1964_PHARMACY_AND_POISONS_REGULATIONS — Page 6

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[Subsidiary]

CAP. 138]

Pharmacy and Poisons Regulations

[1987 Ed.

Provided that section 22 shall not apply to the sale or supply of any article by the manufacturer thereof or by a person carrying on a business in the course of which poisons are regularly sold by way of wholesale dealing, if—

(a) the article is sold or supplied to a person carrying on a busi- ness in the course of which poisons are regularly sold or are regularly used in the manufacture of other articles; and (b) the seller or supplier is reasonably satisfied that the pur- chaser requires the article for the purpose of that business. (2) Section 22(1) shall, in its application to sales exempted by section 32 and to the supply in the form of commercial samples of substances included in the First Schedule, be deemed to be satisfied if the person to whom the poison or sample is sold or supplied is known by the person in charge of the department of the business through which the sale or supply is effected to be a person to whom the poison or sample may properly be sold or supplied.

(3) Subject to paragraph (4), so much of section 22(3)(b) as requires an entry in the poisons book to be signed by the purchaser of a poison shall not, as respects the sale of a poison to a person for the purpose of his trade, business or profession, apply if the following requirements are satisfied-

(a) the seller shall obtain before the completion of the sale an order in writing signed by the purchaser stating his name and address, trade, business or profession, the name and quantity of the article to be purchased, and the purpose for which it is required;

(b) the seller shall be reasonably satisfied that the signature is that of the person purporting to have signed the order, and that that person carries on the trade, business or profession stated in the order, being one in which the poison to be purchased is used; and

(c) if the article sold is sent by post, it shall be sent by

registered post.

(4) Where a person represents that he urgently requires a poison for the purpose of his trade, business or profession, the seller may, if he is reasonably satisfied that the person so requires the poison and is, by reason of some emergency, unable before delivery either to furnish to the seller an order in writing duly signed or to attend and sign the entry in the book, deliver the poison to the purchaser on an undertaking by the purchaser to furnish such an order within 48 hours next following.

(5) Any purchaser by whom an undertaking under paragraph (4) has been given who fails to deliver to the seller a signed order in accordance with the undertaking, or any person who for the purpose of obtaining delivery of any poison makes a statement which is to his knowledge false in any material particular shall be guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 12 months.