PHARMACY AND POISONS ORDINANCE

PHARMACY AND POISONS ORDINANCE

CHAPTER 138.

PHARMACY AND POISONS.

To amend the law relating to poisons aitd the registration of
pharmaceutical chemists.

[1st January, 1938.]

1. This Ordinance may be cited as the Pharmacy,

and Poisons Ordinance.

General.

2. In this Ordinance

'arrangement with creditors' means a composition or scheme made in
pursuance of the law, for the time being in force relating to
bankruptcy;

'authorized seller of poisons' means any of the persons declared by
sections 10, 11 and 12 to be authorized sellers of poisons within
the meaning of this Ordinance;

'Board' means the Pharmacy Board established under section 3 ;

'certificate of registration' means such a certificate as is mentioned in
section 8;

'dispensing', in relation to a medicine or a poison, means supplying a
medicine or a poison on and in accordance with a prescription
duly given by a registered medical practitioner, a registered dental
surgeon or a duly qualified veterinary surgeon;

'duly qualified veterinary surgeon' means any member of the Royal
College of Veterinary Surgeons of Great Britain, or any other
person holding the diploma of such British or colonial veterinary
institution or examining body as the Governor in Council may
from time to time approve;

'labelled' means distinctly labelled in English and Chinese;

'pharmacist' means a pharmaceutical chemist or a chemist and
druggist, and includes every, member of the Pharmaceutical
Society of Great Britain and every person holding a diploma
approved by the Governor in Council under paragraph (d) of
subsection (1) of section 4, or a certificate of competent skill and
know-





ledge and qualification to exercise the business or

calling of pharmacist granted under or by virtue of this or any former
Ordinance relating to pharmacy; poison means a poison included in
the Poisons List,

and 'Poisons List' means the list specified in section
18;

'register' means the register of pharmacists kept under

this Ordinance;
'registered' means-

(a)in relation to a pharmacist, duly registered in the register ;

(b)in relation to 9 medical practitioner, registered or deemed to be
registered under the Medical Registration Ordinance ;

(c)in relation to a dentist duly registered under the Dentists
Registration Ordinance;

'registrar' means the Director of Medical and Health
Services ;

'sale by way of wholesale dealing' means sale to a person

who buys for the purpose of selling again.

3. (1) There is hereby established for the purposes of this
Ordinance a Board to be styled the Pharmacy Board which shall
consist of four ex-officio members and five other members to be
appointed by the Governor.

(2) The ex-officio members shall be the Director of Medical and
Health Services, the Professor of Chemistry of the Hong Kong
University, the Government Chemist and the Government Chief
Pharmacist.

The Governor shall every three years appoint a Government
Medical Officer, a legal adviser and three registered pharmacists to be
members of the Board. Such members shall hold office for a period of
three years and may be re-appointed or removed by the Governor at
his pleasure. In the event of any vacancy occurring from any cause
such vacancy shall be filled by appointment of the Governor and a
member so appointed shall hold office for so long as the member in
whose place he has been appointed would have held office.

(4) The Director of Medical and Health Services shall be ex officio
Chairman of the Board. In the case of the





absence of the Chairman from any meeting of the Board, the members
of the Board present shall appoint any other of its members as
Chairman. The Chairman shall have a deliberative and a casting vote.

(5) Five members of the Board shall constitute a quorum.

(6) The Board shall conduct inquiries into the professional
conduct of registered pharmacists or persons employed by registered
pharmacists.

(7) The Board shall be empowered to make standing

orders regulating the procedure at, and in connexion with,
its meetings and inquiries. [2A

4. (1) The Board with the approval of the Governor in Council may
by regulations prescribe or provide for

(a)grant or refusal of certificates of competent skill and
knowledge and qualification to exercise the business or
calling of pharmacist to such persons as tender themselves
for examination under this Ordinance;

(b)the character and scope of the course of training, study and
examination required to be passed by such persons;

(c)appointment of examiners for the purpose of such
examination, enrolment of apprentices or students, and fees
payable in respect of such examination and enrolment;

(d)registration, upon payment of the prescribed fee, as
pharmacists of any persons holding such diplomas as the
Governor in Council may approve;

(e)payment of fees for registration, and for the retention of any
name on the register;

(f) manufacture of pharmaceutical preparations containing
poisons;

(g)licensing, and fees therefor , of wholesale dealers to sell
poisons on specified premises and prohibiting the sale of
poisons by way of wholesale dealing except by licensed
dealers and on licensed premises;

(h)sale, whether wholesale or retail, or supply of poisons, by or
to any persons or classes of persons and in particular but
without prejudice to the generality of the foregoing
provisions





(i) regulating or restricting the sale or supply of poisons
by persons whose names are entered in the registrar's list
and prohibiting the sale of any specified poison or class of
poisons by any class of such persons; and

(ii) prohibiting the sale by retail of poisons (being poisons
included in Part I of the Poisons List) except on a
prescription duly given by a registered medical practitioner,
registered dentist or duly qualified veterinary surgeon, and
prescribing the form and regulating the use of prescriptions
given for the purpose Of regulations made under this
paragraph; and

(iii) dispensing with or relaxing with respect to poisons
any of the provisions contained in Part II of this Ordinance
relating to the sale of poisons;

(i)storage, transport and labelling of poisons;
(j)containers in which poisons may be sold or supplied ;

