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Consolidated Legislation - 1978 Edition |
LAWS OF FIJI
1978 Edition
CHAPTER 115
PHARMACY AND POISONS
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ARRANGEMENTS OF SECTIONS
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PART I - PRELIMINARY
SECTION
1. Short title.
2. Interpretation.
3. Meaning of "sale".
4. Meaning of "adulteration".
PART II - ADMINISTRATION
5. The Pharmacy and Poisons Board.
6. Members of Board.
7. Meetings of the Board.
8. Board may summon person to attend and give evidence.
9. Chairman may administer oath.
10. Person failing to appear when summoned.
11. Person refusing to make oath or affirmation.
12. False testimony.
13. Liability of members.
14. Fees.
15. Power of search.
16. Secretary.
17. Persons eligible for appointment as inspectors.
18. Powers of inspectors.
19. Certificate of Government analyst.
PART III - PHARMACISTS
20. Register of Pharmacists.
21. Pharmacists how registered.
22. Persons eligible for registration.
23. Board may direct examination of applicant.
24. Registration of applicants.
25. Appeal against refusal of Board to register.
26. Copy of register to be published.
27. Fraudulent representation.
28. Amendments may be made in register.
29. Notification of change of address or death
30. Correction of register
31. Corporate body may carry on business of pharmacist.
32. Restriction on number of pharmacies.
PART IV - CONDUCT OF BUSINESS AS PHARMACIST
33. Grounds of cancellation of registration.
34. Removal of name from register.
35. Surrender of certificate of registration.
36. Persons other than registered pharmacists not to carry on business.
37. Death, unsoundness of mind or bankruptcy of pharmacist.
38. Name of pharmacist to be exhibited.
39. Pharmacists only to dispense.
40. Temporary licence.
41. Prescriptions to be signed.
42. Record of prescriptions.
43. Conduct of business by pharmacist.
44. Medical practitioners, etc., may dispense.
45. Automatic machines for vending medicines prohibited.
46. Restrictions on supply of certain medicines.
47. Certain advertisements prohibited.
48. British Pharmacopoeia.
PART V - SALE AND SUPPLY OF MEDICINES
49. Sale of drugs or medicines.
50. Medicine Licence.
51. Animal Medicine Licence.
52. Police to be notified of issue of licence.
53. Only drugs mentioned in licence may be sold.
54. Sale by wholesale of medicines or drugs.
55. Adulteration of drugs.
56. Sale of adulterated drugs.
57. Offence in relation to sales.
58. Reliance on written warranty a good defence.
59. Importation of drugs or medicines.
60. Lables on medicines imported.
61. Importation of certain drugs or appliances may be prohibited.
PART VI - POISONS
62. Importation and sale of poisons.
63. Pharmacists to be authorised sellers of poisons.
64. Poisons Licence.
65. Register of premises.
66. Prohibition and regulations with respect to the sale of poisons.
67. Exemption with respect to medicines.
68. Exemption with respect to sales wholesale and sales to persons.
69. Use of titles, emblems and descriptions.
70. Prohibition of sale of poisons by means of automatic machine.
PART VII - MISCELLANEOUS
71. Regulations.
72. General penalty.
73. Application of Customs law.
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PHARMACY AND POISONS
Ordinances Nos. 30 of 1937, 22 of 1938, 2 of 1945, 1 of 1951, 9 of 1955, 5 of 1958, 20 of 1960, 32 of 1962, 37 of 1966, 52 of 1968, 11 of 1970, Acts No. 14 of 1975, 24 of 1976
AN ACT TO PROVIDE FOR THE REGISTRATION OF PHARMACISTS AND TO CONTROL THE PRACTICE OF PHARMACY AND THE SALE AND DISTRIBUTION OF DRUGS AND POISONS AND FOR PURPOSES CONSEQUENTIAL THEREON
[1st January, 1938.]
PART I - PRELIMINARY
Short title
1. This Act may be cited as the Pharmacy and Poisons Act.
Interpretation
2. In this Act, unless the context otherwise requires -
"Board" means the Pharmacy and Poisons Board appointed under this Act;
"chairman" means the chairman of the Board appointed under this Act;
"drug" means any substance or mixture of substances used or intended for use, whether internally or externally, as a medicine for man; and includes -
(a) any substance or mixture of substances used for the purposes of the prevention, diagnosis, or treatment of any disease, ailment, disorder, deformity, defect, or injury of the human body; and
(b) anaesthetics; and
(c) soaps and dusting-powders; and
(d) disinfectants, germicides, antiseptics, and preservatives used for any purpose; (Inserted by 5 of 1958, s. 2.)
"member" means a member of the Board constituted under this Act;
"Permanent Secretary" means the Permanent Secretary for Health;
"poison" includes the several substances mentioned in the Poisons List in the Third Schedule;
"qualified veterinary surgeon" means any veterinary surgeon registered under the provisions of the Veterinary Surgeons Act; (Cap. 257.)
(Substituted by 37 of 1966, s. 39.)
"register" means the Register of Pharmacists registered under this Act; "registered dentist" means a dentist registered under the Medical and Dental Practitioners Act; (Cap. 255.)
(Substituted by 37 of 1966, s. 39 and amended by 14 of 1975 s. 26)
"registered medical practitioner" or "medical practitioner" or "duly qualified practitioner" means a medical practitioner registered under the Medical and Dental Practitioners Act; (Cap. 255.)
(Substituted by 32 of 1962, s. 2 and amended by 14 of 1975, s. 26)
"registered pharmacist" means a person registered under the provisions of this Act.
Meaning of "sale"
3.-(1) In this Act, unless the context otherwise requires, "sale" includes barter, and also includes offering or attempting to sell, or receiving for sale, or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered, or exposed for sale, and refers only to sale for human consumption or use; and "sell" has a corresponding meaning.
(2) For the purposes of this Act, every person shall be deemed to sell or to intend to sell any drug if he sells or intends to sell for human consumption or use any article of which the drug is a constituent.
(3) When any drug is sold or offered or exposed for sale it shall be deemed to be sold or, as the case may require, offered or exposed for sale, for human consumption or use, unless the contrary is proved.
(4) The purchase and sale, under the provisions of this Act of a sample of any drug for the purpose of analysis shall be deemed to be a purchase and sale of the drug for human consumption or use, unless the seller proves that the bulk from which the sample was taken was offered, exposed, or intended for sale for purposes other than human consumption or use. (Section inserted by 5 of 1958, s. 3.)
Meaning of "adulteration"
4. For the purposes of this Act, any drug shall be deemed to be adulterated -
(a) if it contains or is mixed or diluted with any substance which diminishes in any manner its beneficial properties as compared with the drug in a pure and normal state and in an undeteriorated and sound condition, or which in any other manner operates or may operate to the prejudice or disadvantage of the purchaser or consumer;
(b) if it contains or is mixed or diluted with any substance of a commercial value lower than that of a drug in a pure and normal state and in an undeteriorated and sound condition;
(c) if any substance or ingredient has been extracted or omitted therefrom, and by reason of such extraction or omission the beneficial properties of the drug as sold are less than those of the drug and its pure and normal state, or the purchaser or consumer is or may be in any other manner prejudiced. (Section inserted by 5 of 1958, s. 3.)
PART II - ADMINISTRATION
The Pharmacy and Poisons Board
5.-(1) For the purposes of this Act, there is hereby constituted an authority to be called the "Pharmacy and Poisons Board".
(2) The Board shall be a body corporate with perpetual succession and a common seal and shall be capable of suing and being sued.
(3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Board affixed to any document and shall deem that it was duly affixed.
Members of the Board
6.-(1) The Board shall consist of the Permanent Secretary and of three members who shall be appointed annually by the Minister:
(Amended by 52 of 1968 s. 2).
Provided that one member shall be a registered pharmacist who is in business in Fiji on his own account.
(2) The Permanent Secretary shall be ex officio chairman of the Board.
(3) The chairman and one member shall form a quorum.
(4) The chairman shall have an original vote and in the event of equality of voting a second or casting vote.
Meetings of the Board
7. All meetings of the Board shall be convened by the chairman by notice in writing of the other members of the Board specifying the time and place of meeting.
Board may summon person to attend and give evidence
8.-(1) For the purposes of this Act, the Board may by writing under the hand of the chairman summon any person to attend the meeting of the Board at a time and place named in the summons and then and there to give evidence and to produce any books, documents or writings in his custody or control which he is required by the summons to produce.
(2) The Board may in its discretion on the application of any party to any proceedings before the Board by writing under the hand of the chairman summon any person to appear as a witness before the Board.
Chairman may administer oath
9. The chairman of the Board may administer an oath to any person appearing before the Board, whether the witness has been summoned or appears without being summoned before the Board, and may examine the witness upon oath.
Person failing to appear when summoned
10. If any person served with a summons to attend the Board fails without reasonable cause to attend the Board or to produce any documents, books or writings in his custody or control which he was required by the summons to produce, he shall be guilty of an offence and shall be liable to a fine not exceeding one hundred dollars. (Amended by 2 of 1945, s. 112.)
Person refusing to make oath or affirmation
11. If any person appearing as a witness before the Board refuses to be sworn or to make an affirmation or to answer any question relevant to the proceedings before the Board put to him by any member thereof, he shall be guilty of an offence and shall be liable to a fine not exceeding one hundred dollars:
Provided that nothing contained in this section shall render any person compellable to answer any question in respect of any matter which would have been protected from disclosure on the ground of privilege if the proceedings had been held in any court. (Amended by 22 of 1938, s. 3, and 2 of 1945, s. 112.)
False testimony
12. Any witness before the Board who knowingly gives false testimony touching any matter material to any inquiry shall be guilty of an offence and shall be liable to a fine not exceeding two hundred dollars or to imprisonment for any period not exceeding twelve months. (Amended by 2 of 1945, s. 112.)
Liability of members
13. The members of the Board shall not be personally liable for any act or default of the Board done or omitted to be done in good faith in administering this Act.
Fees
14.-(1) The Board may demand and in advance collect such fees as are prescribed.
(2) Such fees and all penalties and other moneys received or realized under this Act or under any regulations made hereunder shall be paid into the Consolidated Fund.
Power of search
15. Any person thereto authorised in writing by the chairman may enter into premises in which any pharmacist or licensed seller of poisons or medicines is carrying on business and may examine any books, papers, records or writings, drugs or medicines, whether patent or otherwise, or any article stored or offered for sale or used in the business.
Secretary
16.-(1) The Minister may appoint from time to time a secretary to the Board.
Inspectors
(2) The Minister may appoint inspectors for the purposes of enforcing the provisions of this Act or any regulations made thereunder.
Persons eligible for appointment as inspectors
17. No person who is not a registered medical practitioner or a registered pharmacist shall be eligible for appointment as an inspector under this Act.
Powers of inspectors
18. For the purposes of enforcing the provisions of this Act or regulations made thereunder any inspector so appointed shall have the power at all reasonable times to enter upon the premises of any registered pharmacist or licensed seller of poisons or medicines and to inspect any books, papers, records or writings, drugs or medicines, whether patent or otherwise, or any article stored or offered for sale or used in the business, and shall have the power at all reasonable times to enter any premises in which he has reasonable cause to suspect that a breach of the law has been or is being committed and to make such examination and inquiry and to do such other things (including the taking on payment therefor of samples) for the purpose of ascertaining whether the provisions aforesaid are being complied with.
Certificate of Government analyst
19. In any proceedings under this Act a document purporting to be a certificate signed by the Government analyst stating results of an analysis made by him shall be admissible as prima facie evidence of the matters stated by him.
PART III - PHARMACISTS
Register of Pharmacists
20. The Board shall keep a register to be called the "Register of Pharmacists".
Pharmacists how registered
21.-(1) A person shall be registered by the entry in the register of his name and such other particulars relating to him as are prescribed.
(2) Every such entry in the register shall be signed by the registrar of the Board.
(3) The Permanent Secretary shall be the registrar.
Persons eligible for registration.
22. Any person who is of good fame and character and who has passed the final examination of the Pharmaceutical Society of Great Britain or Northern Ireland or of any Pharmacy Board, Society or College of any country, state or territory of the Commonwealth mentioned in the First Schedule may be registered under the provisions of this Act.
(Amended by 22 of 1938, s. 4, and 37 of 1966, s. 39.)
