| (Cap 138, section 29) [1 July 1978] L.N. 145 of 1978 (L.N. 163 of 1975) Cap 138A reg 1 Citation PART I PRELIMINARY These regulations may be cited as the Pharmacy and Poisons Regulations. Cap 138A reg 2 Interpretation (1) In these regulations, unless the context otherwise requires- "antimonial poisons" (含锑毒药) means organic and inorganic compounds of antimony; "arsenical poisons" (含砷毒药) means organic and inorganic compounds of arsenic; "British Pharmaceutical Codex" (英国药学药典), "British Pharmacopoeia" (英国药典), "British National Formulary" (英国国家处方集) and "British Veterinary Codex" (英国兽医药方集) include the supplements thereto; "food" (食物) includes a beverage; "medicine for the internal treatment of human and animal ailments" (用于治疗人类及动物病患的内服药物) includes any medicine to be administered by injection, but does not include any mouth-wash, eye-drops, eye-lotion, ear-drops, nasal drops, douche or similar article; "Tribunal" (审裁处) means the Pharmacy and Poisons Appeal Tribunal established by section 30 of the Ordinance; (L.N. 369 of 1980) "veterinary institution" (兽医机构) means a veterinary hospital, veterinary clinic or other premises where sick animals are treated. (2) In these regulations any reference to an alkaloid shall include a reference to any salt of that alkaloid, and, in a case where the esters of an alkaloid are included in the Poisons List by virtue of the words "its esters", to any esters of that alkaloid. (3) Any reference in the Schedules to these regulations to the percentage of a poison contained in any substance or preparation shall, unless otherwise expressly provided, be construed in the following manner, that is to say, a reference to a substance or preparation containing 1 per cent of any poison means- (a) in the case of a solid, that 1 gramme of the poison is contained in every 100 grammes of the substance or preparation; (b) in the case of a liquid, that 1 millilitre of the poison, or, if the poison itself is a solid, 1 gramme of the poison, is contained in every 100 millilitres of the substance or preparation,and so in proportion for any greater or less percentage. (4) Substances listed under the headings "A" in the Schedules to these regulations are those whose uses are essentially medicinal, whilst substances listed under the headings "B" are not normally used medicinally. (5) Where in these regulations reference is made to a numbered section the reference shall be a reference to that section of the Ordinance. (6) Where functions are conferred on a committee by any provision of these regulations, references in such provision to "the Committee" shall be construed as references to the executive committee established under section 4A of the Ordinance for the purpose of performing such functions. (L.N. 369 of 1980) Cap 138A reg 3 Application of section 22 restricted to the First Schedule Section 22 shall only apply to those poisons included in Part I of the Poisons List as set out in the Schedule to the Poisons List Regulations (Cap 138 sub. leg.) which are also included in the First Schedule but not included in the Third Schedule. (L.N. 202 of 1999) Cap 138A reg 4 Extension of labelling provisions and relaxation with respect to poisons in the Sixth Schedule (1) Subject to paragraph (2), the provisions of section 27 and regulations 12 to 17 (which provisions relate to the labelling of poisons) shall apply to sales exempted by section 32, and shall also apply to the supply of poisons (otherwise than on sale) and references in those provisions to the sale and the seller of poisons shall be deemed to refer to the supply and the supplier of poisons respectively. (2) In the case of the sale or supply of any of the poisons included in the Sixth Schedule to a person who- (a) carries on a business in the course of which poisons are regularly sold by way of wholesale dealing or are regularly used in the manufacture of other articles; and (b) requires the poison for the purpose of that business,if the outside of the package in which the poison is sold or supplied is labelled conspicuously with words indicating the dangerous properties of the poison, it shall be necessary to comply only with regulation 15 and section 27(a) and section 27(d) (as modified by regulation 17). Cap 138A reg 5 Extension of section 22 to sales wholesale etc. and relaxation of the section (1) Section 22 shall apply to sales exempted by section 32, except sales of poisons to be exported to purchasers outside Hong Kong, and shall also apply to the supply in the form of a commercial sample, otherwise than on sale, of any substance included in the First Schedule in like manner as if references in section 22 to the sale and seller of poisons respectively included references to the supply and the supplier of poisons in the form of commercial samples: Provided that section 22 shall not apply to the sale or supply of any article by the manufacturer thereof or by a person carrying on a business in the course of which poisons are regularly sold by way of wholesale dealing, if- |