(k)addition to poisons of specified ingredients for the purpose
of rendering them readily distinguishable as poisons;

(l) compounding and dispensing of poisons;

(m)the period for which any books required to be kept for the
purposes of Part II of this Ordinance are to be preserved;

(n)the period for which any certificate given under Part II of
this Ordinance is to remain in force;

(o)persons in control of the manufacture of pharmaceutical
preparations containing poisons to be registered
pharmacists or persons possessing such qualification in
chemistry as the Governor in Council may prescribe;

(p)payment of costs by any person or persons whose
professional conduct is the subject of inquiry or who is the
subject of any inquiry in any matter within the jurisdiction of
the Board, or who is in any way implicated or concerned in
any such inquiry;

(q)contravention of any such regulation being, made an offence
and prescribing penalties therefor: Provided that no penalty
so prescribed shall exceed





the penalty prescribed by subsection (1) of section 24 for
offences against Part II ;

(r)anything which is by this Ordinance to be prescribed by
regulations.

(2) The power to make regulations under this section
with respect to poisons includes the power to make regulations
with respect to any class of poisons or any particular
poison.
[3]
PART I.-PHARMACY

5. (1) The registrar shall keep a register, in such form as lie may
think proper, of all pharmacists entitled to be registered under this
Ordinance, and shall make the necessary alterations therein, and a
copy of the register shall be published annually in the Gazette.

(2) The registrar shall erase frorn the register-

(a)any entry which is proved to the satisfaction of the Board to
have been fraudulently made;

(b) the name of any person who shall have died;

(c)the name of any person whom after due inquiry he finds to
have ceased to reside in the Colony; or

(d)the nanic of any person whoni lie is directed to remove from
the register in pursuance of section 6

Provided, as regards paragraph (c), that if such person returns to
the Colony, his nanie may be restored to the register on payment of
the fee payable on registration as a pharmacist.

(3) A copy of the Gazette, containing the most recent copy of
the register or a certificate under the hand of the registrar, shall be
prima facie evidence in any proceedings that the persons therein
specified are, or are not, registered pharmacists.

6. (1) If a registered pharmacist or a person employed by him in
the carrying on of his business has been convicted of any such
criminal offence or been guilty
of such misconduct as in the opinion of the Board renders him or in the
case of an employee would if he were a registered pharmacist render
him unfit to be on the register, the Board, after making inquiry into the
case, may direct the registrar to remove the name of the pharmacist from
the register or suspend him from practice or censure him as the Board
may think fit.





(2) It shall be lawful for the Board to publish the result of any
inquiry held under this section either with or without an account of the
proceedings at the said inquiry.

(3) Reasonable notice of any proposed inquiry under this section
shall be served on the person concerned.

(4) Notice of the decision of the Board shall in all cases tinder this
section be served on the person concerned.

(5) The striking off the register tinder this section or the
publication under subsection (2) shall not take place until after the
expiration of fourteen days from the date of the service of the decision
of the Board on the person concerned and in case of appeal shall await
the decision of the Governor in Council.

(6) The notice of any decision and any order or direction made by
the Board as aforesaid shall be signed by the registrar and may be filed
with the Registrar of the Supreme Court aiid when so filed shall be
enforceable in the same nianner as a judgment or order of the Supreme
Court to the like effect.

(7) If the Board thinks fit in any case so to do, it may either on its
own motion or on the application of the person concerned after due
inquiry direct the registrar to restore to the register, either without fee
or on payment of such fee not exceeding the fee payable on
registration as a pharmacist as the Board may prescribe, any name or
entry which has been removed from the register.

(8) A right of appeal from any decision of the Board tinder this
Ordinance shall lie to the Governor in Council and the provisions of
section 42 of the Interpretation Ordinance shall apply to any such
appeal.

7. Subject to the provisions of sections 5 and 6, every pharmacist
shall, on payment of the fee prescribed by regulations, be entitled to be
registered tinder this Ordinance : Provided that notliing in this section
shall entitle any person to be registered who does not, by the proper
evidence, satisfy the registrar that he is so entitled.

8. (1) It shall bc the duty of the registrar on the demand of a
registered pharmacist to cause a certificate of registration to be issued
to him without fee: Provided that, where a certificate of registration has
already been
issued to the person making the demand, there shall be no





obligation upon the registrar to cause a further certificate to be
issued to him unless he satisfies the registrar that the original
certificate has been lost or destroyed and pays such fee, if any,
in respect of the issue of the further certificate as may be
prescribed by regulations.

(2) If a person to whom a certificate of registration has been
issued ceases to he registered as a pharmacist, he shall, within
fourteen days after so ceasing, transmit the certificate to the
registrar for cancellation, and, if he fails so to do, he shall be
liable on summary conviction to a fine of fifty dollars and to a
further fine of ten dollars for every day subsequent to the day on
which he is convicted of the offence during which the default
continues.

(3) If, with intent to deceive, a person-

(a)forges, or uses, or lends to or allows to be used by any
other person a certificate of registration or any other
certificate issued under any enactment, whether of this
Colony or elsewhere, relating to pharmacy; or

(b)makes or lias in his possession a docurrient so closely
resembling any such certificate as aforesaid as to be
calculated to deceive,

he shall be liable on summary conviction to a fine of two
hundred and fifty dollars and, in the case of a continuing
offence, to a further fine of fifty dollars for every day
subsequent to the day on which he is convicted of the offence
during which the contravention continues.

