New Peruvian Legislation on Cocaine Manufacture
Pages: 47 to 49
Creation Date: 1953/01/01
Republic of Peru, Ministry of Public Health and Social Welfare Directorate-General of Public Health
Whereas, by Legislative Decree No. 11444 the State has been made responsible for the industrialization of coca under the technical supervision of the Ministry of Public Health and Social Welfare,
And whereas article 1 of that decree provides that regulations shall be made for the manufacture of and trade in crude cocaine, pure cocaine, its salts and derivatives, to ensure the necessary technical control and better administrative supervision in accordance with the international conventions on "drugs",
The President of the Republic
Hereby decrees as follows:
Article 1. The manufacture of crude cocaine, pure cocaine and its salts and derivatives shall be the responsibility of the Fiscal Laboratories for the Industrialization of Coca and be supervised by a Board of Administration and Control over which the Director-General of Public Health shall preside and which shall be composed of the Director-General of the National Health and Social Welfare Fund, the Administrator-General of the Coca Monopoly, the head of the Division of Pharmacy, the head of the Department of Narcotics, the head of the Department of Mental Hygiene, the Director of Investigation and a representative of the Ministry of Finance.
Article 2. It shall be the duty of the Board of Administration and Control:
To give initial approval to the draft annual budget, which shall be submitted to the Supreme Government through the Ministry of Finance and Commerce;
To ensure the execution thereof;
To approve the annual balance-sheet;
To countersign the detailed annual inventory of the assets of the Administration under its charge;
To scrutinize and approve before transmission to the Ministry of Finance and Commerce any expenditure relating to installations or to additions to the laboratories or their administrative budget;
To authorize all supply, procurement and sales contracts;
To supervise all bids and sales at auction;
To ensure that the provisions of national and international narcotics control law relating to the manufacture of and trade in cocaine and its derivatives are strictly observed;
To recommend to the Ministry of Public Health appointments to the technical and administrative staff of the organization;
To check revenue and expenditure arising out of the industrialization;
To submit an annual report on the Board's work.
Article 3. Cocaine hydrochloride may be manufactured only from crude cocaine paste prepared from coca leaf at the Fiscal Laboratories.
Cocaine hydrochloride from any source other than the Fiscal Laboratories shall be deemed to be contraband.
Article 4. Crude cocaine, pure cocaine and its salts shall be manufactured in mutually-independent establishments not connected with any other activity and directed by separate technical officers.
The Narcotics Contraband Department of the Directorate-General of Investigation shall permanently supervise production, ascertain the quantities prepared, and inspect stocks of alkaloids.
Article 5. The laboratory producing pure cocaine and its salts may not use crude cocaine, and the laboratory producing crude cocaine may not use coca leaves, in their respective preparations without the express leave of the Directorate-General of Public Health.
Article 6. The tax collection offices of the production centres shall use, for the coca leaves to be sent to the Fiscal Laboratories to which this Decree relates, and in accordance with the permits issued by the Directorate-General of Public Health, special books of transit notes of a different colour and shape from those at present used in commerce.
The transit notes shall contain the following particulars:
Date and number of the permit or licence;
Gross and net weight of the package, on the wrapping of which the names of the supplying firm and consignee and the place of destination shall be clearly marked;
The source and quality of the leaves;
The means of transport and route to be used, and the date of shipment;
The date of expiry of the certificate (not more than fifteen days after the date of despatch).
Article 7. The Deposit and Consignment Office shall transmit immediately by telegraph to the Department of Narcotics full particulars of certificates issued.
The police of each area shall check by suitable countersignature the despatch certificates and transit notes issued by offices of the Tax Collection Department mentioned in the preceding article.
Article 8. Transit certificates shall bear a record, duly stamped and signed by the staff of the Tax Collection Department at the stations or check points on the prescribed route, of the time and date of the check, which shall in each case include verification of the particulars recorded on the certificate.
Article 9. Transport undertakings shall not despatch coca leaves without production of a certificate which shall be issued in each case by the Tax Collection Department of the Deposit and Consignment Office and on which they shall record the shipment of the consignment.