Board may direct examination of applicant
23.-(1) The Board may direct that any pharmacist applying for registration as a pharmacist shall pass an exmination and for that purpose may appoint an examination board consisting of the Permanent Secretary as chairman and of two members who shall be registered pharmacists.
(2) The Board may prescribe fees for such examination not exceeding ten dollars.
Registration of applicants
24. When any person has applied to be registered and has proved to the satisfaction of the Board that -
(a) he has attained the age of twenty-one years;
(b) he is entitled to be registered by virtue of compliance with the requirements mentioned in section 22; and
(c) that the certificate or diploma testifying to his qualification was after examination duly obtained by him from such a Society, Board or College as is specified in section 22 and in the period in which he has held the certificate or diploma his name has not been removed from the register of any country, state or territory for any cause which would on its happening disqualify him from being registered under this Act and has not been removed from the register of persons entitled to practise pharmacy in the country, state or territory concerned,
the Board may cause the person to be registered by entering in the register his name and such other particulars as may be prescribed and issue to him upon payment of the prescribed fee, a certificate in the prescribed form.
(Amended by 37 of 1966, s. 39.)
Appeal against refusal of Board to register
25.-(1) If the Board refuses to register any person under this Act, the Board shall, if required by such person, state in writing the reasons for such refusal.
(2) Such person may thereupon appeal to the Supreme Court.
(3) An appeal under this section shall be by way of special case in the same manner as provided for under section 31 and the Board shall, if the Supreme Court so orders, register the said person.
Copy of register to be published
26.-(1) During the month of January in each year the Board shall cause to be published in the Gazette a true copy of the register.
(2) A copy of the register so published shall be prima facie evidence of the registration of the persons named therein.
Fraudulent representation
27. Any person who procures himself to be registered under this Act by means of any false or fraudulent representations or by the production of any false certificate or diploma shall be guilty of an offence and shall be liable to a fine not exceeding two hundred dollars or to imprisonment for any period not exceeding twelve months. (Amended by 2 of 1945, s. 112.)
Amendments may be made in register
28. Any registered pharmacist who obtains or already possesses any higher degree or any qualification other than the one qualification in respect of which he is registered may have such higher degree or additional qualification inserted in the register without payment of any additional fee.
Notification of change of address or death
29.-(1) Any registered pharmacist who changes his professional address shall forthwith give notice of the fact in writing to the chairman of the Board.
(2) The Registrar-General on registering the death of any pharmacist shall forthwith give notice in writing thereof to the chairman of the Board.
Correction of register
30.-(1) The Board shall remove from the register the name of any registered pharmacist who has died, and may make such alterations and amendments in the register as it thinks fit.
(2) The Board may by notice in writing to any registered pharmacist addressed to him by registered post according to his address in the register inquire whether he has changed his address or residence, and, if an answer is not returned to such notice within six months after the date of the posting thereof, the Board may remove the name of such person from the register.
(3) The name of any registered pharmacist removed from the register under this Part may be restored by the Board. (Amended by 22 of 1938, s. 5.)
Corporate body may carry on business of pharmacist
31.-(1) Subject to the provisions of this section a body corporate carrying on a business which comprises the retail sale of drugs shall be an authorised seller of poisons within the meaning of this Act if the following conditions are complied with:-
(a) the business shall, so far as concerns the keeping, dispensing and compounding of drugs and poisons, be under the management of a superintendent in relation to whom the following requirements are fulfilled -
(i) he shall be a registered pharmacist;
(ii) a statement in writing signed by him on behalf of the body corporate stating his name and stating whether or not he is a member of the board of directors shall have been sent to the registrar;
(iii) he shall not be acting at the time in a similar capacity for any other body corporate; and
(b) in each set of premises where the business is carried on the business shall, so far as concerns the retail sale of drugs, if not under the personal control of the superintendent, be carried on subject to the directions of the superintendent under the personal control of a manager or assistant who is a registered pharmacist; and
(c) the name and the certificate of registration of the person having the control of the business as aforesaid, whether he is the superintendent or some other person, shall be conspicuously exhibited in the premises; and
(d) all the share capital of the body corporate is owned by registered pharmacists:
Provided that the provisions of this paragraph shall not apply to any body corporate which was, on the 19th day of November, 1968, lawfully carrying on any business which comprised the retail sale of drugs for the purposes of this subsection. (Inserted by 52 of 1968 s.3.)
(2) Notwithstanding the restrictions imposed by the provisions of this Act on the use of certain titles, emblems and descriptions, a body corporate which is an authorised seller of poisons may, if all the members of the board of directors are registered pharmacists use the description of "chemist and druggist" or of "chemist" or of "druggist" or of "dispensing chemist" or of "dispensing druggist" and may use the description of "pharmacy" in connexion with the business:
Provided that nothing in this subsection shall authorise the use of any of the said descriptions in or upon any premises which are for the time being disqualified under this section from being registered in the Register of Premises or in connexion with any business so far as it is carried on in any premises so disqualified.
(3) If -
(a) a body corporate which is an authorised seller of poisons has been convicted of any offence under this Act; or
(b) any member of the board of directors or any officer of that body or any person employed by that body in carrying on the business has been convicted of any such criminal offence or been guilty of any such misconduct as in the opinion of the Board renders him or would, if he were a registered pharmacist, render him unfit to be on the register,
the Board may inquire into the case and may, subject to the provisions of this Act, direct -
(i) that the body corporate shall cease to be an authorised seller of poisons and be disqualified for such period as may be specified in the direction from being an authorised seller of poisons; or
(ii) that any or all of the premises of the body corporate shall be removed from the Register of Premises and be disqualified for such period as may be specified in the direction from being registered therein.
(4) If the Board thinks fit in any case so to do it may either on its own motion or on the application of the body corporate concerned direct that any disqualification imposed under this section shall cease:
Provided that where an appeal has been brought to the Supreme Court against a direction involving a period of disqualification a direction under this subsection for a cessor of any disqualification subsisting by virtue of any direction as originally given shall not take effect unless approved by the Minister.
(5) Any body corporate which has been disqualified in pursuance of this section may appeal by way of special case to the Supreme Court on any question of fact or law affecting the aforesaid disqualification, and the Board shall, if the Supreme Court so orders, set aside the disqualification.
Restriction on number of pharmacies
32.-(1) Except as otherwise provided by this Act -
(a) no body corporate, either alone or in partnership, shall, without the consent of the Board, establish or carry on in more than one set of premises any business which comprises the retail sale of drugs for the purposes of section 31; and
(b) no pharmacist or other person, either alone or in partnership, shall, without the consent of the Board, establish or carry on the business of a pharmacist in more than one set of premises:
Provided that any body corporate or any pharmacist who was, on the 19th day of November, 1968, either alone or in partnership, lawfully carrying on such business in more than one set of premises may, subject to the provisions of this Act, carry on such business in those premises.
(2) The Board may, where it considers it to be in the public interest, give its consent to a body corporate or to a pharmacist, either alone or in partnership, to establish or carry on such business as aforesaid in two, but not more than two, sets of premises. (Section, inserted by 52 of 1968 s. 4.)
PART IV - CONDUCT OF BUSINESS AS PHARMACIST
Grounds of cancellation of registration
33.-(1) The Board shall remove from the register the name of any person -
(a) whose registration has been obtained by fraud or misrepresentation;
(b) who has ceased to possess or does not possess the qualifications in respect of which he was registered;
(c) who has been convicted whether in Fiji or elsewhere of an indictable offence or of any other offence which in the opinion of the Board renders him unfit to practise;
(d) who has been certified to be of unsound mind; or
(e) who is deemed by the Board guilty of -
(i) habitual drunkenness or habitual addiction to any drug;
(ii) such improper conduct as in the opinion of the Board renders him unfit to be allowed to continue to practise as a pharmacist.
(2) If the Board removes the name of any person from the register it shall, if so required by him, state in writing the reason for the removal.
(3) Any person whose name has been removed from the register in pursuance of this section may appeal by way of special case as aforesaid to the Supreme Court to have his name restored to the register, and the Board shall, if the Supreme Court so orders, restore his name to the register.
Removal of name from register
34.-(1) Before removing from the register the name of any person the Board shall make due inquiry, and such person may be represented by a barrister and solicitor or agent who may examine witnesses and address the Board on his behalf.
(2) Pending the hearing of a charge against any person the Board may suspend the registration of that person who shall thereupon cease to practise.
Surrender of certificate of registration
35. Any person whose name is removed from the register under section 33 shall, within fourteen days after the posting of a notice demanding the return of his certificate of registration, surrender his certificate to the Board for cancellation, and any person who fails so to do shall be liable to a fine not exceeding $10 for every day after the period of fourteen days during which the certificate is not returned. (Amended by 2 of 1945, s. 112.)
Persons other than registered pharmacists not to carry on business
36.-(1) Subject to the provisions of subsection (2), any person other than a registered pharmacist who carries on or attempts to carry on in any place or on any occasion the business of a pharmacist or pretends to be a pharmacist or assumes or uses the title of pharmaceutical chemist, pharmacist, druggist, homeopathic chemist, dispensing chemist or of member of any Pharmaceutical Society or Board or takes or uses in connexion with the sale of goods the title of chemist shall be guilty of an offence. (Amended by 52 of 1968, s. 5)
(2) Any person other than a registered pharmacist who, either alone or in partnership with a registered pharmacist, is the owner or part owner of the business of a pharmacist, shall be guilty of an offence:
Provided that the provisions of this subsection shall not apply to any person who was on the 19th day of November, 1968, the owner or part owner of such a business in respect of one set of premises within a radius of one mile from the place where the business of that pharmacy was at that date being carried on.
(Inserted by 52 of 1968, s. 5.)
(3) No person shall use in connexion with any business any title, emblem or description reasonably calculated to suggest that he or anyone employed in the business possesses any qualification with respect to the selling, dispensing or compounding of drugs or poisons other than the qualification which he in fact possesses.
For the purposes of this subsection the use of the description "pharmacy" in connexion with a business carried on on any premises shall be deemed to be reasonably calculated to suggest that the owner of the business and the person having the control of the business on those premises are registered pharmacists.
(4) If any person acts in contravention of the foregoing provisions of this section he shall be liable in respect of each offence to a fine not exceeding one thousand dollars and in the case of a continuing offence to a further fine not exceeding fifty dollars for every day subsequent to the day on which he is convicted of the offence during which the offence continues.
Death, unsoundness of mind or bankruptcy of pharmacist
37.-(1) Subject to the provisions of this section if a registered pharmacist who is an authorised seller of poisons dies or becomes of unsound mind or is adjudicated bankrupt or enters into any arrangement with his creditors, any representatives who thereafter carry on his business in accordance with the conditions hereinafter specified and are persons in relation to whom the requirements of this section are satisfied shall, for the purposes of that business and during the period specified in subsection (4), be authorised sellers of poisons within the meaning of this Act and be entitled to use in conjunction with the business name of the pharamacist such titles, emblems and descriptions as might have been used by the pharmacist.
(2) The conditions referred to in subsection (1) are as follows:-
(a) in each set of premises where the business is carried on, the business, so far as concerns the retail sale of drugs, shall be under the personal control of a registered pharmacist; and
(b) the name of certificate of registration of the person having the control of the business as aforesaid shall be conspicuously exhibited in the premises.
(3) The requirements to be satisfied under the provisions of subsection (1) in relation to the representatives are that their names and addresses shall be registered with the registrar together with a statement of the name of the pharmacist whose representatives they are.
(4) The period referred to in subsection (1) shall be -
(a) in the case of the death of a pharmacist, a period of five years from the date thereof;
(b) in the case of the unsoundness of mind or bankruptcy of a pharmacist, a period of three years from the date when he became of unsound mind or was adjudicated bankrupt;
(c) in the case of an arrangement with the creditors of a pharmacist, a period of three years from the date when the representatives became entitled thereunder to carry on his business;
or such longer period as on the application of the representatives the Board may, having regard to all the circumstances of the case, think fit to direct.
(5) If a representative or a person employed by the representatives in the carrying on of the business has been convicted of any such criminal offence or been guilty of any such misconduct as in the opinion of the Board renders him or would, if he were a registered pharmacist, render him unfit to be on the register, the Board, after making inquiry into the case, may, subject to the provisions of this Act, direct that the representatives shall cease to be authorised sellers of poisons and cease to be entitled to use the titles, emblems and descriptions which might have been used by the pharmacist.