(4) In this section, the expression 'forges' has the same
meaning as in the Forgery Ordinance.

9. (1) It shall not be lawful for a person, unless he is
registered as a pharmacist, to take or use the title of chemist and
druggist or of druggist or of pharmacist or of pharmaceutist or
of pharmaceutical chemist or of member of the Pharmaceutical
Society, or to take or use in connexion with the sale of goods by
retail the title of chemist. In this section 'title' or 'description'
includes the equivalent of such. title or description in any
language whatsoever.

(2) It shall not be lawful for a person to use in connexion
with any business any title, emblem or description reasonably
calculated to suggest that he or anyone employed





in the business possesses any qualification with respect to
the selling , dispensing or compounding of drugs or poisons
other than the qualification which he in fact possesses. For the
purposes of this subsection the use of the description
'pharmacy', 'dispensary', 'drug-store' or it medical hall in
connexion with a business carried on on ativ premises shall be
deemed to be reasonably calculated to suggest that the owner of
the business and the person having the control of the business on
those premises are registered pharmacists.

(3) If a person acts in contravention of the foregoing
provisions of this section, he shall on summary conviction be
liable to a fine of two hundred and fifty dollars and in the case of
a continuing offence to a further fine of fifty dollars for every
day subsequent to the day on which he is convicted of the
offence during which the contravention continues.

10. A registered pharmacist carrying on a business which
comprises the retail sale of drugs shall be an authorized seller of
poisons within the meaning of this Ordinance if the following
conditions are complied with

a)in each set of premises where the business is carried
on, the business must, so far as concerns the retail sale
of drugs, be under the personal control of the
pharmacist himself or of some other registered
pharmacist; and

(b)the name and certificate of registration of the person
having the control of the business as aforesaid must be
conspicuously exhibited in the premises

11. (1) Subject to the provisions of this section, a body
corporate carrying on a business which comprises the
retail sale of drugs shall be an
authorized seller of poisons within the meaning of this
Ordinance if the following conditions are complied with

(a)the business Must, so far as concerns the keeping,
retailing, dispensing and compounding of poisons, be
under the management of a superintendent in relation
to whom the following requirements are fulfilled





(i) he must be a registered pharmacist ;

(ii) a statement in writing signed by him and on behalf of
the body corporate stating his name and specifying whether
or not he is a member of that body must have been sent to
the registrar;

(iii) he must not be acting at the time in a similar capacity
for any other body corporate; and

(b)in each set of premises where the business is carried on, the
business must, so far as concerns the retail sale of drugs, if
not under the personal control of the superintendent, be
carried on, subject to the directions of the superintendent,
under the personal control of a manager or assistant who is
a registered pharmacist; and

(c)the name and certificate of registration of the person having
the control of the business as aforesaid, whether he is the
superintendent or some other person, must be
conspicuously exhibited in the premises.

(2) Notwithstanding the restrictions imposed by the foregoing
provisions of this Ordinance on the use of certain titles, emblems and
descriptions, a body corporate which is an authorized seller of poisons
may, if the superintendent is a member of that body, use the
description of 'chemist and druggist', or of chemist, or of druggist, or
of dispensing chemist or dispensing druggist, and may Lise the
description 'pharmacy' in connexion with the business: Provided that
nothing in this subsection shall authorize the use of any of the said
descriptions in or on any premises which are for the time being
disqualified by virtue of a direction under this section froni being
registered in the register of premises, or in connexion with any
business so far as it is carried on in any premises so disqualified.

(3) If-

(a)a body corporate which is an authorized seller of poisons has
been convicted of an offence under this Ordinance; or

(b)any member of such body corporate or any officer of that
body, or any person employed by that body in carrying on
the business, has been convicted of any such criminal
offence, or been guilty of any such misconduct as, in the
opinion of the Board





renders him, or would if he were a registered
pharmacist render him, unfit to be on the register,
the Board may inquire into the case and may, subject to
the provisions of this Ordinance, direct-
(i) that the body corporate shall cease to be an
authorized seller of poisons, and be disqualified, for such
period as may be specified in the direction, from being
an authorized seller of poisons; or
(ii) that any or all of the premises of the body cor-
porate shall be removed from the register of premises and
be disqualified, for such period as may be specified in the
direction, from being registered therein.

(4) If the Board thinks fit in any case so to do, it
may, either on its own motion or on the application of the
body corporate concerned, direct that any disqualification
imposed under this section shall cease.

12. (1) Subject to the provisions of this section, if a
registered pharmacist who is an authorized seller of poisons
dies or becomes of unsound mind or is adjudged bankrupt
or enters into any arrangement with his creditors, any
representatives who thereafter carry on his business in
accordance with the conditions hereinafter specified and are
persons in relation to whom the requirements of this section
are satisfied shall, for the purposes of that business and
during the period specified in subsection (4) be authorized
sellers of poisons within the meaning of this Ordinance
and be entitled to use in conjunction with the business
nanie of the pharmacist, such titles, emblems and descrip-
tions as might have been used by the pharmacist.

