| To control the sale and supply of certain antibiotic substances. (Amended 40 of 1969 s. 2) [4 June 1948] (Originally 21 of 1948 (Cap 137 1950)) Cap 137 s 1 Short title This Ordinance may be cited as the Antibiotics Ordinance. (Amended 40 of 1969 s. 3) Cap 137 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "authorized seller of poisons" (获授权毒药销售商) has the meaning assigned to it by the Pharmacy and Poisons Ordinance (Cap 138); "Director of Agriculture, Fisheries and Conservation" (渔农自然护理署署长) includes the senior veterinary officer and any veterinary officer; (Added 23 of 1962 s. 3. Amended L.N. 331 of 1999) "penicillin" (青霉素) has the meaning assigned to it by the regulations made under this Ordinance; "registered dentist" (注册牙医) means a person registered in the dentists register and a person deemed to be a registered dentist under the Dentists Registration Ordinance (Cap 156); (Amended 62 of 1987 s. 10) "registered medical practitioner" (注册医生) means a person registered or deemed to be registered under the Medical Registration Ordinance (Cap 161); "registered pharmacist" (注册药剂师) means a person registered in the register of pharmaceutical chemists or the register of chemists and druggists under the Pharmacy and Poisons Ordinance (Cap 138); "registered veterinary surgeon" (注册兽医) means a veterinary surgeon registered under the Veterinary Surgeons Registration Ordinance (Cap 529). (Replaced 96 of 1997 s. 36) Cap 137 s 3 Substances to which this Ordinance applies The substances to which this Ordinance applies are penicillin and such other anti-microbial organic substances produced by living organisms as may be prescribed by regulations made by the Director of Health under section 12 and, where such regulations prescribe a substance produced by living organisms, the regulations may include any substance the chemical properties of which are identical with or similar to those of the substances so prescribed but which is not produced by living organisms: (Amended 50 of 1955 s. 2; 84 of 1992 s. 12) Provided that this Ordinance shall not apply to antibiotic substances contained in foods for livestock or to such substances which have been specially manufactured for the purpose of supplementing foods for livestock. (Added 50 of 1955 s. 2) Cap 137 s 4 Control of sale and supply of substances to which this Ordinance applies (1) Subject to the provisions of this section, no person shall sell or otherwise supply any substance to which this Ordinance applies or any preparation of which any such substance is an ingredient or part unless he is- (a) a registered medical practitioner, a registered dentist or a registered veterinary surgeon or a person acting in accordance with the directions of any such medical practitioner, dentist or veterinary surgeon, and the substance or preparation is sold or supplied for the purpose of treatment by or in accordance with the directions of that medical practitioner, dentist or veterinary surgeon; or (Amended 96 of 1997 s. 37) (b) a person who, although not a registered medical practitioner, practises medicine in a clinic in such circumstances that, by virtue of section 8(8) of the Medical Clinics Ordinance (Cap 343), he is not by reason solely of such practice guilty of an offence under section 28 of the Medical Registration Ordinance (Cap 161) and the substance or preparation is sold or supplied by him solely in the course of his practice in that clinic for the purpose of treatment by him or treatment in accordance with his directions; or (Added 14 of 1964 s. 2) (c) a registered pharmacist or an authorized seller of poisons, and the substance or preparation is sold or supplied under the authority of a prescription signed and dated by such medical practitioner, dentist or veterinary surgeon as aforesaid.(2) No person shall administer by way of treatment any such substance or preparation unless he is such a medical practitioner, dentist or veterinary surgeon or a person acting in accordance with the written directions of any such medical practitioner, dentist or veterinary surgeon, or a holder of a valid permit issued by the Director of Agriculture, Fisheries and Conservation under section 6(2), or a person acting under the direction of a holder of such permit, or a person referred to subsection (1)(b) and such substance or preparation is administered in the course of his practice in the clinic concerned. (Amended 50 of 1955 s. 3; 23 of 1962 s. 3; 14 of 1964 s. 2; L.N. 331 of 1999) (3) Subsection (1) shall not apply to the sale or supply of any such substance or preparation- (a) to any person who is a holder of a valid permit issued under this Ordinance to deal in such substance or preparation; (Replaced 50 of 1955 s. 3) (b) to any person who is a holder of a valid permit issued by the Director of Agriculture, Fisheries and Conservation under section 6(2), if any substance or preparation so sold or supplied is clearly labelled "for veterinary purposes only" and "只限医治禽畜用"; (Added 23 of 1962 s. 3. Amended 80 of 1997 s. 115; L.N. 331 of 1999) |
