Regulations relating to agricultural poisons.
Schedule.
Poisona Committee.
Exemption with respect to sales wholesale and sales to certain POTSOBS.
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(o) generally providing for the regulating and controlling of the selling, compounding and dispensing of poisons and medicines;
(p) providing for the licensing of retail sellers of pharma- ceutical products who are not authorized sellers of poisons or listed sellers of poisons:
(q) providing for the registration of all pharmaceutical pro-
ducts imported into, or manufactured in Hong Kong: (r) prescribing a list of poisons, to be called the Poisons List, which list shall have two divisions to be known as Part I and Part II respectively.
30. (1) The Governor in Council may make regulations controlling the import, export, purchase, sale and possession of agricultural poisons.
(2) The Governor may, by order published in the Gazette. amend the Schedule.
31. (1) For the purposes of advising the Board on the classification and distribution of poisons in Part I and Part II of the Poisons List and matters relating to the control of the made- facture and distribution of poisons and pharmaceutical products, there shall be a Poisons Committee consisting of-
(a) the registered medical practitioners appointed under paragraphs (h) and (♪ of subsection (2) of section 3; and
(b) five other members of the Board appointed by the Board, including two of the members appointed under paragraph (g) of subsection (2) of section 3.
(2) In determining the distribution of poisons in Part I and Part II of the Poisons List the Board sbali, after considering the advice of the Poisons Committee, have regard to the desirability of restricting to Part II substances which are in common use, Or are likely to come into common use, and which it is reasonably necessary to include in the said Part II if the public are to have adequate facilities for obtaining them.
32. Except as provided by regulations, nothing in this Ordin- ance 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
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(c) the sale of a substance to a registered medical practi- tioner, registered dentist or duly qualified veterinary surgeon for the purpose of his profession; or
(d) the sale or supply of a substance for use in or in con-
nexion with an institution; or
(e) the sale of a substance by a person carrying on a busi- ness, in the course of which poisons are regularly sold to either-
(i) a person who requires the substance for the purpose of his trade or business; or
(ii) a Government department or an officer of the Crown requiring the substance for the purpose of the public service; or
(iii) a person or institution concerned with education or scientific research, if the substance is required for the purposes of that education or research.
33. (1) Any person who contravenes section 21, 23, 26, 27 or 28 shall be guilty of an offence.
(2) In the case of proceedings against a person under this Ordinance 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
(5) any material fact known to the employee shall be deemed
to have been known to the employer.
(3) Notwithstanding any provision in any Ordinance prescrib- ing the period within which summary proceedings may be com- menced, 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.
34. Any person who is guilty of an offence under this Ordin- ance shall, unless a penalty is otherwise expressly provided, be lable on conviction to a fine of one thousand dollars, and to a further fine of one hundred dollars for every day during which the offence continues subsequent to the day on which be was con- victed of such offence.
35. (1) The Chairman may authorize in writing any public officer to be an inspector for the purposes of this Ordinance.
Offences.
Penalties,
Inspection and enforcement of Ordinance.