(2) The conditions referred to in subsection (1) are
as follows-
(a)in each set of premises where the business is
carried on, the business, so far as concerns the
retail sale of drugs, must be under the personal
control of a registered pharmacist; and
(b)the name and certificate of registration of the
person having the control of the business as
aforesaid must be conspicuously exhibited in the
premises.





(3) The requirements to be satisfied under subsection (1) in
relation to the representatives are that their names and addresses must
be registered with the registrar, together with a statement of the name
of the pharmacist whose representatives they are.

(4) The period referred to in subsection (1) shall be-

(a)in the case of the death of a pharmacist, a period of five
years from the date thereof;

(b)in the case of the unsoundness of mind or bankruptcy of a
pharmacist, a period of three years from the date when he
became of unsound mind or was adjudged bankrupt;

(c)in the case of an arrangement with the creditors of a
pharmacist, a period of three years from the date when the
representatives became entitled thereunder to carry on his
business,

or such longer period as, on the application of the representatives, the
Board may, having regard to all the circumstances of the case, think fit
to direct.

(5) If a representative or a person employed by the representatives
in the carrying on of the business has been convicted of any such
criminal offence, or been guilty of any such misconduct, as in the
opinion of the Board renders him, or would if he were a registered
pharmacist render him, unfit to be on the register, the Board, after
making inquiry into the case, may, subject to the provisions of this
Ordinance, direct that the representatives shall cease to be authorized
sellers of poisons and cease to be entitled to use the titles, emblems
and descriptions which might have been used by the pharmacist.

(6) In this section, the expression 'representative' means an
executor, administrator, trustee or committee, and includes, in respect
of the period of three months after the death of a pharmacist leaving no
executor who is entitled and willing to carry on his business, any
person beneficially interested in the estate of the pharmacist.

13. (1) Where an act or omission which, under the foregoing
provisions of this Ordinance, may be made the ground of a direction
by the Board involving the cesser or restriction of the right of a person
(in this section referred





to as 'the owner of the business') to be an authorized seller of
poisons, is an act or omission on the part of an employee of the owner
or, if the owner is a body corporate, is an act or omission on the part of
any member of that body or anv officer or employee of the body
corporate, the Board shall not give any, such direction unless proof is
given to its satisfaction of some one or more of the facts specified in
the next succeeding subsection, and the Board is of opinion that
having regard to the facts so proved, the owner ought to be regarded
as responsible for the act or omission.

(2) The facts as to some one or more of which the Board must be
satisfied before giving any such direction as is mentioned in
subsection (1) are

(a)that the act or omission in question was instigated or
connived at by the owner of the business or, if the owner is a
body corporate, by any member of that body ;

(b)that the owner of the business, or any employee of the
owner, or, if the owner is a body corporate, any member of
that body or any officer or employee of the body corporate,
had been guilty at some time within twelve months before the
date on which the act or omission in question took place, of a
similar act or omission and that the owner had, or reasonably
ought to have had, knowledge of that previous act or
omission;

(c)if the act or omission in question was a continuing act or
omission, that the owner of the business had, or reasonably
ought to have had, knowledge of the continuance thereof;

(d)in the case of a criminal offence being an offence under this
Ordinance, that the owner of the business had not used due
diligence to enforce the execution of this Ordinance.

(3) In this section references to the responsibility, knowledge or
diligence of the owner of the business shall, if the owner is a body
corporate, be construed as references to the responsibility, knowledge
or diligence of that body as a whole.





14. (1) Every authorized seller of poisons shall cause all the sets of
premises where his business, so far as it cornprises the retail sale of
drugs, is being carried on, to be registered under this section.

(2) It shall be the duty of the registrar to keep a register for the
purposes of this section (in this Ordinance referred to as 'the register
of premises').

(3) On an application for registration under this section, there
shall be payable such fee, in respect of the registration of any set of
premises, as may be prescribed; and the owner of the business carried
on in any premises entered in the register shall pay such fee as may be
so prescribed in respect of the retention of the premises on the register
of premises in any year subsequent to the year in which the premises
were first registered under this section.

(4) Different fees may be prescribed tinder this section in relation
to different circumstances.

(5) The registration of any premises under this section shall
become void on the expiration of fourteen days from the date of any
change in the ownership of the business carried on therein, or, unless
the appropriate fee payable under this section be sooner paid and
subject to any direction of the Board in a particular case to the
contrary, within fourteen days from the expiration of the year for which
registration was last effected.

(6) A document purporting to be a certificate signed by the
registrar stating that on a specified date, specified premises were, or
were not, registered under this section shall be admissible in any
proceedings as evidence that those premises were, or were not,
registered on that date.

(7) In this section the expression 'year' means a period of twelve
months beginning on such date as the Board mnay from time to time
determine.

15. (1) Every authorized seller of poisons shall in the month of
January in eacli year send to the registrar a list of all the sets of
premises where his business, so far as it comprises the retail sale of
drugs, is being carried on and





the name of the registered pharmacist having the personal control of
the business on each set of premises.

(2) An authorized seller of poisons who fails to comply with the
provisions of this section shall be liable on summary conviction to a
fine of fifty dollars and to a further fine of ten dollars for every day
subsequent to the day on which he is convicted of the offence during
which the default continues.

