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【法规名称】 
【法规编号】 82241  什么是编号?
【正  文】

第5页 CAP 138A PHARMACY AND POISONS REGULATIONS

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  (L.N. 22 of 1982)
  
  Cap 138A reg 17 Name of seller and address of premises
  
  (1) Section 27(d) (which requires the container of a poison to be labelled with the name of the seller and the address of the premises on which it was sold) shall apply to the transactions referred to in section 32, but shall not apply-
  
  (a) in the case of an article sold for the purpose of being sold again in the same container; or
  
  (b) to poisons to be exported to purchasers outside Hong Kong.(2) The requirements of section 27(d) shall be deemed to be satisfied, in the case of a poison supplied from a warehouse or depot, if the container of the poison is labelled with the address of the supplier's principal place of business.
  
  (3) Where any poison (other than a substance included in the First Schedule) is sold in a container and outer covering, being the container and covering in which it was obtained by the seller, it shall be sufficient if the name of the seller and the address of the premises on which it was sold appear only on the outer covering.
  
  (4) Where the names of more than one person or more than one address appear on any label, there shall also be words on the label indicating clearly which person is the seller and at which of the addresses the poison was sold.
  
  Cap 138A reg 18 Form of containers
  
  (1) No person shall sell, whether wholesale or retail, or supply any poison unless-
  
  (a) it is contained in a container impervious to the poison and sufficiently stout to prevent leakage arising from the ordinary risks of handling and transport; and
  
  (b) in the case of a liquid contained in a glass bottle or plastic container containing not more than 2 litres, not being a medicine made up ready to be taken for the internal treatment of human or animal ailments, the outer surface of the bottle or container is fluted vertically with ribs or grooves recognizable by touch. (L.N. 22 of 1982)(2) Paragraph (1)(a) shall apply to the transactions referred to in section 28, and paragraph (1)(b) shall apply to the transactions exempted by section 32 but shall not apply to the sale or supply of poisons to be exported to purchasers outside Hong Kong.
  
  Cap 138A reg 19 Storage of poisons
  
  PART IV
  
  STORAGE AND TRANSPORT
  
  (1) No person shall store any poison except in a container impervious to the poison and sufficiently stout to prevent leakage from the container arising from the ordinary risks of handling.
  
  (2) No person shall store any substance included in the First Schedule in any retail shop or premises used in connection therewith unless the substance is stored-
  
  (a) in a receptacle reserved solely for the storage of poisons, which receptacle shall be locked with an adequate lock the key for which shall be retained by the registered pharmacist; and (L.N. 197 of 1989; L.N. 366 of 1995)
  
  (b) in a part of the premises to which customers are not permitted to have access and which is partitioned off or otherwise separated from the remainder of the premises.(3) No food shall be stored in the part of the premises where such poison or substance is stored.
  
  Cap 138A reg 20 Transport of poisons
  
  No person shall consign any poison for transport unless it is sufficiently stoutly packed to avoid leakage arising from the ordinary risks of handling and transport.
  
  Cap 138A reg 21 Special provisions with respect to the transport of poisons in the Seventh Schedule
  
  (1) No person shall consign for transport by carrier any poison included in the Seventh Schedule unless the outside of the package containing the article is labelled conspicuously with the name or description of the poison as set forth in that Schedule and a notice indicating that it is to be kept separate from food and from empty containers in which food has been contained.
  
  (2) No person shall knowingly transport any poison included in the Seventh Schedule, either on his own behalf or for another person, in any vehicle in which food is being transported, unless the food is carried in a part of the vehicle effectively separated from that containing the poison, or is otherwise adequately protected from the risk of contamination.
  
  (3) This regulation shall not apply to medicines.
  
  Cap 138A reg 22 Supply of medicines to out-patients from certain institutions, etc.
  
  PART V
  
  SPECIAL PROVISIONS WITH RESPECT TO INSTITUTIONS
  
  (1) Nothing in the Ordinance or in these regulations, except regulation 16 and this Part, shall apply with respect to- (L.N. 262 of 1995)
  
  (a) any medicine dispensed in an institution where the dispensing is under the supervision of a registered pharmacist or other person as may be approved by the Director of Health; or (L.N. 76 of 1989)
  
  (b) any medicine for the treatment of animals supplied from a veterinary institution which is under the superintendence of a registered veterinary surgeon, (L.N. 614 of 1997)if the requirements of this regulation are satisfied in relation thereto.
  
  (2) The medicine shall not be supplied except by, or on and in accordance with a prescription of, a duly registered medical practitioner for the purposes of medical treatment, or a registered dentist for the purposes of dental treatment, or a registered veterinary surgeon for the purposes of animal treatment. (L.N. 614 of 1997)
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