(6) In this section the expression "representative" means an executor, administrator, trustee or committee or a person authorised to exercise in relation to a person of unsound mind not so found by inquisition any of the powers of a committee and includes, in respect of the period of three months after the death of a pharmacist leaving no executor who is entitled and willing to carry on his business, any person beneficially interested in the estate of the pharmacist.
Name of pharmacist to be exhibited
38. Every pharmacist and every person or assistant under whose conduct or management the business of a pharmacist is carried on shall have his name legibly painted or written and continually so maintained on a conspicuous place on the front of the building where the business is carried on.
Pharmacists only to dispense
39. Save as hereinafter provided no person other than a registered pharmacist or a bona fide assistant to a registered pharmacist under the immediate and personal supervision and control of a registered pharmacist shall dispense or compound for fee or reward any drug or medicine:
Provided always that this section shall not apply to the employment of medical practitioners in public hospitals or dispensaries.
(Amended by 9 of 1955, s. 14, 37 of 1966, s. 39, 14 of 1975 s. 26, and 24 of 1976 s. 7.)
Temporary licence
40.-(1) The Board may upon the application of any registered pharmacist issue a temporary permit to a pharmacist who possesses the qualifications mentioned in section 22 to act as locum tenens for such registered pharmacist for a period of three calendar months from the date of issue of the permit.
(2) The Board may renew any such permit for a further period of three months but not for any longer period.
(3) The Board shall prescribe fees for such permit.
Prescriptions to be signed
41.-(1) A medical practitioner shall not issue a prescription unless the prescription is signed by him with his usual signature or is written on paper on which is printed his surname and the initials of his Christian names and bears the date on which the prescription was issued.
(Amended by 32 of 1962, s. 3, and 14 of 1975 s. 26.)
(2) A prescription issued by a qualified veterinary surgeon shall, in addition to fulfilling the conditions laid down in subsection (1), bear the words "for veterinary purposes only".
(3) A prescription issued by a registered dentist shall, in addition to fulfilling the conditions laid down in subsection (1), bear the words "for dental purposes only".
Record of prescriptions
42.-(1) Every pharmacist shall as prescribed record in a book, hereinafter called the "prescription book", to be kept by him for that purpose every prescription of any medical practitioner or medical officer dispensed, compounded or made up or supplied by him. (Amended by 32 of 1962, s. 4.)
(2) Every prescription whether issued by a registered medical practitioner, qualified veterinary surgeon or registered dentist containing any of the drugs as are prescribed in the Dangerous Drugs Act shall be retained in the custody of the pharmacist dispensing the same for a period of two years and filed in the pharmacy as prescribed by the said Act. (Cap. 114)
(3) The prescription book shall be open for inspection by any inspector appointed under section 16.
Conduct of business by pharmacist
43. A pharmacist shall not -
(a) keep or maintain any shop for selling or supplying medicines or drugs or for dispensing or compounding prescriptions unless such shop is while open for business constantly under his own control or that of some other registered pharmacist as an assistant or agent of a registered pharmacist;
(b) permit any person other than a bona fide assistant or apprentice in the course of his employment and under the actual personal supervision of a registered pharmacist to sell or supply medicines or drugs or compound or dispense medicines or drugs;
(c) permit any person other than a registered pharmacist to dispense or compound any prescription or supply any medicine or drugs containing any of the dangerous drugs as prescribed in the Dangerous Drugs Act; Cap. 114
(d) carry on business except under the actual personal supervision of himself or some other registered pharmacist;
(e) practise pharmacy except under his own name;
(f) adopt the title "consulting chemist";
(g) give medical or surgical advice or aid except in his place of business and -
(i) in the case of simple ailments of common occurrence;
(ii) in the administration of antidotes in the case of acute poisoning;
(iii) in the application of immediate aid in cases of accident or injury; or
(iv) in urgent or emergent cases under the direct instructions of a registered medical practitioner or medical officer;
(Amended by 32 of 1962, s. 6.)
(h) allow his name to be used in connexion with the practice of pharmacy at any premises at which there is not a registered pharmacist in continual attendance; or
(i) aid or assist any person other than a registered pharmacist to practice pharmacy except in accordance with the provisions of this Act.
Medical practitioners, etc., may dispense
44. Every registered medical practitioner or qualified veterinary surgeon may dispense or compound any medicine or drugs for patients or animals without becoming a registered pharmacist:
Provided that a true and faithful record is made of every such prescription in the prescription book which shall be open for inspection by any inspector or person duly authorised by the Board for that purpose.
(Amended by 9 of 1955, s. 14, and 14 of 1975 s. 26.)
Automatic machines for vending medicines prohibited
45.-(1) Any person who -
(a) instals any automatic machine for the sale or supply of any drug or medicine or device for preventing conception or allows, permits or suffers any such automatic machine to be so installed;
(b) sells or supplies any drug or medicine by means of any such automatic machine;
(c) allows, permits or suffers any person to purchase or be supplied with or otherwise obtain any drug or medicine or device for preventing conception by means of any automatic machine,
shall be guilty of an offence and shall be liable to a fine not exceeding forty dollars and, in the case of a continuing offence, to a further fine of ten dollars for every every day subsequent to the day on which he is convicted of the offence during which the offence continues.
(Amended by 2 of 1945, s. 112. and 52 of 1968, s. 6.)
(2) For the purpose of subsection (1) "automatic machine" means any machine or mechanical device used or capable of being used for the purpose of selling or supplying goods without the personal manipulation or attention of the seller or of his employee or other agent at the time of the sale or supply.
Restrictions on supply of certain medicines
46.-(1) Any person other than a registered medical practitioner or a person acting under the direct instructions of such medical practitioner who attends upon, prescribes for or supplies any article as a drug, medicine, instrument or appliance to any person for the alleviation, cure or treatment of any venereal disease, whether in fact such person is suffering from such disease or not, or of any disease affecting the generative organs or functions or of sexual impotence or of any complaint or infirmity arising or relating to sexual intercourse or of female or menstrual irregularities or for the purpose of terminating pregnancy or of influencing the course of pregnancy shall be guilty of an offence and shall be liable to a fine not exceeding two hundred dollars. (Amended by 2 of 1945, s. 112.)
(2) Nothing in this section shall apply to -
(a) a registered pharmacist who dispenses to the patient of a registered medical practitioner the prescription of such medical practitioner if the prescription is dated and bears the address and the usual signature (including the surname) of the practitioner; or
(b) a registered pharmacist who in the ordinary course of his business sells or supplies any article as a drug, medicine, instrument or appliance (except such drugs, medicines, instruments or appliances as are prescribed) provided such drug, medicine, instrument or appliance is sold or supplied by such pharmacist for purposes other than those prescribed by this section;
(c) a registered nurse in the public service who, in the course of her duties, sells or supplies any drug, medicine, instrument or appliance in accordance with the instructions of the Permanent Secretary, registered dentists, registered veterinary surgeons, registered pharmacists, registered nurses or midwives.
Certain advertisements prohibited
47.-(1) No person shall publish any advertisement to promote the sale of any article as a medicine, instrument or appliance for the alleviation or cure of any venereal disease or any disease affecting the generative organs or of sexual impotence or any complaint or infirmity arising from or relating to sexual intercourse or of female or menstrual irregularities or for terminating or influencing the course of pregnancy or for preventing conception:
Provided that nothing in this subsection shall prevent the publication of such advertisements for promoting the sale of contraceptives as may be approved by the Minister.
(2) For the purposes of this section, the words "publish any advertisement" shall include the display, publication or dissemination of any notice, circular, label or other paper or document and any announcement made orally or by means of transmitting or producing light or sound.
(3) Nothing in this section shall apply to any publication made in good faith for the advancement of science or to any advertisement, notice or recommendation published by the authority of the Permanent Secretary or to any publication sent only to medical practitioners.
(Section amended by 32 of 1962, s. 6, 52 of 1968, s. 7, and 14 of 1975, s. 26.)
British Pharmacopoeia
48.-(1) Unless and until it is superseded or varied in pursuance of the power hereinafter contained, the British Pharmacopoeia as published in England under the direction of the General Council of Medical Education and Registration of the United Kingdom in the edition for the time being in force shall be the pharmacopoeia in force in Fiji as the standard of quality or composition for all drugs or medicines and for the method of preparation of all drugs or medicines and of compounding of all mixtures thereof, and for the purposes of this Act the metre and the gram shall be accepted respectively as legal units of measure and weight.
(Amended by 5 of 1958, s. 4.)
(2) The Board may from time to time prescribe variations of the standards or methods contained in the British Pharmacopoeia or that the same be superseded by such other standards and methods as the Board may prescribe.
(Inserted by 5 of 1958, s. 4.)
PART V - SALE AND SUPPLY OF MEDICINES
Sale of drugs or medicines
49.-(1) It shall not be lawful for any person who is not a registered pharmacist or the assistant, manager or bona fide apprentice of a registered pharmacist to sell by retail any drug or medicines whatsoever, whether protected by letters patent whether Imperial or of Fiji or not, except as prescribed by this Act.
(2) Nothing in this Act contained shall be construed to prohibit any licensed storekeeper from selling any of the articles mentioned in the Second Schedule.
(3) The Minister may on the advice of the Board by order add to or delete from the articles mentioned in the Second Schedule.
Medicine Licence
50.-(1) The Board may on the application of any licensed storekeeper grant such person a licence, called a "Medicine Licence", to sell such articles as the Board deems fit:
Provided that -
(a) where the premises of a licensed storekeeper are reasonably accessible by road no such licence shall be granted if such premises are less than five miles by the shortest available route by road from the place of business of a registered pharmacist;
(Substituted by 20 of 1960, s. 2.)
(b) no such licence shall be granted to sell any of the drugs or medicines to which the provisions of the Dangerous Drugs Act apply.
(Amended by 22 of 1938, s. 6.) (Cap. 114)
(2) Such licence shall be granted for a period not exceeding six months and may be renewed.
(3) The Board shall prescribe fees for such licence.
(4) The licence shall be in the form prescribed by regulations made under the provisions of this Act and shall state clearly the names of all articles which the licensee is permitted to sell.
(5) Every application for a licence under this section shall be accompanied by a report by the Commissioner of the Division in which the business is carried on.
Animal Medicine Licence
51.-(1) The Board may, on the application of any holder of a Poisons Licence issued under the provisions of section 60 grant to such person, in the prescribed form, a licence called an "Animal Medicine Licence" to sell such animal medicines as are specified in the Fourth Schedule subject to such conditions as may be prescribed or as may be imposed by the Board.
(2) The Minister may, at any time, amend the Fourth Schedule.
(3) The provisions of subsections (2) and (3) of section 50 shall apply to licences granted under the provisions of this section.
(Section inserted by 11 of 1970, s. 2.)
Police to be notified of issue of licence
52. Immediately on the granting of a licence the Board shall so inform the Commissioner or officer in charge of police of that Division in which the licence has been granted.
Only drugs mentioned in licence may be sold
53. It shall be lawful for a holder of such licence to sell or supply or cause or suffer to be sold or supplied by his assistant or manager only such drugs or medicines as, by virtue of such licence, he is entitled to sell or supply. Any person acting in contravention of this section shall be guilty of an offence and shall be liable to have his licence cancelled and also to a fine not exceeding forty dollars and in the case of a continuing offence to a further fine not exceeding ten dollars for every day subsequent to the day on which he is found guilty of such offence during which the offence continues. (Amended by 2 of 1945, s. 112.)
Sale by wholesale of medicines or drugs
54. It shall not be lawful for any person to sell any drug or medicine by wholesale to any person who does not possess a licence for the sale by retail of such drug or medicine.
Adulteration of drugs
55. Any person who adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely to be sold or used for, any medicinal purpose as if it had not undergone such adulteration shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding two years.
(Inserted by 52 of 1968, s. 9.)
Sale of adulterated drugs
56. Any person who, knowing that any drug or medical preparation has been adulterated in such a manner as to lessen its efficacy or change its operation or to render it noxious, sells the same, or offers, exposes it for sale or issues it from any dispensary for medicinal purposes as unadulterated or causes it to be used for medicinal purposes by any person not knowing of the adulteration shall be liable on conviction to imprisonment for a term not exceeding two years.
(Inserted by 52 of 1968, s. 9.)
Offence in relation to sales
57.-(1) Subject to such exceptions as may be prescribed by regulations made under the provisions of this Act, every person commits an offence who sells any adulterated drug without fully informing the purchaser, at the time of the sale, of the nature of the adulteration, unless the package in which it is sold has conspicuously printed thereon a true description of the composition of the drug so sold.