16. (1) The registrar shall cause notice of any direction given by
the Board under this Part to be given to the person to whom the
direction relates, and, where the Board refuses an application for a
direction under this Part, the registrar shall cause notice of the refusal
to be given to the applicant. A notice required by this subsection to be
given to any person shall be sent to him by registered letter addressed
to hirn, if he is a pharmacist, at his address in the register, and, if he is a
representative within the meaning of section 12, at his address as last
notified to the registrar, or, in the case of a person being a body
corporate, shall be served on that body.

(2) A direction given by the Board under this Part, other than a
direction given on the application of the person to whom it relates,
shall take effect at the expiration of such period, not exceeding three
months, as the Board may, Having regard to all the circumstances of
the case, think fit to direct.

(3) Where a direction given by the Board under this Part has
taken effect it shall be the duty of the registrar to make such alterations
in the register of premises as are necessary to give effect to the
direction.

17. Any person whose conduct is the subject of inquiry by the
Board under this Ordinance, or who is in any way implicated or
concerned in any such inquiry, shall be entitled to be represented at
the inquiry by counsel or a solicitor.

PART II - POISONS

18. (1) The Board with the approval of the Governor in Council
shall by regulations prescribe a list of substances which shall be
treated as poisons for the purposes of this Ordinance.





(2) The list shall be divided into two parts as follows:

Part I of the list shall consist of those poisons which subject to
the provisions of this Ordinance are not to be sold except by a person
who is an authorized seller of poisons:

Part II of the list shall consist of those poisons which, subject to
the provisions of this Ordinance, are not to be sold except by a person
who is an authorized seller of poisons or whose name is entered in a list
kept under this Part by the registrar of persons who are to be entitled to
sell poisons in Part II (in this Ordinance referred to as 'the registrar's
list.')

(3) In determining the distribution of poisons as between Part I
and Part II of the said list, regard shall be had to the desirability of
restricting the said Part II to articles which are in common use, or likely
to come into common use, for purposes other than the treatment of
human ailments, and which it is reasonably necessary to include in the
said Part II if the public are to have adequate facilities for obtaining
them.

19. (1) Subject to the provisions of this Part of this Ordinance it
shall not be lawful

(a)for a person to sell any poison included in Part I of the
Poisons List unless

(i) he is an authorized seller of poisons; and

(ii) the sale is effected on premises duly registered under
Part I of this Ordinance; and

(iii) the sale is effected by, or under the supervision of, a
registered pharmacist;

(b)for a person to sell any poison included in Part II of the
Poisons List, unless either

(i) he is an authorized seller of poisons and the sale is
effected on premises duly registered under Part I of this
Ordinance; or

(ii) his name is entered in the registrar's list, and the sale is
effected on premises specified in that list as being premises
on which he is entitled, subject to the provisions of this
Ordinance, to sell poisons included in Part II of the Poisons
List;

(c)for a person to sell any poison, whether included in Part I or
in Part II of the Poisons List, unless





the container of the poison is labelled in the prescribed
manner-

(i) with the name of the poison; and

(ii) in the case of a preparation which contains a poison as
one of the ingredients thereof, with the prescribed particulars
as to the proportion which the poison contained in the
preparation bears to the total ingredients; and

(iii) with the word 'poison' or other prescribed indication
of the character of the article; and

(iv) with the name of the seller of the poison and the
address of the premises on which it was sold.

(2) Subject to the provisions of this Part and to any regulations
made tinder this Ordinance dispensing with or relaxing any of the
requirements of this subsection

(a)it shall not be lawful to sell any poison included in Part I of
the Poisons List to any person unless that person is either

(i) certified in writing in the manner prescribed by
regulations, and by a person authorized by regulations to
give a certificate for the purposes of this section ; or

(ii) known by the seller or by some registered pharmacist
in the employment of the seller at the premises where the
sale is effected,

to be a person to whom the poison may properly be sold;

(b)the seller of any such poison shall not deliver it until

(i) he has made or caused to be made an entry, in a book to
be kept for that purpose, stating, in the form prescribed by
regulations, the date of the sale, the name and address of the
purchaser and of the person, if any, by whom the certificate
required under paragraph (a) was given, the name and
quantity of the article sold, and the purposes for which it is
stated by the, purchaser to be required; and

(ii) the purchaser has affixed his signature to the entry
aforesaid.





20. (1) Nothing in the last foregoing section shall

apply-

(a)to a medicine which is supplied by a registered medical
practitioner for the Purposes of medical treatment, by a
registered dentist for the purposes of dental treatment or by
a duly qualified veterinary surgeon for the purposes of
animal treatment; or

(b)to a medicine which is dispensed by an authorized seller of
poisons on premises duly registered under Part I ; or

(c)to a poison forming part of the ingredients of a medicine
which is supplied by an authorized seller of poisons on
premises duly registered under Part I,

if the requirements contained in the following provisions of this
section are satisfied in relation thereto.

(2) The medicine must be distinctly labelled with the name and
address of the person by whom it is supplied or dispensed.

(3) On the day on which the medicine is supplied or dispensed, or,
if that is not reasonably practicable, on the day next following that day,
there must be entered in a book which is used regularly for the Pur-
pose of this provision the following particulars-

(a)the date on which the medicine was supplied or dispensed;

(b)the ingredients of the medicine and the quantity thereof
supplied;

(c)if the medicine was dispensed by an authorized seller of
poisons, the name or initials, and, if it is known, the address
of the person by whom, and the name and, if it is known, the
address of the person to whom, and the date on which, the
prescription was given ;

(d)if the medicine was not so dispensed, the name 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 the medicine has
been supplied by the seller on a previous occasion, be deemed to be
complied with if the day on which the medicine is supplied and the
quantity thereof supplied are entered in the book on that day or, if that
is not reasonably practicable, on the day next following that day,





together with a sufficient reference to an entry in the book duly
recording the dispensing of the medicine on the previous occasion.

