons included in
Part I of the Poisons List except on a prescription duly signed by a licensed practitioner, licensed dentist or licensed veterinary surgeon, and prescribing the form and regulating the use of prescriptions given for the purpose of rules made under this paragraph; and
dispensing with or relaxing with respect to any specified poison any of the provisions contained in this Act or in any rule made thereunder relating to the sale of poisons;
the storage, transport and labelling of poisons;
the containers in which poisons may be sold or supplied;
the addition to poisons of specified ingredients for the purpose of rendering them readily distinguishable as poisons;
the compounding and dispensing of poisons;
the period for which any books required to be kept for the purposes of this Act are to be preserved;
requiring persons in control of the manufacture of pharmaceutical preparations containing poisons to be licensed pharmacists or persons possessing prescribed qualification in chemistry;
prescribing the coverings, stoppers and fastenings of and the marks to be placed or made on or on the coverings of or on the labels affixed to any vessel, bottle, case, package, box or other receptacle or container whatsoever in which any poison is kept, stored, sold or in any way dealt with;
prescribing the form of licences, registers and returns; and
fixing fees and exempting any person or body of persons from the payment of such fees.
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