(2) Every person commits an offence who sells any drug -
(a) containing any substance of which the addition is prohibited by regulations under this Act or which does not comply with the standard prescribed therefor by this Act or any such regulations;
(b) containing a greater proportion of any substance than is permitted by regulations made under the provisions of this Act.
(3) Every person commits an offence who sells any drug in any package which bears or has attached thereto any false or misleading statement, word, brand, label or mark purporting to indicate the nature, quality, strength, purity, composition, weight, origin, age or proportion of the article contained in the package or of any ingredient thereof.
(Section inserted by 5 of 1958, s. 5, and amended by 14 of 1975, s. 26.)
Reliance on written warranty a good defence
58.-(1) Subject to the provisions of this section, it shall be a good defence in any prosecution for an offence against the provisions of section 57 if the defendant proves -
(a) that he purchased the article sold by him in reliance on a written warranty or other written statement as to the nature of the article purchased, signed by or on behalf of the person from whom the defendant purchased the article; and
(b) that if the article had truly conformed to the warranty or statement the sale of the article by the defendant would not have constituted the offence charged against him; and
(c) that he had no reason to believe or suspect that the article sold by him did not conform to the warranty or statement; and
(d) that at the time of the commission of the alleged offence the article was in the same state as when he purchased it.
(2) No warranty or statement shall be any defence under this section unless -
(a) it was given or made by or on behalf of a person resident in Fiji or a company having a registered office in Fiji or a firm having a place of business in Fiji; and
(b) the signature thereto is written by hand; and
(c) the defendant proves that at the time he received the warranty or statement he took reasonable steps to ascertain, and did in fact believe, that the signature was that of the person from whom he purchased the article, or, as the case may be, of some person purporting to sign on behalf of the person from whom the defendant purchased the article.
(3) No warranty or statement shall be any defence in any prosecution unless the defendant has within seven days after service of the summons delivered to the prosecutor a copy of the warranty or statement, with a written notice stating that he intends to rely thereon and specifying the name and address of the person from whom he received it, and has also within the same time sent by post a like notice of his intention to that person.
(4) When the defendant is a servant or agent of the person who purchased the article under such a warranty or statement as aforesaid, he shall be entitled to the benefit of this section in the same manner and to the same extent as his employer or principal would have been if he had been the defendant.
(Section inserted by 5 of 1958, s. 5.)
Importation of drugs or medicines
59.-(1) It shall not be lawful for any person to import for sale by retail any drug or medicine which under his licence he is not entitled to sell or supply.
(2) Any drug or medicine imported in contravention of this section shall be liable to confiscation and shall be disposed of in such manner as the Comptroller of Customs may direct.
(3) Any person importing or attempting to import any drug or medicine in contravention of this section shall be guilty of an offence and shall be liable for a first offence to a fine not exceeding twenty dollars and for a subsequent offence to a fine not exceeding two hundred dollars or imprisonment for a term not exceeding twelve months. (Amended by 2 of 1945, s. 112.)
(4) The provisions of the Customs Act shall apply to every suit or proceedings under this section. (Cap. 196.)
Labels on medicines imported
60.-(1) Any medicine imported into Fiji shall bear a label affixed to the container specifying legibly in English or in terms used in the British Pharmacopoeia each and every ingredient or such medicine:
Provided that, in the case of any medical preparation or patent medicine listed in the British Pharmacopoeia, the British Pharmaceutical Codex, the Australasian Pharmaceutical Formulary or any other formulary approved and notified in the Gazette by the Permanent Secretary, it shall be a sufficient compliance with the provisions of this subsection if the label bears legibly in English or the language of such formulary the name of such medical preparation or patent medicine.
(2) Where any medicine imported into Fiji contains any poison or poisons the label shall state the proportion which each such poison bears to the total contents. In the case of such proportion being stated as a percentage the statement shall indicate whether the percentage is weight in weight, weight in volume or volume in volume.
(3) Where any medicine imported into Fiji contains spirit, the label shall state the percentage by volume of proof spirit in such medicine.
(4) Any medicine imported into Fiji which does not bear a label complying in all respects with the provisions of this section shall be liable to confiscation and to be disposed of in such manner as the Comptroller of Customs may direct:
Provided that where the Permanent Secretary, or a person authorised in writing by the Permanent Secretary, to inquire into representations in that behalf, is within a period of three months from the date of importation satisfied by the importer that such medicine is not, and is not likely to be, injurious to the health of any person, he may certify in writing to the Comptroller of Customs his opinion to that effect and thereupon the Comptroller shall release such medicine from confiscation under this section. (Section substituted by 1 of 1951, s. 2.)
Importation of certain drugs or appliances may be prohibited
61. If in the opinion of the Permanent Secretary any drug, instrument or appliance brought into Fiji is or is likely to be injurious to the health or well-being of any person he may certify in writing to the Comptroller of Customs that the same should not be allowed to be imported:
Provided that this section shall not apply to drugs, medicines, instruments or appliances imported by registered medical practitioners, registered pharmacists, qualified veterinary surgeons or registered dentists for bona fide medical, veterinary or dental treatment.
PART VI - POISONS
Importation and sale of poisons
62.-(1) It shall not be lawful for any person to import any poison except under a licence issued by the Board upon such conditions as the Board may think fit:
Provided that this subsection shall not apply to the importation of poisons by registered medical practitioners, registered pharmacists, qualified veterinary surgeons or registered dentists for bona fide medical, veterinary or dental treatment. (Amended by 52 of 1968 s.10.)
(2) It shall not be lawful for any person to sell or deal in any of the several articles included in the Third Schedule, hereinafter referred to as the "Poisons List", except in the manner prescribed in this Act.
(3) The Minister may from time to time by order add items to or delete items from Part I or Part II of the Poisons List or may substitute a new Part or Parts for either or both such Parts. (Substituted by 8 of 1958, s. 6.)
(4) Any such order shall be published in the Gazette and on the expiration of three months from the publication thereof the Poisons List shall be deemed to be amended in accordance with such order. (Substituted by 8 of 1958, s. 6)
(5) Any person acting in contravention of subsections (1) and (2) or of any condition imposed under subsection (1) shall be liable to a fine of not less than forty dollars nor more than two hundred dollars and in the case of a continuing offence to a further fine of ten dollars for each day subsequent to the day on which he is convicted during which the offence continues.
(Amended by 2 of 1945, s. 112. and 52 of 1968 s. 10.)
Pharmacists to authorised sellers of poisons
63. For the purposes of this Act all registered pharmacists shall be authorised sellers of poisons and may, subject to the provisions of this Act, sell and deal in poisons.
Poisons Licence
64. On the application of any holder of a retail store licence and on payment of the prescribed fee the Board may issue to such person a licence to sell poisons, hereinafter referred to as a "Poisons Licence", provided that -
(a) such application is accompanied by a report signed by the Commissioner of the Division in which such retail store is situated certifying that the applicant is a fit and proper person to hold such licence;
(b) such licence shall only apply to one place of business;
(c) no licence shall be granted empowering the holder thereof to sell or deal in any poisons included in Part I of the Poisons List;
(d) such licence shall be for a period of six calendar months and may be renewed; and
(e) such licence shall state specifically the poisons or class of poisons which the holder is licensed to sell or deal in.
Register of Premises
65. The Board shall keep a book, to be called the "Register of Premises", which shall be in the form as prescribed by regulations made under this Act and in which shall be entered the addresses of all premises where drugs, poisons or medicines are licensed to be sold and such other particulars as may be prescribed by such regulations.
Prohibition and regulations with respect to the sale of poisons
66.-(1) Subject to the provisions of this Part it shall not be lawful -
(a) for a person to sell any poison included in Part I of the Poisons List unless -
(i) he is an authorised seller of poisons; and
(ii) the sale is effected on premises registered under the provisions of section 65; and
(iii) the sale is effected by or under the supervision of a registered pharmacist;
(b) 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 registered under the provisions of section 65; or
(ii) he is the holder of a Poisons Licence and the sale is effected on premises registered under the provisions of section 65;
(c) for a person to sell any poison, whether included in Part I or 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, with the prescribed particulars as to the proportion which the poison contained in the preparation bears to the total ingredients; and
(iii) with the word "poison" or other prescribed indication 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 Act dispensing with or relaxing any of the requirements of this subsection -
(a) it shall not be lawful to sell any poison in. Part I of the Poisons List to any person unless that person is either -
(i) certified 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:
Provided that no poison shall be sold or delivered to any person under the age of twenty-one years;
(b) the seller of any such poison shall not deliver it until -
(i) he has made or has caused to be made an entry in a book to be kept for that purpose, hereinafter called the "Poisons Book", 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 certificate required under paragraph (a) was given, the name and quantity of the article sold and the purpose for which it is stated by the purchaser it is required; and
(ii) the purchaser has affixed his signature to the entry aforesaid.
Exemption with respect to medicines
67.-(1) Nothing in section 66 shall apply -
(a) to 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 qualified veterinary surgeon for the purposes of animal treatment;
(b) to a medicine which is dispensed by a registered pharmacist at his place of business; or
(c) to a poison forming part of the ingredients of a medicine which is supplied by a registered pharmacist at his place of business:
Provided that the requirements contained in the following provisions of this section shall be satisfied in relation thereto.
(Amended by 32 of 1962, s. 8, 37 of 1966, s. 39, and 14 of 1975, s. 26.)
(2) The medicine shall be distinctly labelled with the name and address of the person by whom it was supplied or dispensed.
(3) On the day on which the medicine was supplied or dispensed or, if that be not reasonably practicable, on the day next following that day, there shall be entered in the prescription book the following particulars -
(a) the date on which the medicine was supplied or dispensed;
(b) the ingredients of the medicine and the quantity thereof supplied;
(c) if the medicine was dispensed by a registered pharmacist, the name or initials and, if it is known, the address of the person by whom and the name and, if it is known, the address of the person to whom, and the date on which, the prescription was given;
(d) if the medicine was not so dispensed, the name and address of the person to whom it was supplied:
Provided that the provisions of this subsection shall in the case of a medicine supplied on a prescription on which the medicine has been supplied by the seller on a previous occasion be deemed to be complied with if the day on which the medicine is supplied and the quantity thereof supplied are entered in the prescription book on that day or, if that is not reasonably practicable, on the day next following that day, together with a sufficient reference to an entry in that book duly recording the dispensing of the medicine on the previous occasion.
(4) In the case of a medicine which is supplied or dispensed by a registered pharmacist and is compounded by the person supplying or dispensing it or by a person in his employment, the medicine shall have been compounded or dispensed by or under the immediate and personal supervision of a registered pharmacist.
(5) In the case of a medicine which is supplied or dispensed by a registered pharmacist, the supplying or dispensing of the medicine shall be effected by or under the immediate and personal supervision of a registered pharmacist.
Exemption with respect to sales wholesale and sales to certain persons
68. Except as provided by regulations made under this Act nothing in the foregoing provisions of this Part shall extend to or interfere with -
(a) the sale of poisons by wholesale dealing:
Provided that -
(i) such sale is to a registered pharmacist or to a holder of a Poisons Licence; or
(ii) such sale is to a person who requires the article -
(aa) for the purposes of his trade or business; or
(bb) for the purposes of enabling him to comply with any requirements made by or in pursuance of any Act with respect to the medical treatment of persons employed by that person in any trade or business carried on by him; or
(b) the sale of an article to a registered medical practitioner, registered dentist or qualified veterinary surgeon for the purposes of his profession.
Use of titles, emblems and descriptions
69. It shall not be lawful for any holder of a Poisons Licence to use 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 Act entitled to sell, and if any person acts in contravention of this section he shall be liable in respect of each offence to a fine of not less than forty dollars or greater than one hundred dollars and in the case of a continuing offence to a further fine of ten dollars for each day subsequent to the day on which he was convicted of the offence during which the offence continues.
(Amended by 2 of 1945, s. 112.)
Prohibition of sale of poisons by means of automatic machine
70. It shall not be lawful for a poison to be exposed for sale in or offered for sale by means of an automatic machine, and any person acting in contravention of this section shall be liable to a fine of not less than forty dollars nor more than two hundred dollars and in the case of a continuing offence to a further fine of ten dollars for each day subsequent to the day on which he is convicted during which the offence continues.