(4) In the case of a medicine which is supplied or dispensed by a
person who is an authorized seller of poisons and is compounded by
the person supplying or dispensing it or by a person in his
employment, the medicine must have been compounded by or under
the direct aiid Personal supervision of a registered pharmacist.

(5) In the case of a medicine which is supplied or dispensed by a
person who is an authorized seller of poisons, the supplying or
dispensing of the medicine must be effected by or under the direct and
personal supervision of a registered pharmacist

21. Except as provided by regulations, nothing in the foregoing
provisions of this Part shall extend to or interfere with

(a) the sale of poisons by way of wholesale dealing; or

(b)the sale of poisons to be exported to purchasers outside the
Colony; or

(c)the sale of aii article to a registered medical practitioner,
registered dentist or duly qualified veterinary surgeon for the
purpose of his profession ; or

(d)the sale of an article for use in or in connexion with any
hospital, infirmary, dispensary or similar institution approved
by an order, whether general or special, of the Governor in
Council; or

(e)the sale of an article by a person carrying on a business, in
the course of which poisons are regularly sold either by way
of wholesale dealing or for use by the purchasers thereof in
their trade or business to

(i) a person who requires the article for the purpose of
his trade or business; or

(ii) a Government department or an officer of the Crown
requiring the article for the purpose of the public service; or

(iii) a person or institution concerned with scientific
education or research, if the article is required for the
purposes of that education or research.





22. It shall not be lawful for a person to have any poison included
in Part I of the Poisons List in his possession unless

(a)he is entitled under this Part of this Ordinance to sell the
poison or is a wholesale dealer duly licensed under this
Ordinance to sell poisons; or

(1)) the poison lias been duly sold or supplied (the
proof whereof shall lie upon him) by an authorized
seller of poisons in accordance with the provisions
of this Ordinance and any regulations there-
tinder. [21A]

23. (1) The registrar shall keep for the purposes of this Part of this
Ordinance a list of persons who, riot being entitled to sell poisons
included in Part I of the Poisons List, are, subject to the provisions of
this Ordinance, to be entitled to sell poisons included in Part II of the
Poisons List, and shall, subject as hereinafter provided, enter in the list
the nanie of any person who being the occupier of any premises makes
an application to the registrar to have his name entered in the list as a
person entitled subject to the provisions of this Ordinance to sell such
poisons on those premises .

Provided that the registrar may refuse to enter in, or may remove
from, the list the nanie of any person who fails to pay the fees
prescribed by regulations or who in ihe opinion of the Board is, for any
sufficient reason relating to hirn personally or to his premises, not fit to
be on the list :

Provided also that the registrar may refuse to enter in the list the
name of any person if the Board is of the opinion that there are in the
neighbourhood of the premises of which such person is the occupier
sufficient facilities for the sale of such poisons.

(2) If any person is aggrieved by the refusal of the registrar to
enter his name in the said list or by the removal of his name therefrom
under this section, he may within fourteen days of the decision, appeal
frorn such refusal or removal by petition to the Governor in Council.

(3) Every person shall pay to the registrar such fees as may be
prescribed by regulations in respect of

(a) the entry of his name in the registrar's list;





(b)the making of any alteration in the registrar's list in relation to
the premises on which he is entitled to sell ; and

(c)the retention of his name on the registrar's list in any year
subsequent to the year in which his name is first entered
therein.

(4) In this section-

'relating to him personally' means, in relation to a person

being a body corporate, relating personally to the members of that
body, or to the managers of other officers of the body corporate;

year means a period of twelve months beginning on such

date as the Board may from time to time determine.

(5) It shall not be lawful for any person whose name
is entered in the registrar's list to use in connexion with
his business any title, emblem or description reasonably
calculated to suggest that he is entitled to seil any poison
other than a poison which he is under this Ordinance
entitled to sell, and if any person acts in contravention of
this subsection lie shall be liable on summary conviction
to a fine of two hundred and fifty dollars, and, in the case
of a continuing offence, to a further fine of fifty dollars
for every day subsequent to the day on which he is convicted of the
offence Cluring which the contravention
continues. [22]

PART MISCELANEOUS

24. (1) A person who acts, in Contravention of Or fails to comply
with any of the provisions of Part II of this Ordinance (other than
subsection (5) of section 23) Shall, on summary conviction, be liable to
a fine of five hundred dollars, and, in the case of a continuing offence,
to a further fine of one hundred dollars for every day subsequent to the
day on which the is convicted of the offence during which the
contravention or default continues.

(2) In the case of proceedings against a person under this section
for or in connexion with the sale, exposure for sale or supply of a
poison effected by an employee

(a)it shall not be a defence that the employee acted without the
authority of the employer; and





(b)any material fact known to the employee shall be deemed to
have been known to the employer.

