37
Appearance of counsel, etc.
List of
poisons for purposes of Ordinance.
Second Schedule.
23 & 24
Geo. 5,
c. 25, s. 17.
10.
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 Governor in Council under this Part, other than a direction given on the application of the person to whom it relates, shall take effect at the ex- piration of such period, not exceeding three months, as the Governor in Council may, having regard to all the circum- stances of the case, think fit to direct.
(3) Where a direction given by the Governor in Council 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 Governor in Council 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 substances contained in the list in the Second Schedule 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 authorised 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 authorised 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) The Governor in Council may from time to time by regulations amend or vary the said list as he thinks proper.
(4) 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.
(5) The said list as in force for the time being is in this Ordinance referred to as
Ordinance the expression
Poisons List.
C
the Poisons List and in this
**
poison means a poison in the
!
11
19.-(1) Subject to the provisions of this Part of this Prohibitions Ordinance it shall not be lawful-
and regula- tions with
(a) for a person to sell any poison included in Part I of respect to the Poisons List unless-
sale of poisons. 23 & 24 Geo. 5,
(i) he is an authorised 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;
(6) for a person to sell any poison included in Part II of the Poisons List, unless either-
(i) he is an authorised 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 parti- culars as to the proportion which the poison contained in the preparation bears to the total ingredients; and
33
(ii) with the word "
poison or other prescribed in- dication 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 under this Ordinance dispensing with or relaxing any of the requirements of this sub-section-
(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 authorised 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 certi- ficate required under paragraph (a) of this sub-section was given, the name and quantity the article sold, and the purposes for which it is stated by the purchaser to be re- quired; and
(ii) the purchaser has affixed his signature to the entry aforesaid.
c. 25, s. 18.
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