(Amended by 2 of 1945, s. 112.)
PART VII - MISCELLANEOUS
Regulations
71.-(1) The Board, subject to the approval of the Minister, may make regulations with respect to any of the following matters or for any of the following purposes:-
(a) the manufacture of pharmaceutical preparations containing poisons;
(b) the sale, whether wholesale or retail, or the supply of poisons by or to any person or classes of persons and in particular but without prejudice to the generality of the foregoing provisions-
(i) for regulating or restricting the sale or supply of poisons by holders of a Poisons Licence and for prohibiting the sale of any specified or class of poisons by any class of such licensed sellers of poisons;
(ii) for prohibiting the sale by retail of poisons (being poisons included in Part I of the Poisons List in the Third Schedule) except on a prescription duly given by a duly qualified medical practitioner, registered dentist or qualified veterinary surgeon and for prescribing the form and regulating the use of prescriptons given for the purposes of regulations made under this paragraph;
(iii) for dispensing with or relaxing with respect of poisons any of the provisions contained in Part VI relating to the sale of poisons;
(c) the storage, transport and labelling of poisons;
(d) the containers in which poisons may be sold or supplied;
(e) the additions to poisons of specified ingredients for the purpose of rendering them readily distinguishable as poisons;
(f) the manufacture, compounding and dispensing of drugs and poisons;
(g) the period for which any books required to be kept for the purposes of Part VI are to be preserved;
(h) the period for which any certificate given under Part VI is to remain in force;
(i) for requiring persons in charge of the manufacture of pharmaceutical preparations containing poisons to be registered pharmacists;
(j) the meetings and proceedings of the Board and the conduct of the business thereof and the duties of its officers;
(k) the forms to be used in pursuance of this Act;
(1) the manner of keeping the registers and the particulars to be entered therein;
(m) the scale of fees to be charged and paid in respect of any application, registration, certificate or other proceedings, act or thing provided or required under this Act;
(n) the control of the professional conduct of registered pharmacists and the practice of the profession;
(o) for prescribing the standards or quality or composition of drugs or medicines and the methods or preparations of drugs or medicines and of compounding all mixtures thereof;
(p) for prohibiting the sale by retail of any drug except pursuant to the order or prescription of a medical practitioner, dentist or veterinary surgeon;
(q) the qualifications of apprentices and assistants and the conditions under which apprentices or assistants may be employed;
(r) the conditions (including the keeping of records) to be observed in the use of poisons for industrial or agricultural purposes;
(s) for prescribing anything which by this Act is to be prescribed by regulations. (Amended by 14 of 1975, s. 2b.)
(2) The power to make regulations under this section with respect to poisons includes the power to make regulations with respect to any class of poisons or any particular poison. (Section substituted by 5 of 1958, s. 7.)
General penalty
72.-(1) A person who acts in contravention of or fails to comply with any of the provisions of this Act or any regulations made thereunder for which no specific penalty is prescribed shall be liable to a fine not exceeding one hundred dollars and in the case of a continuing offence to a further fine not exceeding twenty dollars for every day subsequent to the day on which he is convicted of the offence during which the offence continues.
(Amended by 22 of 1938, s. 8, and 2 of 1945, s. 112.)
(2) In the case of proceedings against a person under this section 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
(b) any material fact known to the employee shall be deemed to have been known to the employer.
(3) Notwithstanding any provisions in any Act prescribing the period within which summary proceedings may be commenced proceedings for an offence under this Act may be commenced at any time within the period of twelve months next after the date of the commission of the offence or, in the case of proceedings instituted by or by the direction of the Director of Public Prosecutions, either within the period aforesaid or within the period of three months next after the date on which evidence sufficient in the opinion of the Director of Public Prosecutions to justify a prosecution for the offence comes to his knowledge, whichsoever period ends on the later date. For the purposes of this subsection a certificate purporting to be signed by the Director of Public Prosecutions as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof. (Amended by 14 of 1975, s. 26.)
Application of Customs law
73. Articles prohibited to be imported or of which the importation is restricted by virtue of this Act shall be deemed to be included among the goods the importation of which is prohibited or restricted under the provisions of any Act for the time being in force relating to the Customs and the provisions of such Act shall apply accordingly. (Substituted by 37 of 1966, s. 39.)
______
FIRST SCHEDULE
(Section 22)
(Amended by 22 of 1938, s. 9.)
New Zealand. Canada. New South Wales. Victoria. Western Australia. | South Australia. Queensland. Tasmania. South Africa. The Republic of Ireland. |
SECOND SCHEDULE
(Section 49 (2))
(Amended by Order in Council No. 4 of 1938 and Orders 12th Sept., 1957, 31st March, 1959, 22nd March, 1965, 30th April, 1971 and 28th January, 1975)
Epsom Salts. Glauber Salts. Castor Oil. Sulphur. Glaxo. Lactogen. Alum. Saltpetre. | Bicarbonate of Soda. Soda Crystals (Washing Soda). Cod Liver Oil. Eucalyptus Oil. Fluid Magnesia. Lucca Oil. Cream of Tartar. Glycerine. |
Articles purporting to be of medicinal or dietetic value produced or manufactured in China or India and used as such solely by the indigenous inhabitants of those countries provided that -
(a) they contain no dangerous drugs;
(b) they contain no poisons;
(c) they contain no substance the use of which is prohibited by section 57;
(d) they contain no animal substance; and
(e) each container has affixed to it a label stating clearly in the English Language the nature of its contents.
Tincture of Iodine (Liquor Iodi Mitis BPC).
Zinc Oxide Ointment.
Boracic Eye Lotion.
Soaps and dusting powders used for toilet purposes.
Aspirin Tablets and Powders. Compound tablets and powders containing aspirin in formulation with one or more of the following substances, caffeine, paracetamol, and salicylamide, and such formulations to be in dosage combinations consistent with the British Pharmacopoeia Codex.
Effervescent Saline Powders, and granules providing an antacid or laxative action.
Vapourising Ointments consisting of menthol and volatile oils in a soft paraffin base.
THIRD SCHEDULE
(Section 62 (2))
(Substituted by Order 27th July, 1977)
THE POISONS LIST
PART I
Acepromazine; its salts.
Aceprometazine.
Acetanilide, alkyl acetanilides.
Acetcarbromal.
Acetohexamide.
Acetophenazine; its salts.
Acetorphine; its salts; its esters and ethers; their salts.
Acetylcarbromal.
Acetyldihydrocodeine and its salt.
Acetyldihydrocodeinone; its salts.
Acetylpromazine; its salts.
Acetylstrophanthidin.
Adrenaline; its salts.
African Tea.
Alcuronium chloride.
Aletamine hydrochloride.
Alimemazine.
Alkali Fluorides, other than those specified in Part II of this list.
Alkaloids, the following; their salts, simple or complex; their quarternary compounds.
Acetyidihydrocodeinone; its esters.
Aconite, alkaloids of.
Apomorphine.
Atropine.
Belladonna, alkaloids.
Benzoylmorphine.
Benzylmorphine.
Brucine.
Calabar bean, alkaloids of
Coca, alkaloids of.
Cocaine.
Codeine.
Colchicum, alkaloids of.
Confine.
Cotarnine.
Curare, alkaloids of; curare bases.
Diacetylmorphine.
Dihydrocodeine.
Dihydrocodeinone; its esters.
Dihydrodesoxymorphine.
Dihydrohydroxycodeinone; its esters.
Dihydromorphine; its esters.
Dihydromorphinone; its esters.
Ecgonine; its esters.
Emetine.
Ephedra, alkaloids of.
Ergot, alkaloids of.
Ethylmorphine.
Gelsemium, alkaloids of.
Homatropine.
Hyoscine.
Hyoscyamine.
Jaborandi, alkaloids of.
Lobelia, alkaloids of.
Morphine.
Papaverine.
Pomegranate, alkaloids.
Quebracho, alkaloids of, other than the alkaloids of red quebracho.
Rauwolfia, alkaloids of, their serivatives, their salts.
Sabadilla, alkaloids of.
Solanaceous alkaloids not otherwise specified in this List.
Stavesacre, alkaloids of.
Strychnine.
Thebaine.
Veratrurn, alkaloids of.
Yohimba, alkaloids of.
Allnortoxiferin chloride.
Allylisoperopylactylurea.
Allyprodine and its salts.
Alphacetylmethadol and its salts.
Alphadolone acetate.
Alphameprodine; its salts.
Alphamethadol; its salts; its esters and ethers; their salts.
Alphaprodine and its salts.
Alphadolone
Alprenolol hydrochloride.
Alseroxylon.
Aluminium Phosphide.
Amantadine Hydrochloride.
Ambutonium Bromide.
Amfecloral; its salts.
Amidof ebrin.
Arnidopyrine; its salts, amindopyrine sulphonates; their salts.
Arninazin.
Amino-alcohols, esterified with benzoic acid, phenylacetic acid phenylproprionic acid, cinnamic acid or derivatives of these acids
their salts.
Aminobenz.
p-Aminobenzoic acid, esters of; their salts.
Aminocaproic acid.
Aminomercaptopurine.
Aminomercuric chloride.
Aminophenazone.
Aminopyrine.
Aminorex; its salts.
Amitriptyline; its salts.
Ammoniated mercury.
Amoxycillin.
Amphetamine and its salts.
Amphomycin and its salts, its esters and salts of such esters; or any substance, the chemical and biological properties of which are identical with or similar to this anti-microbal substance, but which is produced by means other than by living organisms.
Amphotericins; their salts and preparations or any substance, the chemical and biological properties of which are identical with or
similar to this antimicrobal substance, but which are produced by means other than by living organisms.
Ampicillin; its salts derivatives and preparations.
Amyl nitrite.
Androgenic, oestrogenic and progestational substances, the following:-
Benzoestrol,
derivatives of stilbene, dibenzyl or naphathalene with oestrogenic activity; their esters,
steroid compounds with androgenic or oestrogenic or progestational activity; their esters.
Anileridine; its salts.
Antihistamine substances; the following; their salts; their molecular compounds:-
Antazoline.
Bromodiphenhydramine.
Buclizine.
Carbinoxamine.
Cinnarizine.
Cyproheptadine.
Chlorcyclizine.
(p-Chlorophenylpyrid-2-ylmethyl) 2-dimethylaminoethyl ether.
Chlorpheniramine.
Clemizole.
Cyclizine.
3-Di-n-butylaminomethyl-4:5:6-trihydroxyphthalide.
Diphenhydrarnine.
Diphenylpyraline.
Doxylamine.
Isothepindyl.
Mebhydrolin.
Meclozine.
Phenyltoloxamine.
Phenindamine.
Pheniramine.
Promethazine.
Pyrrobutamine.
Thenalidine.
Tolpropamine.
Tripolidine.
Substances being tetra-substituted N derivatives of ethylenediamine or propylenediamine.
Antimony, chlorides; oxides of antimony; sulphides of antimony; antimonates; antimonites; organic compounds of antimony.
Arsenical substances, the following, except those specified in Part II of this list:
halides of arsenic.
oxides of arsenic.
arsenates.
arsenites.
organic compound of arsenic.
Azocyclonal; its salts.
Azathroprine; its salts.
Barbituric acid; its salts; derivatives of barbituric acid; their salts; compounds of barbituric acid; its salts; its derivatives; their salts, with any other substance.
Barium, salts of, other than barium sulphate and salts of barium specified in Part II of this list
Benactyzine; its salts.
Benapryzine hydrochloride.
Bencurine iodide.
Bendrofluazide.
Bendroflumethiazide.
Benzathidine and its salts.
Benzbromarone.
Benzhexol its salts.
Benzoctamine; its salts.
Benzoylmorphine and its salts.
Benzoylpseudotropine.
Benzphetamine and its salts.
Benzthiazide.
Benzethidine; its salts.
Benztropine; its salts.
Benzydroflumethiazide.
Benzyl, phenethyl or phenoxyethyl hydrazines, their x-methyl derivatives; acyl derivatives of any of the foregoing; salts of any compounds
comprised in this heading.
Benzylmethylamine; its salts and quaternary compounds.
Benzylmorphine; its salts; its esters and ethers; their salts.
Beta-aminopropylbenzene; its salts; its N-alkyl derivatives; their salts. Beta-aminoisopropylbenzene; its salts; its N-alkyl derivatives;
their salts.
Betacetylmethadol and its salts.
Beta-Chloralose.