(3) Notwithstanding any provision in any Ordinance prescribing
the period within which summary proceedings may be commenced,
proceedings for an offence under this Ordinance may be commenced at
any time within the period of twelve months next after the date of the
commission of the offence, or, in the case of proceedings instituted by,
or by direction of the Attorney General, either within the period
aforesaid or within the period of three months next after the date on
which evidence sufficient in the opinion of the Attorney General to
justify a prosecution for the offence comes to his knowledge,
whichever period ends on the later date. For the purposes of this
subsection, a certificate purporting to be signed by the Attorney
General as to the date on which such evidence as aforesaid came to his
knowledge shall be conclusive evidence thereof.

(4) A document purporting to be a certificate signed
by an analyst or person appointed by the Governor to
make analyses for the purposes of this Ordinance, stating
the result of an analysis inade by him, shall be admissible
in any proceedings under this Ordinance as evidence of the
matters stated therein but either party may require the
person by whom the analysis was made to be called as a
witness. [23]

25. (1) The registrar may in writing authorize any public officer to
be an inspector for the purposes of this Ordinance.

(2) An inspector authorized under this section shall, for the
purpose of enforcing the provisions of this Ordin-
ance and of any regulations made thereunder under, have power

(a) at all reasonable times to enter-

(i) any premises which are on the register of premises;
and

(ii) any premises on which any person whose name is
entered in the registrar's list carries on business; and

(iii) any premises licensed under paragraph (g) of
subsection (1) Of section 4;





(b)at any time to enter any premises in which he has reasonable
cause to suspect that a breach of the law has been committed
in relation to any poison included in the Poisons List;

(c)to make such examination and inquiry and to do such other
things, including the taking, on payment therefor, of samples,
as may be necessary for the purposes of the inspection;

(d)to seize and detain any substance or article consisting of or
containing any poison which he has reasonable cause to
suspect is liable to forfeiture under this Ordinance.

(3) If a person wilfully delays or obstructs an inspector in the
exercise of any powers under this section, or refuses to allow any
sample to be taken in accordance with the provisions of this section, or
fails without reasonable excuse to give any information which lie is
duly required under this section to give, he shall be liable on summary
conviction to a fine of fifty dollars.

(4) VVithout prejudice to the generality of the foregoing
provisions, it shall be the duty of every person who appears to be
conducting in any premises any business which comprises the retail
sale of drugs to state, on being required so to do by an inspector
authorized under this section, who the owner of the business is, and if
any person fails without reasonable excuse to comply with the
provisions oF this subsection he shall be liable on summary conviction
to a fine of fifty dollars.

(5) Notliing in this section shall authorize any inspector
authorized thereunder to enter or inspect the premises, riot
being a shop, of a registered medical practitioner, a
registered dental surgeon or a duly qualified veterinary
surgeon. [241

26. Any magistrate may order to be forfeited any substance or
article consisting of or containing any poison with respect to which
any offence under this Ordinance has been committed, Nvhether any
person has been convicted of such offence or not, and upon the
making of any such order of forfeiture such substance or article shall be
deemed to be the property of the Crown free from all rights of any
person. [25]
8 of 1937. 24 of 1938. 1 of 1940. 9 of 1950. 36 of 1950. 37 of 1950. Short title. Interpretation. 23 & 24 Geo. 5, c. 25, s. 29. 36 of 1950, s.2. (Cap. 161.) (Cap. 156.) Constitution of Pharmacy Board. 36 of 1950, s.3. [s. 3. cont.] Power to make regulations. 23 & 24 Geo. 5, c. 25, s. 23. 36 of 1950, s.4. 36 of 1950, s.4. 37 of 1950, Schedule. [s. 4 cont.] Register of pharmacists. 36 of 1950, s.5. Removal of pharmacists from and restoration to register. 36 of 1950, s.6. (Cap. 1.) Qualifications for registration. Issue of certificates of registration, and penalties for failure to surrender or abuse of certificate. 23 & 24 Geo. 5, c. 25, s. 2. [s. 8 cont.] (Cap. 209.) Restriction on use of certain titles, etc. 23 & 24 Geo. 5, c. 25, s. 3. Conditions to be fulfilled by pharmacist in order to become authorized seller of poisons. 23 & 24 Geo. 5, c. 25, s. 8. Conditions to be fulfilled by body corporate in order to become authorized seller of poisons. 23 & 24 Geo, 5, c. 25, s. 9. [s. 11 cont.] 36 of 1950, s.7. 36 of 1950, s.7. 36 of 1950, s.7. 36 of 1950, s.7. 36 of 1950, s.7. 36 of 1950, s.7. Continuation of business of pharmacist by representatives in case of death, etc. 23 & 24 Geo. 5, c. 25, s. 10. [s. 12 cont.] 36 of 1950, s.8. 36 of 1950, s.8. 36 of 1950, s.8. Conditions as to the giving of directions by Board in cases of conviction etc. of employee. 23 & 24 Geo. 5, c. 25, s. 11. 36 of 1950, s.9. 36 of 1950, s.9. 36 of 1950, s.9. 36 of 1950, s.9. Duty of authorized sellers of poisons to register business premises. 23 & 24 Geo. 5, c. 25, s. 12. 36 of 1950, s.10. 36 of 1950, s. 10. Authorized sellers of poisons to furnish registrar with list of shops and pharmacists in charge. 23 & 24 Geo. 5, c. 25, s. 13. Provisions as to directions given by Board. 23 & 24 Geo. 5, c. 25, s. 14. 36 of 1950, s. 11. 36 of 1950, s.11. 36 of 1950, s.11. 36 of 1950,s.11. Appearance of counsel, etc. 36 of 1950, s. 12. List of poison for purposes of Ordinance. Second Schedule. 23 & 24 Geo. 5, c. 25, s. 17. [s. 18 cont.] 9 of 1950, Schedule. 36 of 1950, s. 13. Prohibitions and regulations with respect to sale of poisons. 23 & 24 Geo. 5, c. 25, s. 18. Exemption with regard to medicines. 23 & 24 Geo. 5, c. 25, s. 19. 1 of 1940, s. 28. Exemption with respect to sales wholesale and sales to certain persons. 23 & 24 Geo. 5, c. 25, s. 20. Possession of poison in Part I of Poisons List prohibited in certain cases. 24 of 1938, s.2. Certain persons other than authorized sellers of poisons to be entitled to sell poisons in Part II of Poisons List. 23 & 24 Geo. 5, c. 25, s. 21. 36 of 1950, s. 14. 36 of 1950, s. 14. 36 of 1950, s.14. 36 of 1950, s.14. 36 of 1950, s.14. Penalties. 23 & 24 Geo. 5, c. 25, s. 24. 37 of 1950, Schedule. [s. 24 cont.] Inspection and enforcement of Ordinance. 23 & 24 Geo. 5, c. 25, s. 25. Forfeiture.

