Council may direct examinations. 20. The Council shall control and direct all examinations they may think fit to require for the purposes of this Act, in practical 58 Vict., No. 35, pharmacy, chemistry, botany, materia medica, the Latin language, and such other subjects as may from time to time be prescribed by the Regulations. s. 23. Council may grant or refuse certificates. 58 Vict., No. 35, s. 24. Definition of poisons. Fifth schedule. 58 Vict., No. 35, s. 25. Not to be sold by Sixth schedule. Dealers in poison other than pharma ceutical chemists. 21. The Council may, upon the results of the examinations held under this Act, grant or refuse all certificates of competency, skill, knowledge and qualification to practise the business or calling of a pharmaceutical chemist. PART V.-SALE OF POISONS. 22. The several articles mentioned in the Fifth Schedule shall be deemed poisons within the meaning of this Act. Provided always, that the Governor, by proclamation duly published in the Gazette, may, from time to time, declare that any other article specified in such proclamation shall be deemed a poison within the meaning of this Act, and on such proclamation being so published such article shall be deemed a poison within the meaning of this Act. 23. Every person who sells any poison shall, unless he holds a license from the Council in the form contained in the Sixth Schedule, be guilty of an offence against this Act, and liable, on conviction, to a penalty not exceeding fifty pounds, or to imprisonment, with or without hard labour, for any term not exceeding twelve months. 24. No such license shall be granted to any person other than a pharmaceutical chemist, except in places distant at least five 58 Viet., No. 35, miles from the nearest place in which a pharmaceutical chemist has an open shop. s. 27. 63 Vict., No. 36, 8. 3. Conditions of license to sell 25. No such license shall be granted to any person unless such precedent to grant person produces to the Council a certificate, in the form contained in the Seventh Schedule, signed by the Police or Resident Magistrate of, and a duly qualified medical practitioner practising in, the district where such person resides, and until such person has paid the fee prescribed by the Regulations for such license. 55 Việt., No. 35, s. 28. Licensed persons to observe certain conditions. 58 Viet., No. 35, s. 29. Manner of keeping poisons. Particulars of sale to be kept. 26. Every person licensed under this Act to sell poisons shall(a.) Keep all poisons in a safe, box, cupboard, drawer, or other place, securely locked or fastened. (b.) Except when sales and purchases of poisons are effected by correspondence, before delivery to the purchaser, inquire his name, place of abode, and occupation, and the purpose for which such poison is required, and make an entry entry in the form contained in the Eighth Schedule, in Eighth Schedule. Particulars of sales (c.) Whenever sales or purchases of poison are effected by effected by an entry in the said book, so far as is practicable, of the Signature of wit (d.) Whenever a witness to the sale of any poison is required ness to be obtained. by this Act, obtain the signature of such witness to the entry in the said book relating to such poison. s. 3. Provided that the word "Poisons" in paragraph (b) shall 63 Viet., No. 36, apply only to the poisons mentioned in Part I. of the Schedule. Fifth 27. Every person licensed under this Act to sell poisons shall, immediately on demand being made to him at his shop or place of business by a member of the Council or its Registrar, or any person authorised in writing under the hand of the President or Registrar, produce and show the book to be kept under section twenty-six, and permit the same to be examined, and any person neglecting, failing, or refusing to produce and show such book on demand or to permit the same to be examined, shall be guilty of an offence against this Act, and be liable, on conviction, to the same fine or imprisonment as is mentioned in section thirty-two. 28. No person shall sell any poison mentioned in Part I. of the Signature of Fifth Schedule, ordered by letter, telegram, or other document, purchaser by correspondence to to any person with whose signature he is not acquainted, unless be proved. such signature has been witnessed, or purports to have been wit- 58 Vict., No. 35, nessed, by a justice of the peace, legal practitioner, or notary 63 Viet., No. 36, public, or is otherwise authenticated by some person known to the s. 3. vendor. 29. No person shall sell any poison unless the bottle or other vessel, wrapper, or cover, box or case immediately containing the same bears thereon s. 30. Vessels, wrappers, No. 8, s. 4. (a.) The word "Poison" printed conspicuously in letters not 3 Edw. VII., less than three-sixteenths of an inch in size; and (b.) The name of the article, the name and address of the vendor, and the address of the shop or premises from which the article was sold. All Arsenic and strychnine must be coloured. 63 Vict., No. 36, s. 2. Persons to whom poisons may not be sold. 58 Vict., No. 35, s. 32. Penalties in respect of keeping and sale of poisons. 58 Vict., No. 35, s. 33. All such matter shall be so printed that the purchaser of the article can plainly see the same. 30. (1.) No person shall sell any arsenic or strychnine, or any preparation of arsenic or strychnine, unless, in the case of arsenic or any uncoloured preparation of arsenic, it is mixed, before the sale or delivery, with soot or some other black substance in the proportion of one ounce of soot or other black substance at least to one pound of arsenic, and so in proportion for any greater or less quantity, and unless, in the case of strychnine or any uncoloured preparation of strychnine, it is coloured with Armenian bole or some other red colouring matter before the sale or delivery thereof. (2.) Provided that, whenever the purchaser states that the arsenic or strychnine, or any preparation thereof respectively, is not required for any pastoral or agricultural use or for the destruction of vermin, but is required for a purpose for which such admixture with colouring matter would, according to the representation of the purchaser, render it unfit (a statement of which purpose is entered in the book required by section twenty-six to be kept and signed as thereby required or specified in the letter therein referred to, as the case may be), such poison may be sold without such admixture. (3.) Every person failing to comply with or acting contrary to any of the provisions of this section shall be guilty of an offence against this Act, and, upon conviction, be liable to the same fine or imprisonment as is mentioned in section thirty-two. 31. No person shall sell any poison to any person who is apparently under eighteen years of age, or to any person who is unknown to the vendor, unless the sale be made in the presence of some witness who is known to the vendor, and to whom the purchaser is known, and such witness signs his name, together with his place of abode, to the required entry before the delivery of the poison to the purchaser. 