Betahistine dihydrochloride.
Beta-hypophamine.
Betameprodine; its salts.
Betaprodine; its salts.
Betamethadol; its salts; its esters and ethers; their salts.
Betaprodine; its salts.
Bezitramide and its salts.
Bistropamide.
Bleomycin sulphate.
Bretylium tosylate.
Bromisovalerylurea.
Bromisovalum.
4-Bromo 2, S Dimethoxy-x-methyl Phenethylamide (Bromo-stp).
Bromomethane.
Brornvaletone; its salts.
Bumetanide.
Busulphan; its salts.
Butylchloral hydrate.
Butaperazine; its salts.
Buthalital sodium.
Buthalitone sodium.
Butyl aminobenzoate.
Cacodylic acid.
Calcitonin.
Calcium novobiocin.
Candicidin; its salts, its esters; their salts or any substance the chemical and biological properties of which are identical with or similar to this antimicrobal substances, but which is produced by means other than by living organisms.
Cannabis (the dried flowerings tops of Cannabis Sativa Linn); the resin of cannabis; tinctures of cannabis; cannabn tannat.
Cantharidates.
Cantharidin; cantharidates.
Capreomycin and its salts; its esters and salts of such esters.
Capreomycin, and its salts; its salts; its esters and salts of such esters.
Captodiame; its salts.
Caramiphen; its salts.
Carbachol.
Carbacholine.
Carbarnazepine.
Carbamoylcholine chloride.
Carbarsone.
Carbenicillin and preparations.
Carbazotic acid.
Carbethoxysyringoylmethylreserpate; its salts.
Carbochoral.
Carbostibarnide.
Carbromal.
Carfenazine; its salts.
Carisoprodol.
Carperidine its salts.
Carphenazine; its salts.
Cathine.
Cavalose.
Centrophenoxine hydrochloride.
Cephaloridine; its salts; its esters and salts of such esters or any substance the chemical and biological properties of which are identical with or similar to this antimicrobal substances, but which is produced by means other than by living organisms.
Cephalosporins, that is to say, antimicrobial substances containing in their chemical structure a fused dihydrothiazine B-lactam nucleus;
their salts; their esters and their salts or any substances the chemical and biological properties of which are identical with or
similar to this antimicrobal substance, but which is produced by means other than by living organisms.
Cevadine.
Chloral.
Chloral formamide.
Chloral hydrate.
Chloralurethane.
Chlorambucil; its salts.
Chloramphenicol and antimicrobial substances derived therefrom including homologues, substitution products and esterified compounds
and preparations or any substance the chemical and biological properties of which are identical with or similar to this antimicrobal
substances, but which is produced by means other than by living organisms.
Chlordiazepoxide; its salts.
Chlorethazine hydrochloride.
Chlorglypropamide; its salts.
Chlorhexadol.
Chlormerodrin.
Chlormeroprin.
Chlormethiazole.
Chlormethine; its salts.
Chlormethylencycline and preparations.
2-P-chlorophenyl-3-methylbutane-2:3-diol.
Chloropicrin.
Chlorothiazide and other derivatives of benzo-1:2:4-thiadiazine 7-sulphonamide
1:1-dioxide, whether hydrogenated or not.
Chlorphenoxamine; its salts.
Chlorphentermine and its salts.
Chlorproethazine; its salts.
Chlorproparnide; its salts.
Chlorprothixan.
Chlorprothixene and other derivatives of 9-methylenethiaxanthen; their salts.
Chloroform.
Chlortetracycline and preparations.
Chlorthalidone and other derivatives of o-chlorobenzene sulphonamide.
Choline chloride carbamate.
Cinchocaine.
Cinchophen.
Clofazimine.
Clomiphene.
Clomiprarnine hydrochloride.
Clomocycline and preparations.
Clonidine hydrochloride.
Clonitazene and its salts.
Clopamide.
Clopenthixol.
Cloperphenthixan.
Clorprenaline; its salts.
Clotixamide.
Clotrimazole.
Cloxacillin and preparations.
Cocculin.
Coccuius indicus.
Colchamine; its salts.
Colchicine; its salts.
Colistin its salts and preparations.
Corpus luteurn extracts.
Cortexolone; its salts; its esters, their salts; any acetal derivative and its salts.
Corticosteriods, that is to say, any substance which contains the chemical structure of pregn-4-ene-3, 20-dione, or of pregna-1, 4-diene-3,
20-dione and has the 11-carbon atom directly linked to oxygen, with the exception of flugestone; their esters and their salts; any
acetal derviative of a corticosteriod and its salts.
Corticotrophins, natural and preparations.
Corticotrophins synthetic and preparations.
Corticotropin and preparations.
Corynine.
Cotarnine, its salts and quaternary compounds.
Co-trimoxazole.
Creosote obtained from wood.
Cresols and preparations containing 60%w/w or more.
Cresylic acid and preparations containing 60% w/w or more.
Crotethamide.
Croton, oil of.
Cyanides other than ferrocyanides.
4-Cyano-2-dimethylamino-4: 4-diphenylbutane; its salts.
4-Cyano-l-methyl-4-phenylpiperidine; its salts.
Cyclarbamate.
Cyciofenil.
Cyclopenthiazide.
Cyclophospharnide its salts.
Cycloserine; its salts and preparations.
d-Cycloserine.
Cyclothiazide.
Cycrimine; its salts.
Cypenamine its salts.
Cytarabine.
Daturine.
Daunomycin Hydrochloride.
Daunorubicin Hydrochloride.
Deacetyl-lanatoside C.
Deanol 4-chlorophenoxyacetate hydrochloride.
Decamethonium iodide.
Dehydrobenzperidol.
1:2 Dehydrocortisone; its esters and preparations.
Dehydroemetine; its salts.
Dernecarium Bromide.
Demecolcine; its salts.
Demeclocycline; its salts and preparations.
Demethoxyreserpine its salts.
Demethylchortetracycline its salts or any substance, the chemical and biological properties of which are identical with or similar
to this antimicrobial substance, but which are produced by means other than by living organisms.
Desacetyl-lanatoside C.
Deserpidine, its salts.
Desipramine, its salts.
Deslanside.
Deslanoside.
Desmethylimipramine.
Desomorphine; its salts.
Dexamphetamine and its salts.
Dextromethorphan its salts.
Dextromoramide its salts.
Dextropropoxyphene; its salts.
Dextrophan; its salts.
Diacetylnalorphine; its salts.
Diacetyl N-allynormorphine, its salts.
Diallynortoxferine dichloride.
Diallymalonylurea.
Diallytoxiferine dichloride.
Diamethine.
Diamethine.
Diamorphine and its salts.
Diampromide and its salts.
Di-p-anisyl-p-phenetyl guanidine.
Diazepam and other compounds containing the chemical structure of dihydro-1:4 -
Benzodiazepine substituted to any degree; their salts.
Diazoxide.
Dibenzepin; its salts.
Dibenzyl derivatives with oestrogenic activity, their esters.
Dibucaine; its salts.
Dibucaine hydrochloride.
Dichoralphenazone.
Di-(2-chloroethyl) amine, N-substituted derivatives of.
Dichlorphenamide.
Dichlorphenarsine Hydrochlorides.
Dicloxacillin sodium.
Diethanolamine fusidate.
Diethazine; its salts.
Diethazine hydrochloride.
Diethylproprion; its salts.
N-Diethyoaminoethylephedrine; its salts.
Diethylmalonylurea.
Diethyithiambutene and its salts.
N, N-Diethyltryptamine and its salts.
Difenoxin.
Digitalis, glycosides of; other active principles of digitalis.
Diguanidines, polymethylene.
Diguanil.
Dihydro-1: 4-benzodiazepine compounds substituted to any degree, their salts. Dihydrocodeine and its salts.
Dihydrocodeinone-O-Carboxymethyloxime; its salts; its esters their salts. Dihydromethylmorphine; its salts; its esters and ethers;
their salts.
Dihydromorphine; its salts; its esters and others; their salts.
Dihydrostreptomycin; its salts and preparations.
Dihydrotheelin; its esters.
3-(3,4-Dihydroxyphenyl) alanine; its salts.
Diiodotyrosine.
Di-isopropyl fluorophosphate.
Di-isopropyl fluorophosphanate.
Dimenoxadole and its salts.
Dimepheptanoi.
Dimepropion.
1:4-Dimethanesulphonoxybutane; its salts.
2, 5-Dimethoxy-4, x-dimethlyphenethylamine and its salts.
Dimethylaminoantipyrine; its salts.
Dimethylaminophenazone; its salts.
Dimethyl 4-sulphamoylphenyl phosphorothionate.
Dimethylthiambutene and its salts.
N, N-Dimethyltryptamine and its salts.
Dimethltubocurarine salts.
Dinitronaphthols.
Dinitro-orthocresols.
Dinitrothymols.
Dinitrophenols; dinitronaphtols, dinitrothymols.
Dioxaphetyl butyrate and its salts.
Dipara-anisylphenetyl guanidine.
Diperocaine; its salts.
Diperodon; its salts.
Diphenoxylate and its salts.
Diphenylhydantoin sodium.
Dipipanone; its salts.
Disopyramide.
Distigmine Bromide.
Disulfiram.
Dithienylallylamine compounds; their salts.
Dixyrazine; its salts.
DOPA; its salts.
Dothiepin; its salts.
Doxapram; its salts.
Doxorubicin.
Doxycycline; its salts and preparations.
Droperidol.
Drotebanol; its salts; its esters and ethers, their salts.
Dyflos.
Eazamine hydrochloride.
Ecothiopate iodide.
Ectylcarbamide.
Ectylurea.
Elaterin.
Embutramide.
Emetic tartar.
Emylcamate.
Ephedrine; its optical isomers; their salts; their quaternary compounds; their salts, simple or complex.
Epinephrine its salts.
Epirenamine its salts.
Epithiazide.
Ergomonamine; its salts.
Ergonovine.
Ergot (the sclerotia of any species of Claviceps); extracts of ergot; tinctures of ergot.
Ergot alkaloids of whether hydrogenated or not; their homologues any salt of any substance falling within this item.
Erythritol tetranitrate.
Erythrityl tetranitrate.
Erythromycin; its salts; its esters; their salts and preparations containing any of them; any substance, the chemical and biological
properties of which are identical with or similar to this antimicrobial substance, but which is produced by means other than by living
organisms.
Erythrotetranitral.
Eserine; its salts and quaternary compounds.
Estrogenic substances conjugated.
Ethacrynic acid; its salts.
Ethafedrine its salts.
Ethaminal sodium.
Ethamycin.
Ethchlorvynol.
Ethinamate.
Ethionamide.
Ethoheptazine; its salts.
Ethopropazine; its salts.
Ethybenztropine; its salts.
Ethyl-aminobenzoate.
Ethyl-alcohol.
Ethylephedrine; its salts.
Etbylmethylthiambutene and its salts.
Ethylmorphine and its salts.
Ethylnoradrenaline; its salts.
Ethylstibamine.
Etonitazene and its salts.
Etophylate.
Etorphine; its salts, its esters and ethers; their salts.
Etoxeridine; its salts; its esters and ethers; their salts.
Euphoramin.
Fencamfamin; its salts.
Fenethylline; its salts.
Fenfluramine; its salts.
Fenmetramide; its salts.
Fenoprofen calcium salt.
Fenpipramide; its salts.
Fentanyl and its salts.
Ferruginous neurasthenic serum.
Flamazine.
Flavomycin; its salts; its esters and their salts.
Flavoxate; its salts.
Fluanisone.
Flucloxacillin and its preparations.
Flucytosine.
Flufenamic acid; its salts; its esters; their salts.
Flumethiazide.
Fluopromazine; its salts.
Fluorides, alkali except potassium and sodium.
Fluorouracil.
Flupenthixol; its salts.
Fluphenazine; its salts.
Flurazepam.
Formyl terchloride.
Fouadin.
Framomycin or any substance the chemical and biological properties of which are identical with or similar to this antimicrobial substance, but which is produced by means other than by living organisms.
Framycetin and its salts or any substance the chemical and biological properties of which are identical with or similar to this antimicrobial
substances, but which is produced by means other than by living organisms.
Furaltadone; its esters; its salts and their salts.
Furazolidone; its salts; its esters and their salts.
Furethidine and its salts.
Fusidic acid; its salts its esters an salts of such esters.
Gallamine; its salts and its quaternary compounds.