8 of 1937. 24 of 1938. 1 of 1940. 9 of 1950. 36 of 1950. 37 of 1950. Short title. Interpretation. 23 & 24 Geo. 5, c. 25, s. 29. 36 of 1950, s.2. (Cap. 161.) (Cap. 156.) Constitution of Pharmacy Board. 36 of 1950, s.3. [s. 3. cont.] Power to make regulations. 23 & 24 Geo. 5, c. 25, s. 23. 36 of 1950, s.4. 36 of 1950, s.4. 37 of 1950, Schedule. [s. 4 cont.] Register of pharmacists. 36 of 1950, s.5. Removal of pharmacists from and restoration to register. 36 of 1950, s.6. (Cap. 1.) Qualifications for registration. Issue of certificates of registration, and penalties for failure to surrender or abuse of certificate. 23 & 24 Geo. 5, c. 25, s. 2. [s. 8 cont.] (Cap. 209.) Restriction on use of certain titles, etc. 23 & 24 Geo. 5, c. 25, s. 3. Conditions to be fulfilled by pharmacist in order to become authorized seller of poisons. 23 & 24 Geo. 5, c. 25, s. 8. Conditions to be fulfilled by body corporate in order to become authorized seller of poisons. 23 & 24 Geo, 5, c. 25, s. 9. [s. 11 cont.] 36 of 1950, s.7. 36 of 1950, s.7. 36 of 1950, s.7. 36 of 1950, s.7. 36 of 1950, s.7. 36 of 1950, s.7. Continuation of business of pharmacist by representatives in case of death, etc. 23 & 24 Geo. 5, c. 25, s. 10. [s. 12 cont.] 36 of 1950, s.8. 36 of 1950, s.8. 36 of 1950, s.8. Conditions as to the giving of directions by Board in cases of conviction etc. of employee. 23 & 24 Geo. 5, c. 25, s. 11. 36 of 1950, s.9. 36 of 1950, s.9. 36 of 1950, s.9. 36 of 1950, s.9. Duty of authorized sellers of poisons to register business premises. 23 & 24 Geo. 5, c. 25, s. 12. 36 of 1950, s.10. 36 of 1950, s. 10. Authorized sellers of poisons to furnish registrar with list of shops and pharmacists in charge. 23 & 24 Geo. 5, c. 25, s. 13. Provisions as to directions given by Board. 23 & 24 Geo. 5, c. 25, s. 14. 36 of 1950, s. 11. 36 of 1950, s.11. 36 of 1950, s.11. 36 of 1950,s.11. Appearance of counsel, etc. 36 of 1950, s. 12. List of poison for purposes of Ordinance. Second Schedule. 23 & 24 Geo. 5, c. 25, s. 17. [s. 18 cont.] 9 of 1950, Schedule. 36 of 1950, s. 13. Prohibitions and regulations with respect to sale of poisons. 23 & 24 Geo. 5, c. 25, s. 18. Exemption with regard to medicines. 23 & 24 Geo. 5, c. 25, s. 19. 1 of 1940, s. 28. Exemption with respect to sales wholesale and sales to certain persons. 23 & 24 Geo. 5, c. 25, s. 20. Possession of poison in Part I of Poisons List prohibited in certain cases. 24 of 1938, s.2. Certain persons other than authorized sellers of poisons to be entitled to sell poisons in Part II of Poisons List. 23 & 24 Geo. 5, c. 25, s. 21. 36 of 1950, s. 14. 36 of 1950, s. 14. 36 of 1950, s.14. 36 of 1950, s.14. 36 of 1950, s.14. Penalties. 23 & 24 Geo. 5, c. 25, s. 24. 37 of 1950, Schedule. [s. 24 cont.] Inspection and enforcement of Ordinance. 23 & 24 Geo. 5, c. 25, s. 25. Forfeiture.

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