【法规名称】
【法规编号】 82241 什么是编号？
【正 文】
第2页 CAP 138A PHARMACY AND POISONS REGULATIONS
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[接上页] (a) the article is sold or supplied to a person carrying on a business in the course of which poisons are regularly sold or are regularly used in the manufacture of other articles; and (b) the seller or supplier is reasonably satisfied that the purchaser requires the article for the purpose of that business.(2) Section 22(1) shall, in its application to sales exempted by section 32 and to the supply in the form of commercial samples of substances included in the First Schedule, be deemed to be satisfied if the person to whom the poison or sample is sold or supplied is known by the person in charge of the department of the business through which the sale or supply is effected to be a person to whom the poison or sample may properly be sold or supplied. (3) Subject to paragraph (4), so much of section 22(3)(b) as requires an entry in the poisons book to be signed by the purchaser of a poison shall not, as respects the sale of a poison to a person for the purpose of his trade, business or profession, apply if the following requirements are satisfied- (a) the seller shall obtain before the completion of the sale an order in writing signed by the purchaser stating his name and address, trade, business or profession, the name and quantity of the article to be purchased, and the purpose for which it is required; (b) the seller shall be reasonably satisfied that the signature is that of the person purporting to have signed the order, and that that person carries on the trade, business or profession stated in the order, being one in which the poison to be purchased is used; and (c) if the article sold is sent by post, it shall be sent by registered post.(4) Where a person represents that he urgently requires a poison for the purpose of his trade, business or profession, the seller may, if he is reasonably satisfied that the person so requires the poison and is, by reason of some emergency, unable before delivery either to furnish to the seller an order in writing duly signed or to attend and sign the entry in the book, deliver the poison to the purchaser on an undertaking by the purchaser to furnish such an order within 48 hours next following. (5) Any purchaser by whom an undertaking under paragraph (4) has been given who fails to deliver to the seller a signed order in accordance with the undertaking, or any person who for the purpose of obtaining delivery of any poison makes a statement which is to his knowledge false in any material particular shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 12 months. (6) In the case of a sale or the supplying of a poison included in the First Schedule to an institution such of the provisions of this regulation as require the purchaser to state his trade, business or profession and the seller to be satisfied with respect thereto shall not apply and for the reference in paragraph (4) to the purposes of the purchaser's trade, business or profession there shall be substituted in the case of any such sale a reference to the name of the institution and the full name and rank or position held at the institution of the person making the order. Cap 138A reg 6 Relaxation of section 28(3) in the case of certain medicines The requirements of section 28(3) (which requires particulars of medicines supplied or dispensed under that section to be entered in a book) shall be satisfied in respect of medicines included in the First Schedule, but need not be satisfied in respect of other medicines which are supplied by- (a) a registered medical practitioner for the purposes of medical treatment; or (b) an authorized seller of poisons on and in accordance with a prescription given by a registered medical practitioner. Cap 138A reg 7 Exemption from the provisions relating solely to the First Schedule The provisions of these regulations and of the Ordinance (as modified by these regulations) which apply solely to the substances in the First Schedule shall not apply to- (a) machine-spread plasters; (b) surgical dressings; (c) (Repealed L.N. 262 of 1995) (d) corn paints in which the only poison is a poison included in the Poisons List under the heading "Cannabis". Cap 138A reg 8 Complete exemption for articles and substances in the Second Schedule (1) Subject to paragraph (2), nothing in the Ordinance or these regulations shall apply- (a) to any article in Group I of the Second Schedule; or (b) to any of the articles or substances specified in the second column of Group II of the Second Schedule opposite the description of the poison specified in the first column thereof. (L.N. 85 of 1987)(2) Notwithstanding paragraph (1)(b), Parts VII, VIII, VIIIA, IX and X of these regulations shall apply to every article or substance referred to in that paragraph, that is a pharmaceutical product within the meaning of the Ordinance. (L.N. 85 of 1987) Cap 138A reg 9 Additional restriction of sale of poisons in the Third Schedule PART II |
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