Galenomycin.
Gentamicin; its salts; its esters and salts of such esters or any substance the chemical and biological properties of which are identical
with or similar to this antimicrobial substances, but which is produced by means other than by living organisms.
Glibenclamide.
Glucophage.
Glutethimide; its salts.
Glybutamide.
Glyceryl trinitrate.
Glyceryl aminobenzoate; its salts.
Glyceryal trinitrate.
Glycobiarsol.
Glycodiazine.
Glykresin; its esters.
Glymidine.
Griseofulvin.
Guamecyline; its salts and preparations.
Guanidines, the following -
Polymethylene diguanidines; dipara-anisylphenetyl guanidine.
Hydrocyanic acid; cyanides; double cyanides of mercury and zinc.
Hachimycin; its salts; its esters; their salts or any substance the chemical and biological properties of which are identical with
or similar to this antimicrobial substance, but which is produced by means other than by living organisms.
Haloperiodol and other 4-substituted derivatives of N-(3-p-fluo-robenzoylpropyl) piperidine.
Heparin calcium.
Hexachlorophane.
Hexamethone salts.
Hexamethonium salts.
Hexarnine phenylcinchoninate.
Hexapropymate.
Hexamium salts.
Hydrazines, benzyl, phenethyl and phenoxyethyl; their x-methyl derivatives; acyl derivatives of any of the foregoing substances comprised
in this item; salts of any compounds comprised in this item.
Hydrochlorothiazide.
Hydrocodone and its salts.
Hydrocortamate hydrochloride.
Hydrocyanic acid.
Hydroflumethiazide.
Hydromorphinol; its salts; esters and ethers; their salts.
Hydromorphone; its salts; its esters and ethers; their salts.
Hydroxycarbamide.
Hydroxycinchoninic acids; derivatives of; their salts and their esters.
4-Hydroxymethyl-2:2-di-isopropyl 1-1:3-dioxolan.
14-Hydroxydihydro morphine; its salts; its esters and ethers; their salts.
Hydroxy-N: N-dimethyltryptamines; their esters or ethers; any salt of any substance falling within this item except bufotenine and
psilocin.
Hydroxyurea.
Hydroxypethidine; its salts.
Hydroxyzine; its salts.
Ibenzmethyzine.
Ibuprofen.
Idoxuridine.
Imipramine.
Indomethacin; its salts.
Insulin.
Iprindole; its salts.
Iron cacodylate.
Iproveratril; its salts.
Isoaminile; its salts.
Isobutyl aminobenzoate.
Isocarboxazid; its salts.
Isomethadone (isoamidone); its salts.
Isoniazid, its salts; its derivatives, their salts.
Isoprenaline; its salts.
Isoprophenamine; its salts.
Isopropylatrerenol; its salts.
Isopropyl meprobamate.
N-Isopropylethylnoradrenaline; its salts.
Is opropylnorandrenaline; its salts.
Isoproterenol; its salts.
Kanamycin and its salts or any substance the chemical and biological properties of which are identical with or similar to this antimicrobal
substances, but which is produced by means other than by living organisms.
Ketamine Hydrochloride.
Ketobemidone; its salts.
Ketoprofin.
Laudexium; its salts.
L-Dopa; its salts.
Lead acetates; compounds of lead with acids from fixed oils.
Levisoprenaline; its salts.
Levodopa; its salts.
Levomethorphan; its salts.
Levomoramide; its salts.
Levorphan; its salts.
Levophenacylmorphan; its salts; its esters and ethers; their salts.
Levopropoxyphene; its salts.
Levorphanol; its salts. its esters an ethers; their salts.
Lincomycins that is the S-Alkyl derivatives of 6-8 Dideoxy-6-trans (4-alkyl-1-2
Pyrollidine-Carboxamide)-1 Thio-D-erythro-2-D-Calacto-Octo-Pyranoside, and N-methylpyrollidine analogues thereof; salts of any of
these; their esters and salts of these.
Liothyronine.
Liothyronine sodium.
Lithium Fluoride.
Loperamide hydrochloride.
Lorazepam.
Lymecycline.
Lysergamide and its salts.
Lysergide and other N-alkyl derivatives of lysergamide; their salts.
Mannityl hexanitrate.
Mannomustine; its salts.
Mazindol.
Mebanazine.
Mebezonium iodide.
Mebutamate.
Meclofenoxate; its salts.
Medazepam.
Medocodene.
Mefenamic acid; its salts esters; their salts.
Melarsonyl Potassium.
Melarsoprol.
Melphalan.
Mepazine hydrochloride.
Mephenesin; its esters.
Mephentermine; its salts.
Meprobamate.
Mephenetoin its salts.
Mephenytoin; its salts.
Meralluride.
Merbromin.
6-Mercaptopurine.
Mercaptopurine; its salts; derivatives of mercaptopurine; their salts.
Mercuderamide.
Mercuhydrin.
Mercuric cyanide.
Mercuric sulphocyanide.
Mercurochrome.
Mercurophylline sodium.
Mercury ammoniated.
Mercury oleated.
Mercury organic compounds in aerosols.
Mercury, oxides of; nitrates of mercury; mercuric ammonium chlorides Potassiomercuric iodides; organic compounds of mercury which
contain a methyl (CH3) group directly linked to the mercury atom; mercuric oxycyanides; mercuric thiocyanate
Mercuzanthin.
Mersalyl.
Merthiolate.
Mescaline and its salts.
Mesoridazine; its salts.
Mesuridazine; its salts.
Methacortandracin.
Metanitrophenol; orthonitrophenol; paranitrophenol.
Metazocine; its salts; its esters and ethers; their salts.
Metformin; its salts.
Methacycline; its salts and preparations.
Methadol; its salts.
Methadone (amidone) its salts.
Methampyrone.
Methagyalone; its salts.
Methanthelinium bromide.
Methcarbomal.
Methdilazine.
Methadyl acetate; its salts.
Methoin; its salts.
Methicillin sodium.
Methixene; its salts.
Methocarbamol.
Methoin; its salts.
Methoserpidine; its salts.
Methotrimeprazine, its salts.
Methoxophenadein; its salts.
Methoxsalen.
10-Methoxydeserpidine; its salts.
Methoxyphenamine; its salts.
Methscopolamine bromide.
Methyclothiazide.
Methylacetanilide.
Methylamoniheptane.
Methylamphetamine and its salts.
Methylatropine bromide.
Methylbenzylhydrazine.
N-Methyl-2-(2-Methylbenzhydryloxy)-ethylamine; its salts.
Methyl bromide.
Methyldesomorphine; its salts.
Methyldihydromorphine; its salts.
9-Methylenethiaxanthen derivatives; their salts.
Methylpentynol; its salts.
Methylephedrine.
Methylphenidate; its salts.
2-Methylpentynol; its esters and other derivatives.
2-Methyl-3-morpholino-1: 1-diphenylpropane carboxylic acid; its salts its esters; their salts.
1-Methyl-4-phenylpiperidine-4-carboxylic acid; esters of; their salts.
Methylphenidate; its salts.
Methylprylone.
Methysulphonal.
Methysergide; its salts.
Metiguanide.
Metoclopramide; its salts.
Metolazone.
Metopimazine; its salts.
Metopon; its salts.
Mithramycin.
Mitoclomine; its salts.
Mitomen.
Mitopodozide; its salts.
Molindone hydrochloride.
Monofluroracetic acid; its salts.
Morazone.
Morpheridine; its salts.
Morphine; its salts; its esters and ethers; their salts its pentavalent nitrogen derivatives; their esters and ethers.
Morpholinylethylmorphine; its salts.
Mustine; its salts.
Myelobromol.
Myrophine; its salts.
Naepine Hydrochloride.
Nafcillin; its salts and preparations.
Naftidrofuryl oxalate.
Nalidixic acid; its salts and esters.
Nalorphine; its salts.
Naloxone hydrochloride.
Natamycin.
Neomycin; its salts and preparations or any substance the chemical and biological properties of which are identical with or similar
to this antimicrobal substances, but which is produced by means other than by living organisms.
Nialamide.
Niridazole.
Nitrazepam; its salts.
Nitrofurazone; its salts; its esters and their salts.
Nitrofurantoin; its salts; its esters and their salts.
Nitroglycerin.
Nitromin.
m-Nitrophenol.
p-Nitrophenol.
p-Nitrosulphathiazole.
o-Nitrophenol.
Noradrenaline; its salts.
Noramidopyrine methanesulphonate sodium.
Noracymethadol; its salts.
Norcodeine; its salts.
Normethadone and its salts.
Norlevorphanol; its salts; its esters and ethers, their salts.
Normorphine; its salts.
Nortriptyline; its salts.
Norethynodrel and ethinyloestradiol 3-methyl ether.
Norpipanone; its salts.
Novobiocin; its salts or any substance, the chemical and biological properties of which are identical with or similar to this antimicrobial
substances, but which is produced by means other than by living organisms.
Nux vomica.
Nystatin; its salts or any substance the chemical and biological properties of which are identical with or similar to this antimicrobal substance, but which is produced by means other than by living organisms.
Oestrogenic substance conjugated.
Oleandomycin; its salts; its esters and salts of such esters and their preparations or any substance, the chemical and biological
properties of which are identical with or similar to this antimicrobial substance, but which is produced by means other than by living
organisms.
Opium.
Oropramol hydrochloride.
Orciprenaline; its salts.
Orphenadrine; its salts.
Orthocaine; its salts.
Orthonitrophenol.
Ouabain.
Oxaminiquine.
Oxalic acid.
Oxazepam; its salts.
Oxethazaine.
Oxolinic acid.
Oxprenolol hydrochloride.
Oxycinchoninic acid, derivatives of; their salts, their esters.
Oxycinchophen.
Oxycodone; its salts; its esters; their salts.
Oxypertine hydrochloride.
Oxyphenbutazone.
Oxytetracycline; its salts and preparations or any substance the chemical and biological properties of which are identical with or
similar to this antimicrobial substance, but which is produced by means other than by living organisms.
Oxytocins natural and synthetic.
Oxymorphone; its salts.
Pancuronium Bromide.
Paracetaldehyde.
Paraldehyde.
Paramethasone.
Paramomycin; its salts, its esters and salts of such esters.
Para-aminobenzenesulphoriamide; its salts; derivatives of paraamino-benezenesul -phonamide having any of the hydrogen atoms in the
para-amino group or of the sulphonamide group substituted by another radicle; their salts.
Para-amino-benzoic acid; esters of; their salts.
Para aminosalicyclic acid; its salts; its esters.
Paramethadione.
Pecazine; its salts.
Pemoline; its salts.
Penethamate hydriodide.
Penicillin and Streptomycin or any preparation thereof or such other antimicrobial organic substances the chemical properties of which
are identical with others similar to those of the substances so described but not produced by living organisms.
Penicillamine; its salts.
Pentamethonium salts.
Pentazocin; its salts.
Pentresamide.
Perhexiline hydrogen maleate.
Pericyazine.
Perphenazine.
Pethidine; its salts.
Phenacaine hydrochloride.
Phenactropinium chloride.
Phenacemide.
Phenampromide; its salts.
Phenadoxoneits salts.
Phenatine; its salts.
Phenadoxone; its salts.
Phenazocin; its salts.
Phenbutrazate.
Phenelzine; its salts.
Phencyclidine; its salts.
Phendimetrazine; its salts.
Phenethylamine derivatives substituted in the aromatic ring (other than mescaline); their salts.
Phenetidylphenacetin.
Phenformin; its salts.
Pheniprazine; its salts.
Phenothiazine, derivatives of their salts; except dimethoxanate; its salts and promethazine, its salts and molecular compounds.
1-Phenyl-2-pyrrolidinopentane; its salts.
Phenols (any member of the series of phenols of which the first member is phenol and of which the molecular composition varies from
member to member by one atom of carbon and two atoms of hydrogen) except in substances containing less than sixty per cent weight
in weight of phenols; compounds of phenol with a metal except in substances containing less than the equivalent of sixty per cent
weight in weight of phenols.
Phenoperidine; its salts; its esters and ethers; their salts.
Phenomorphan; its salts.
Phenothiazine derivatives of their salts, except dimethoxanate; its salts and promethazine; its salts and molecular compounds.
3-(10-Phenothiazinyl) propane, substituted in the 1 position; its salts derivatives of 3-(10-Phenothiazinyl) propane substituted in
the 1 position; their salts.
