No person shall produce, import, manufacture, compound, deal in, dispense, sell, distribute, or give away in the Canal Zone opium, opiates, or coca leaves, their salts, derivatives, or preparations, unless he shall have complied with the provisions of law cited in § 65.1, and all relevant orders and regulations issued thereunder. § 65.5 Registration and payment of tax. Every person who by the terms of the Act of December 17, 1914, as amended, would be required, if located outside of the Canal Zone, to register with the director of internal revenue of his district, his name or style, place of business and place or places where such business is to be carried on, shall register that information with the Governor of the Canal Zone or his delegate on forms to be prescribed by the Governor. At the time of such registry, and on or before the first day of July annually thereafter, every person who produces, imports, manufactures, compounds, deals in, dispenses, sells, distributes, or gives away any of the aforesaid narcotic drugs shall pay to the Governor of the Canal Zone, or to his delegate, a special tax at the rate or rates specified in section 4721 of the Internal Revenue Code of 1954, as amended; provided, however, that any person who would not be required, if located outside the Canal Zone, to register or pay a special tax shall not be required to register or pay the special tax as provided in this subpart. § 65.6 Issuance of order forms. The Governor or his designee shall cause suitable order forms to be prepared for sale to persons who shall have registered and paid the special tax as required by section 4721 of the Internal Revenue Code of 1954, as amended, and by this subpart. The price to be paid for such order forms shall be $1 per hundred. The Governor or his designee shall be subject to the same limitation on sales of order forms as directors of internal revenue in districts outside of the Canal Zone. § 65.7 Penalties. Whoever violates or fails to comply with any of the applicable provisions of the acts cited in § 65.1, as amended, or of any applicable order thereunder in the Canal Zone shall be subject to the penalties provided for in the Act of December 17, 1914, as amended. Subpart B-Supplementary Regulations Prescribed by Governor; Administration of Laws and Regulations Relating to Narcotic Drugs AUTHORITY: The provisions of this Subpart B issued under 35 CFR 65.2, 65.3. § 65.51 Definitions. As used in this subpart: "Narcotic", "narcotics", or "narcotic drugs" means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (a) Opium, isonipecaine, coca leaves and opiate; (b) Any compound, manufacture, salt, derivative, or preparation of opium, isonipecaine, coca leaves, or opiate; (c) Any substance (and any compound, manufacture, salt, derivate, or preparation thereof) which is chemically identical with any of the substances referred to in subparagraphs (1) and (2) of this paragraph "narcotic drugs" does not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine; "Opiate" means any drug (as defined in the Federal Food, Drug, and Cosmetic A person who produces, imports, manufactures, compounds, deals in, dispenses, sells, distributes or gives away narcotics in the Canal Zone, shall register with the Comptroller his name or style and place of business. Applications for registration shall be made on forms to be provided by the Comptroller. At the time of the registry, and on or before the first day of July annually thereafter, a person who is required to register shall pay to the Comptroller a special tax at the rate or rates specified by 26 U.S.C. 4721. § 65.62 Investigation of applicants. The Comptroller shall make such investigation as is necessary to determine that each applicant is properly licensed or otherwise lawfully entitled to engage in the activity for which he seeks registration. § 65.63 Registry numbers. Upon approval of the application the Comptroller shall assign a registry number to the applicant. The same number shall be retained throughout all the consecutive periods for which the applicant may be registered. tain more than 2 grains of opium, or more than one-fourth of a grain of morphine, or more than one-eighth of a grain of heroin, or more than 1 grain of codeine, or any salt or derivative of any of them in 1 fluid ounce, or, if a solid or semisolid preparation, in 1 avoirdupois ounce; or of liniments, ointments, or other preparations which are prepared for external use only, except liniments, ointments, and other preparations which contain cocaine or any of its salts or alpha or beta encaine or any of their salts or any synthetic substitute for them, provided that such remedies and preparations are manufactured, sold, distributed, given away, dispensed, or possessed as medicines and not for the purpose of evading the intentions and provisions of this subpart. § 65.72 Issuance of order forms. The Comptroller shall cause suitable order forms to be prepared for sale to registered persons and for distribution free of charge to officials who are exempt under § 65.102. The price to be paid for such order forms by registered persons shall be $1 per hundred. The Comptroller shall prescribe detailed procedural instructions relating to: (a) Procurement of order forms by registered persons; (b) Execution of order forms; (d) Filing of order forms. § 65.73 Lost and stolen order forms. (a) If a purchaser ascertains that an original unfilled order has been lost, he shall execute another in triplicate and an affidavit stating that the goods covered by the first order were not received through loss of the order, and shall note on the second order the number and date of the lost order and the fact that it was lost. The duplicate of the second order and the affidavit shall be filed with the duplicate of the order first executed. (b) Whenever any used or unused forms are stolen from, or lost (otherwise than in the course of transmission) by a registered person or by a certified exempt United States official, he shall immediately upon discovery of such theft or loss, report the same to the Comptroller, stating the serial number of each form stolen or lost. If an entire set of order forms is lost or stolen and the registrant or certified exempt official is unable to state the serial numbers, he shall report the date or approximate date of ber, and address of the patient and the drug thereby prescribed shall be only for the use of the person whose name appears on the prescription. In addition they shall bear the name, address, and registry number of the practitioner (or exemption identification number of an exempt official) whose signature card must be on file in the Health Bureau pharmacies. (c) Narcotics will be prescribed only on printed prescription blanks except in hospitals where orders for narcotics will be written on doctors' order sheets. (d) Only one drug or preparation may be prescribed on each prescription blank. (e) Prescriptions