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Section 21 The licensing authority may issue a license to produce, dispose of, import or export narcotics of category III when it appears that the applicant;

(1)has obtained a license to produce or sell modern drugs or to import or order modern drugs into the Kingdom under the law on drugs; and
(2)has a pharmacist on regular duty at all time during the hours of operation.
The licensee to produce or import narcotics of category III shall dispose of the said narcotics without being obliged to obtain a license to dispose of narcotics.

Section 22 Each time a licensee under section 20 imports or exports narcotics of category III, the licensee shall obtain an export or import license from the licensing authority.

The application for and the issuance of a license shall be in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation.

Section 23 The license issued under section 17 and section 20 shall be valid until 31st December of the year the license was issued. If the licensee wishes to apply for a renewal of his license, he shall file an application before the expiration thereof. Having filed the application, he may carry on his business until such time when the licensing authority makes an order refusing the application.

If the licensee does not apply for a renewal of a license or the licensing authority makes an order refusing the application under paragraph one, all narcotics which the licensee or the applicant for a renewal of license has in his possession shall become the property of the Ministry of Public Health, and the Ministry of Public Health shall pay the compensation as it thinks fit.

The application for a renewal of license and the permission thereof shall be in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation.

Section 24 The license issued under section 20 and section 22 shall extend to employees or agents of the licensee.
It shall be presumed that an act of the employee or agent of the licensee done in accordance with the duties so entrusted is also the act of the licensee.

Section 25 The licensee under this Act shall be exempted from compliance with the law on drugs and the law on psychotropic substances.

Section 26 No person shall produce, dispose of, import, export or possess narcotics of category IV or category V unless the Minister has issued the license with the approval of the Board for each case.
The possession of narcotics of category IV or category V in quantity of ten kilograms upwards shall be regarded as possessing for disposal.

The application for a license shall be in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation. (26)Section 26/1 The quantity of narcotics which is permitted by this chapter shall be in accordance with Section 8(5).

CHAPTER 3
Duties of Licensees

Section 27 No licensee under section 17 shall dispose of narcotics of category II outside the place specified in the license.

Section 28 The licensee under section 17 shall:

(1)keep narcotics of category II in separate storage at a secure and safe place under lock or protected by other devices of the same nature;

(2)promptly notify the licensing authority in writing in the case where narcotics of category II are stolen or lost or destroyed.

Section 29 The licensee to produce narcotics of category III shall:

(1)provide a signboard in conspicuous place at his place of production showing that it is a place for producing narcotics. The description and size of and the statement on the signboard shall be prescribed in the Ministerial Regulation;

(2)provide an analysis of the narcotics of category III produced each time before bringing them out of the place of production and such analysis shall be evidenced by a report showing the detailed analysis which must be kept for not less than three years from the date of making such analysis;

(3)provide a label and leaflet for the narcotics of category III or a statement of warning or caution for the use of narcotics attached to the container or package containing narcotics of category III so produced, in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation;

(4)keep narcotics of category II to be used for producing narcotics of category III in separate storage at a secure and safe place under lock or protected by other devices of the same nature;

(5)promptly notify the licensing authority in writing in the case where the narcotics of category II under (4) are stolen or lost or destroyed.

Section 30 The licensee to import or export narcotics of category III shall:

(1)provide a signboard in a conspicuous place at his place of business of the licensee showing that it is a place for importing or exporting the narcotics of category III. The description and size of and the statement on the signboard shall be prescribed in the Ministerial Regulation;

(2)provide a certificate to be issued by the original producer showing the detailed result of analysis of the quality of the narcotics of category III so imported or exported;

(3)provide a label on the container or package containing the narcotics of category III;

(4)provide a label and leaflet for the narcotics of category III or a statement of warning or caution for the use of narcotics on the container or package containing the narcotics of category III so imported or exported, in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation.

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(26) Added by section 11 of the Narcotics Act (No.5) B.E.2545 (2002)

 

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