Phenoxypropazine; its salts.
Phenylbutazone; its salts.
Phentermine; its salts.
Phenylacetamide; its salts.
Phenylcinchoninic acid; salicylcinchoninic acid; their salts; their salts. Phenylacetylcarbamide.
Phenylethydantoin; its salts; its acyl derivatives; their salts.
Phenlacetylurea.
5-Phenylhydantoin; its alkyl and aryl derivatives; their salts.
Phenylpropanolamine; its salts.
Phenylpropylmethylamine; its salts.
Pholcodeine; its salts.
Phospholine iodide.
Phosphorous yellow.
Physostigmine; its salts and quaternary compounds.
Picric acid.
Picrotoxin.
Pimafucin.
Piminodine and its salts.
Pimozide its salts.
Pipamazine.
Pipradol; its salts.
Piritramide; its salts.
Pituitary gland, the active principles of.
Pivhydrazine; its salts.
Pizotyline.
Podophyllum.
Polymethylenebistrimethylammonium salts.
Polymyxins; their salts and preparations or any substance, the chemical and biological properties of which are identical with or similar
to this antimicrobial substances, but which is produced by means other than by living organisms.
Polythiazide.
Potassium cyanide.
Practolol.
Pramindole; its salts.
Praxilene.
Prazitone; its salts.
Prozosin hydrochloride.
Procainamide; its salts.
Procarbazine; its salts.
Proycyclidine; its salts.
Profenamine.
Prolintane; its salts.
Propheptazine; its salts.
Propantheline bromide.
Propoxyphene; its salts.
Properidine and its salts.
Propiomazine and its preparations.
Propylhexedrine; its salts.
Propynylcyclohexanol carbamate.
Proquamezine; its salts.
Proseptasine.
Prostaglandin E2.
Prostaglandin F2.
Prothionamide.
Prostin F2.
Prothipendyl; its salts.
Prothixene; its salts.
Protriptyline; its salts.
Pseudoephedrine; its salts; its quaternary compounds; their salts simple or complex.
Pyranisamine.
Pyrathiazine.
Pyrazine-2-Carboxyamide; its salts (Pyrazinamide).
L-Pyroglutamyl-L-histidyl-L-proline amide.
Quinethazone.
Quinine; its salts except in preparations containing less than 10% of quinine or its salts (P1 only); S3 preparations containing not more than 1%, also soft drinks, wines or tonic wines and in preparations containing not more than 15% for use in manufacture of soft drinks, wines, tonic wines or confectionery.
Racemethorphan; its salts.
Racemoramide; its salts.
Racemorphan; its salts.
Rescinnamine.
Reserpine.
Rifamycins, that is to say a group of related antimicrobial macrolactams, either produced by the growth of Streptomyces mediterranei or by modification of such products, and containing the chemical structure of 11-acetoxy-7, 9, 15-trihydroxy-13-methoxy-2, 6, 8, 10, 12-pentamethylpentadeca-2, 4, 12-trienoic acid amide, attached by the nitrogen atom and by the oxygen atom in the 15-position respectively to the 7-and 2-positions of A 5, 6, 9-trioxygenated 2, 4-dimethyl-1-oxanophto (2, 1-b) furan; any salt or ester of a substance comprised in this entry and any salt of such ester or any substance comprised in this entry and any salt of such ester or any substance the chemical and biological properties of which are identical with or similar to this anti-microbial substances, but which is produced by means other than by living organisms.
Ristocetins and their salts or any substance the chemical and biological properties of which are identical with or similar to this
antimicrobial substance, but which is produced by means other than by living organisms.
Rolitetracycline; its salts and preparations.
Rimiterol hydrobromide.
Salazopyrin.
Salazosulphadimidine.
Salbutamol; its salts.
2-Salicylcinchoninic acid; its salts and esters.
Savin, oil of.
Sensibamine; its salts.
Sodium cacodylate.
Sodium cromoglycate.
Sodium cyanide.
Sodium 4-(dimethylamino) benzenediazo-sulphonate.
Sodium fusidate and preparations.
Sodium Glymidine.
Sodium monofluoroacetate.
Sodium moramidopyrine methansulphonate.
Sodium stibogluconate.
Sodium valproate.
Sotalol hydrochloride.
Spectinomycin; its salts; its esters; their salts or any substances the chemical and biological properties of which are identical with or similar to this antimicrobial substance, but which is produced by means other than by living organisms.
Spiramycin; its salts and preparations or any substance the chemical and biological properties of which are identical or similar to
this antimicrobial substance, but which is produced by means other than by living organisms.
Stilbamine glucoside.
Streptomycin; its salts derivatives and salts of such derivatives and their preparations or any substance the chemical and biological
properties of which are identical with or similar to this antimicrobial substance, but which is produced by means other then living
organisms.
Stropanthus; glycosides of.
Strychnine; its salts and quaternary compounds.
Styramate.
Sulphaquinoxalline.
Sulphonal, alkyl sulphonals.
Sulphomyxin sodium.
Suprarenal gland medulla, the active principles of their salts.
Suxamethonium; its salts.
Syrosingopine.
Tamoxifen citrate.
Tartar emetic.
Teclothiazide.
Terbutaline; its salts.
Tetrabenazine; its salts.
Tetracosactrin.
Tetracycline; that is to say, the antimicrobial substance containing the chemical structure Napthalene-2-carboxymide, hydrogenated
to any extent and having in each of the positions 1, 3, 10, 11 and 12 substituted by a hydroxyl or an oxo group and their salts.
Tetraethylthiuram disulphide.
Thalidomide; its salts.
Thebaine and its salts.
Thallium salts of.
Thiazinamium methyl sulphate.
Thebacon; its salts; its esters; their salts.
Thiethylperazine; its salts.
Thiocarlide; its salts.
Thioguanine; its salts.
Thioproper azine; its salts.
Thioridazine; its salts.
Thiosemicarbozone.
Thyrocalcitonin.
Thyroid Gland, the active principles of; their salts.
Thyroglobulin.
Tigloidine.
Timolol maleate.
Tiocarlide; its salts.
Tobramycin sulphate.
Tofenacin; its salts.
Tolbutamide; its salts.
Tranexamic acid.
Tranyleypromine; its salts.
Tretamine; its salts.
Triacetyloleanodomycin and preparations.
Triamterene.
Tribromethyl alcohol.
Tribromoethyl alcohol.
Tribromoethanol.
Trichlorbutylodene glycol.
Trichomycin.
Triclofos; its salts.
Triethanomelamine; its salts.
Trifluoperazine; its salts.
Tri-(2-Chloroethyl) amine; its salts.
Trifluoperiodol.
Tribexphenidyl; its salts.
Trimeperidine; its salts.
Trimeprazine; its salts.
Trimethadione.
Trimipramine; its salts.
Trimustine; its salts.
Trinitrogylcerin.
Trinitrophenol.
Trinuride.
Trophenium.
Tropicamide.
Tropine diphenylmethyl ether.
Troxidone.
Tybamate.
Tylosin; its salts; its esters and their salts.
Vancomycin, its salts or any substance the chemical and biological properties of which are identical with or similar to this antimicrobial
substance, but which is produced by means other than by living organisms.
Vasopressins; natural and synthetic.
Verapamil; its salts.
Viomycin; its salts and preparations or any substance the chemical and biological properties of which are identical with or similar
to this antimicrobial substance, but which is produced by means other than by living organisms.
Viocin sulphate.
Virginiamycin and preparations or any substance the chemical and biological properties of which are identical with or similar to this antimicrobial substance, but which is produced by means other than by living organisms.
Xylylanthranilic acid; its salts; its esters; their salts.
Zoxazolamine; its salts.
PART II
Accumulator acid.
Aldicarb.
Aigimycin.
Alkali metal fluorides.
Alpha- chloralose.
Ammonia.
Ammonium Biflouride.
Ammonium flouride.
Arsenical substances, the following:
Arsenic pentoxides.
Arsenic sulphides.
Arsenious oxide.
Calcium arsenates.
Calcium arsenites.
Copper acetoarsenites.
Copper arsenates.
Copper arsenites.
Lead arsenates.
Potassium arsenites.
Sodium arsenites.
Sodium thiorsenates.
Barium carbonate.
Barium silicoflouride.
Benzophenol and its homologues in preparations containing below 60% wlw
benzophenol or equivalent.
Ceresol.
Cerium oxalate.
Copper Diagnostic solution-tablets.
Creasote (obtained from wood).
Creosote (obtained from wood).
Cresols in preparations containing less than 60% w/w.
Cresylic acid in preparations containing less than 60% wlw.
Diamines, the following, their salts -
Phenylene diamines, tolylene diamines; other alkylated benzine diamines.
Dinitrocresols (DNC); their compounds with a metal or a base.
Dinosam; its compounds with a metal or a base.
Dinoseb; its compounds with a metal or a base.
B-(2-"3, 5-Dime thyl-2-oxocyclohexyl" -2-Hydroxycthly) Glutarimide.
Drazoxolon; its salts.
Endothal; its salts.
Endrin.
Fluhydric acid.
Fluoroacetarnide.
Formetanate.
Flouracetanilide.
Formaldehyde.
Formic acid.
Hydrochloric acid.
Hydroflouric acid; potassium flouride; sodium flouride; sodium silicofluoride.
Lysol.
Mercuric chloride; mercuric iodine; organic compounds of mercury except compounds which contain amethyl (CH3) group directly linked to the mercury atom.
Metallic oxalates.
Metaphenylenediamines; their salts.
Methidathion.
Methomyl.
Nicotine; its salts.
Nicotine dusts.
Nitric acid.
Nitrobenzol.
Nitrobenzene.
Organo-tin compounds, the following: Fentin compounds Oxalates, metallic.
Paraquat; salts.
Phenols as defined in Part I of this list containing less than sixty per cent weight of phenols, compounds of phenol with a metal in substances containing less
than the equivalent of sixty per cent weight in weight of phenols.
Phenylene diamines; tolylene diamines, other alkylated benzine; their salts. Phenylmercuric salts.
Phosphorus acids.
Phosphorus compounds: -
Amiton.
Aninphos-methyl.
Demeton-O.
Demeton-S.
Demeton-O-methyl.
Demeton-S-methyl.
Diethyl 4-methyl-7-coumarinyl phosphorothionate.
Diethyl p-nitrophenyl phosphate.
Dimefox.
Ethion.
Ethyl p-nitrophenyl phenyl-phosphorothionate.
Mecarbam.
Mevinphos.
Mipafox.
Phenkapton.
Pirimiphos-ethyl.
Mazidox 2-methoxycarbonyl-l-methyl-vinyl dimethyl phosphate.
2-methoxycarbonyl-l-methyl-vinyl dimethyl phosphate.
Parathion.
Phosphamidon.
Schradan.
Sulfotepp.
Tepp (HETP).
triphosphoric pentadimethylamide.
Vamidothion.
Phosphorus compounds:
Chlorfenvinphos.
Demephion.
Demeton-methyl.
Demeton-S-methyl sulphone.
Dioxathion.
Omethoate.
Primiphos-ethyl.
Thiometon.
Dichlorvos.
Disulfoton.
dyfonate.
Fonofos.
Oxydemeton-methyl.
Phorate.
Thionazin.
Potassium fluoride.
Potassium hydroxide.
Potassium quadroxalate.
Potassium tetroxalate.
Sodium fluoride.
Sodium fluosilicate.
Sodium hydroxide.
Sodium nitrite.
Sudol.
Sulphuric acid.
Tolylene diamines; their salts.
Zinc Phosphide.
FOURTH SCHEDULE
(Section 51)
ANIMAL MEDICINES
Sulphadimine tablets, 5 gramme, in packs not exceeding 10 tablets.
Sulphadimine Sodium solution.
Phenothiazine preparations.
Piperazirie preparations.
Thiabendazole preparations.
Methyridine ("Mintic") 36%.
Amproiium preparations.
Boracic and Iodoform powder.
Formalin.
Cetrimide ("Cetavlon") 10% in spirit.
Cresylic Acid.
Intramammary injections of penicillin, not exceeding 100 000 units per tube.
Antibiotic food and water additives.
Tylosin ("Tylan").
Vitamin food and water additives.
Provided that the abovementioned remedies may be sold only in the original manufacturers' or wholesalers' packs.
(Amended by Orders 27th July, 1971 and 21st May, 1973)
Controlled by Minister of Health
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