Article 10. Immediately upon arrival in this capital of a consignment of coca leaves for the aforesaid purposes, the Administration of the Fiscal Laboratories shall deliver to the Department of Narcotics the relevant transit certificate, which shall show the quantities of raw materials in the consignment.
The Narcotics Contraband Department of the Directorate-General of Investigation, Inspection and Identification shall keep a Register of Coca Producers of the Republic in which shall be recorded the area of cultivations and the quantity and quality of annual coca crops.
Station commandants of the Civil Guard shall transmit to the Directorate-General of Investigation, Inspection and Identification lists of coca producers and owners of land in their respective areas.
Article 11. The technical direction of the laboratories in which crude and pure cocaine is prepared shall be carried out by qualified chemists, to be appointed by the Ministry of Public Health on the recommendation of the Board of Administration and Control.
Article 12. In addition to their technical duties, officers engaged in the technical direction of crude and pure cocaine laboratories shall:
Keep, in a book authorized by the Department of Narcotics, separate accounts of the movement of coca leaf, of crude cocaine, of pure cocaine and of its salts, with the date of each operation;
Submit monthly to the Department of Narcotics a statement of these accounts, whether movement has occurred during the month or not;
Obtain prior leave of the Department of Narcotics to use coca leaves in the manufacture of crude cocaine, and to use crude cocaine in the preparation of pure cocaine, its salts and derivatives; for which purpose the Department shall take for analysis samples, which shall be supplied for that purpose, of separate batches of the products prepared.
Keep, in books previously authorized by the Department of Narcotics, stock registers of chemical solvents and products procured and used by the laboratories;
Note in the appropriate register the quantity and source of the coca leaves used in each operation;
Note the output of crude or pure cocaine from each batch processed, and the percentage of pure cocaine and total alkaloids obtained from crude cocaine in each batch processed;
Number the containers of each batch and seal each container securely.
Arlicle 13. The Fiscal Laboratories producing coca derivatives may not supply drugs or accept raw materials without the knowledge and express authority of the Directorate-General of Public Health.
Article 14. When preparation at the laboratories is suspended, the responsible technical officer shall have suitable seals placed on the extraction and. processing equipment and shall report accordingly to the Directorate-General, and send also a stock statement of drugs, raw materials and other items.
Article 15. Crude cocaine and cocaine hydro-chloride produced shall be deposited at the Ministry of Public Health on the tenth, twentieth and thirtieth days of each month or on the last working day before such days when they fall on holidays. In-voices therefor shall be compiled and attached to the monthly accounts, which shall be sent to the Ministry by the fifth day of the next month.
Article 16. Requests-for permission to export or sell crude cocaine, pure cocaine or its salts shall be submitted in accordance with the rules in force. The documents relating to each case shall be accompanied by a copy of the chemical analysis of the product, certified by the Department of Narcotics.
Article 17. The products deposited at the Ministry of Public Health shall be in the charge of the head pharmacist of the Narcotics Laboratory of the Procurement, Production and Supply Division and the head of the Department of Narcotics of the Directorate-General of Public Health, who shall keep a receipt and issue a register for the products under their charge and shall submit a monthly stock statement to the Board of Administration.
Article 18. Any infringement of the provisions of this Decree shall be an offence at law punishable in accordance with the provisions in force.
Article 19. The products of the Fiscal Laboratories for the Industrialization of Coca, and all materials procured by them for production or trade, shall be exempted from all taxation.
Article 20. The Procurement, Production and Supply Division of the Directorate-General of the National Health and Social Welfare Fund of the Ministry of Public Health and Social Welfare shall provisionally defray the cost of procuring materials and installing the laboratories.
Article 21. The Board of Administration and Control shall propose to the Ministry of Public Health and Social Welfare such measures as it may deem likely to improve the work of the Fiscal Laboratories for the Industrialization of Coca.
Given at the Casa de Gobierno, Lima, on 11 June 1953.
(Signed)Manuel A. ODRIA
Luis N. SÁENZ