Listed sellers of poisons.
(Cap. 138.)
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25. (1) The Board shall cause to be kept for the purposes of this Ordinance a list of persons who, not being authorized sellers of poisons within the meaning of this Ordinance are, subject to the provisions of this Ordinance, to be entitled to conduct the retail sale of a class or classes of poisons included in Part II of the Poisons List, and shall cause to be entered on that list of persons the name of any person who being the occupier of any premises makes an application to be entitled to conduct the retail sale of that class or those classes of poisons on those premises in accordance with this Ordinance.
(2) For the purposes of subsection (1) the Board shall cause to be issued to each listed seller of poisons a licence which shall set out the class or classes of poisons which that listed seller is entitled to sell.
(3) The Board may direct the Secretary not to enter in, or to remove from, the list the name of any person who fails to pay the foes prescribed or who in the opinion of the Board is, for any sufficient reason relating to him personally or to his premises, not fit to be on the list. In the case of a direction to remove the name of any person from the list, the Board shall serve a notice on that person stating its grounds for such removal and advising him of his right to appeal under subsection (5).
(4) The Board may direct the Secretary to refuse the applica- tion of any person if it 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.
(3) Any person aggrieved by the refusal of the Board to grant his application or by the removal of his name from the list under this section may, within twenty-eight days of the decision, appeal from such refusal or removal to the Supreme Court, the decision of which shall be final.
(6) Any listed seller of poisons shall be guilty of an offence if he uses in connexion with his business any title, emblem or description reasonably calculated to suggest that he is entitled to sell any poison other than a poison which he is under this Ordin- ance entitled to sell.
(7) All persons whose names are included in the list kept under section 23 of the Pharmacy and Poisons Ordinance repealed by this Ordinance shall, until the 1st day of January 1970, be deemed to be listed sellers of poisons under this section and no such person shall be required to obtain a licence to sell any class or classes of poisons included in Part II of the Poisons List before that date.
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26. Subject to sections 28 and 32, no poison included in Part II of the Poisons List shall be sold except by authorized sellers of poisons on premises duly registered under this Ordinance or by listed sellers of poisons,
27. No person who is authorized to sell poisons included in either Part I or Part 1 of the Poisons List shall sell any such poison unless the container of the poison is labelled in accordance with regulations and displays-
to
(a) the name of the poison;
(6) in the case of a preparation of which one or more of the ingredients is a poison, particulars as to the proportion cach poison bears to the total of the ingredients in the preparation:
(c) the word "poison" or such other statement as may be prescribed in respect of that substance or class of sub- stance:
(d) the name of the seller of the poison and the address of
the premises in which it was sold.
Conditions of sale of Part II poisons.
Poisons to be labelled, etc.
28. (1) Nothing in sections 21, 22, 26 and 27 shall apply Exemption with
regard to medicines.
(e) 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) a medicine which, for the purpose of medical treatment, is supplied by a person who, although not a registered medical practitioner, practises medicine in a clinic in such circumstances that, by virtue of subsection (8) of section 8 of the Medical Clinics Ordinance, be is not by reason solely of such practice guilty of an offence under section 28 of the Medical Registration Ordinance, it, but only if, the medicine is supplied by him in the course of his practice in that clinic; or
(c) a medicine which is dispensed by an authorized seller of poisons on premises duly registered under this Ordin-
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(d) a poison forming part of the ingredients of a medicine which is supplied by an authorized seller of poisons on premises duly registered under this Ordinance.
if the provisions of this section are satisfied in relation thereto.
(Cap. 341)
(Cap. 161)
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