must include directions for taking the medication, i.e., quantity and frequency. Automatic stop orders will apply in cases where the directions are not clearly stated. (f) A prescription may be prepared by a secretary or agent for the signature of a practitioner, but the practitioner is responsible in case the prescription does not conform in all essential respects to the law and regulations. A corresponding responsibility rests on the pharmacist who fills the prescription. A pharmacist may fill an oral prescription communicated to him by a duly registered practitioner for such narcotic drugs or compounds of a narcotic drug which the United States Commissioner of Narcotics has found, and by regulations designated, to possess relatively little or no addiction liability. In issuing an oral prescription, the prescriber shall furnish the pharmacist with the same information as is required in the case of a written prescription except for the written signature of the prescriber. The oral prescription, including the information required to be furnished by the prescriber, shall promptly be reduced to As a general rule, the partial filling of narcotic prescriptions is not permissible. If, however a pharmacist is unable to supply the full quantity called for in a prescription and an emergency exists, he may supply a portion of the drugs called for by the prescription, provided he makes a suitable notation on the face of the prescription (or on the written record of an oral prescription) of the quantity furnished, and makes a notation of the reason for not supplying the full quantity on the back of the prescription, and advises the issuing practitioner thereof. A further quantity may not be supplied except upon a new prescription. § 65.90 Labels on containers. The pharmacist filling a prescription shall affix to the container a label showing his name and registry or exemption identification number, the serial number of the prescription, the name and address of the patient, and the name, address and registry number of the practitioner issuing the prescription. The label must also contain the prescriber's directions for taking the medication, i.e., quantity and frequency. § 65.91 Pharmacy records. Pharmacists who fill prescriptions shall keep the written prescriptions, and the written records of oral prescriptions, in a file in such manner as to be readily accessible to inspection by investigating officers for not less than 2 years. EXEMPT OFFICIALS § 65.101 Military and naval officers. Officers, members, and employees of the Army, Navy, or Air Force in the Canal Zone (other than those assigned to the Health Bureau of the Canal Zone Government) who, in the exercise of their official duties, acquire, dispense, or handle narcotic drugs or preparations, shall not be governed by this subpart but shall be governed by regulations and directives as issued by the Department of the Army, Department of the Navy, and Department of the Air Force. § 65.102 Civil officers and nurses. (a) Civilian officers and employees (including military officers assigned to the Health Bureau of the Canal Zone Government) of departments, agencies or instrumentalities of the United States in the Canal Zone (other than those covered by § 65.101) who, in the exercise of their official duties, acquire, dispense, or handle narcotic drugs or preparations, shall not be required to register or pay the special tax, but they shall file with the Comptroller a certificate from a superior official showing the official status and official address of the person claiming exemption and (1) whether he is to purchase the narcotics or obtain them from official stocks and (2) whether or not the officer or employee is to administer or dispense narcotics. Each such certificate shall be renewed on or before July 1 of each year, except that, in the case of any officer or employee of the Panama Canal Company and Canal Zone Government, the certificate shall remain in effect until his termination of service from the Company-Government, unless otherwise specifically cancelled. An exemption identification number shall be assigned by the Comptroller to each exempt person filing a certificate, and the same number shall be retained throughout all the consecutive periods for which the person is entitled to exemption. This identification number shall appear on each order for procurement of narcotic drugs by an exempt person, and on each prescription for narcotic drugs issued by exempt persons in the course of performance of their official duties. (b) Nurses are regarded as agents of the practitioners or institutions under whose direction or supervision their duties are performed, and they are not permitted to register, nor are they required to file an exemption certificate with the Comptroller. They are not permitted to be in possession of narcotic drugs or preparations except as such agents, or as patients and any narcotic drugs found in the possession of a nurse who is not a patient or at the time under the supervision of a practioner shall be forfeited to the Government. MISCELLANEOUS PROVISIONS § 65.111 Safeguarding of narcotics. Narcotic drugs and preparations shall at all times be properly safeguarded and securely kept where they will be available for inspection by properly authorized officers, agents, and employees of the Canal Zone Government and the Panama Canal Company. § 65.112 Procedure in case of loss. Where narcotics are lost by theft, through breakage of the container or other accident, or otherwise lost or destroyed, the person having responsibility thereof shall make a signed statement as to the kinds and quantities of narcotics lost or destroyed and the circumstances involved, and immediately forward the statement to the Health Director through appropriate channels. § 65.113 Inspections and audits. The Comptroller shall make inspections and audits of records and take such other action as may be necessary to discover any violation of these regulations. Any violation shall be promptly reported to the Canal Zone police and the United States attorney for the Canal Zone. PART 67-CANAL ZONE POSTAL SERVICE 1 67.73 FIRST CLASS 1 For laws governing the Canal Zone postal service generally, see 2 C.Z. Code §§ 11311143, 76A Stat. 38-40. For application of laws of United States defining postal crimes, see 6 C.Z. Code § 2001, 76A Stat. 481. Section 1131 of title 2 of the Canal Zone Code provides that the postal service of the Canal Zone shall be governed, except as otherwise provided by that Code, by the laws, rules, regulations, and conventions of the Postal Service of the United States which by their terms apply in the Canal Zone and by such additional laws, rules and regulations as the Governor determines to be applicable to conditions existing in the Canal Zone. Also, it authorizes the Governor to prescribe regulations necessary for the maintenance and operation of the Canal Zone postal service. |