32. (1.) Any person who (a.) Sells any poison contrary to the provisions of this Act; or (b.) Neglects or omits to comply with any of the provisions of this Act regulating the sale or keeping of poisons; or (c.) On the purchase of any poison, gives false information in relation to the particulars required by this Act on the purchase or sale of any poison; or (d.) (d.) Signs his name as a witness to the signature of any person ordering poison by letter, telegram, or other document, or to the sale of any poison to a purchaser who is unknown to him; shall be guilty of an offence against this Act, and liable upon conviction to a penalty not exceeding one hundred pounds, or to imprisonment for any term not exceeding twelve months, with or without hard labour. or apprentice. (2.) For the purpose of this section, the person on whose "Person" to behalf any sale is made by an assistant or apprentice shall be include assistant deemed to be the person who sells, and such assistant or apprentice shall also be liable to the like penalties as the person on whose behalf he makes such sale. 33. Any person other than a pharmaceutical chemist, in charge or possession of any poison, who leaves it in any place (whether the same be ordinarily accessible to others or not), unless the bottle or package of whatsoever kind in which such poison is contained is marked "poison," and otherwise duly labelled in the manner provided by section twenty-nine, shall be guilty of an offence against this Act, and liable, on conviction, to a penalty not exceeding twenty pounds: Provided always, that this section shall not apply to pharmaceutical chemists in the conduct of their business. 34. The Governor may, on the recommendation of the Council, by order, direct the cancellation of the license of any person to sell poisons deemed by the Council unfit to continue to sell poisons. Owner of poisons not to leave them about unlabelled, under a penalty. 58 Vict., No. 35, s. 34. Cancellation of certificate of dealer in poisons. 58 Vict., No. 35, s. 35. Act not to extend to certain sales of poison. 58 Vict., No. 35, 63 Viet., No. 36, s. 3. 35. This Act shall not extend to the sale of any poison when made up or compounded in a medicine by a duly qualified medical practitioner, or by a pharmaceutical chemist for the purpose of sale, or according to the prescription of a duly qualified medical s. 36. practitioner, or in the form of homeopathic medicine, unless in the crude state or mother tincture, nor to the sale of patent or proprietary medicines when sold by pharmaceutical chemists or other licensed persons, nor to the sale of photographic materials for the purposes of photography, nor to the sale of medicines dispensed by veterinary surgeons for animals under their treatment, nor to the sale of fly poison papers, nor to the sale of poisonous mixtures and fluids for the eradication of disease in any animals or of insect pests or diseases in fruit trees, grape vines, or other vegetation, nor to the sale of poisoned seed for the destruction of vermin, when duly marked as such, nor to the sale for mining or industrial purposes of cyanide of potassium, strong mineral acids, or other metallurgical chemicals required in the mining or in such other industry where such chemicals are required in large quantities; nor shall it extend to any sales by wholesale dealers in the ordinary course Penalties for contravention of the Act. 3 Edw. VII., No. 8, s. 3. Business of Chemists and course of wholesale dealing, if an order in writing, signed by the purchaser, shall be given for the supply of the same. Provided that all such sales are entered in a book, and that the bottle or other vessel, wrapper or cover, box or case immediately containing the poison bears thereon the word "poison" printed conspicuously. PART VI.-MISCELLANEOUS. 36. No person other than (a.) A pharmaceutical chemist; or (b.) A person or a company registered under the Companies Act, 1893, or a Friendly Society registered under the Friendly Societies Acts carrying on the business of a chemist and druggist or of a pharmaceutical chemist by and under the personal supervision of a pharmaceutical chemist; or (c.) A legally qualified medical practitioner, shall carry on the business of a chemist and druggist or pharmaceutical chemist. (2.) No person other than (a.) A pharmaceutical chemist; or (b.) A legally qualified medical practitioner, shall assume or use the title of pharmaceutical chemist, pharmaceutist, pharmacist, chemist and druggist, dispensing chemist, dispensing druggist, homoeopathic chemist, or other words of like import, or use or exhibit any title, term, or sign which can be construed to mean that such person is qualified as a pharmaceutical chemist. (3.) Any person who offends against the provisions of this section shall be liable, on conviction, to a penalty not exceeding fifty pounds, or to imprisonment for any term not exceeding twelve months for every such offence. 37. (1.) No pharmaceutical chemist or legally qualified medical practitioner shall carry on or attempt to carry on the business of a chemist and druggist, or pharmaceutical chemist, or assume or use the title of a pharmaceutical chemist, pharmaceutist, pharmacist, chemist and druggist, dispensing chemist, homeopathic chemist or other title of like import, or use or exhibit any title, term, or sign on any shop, house, or premises which can be construed to mean that the business of a pharmaceutical chemist is carried on therein, unless such business is conducted by and under the personal supervision of himself or of an assistant who is a pharmaceutical chemist or a legally qualified medical practitioner. (2.) Every pharmaceutical chemist, and every licensed persons licensed to vendor of poisons, and every person or assistant under whose con sell poisons to have their names painted up. duct |