S.L. 101.5 Art. 11Keeping of records.

(1) All transactions leading to the placing on the market of scheduled substances in Categories 1 and 2 of Table I of the Third Schedule to the Ordinance shall be properly documented in written or electronic records.

(2) (a) All records must be open for inspection by the Superintendent or of any officer acting on his behalf and, in particular, commercial documents such as invoices, cargo manifests, administrative documents, customs documents, transport and other shipping documents shall contain sufficient information positively to identify:

(i) the name of the scheduled substance as given in Categories 1 and 2 of Table I of the Third Schedule to the Ordinance,

(ii) the quantity and weight of the scheduled substance and, where it consists of a mixture, the quantity and weight of the mixture as well as the quantity and weight or the percentage of any substance or substances specified in Categories 1 and 2 of Table I of the Third Schedule to the Ordinance which are contained in the mixture, and

(iii) the name and address of the supplier, distributor and of the consignee.

(b) Such documentation must furthermore contain a declaration from the customer which shows the specific uses of the substances. A separate declaration, as specified in Annex III, shall be required for each substance in Categories 1 or 2 of Table I of the Third Schedule to the Ordinance.

(c) Without prejudice to the foregoing paragraphs, a regular customer obtaining from a supplier a scheduled substance specified in Category 2 of Table I of the Third Schedule to the Ordinance may provide a single declaration, as specified in Annex IV, covering all transactions involving that substance over a period of one year, provided that:

(i) the customer is one to whom he has supplied the substance on at least three occasions in the preceding twelve months,

(ii) the supplier has no reason to suppose that the substance will be used for illicit purposes, and

(iii) the quantities ordered are consistent with usual consumption for that customer.

(3) The obligations under sub-rule (1) shall not, however, apply to transactions concerning scheduled substances in Category 2 of Table I of the Third Schedule to the Ordinance where the quantities involved do not exceed those indicated in Annex VII.

(4) Operators shall ensure that labels are affixed to scheduled substances in Categories 1 and 2 of Table I of the Third Schedule to the Ordinance before they are placed on the market. Such labels must show the names of the substances as given in Table I of the Third Schedule to the Ordinance. Operators may in addition affix their customary labels.

(5) Operators shall keep such detailed records of their activities as are required to comply with their obligations under sub-rule (1).

(6) The documentation referred to in sub-rules (1) and (5) shall be kept for a period of not less than three years from the end of the calendar year in which the operation referred to in sub-rule (1) took place, and must be readily available for inspection by the Superintendent upon request.