A 28
[Subsidiary]
CAP. 138]
Pharmacy and Poisons Regulations
[1987 Ed.
in terms which are calculated to lead to the use of the substance for the prevention or treatment of any ailment, infirmity or injury affecting the human body, not being terms which give a definite indication that the substance is intended to be used as, or as part of, a food or drink, and not as, or as part of, a medicine.
38A.
PART X
MISCELLANEOUS
Period of keeping of records.
Penalties.
L.N. 137/78. L.N. 85/87.
21128/40
L.N. 85/87.
39. All-
(a) poisons books;
(b) books kept under section 28(3);
(c) certificates given under section 22(1)(a) kept by authorized sellers of poisons;
(d) books or other form of records and documents required to be kept or retained by holders of wholesale poisons licences under regulation 28; and
(e) all records and documents required to be kept or retained by manufacturers under regulation 35,
shall be preserved by the authorized seller of poisons, holder of wholesale poison licence or manufacturer, as the case may be, in the premises in which the transaction recorded took place-
(i) for a period of 2 years from the date of the last entry therein; or
(ii) in relation to a certificate or document, for a period of 2 years from the date of the transaction.
40. (1) Any person who contravenes any of the provisions of regulation 9(1) or (4), 10, 10A, 11, 12, 15, 16(1) or (2), 18, 19, 20, 21(1) or (2), 22(2), (3), (4) or (5), 23(1), (2) or (3), 24, 25, 28, 30(1), 31(1), 32, 33(1), (2), (3), (4) or (5), 34, 35, 36(1) or (11), 38(1), or 39 commits an offence and is liable on conviction-
(a) for a first offence to a fine of $2,500;
(b) for a second offence to a fine of $5,000;
38A
(c) for a third or subsequent offence to a fine of $10,000 and to imprisonment for 12 months; and
(d) to a further fine of $1,000 for every day during which any offence continues subsequent to the date of the conviction for the offence.
(2) Any person who contravenes regulation 27 commits an offence and is liable on conviction to a fine of $10,000 and to imprisonment for 12 months.
A 28
[Subsidiary]
CAP. 138]
Pharmacy and Poisons Regulations
[1987 Ed.
in terms which are calculated to lead to the use of the substance for the prevention or treatment of any ailment, infirmity or injury affecting the human body, not being terms which give a definite indication that the substance is intended to be used as, or as part of, a food or drink, and not as, or as part of, a medicine.
38A.
PART X
MISCELLANEOUS
Period of keeping of records.
Penalties.
L.N. 137/78. L.N. 85/87.
21128/40
L.N. 85/87.
39. All-
(a) poisons books;
(b) books kept under section 28(3);
(c) certificates given under section 22(1)(a) kept by authorized
sellers of poisons;
(d) books or other form of records and documents required to be kept or retained by holders of wholesale poisons licences under regulation 28; and
(e) all records and documents required to be kept or retained
by manufacturers under regulation 35,
shall be preserved by the authorized seller of poisons, holder of wholesale poison licence or manufacturer, as the case may be, in the premises in which the transaction recorded took place-
(i) for a period of 2 years from the date of the last entry
therein; or
(ii) in relation to a certificate or document, for a period of 2
years from the date of the transaction.
40. (1) Any person who contravenes any of the provisions of regulation 9(1) or (4), 10, 10A, 11, 12, 15, 16(1) or (2), 18, 19, 20, 21(1) or (2), 22(2), (3), (4) or (5), 23(1), (2) or (3), 24, 25, 28, 30(1), 31(1), 32, 33(1), (2), (3), (4) or (5), 34, 35, 36(1) or (11), 38(1), or 39 commits an offence and is liable on conviction-
(a) for a first offence to a fine of $2,500;
(b) for a second offence to a fine of $5,000;
38A
(c) for a third or subsequent offence to a fine of $10,000 and to
imprisonment for 12 months; and
(d) to a further fine of $1,000 for every day during which any offence continues subsequent to the date of the conviction for the offence.
(2) Any person who contravenes regulation 27 commits an offence and is liable on conviction to a fine of $10,000 and to imprisonment for 12 months.
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