Jersey Law 28/1952
PHARMACY, POISONS AND MEDICINES (JERSEY) LAW, 1952.
____________
1 Interpretation
2 Registered
Pharmacists
3 Registration
4 List of Registered
Pharmacists to be kept
5 Penalty for Abuse of
Certificates or fraudulently obtaining Registration
6 Procedure where
Pharmacists removed from or restored to [Annual Register of Pharmaceutical
Chemists]7
7 Power of Court to
cancel Registration
8 restriction on use
of certain titles, etc
9 Conditions to be
fulfilled by Pharmacist in order to become Authorized Seller of Poisons
10 Conditions to be
fulfilled by body corporate in order to become Authorized Seller of Poisons
11 Continuation of
Business of Pharmacist by representatives in case of death, etc
12 Conditions as to
making of order by court in case of conviction, etc. of employee
13 Duty of authorized
sellers of poisons to register business premises
14 Authorized sellers
of poisons to furnish committee with list of business premises and pharmacists
in charge
15 Poisons list
16 Restrictions on sale
of poisons
17 Exemption with
respect to medicines
18 Exemption with respect
to sales by wholesale and sales to certain persons
19 Certain persons
other than authorized sellers of poisons to be entitled to sell poisons in Part
II of poisons list
20 Prohibition on sale
of poisons by means of automatic machines
21 Disclosure of
composition of medicines
22 Restriction on sale
of medicines by unauthorized persons
23 Provisions as to
Legal Proceedings
24 Consultation with
Registered Pharmacists
25 Power of committee
to make orders
26 Provisions as to
orders
27 Penalties
28 Inspection
30 Repeal
31 Short title and
commencement
A LAW for
regulating the practice of pharmacy and for controlling the sale of poisons and medicines, sanctioned by Order of Her Majesty
in Council of the
29th day of JULY, 1952.
____________
(Registered on the 23rd day of August, 1952).
____________
STATES OF JERSEY.
____________
The
12th day of May, 1952.
____________
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law: -
PART I
INTERPRETATION
ARTICLE
1
INTERPRETATION
(1) In
this Law, unless the context otherwise requires –
“advertisement” includes any notice, circular, label,
wrapper or other document, or any announcement made orally or by any means of
producing or transmitting light or sound;
“authorized seller of poisons” means any of the persons
declared by Article 9, 10 or 11 to be authorized sellers of poisons within the
meaning of this Law;
“British Pharmaceutical Codex” means the book published
by that name by the Pharmaceutical Society of Great Britain;
“British Pharmacopoeia” means the book published by
that name in pursuance of section twenty-three of the Medical Act, 1950 (14
Geo. 6, c.29);
“certificate of registration” means –
(a) in the case of a person
authorized to practise pursuance of this Law, a copy of the Act of the Court,
under the hand of the Judicial Greffier, ordering such registration;
(b) in the case of a person
authorized to practice pharmacy in pursuance of a Regulation in force prior to the
coming into force of this Law, a copy of the Act of the Court, under the hand
of the Judicial Greffier, granting such authority;
“the Committee” means the Public Health Committee;
“the Court” means the Inferior Number of the Royal
Court;
“container” includes a wrapper;
“dispensing”, in relation to a medicine or a poison,
means supplying a medicine or a poison on and in accordance with a prescription
duly given by a registered medical practitioner, registered dentist or
registered veterinary surgeon;
“order” means an order made by the Committee under this
Law;
“pharmacist” means a pharmaceutical chemist * * * *;
“poison” has the meaning assigned thereto by Article
15;
“the Poisons List” has the meaning assigned thereto by
Article 15;
“proprietary designation”, in relation to the sale of
an article consisting of or comprising a substance recommended as a medicine,
means a word or words used or proposed to be used in connexion with the sale of
articles consisting of or comprising the substance for the purpose of
indicating that they are the goods of a particular person by virtue of
manufacture, selection, certification, dealing with or offering for sale, and
“proprietor”, in relation to such a designation, means a person
whose goods are indicated or intended to be indicated as aforesaid by the
designation;
“prescribed” means prescribed by order;
“the register of premises” has the meaning assigned
thereto by Article 13;
“registered”, in relation to a medical practitioner,
dentist or veterinary surgeon, means registered under the enactments for the
time being regulating the exercise of those professions in the Island;
“registered pharmacist” and “registration”
have the meanings assigned thereto by Article 2;
“sale by way of wholesale dealing” means a sale to a person
who buys for the purpose of selling again;
“shop” includes any premises where any retail trade or
business is carried on;
“substance” includes a preparation;
“substance recommended as a medicine”, in relation to
the sale of an article consisting of or comprising a substance so recommended,
means a substance which is referred to –
(a) on the article, or on any
container in which the article is sold, or on any label affixed to, or in any
document enclosed in, the article or such a container; or
(b) in any placard or other
document exhibited at the place where the article is sold; or
(c) in any advertisement
published after the coming into force of this Law by or on behalf of the
manufacturer of the article, or the person carrying on the business in the course
of which the article was sold, or, in a case where the article was sold under a
proprietary designation, the proprietor of the designation;
in terms which are calculated to lead to the use of the substance
for the prevention or treatment of any ailment, infirmity or injury affecting
the human body (whether or not the ailment, injury or infirmity is specified
therein), not being terms which give a definite indication that the substance
is intended to be used as, or as part of, a food or drink, and not as, or as
part of, a medicine;
“word” includes a letter or a numeral.
(2) For
the purposes of this Law –
(a) an article shall be deemed to
be sold under a designation or title if, but not unless, the designation or
title is used for naming the article or the substance which it consists of or
comprises –
(i) by
any person in connexion with the sale; or
(ii) on
the article, or on any container in which the article is sold, or on any label
affixed to, or in any document enclosed in, the article or such a container;
(b) a reference to a description
set out at the head of any monograph contained in an edition of the British
Pharmacopoeia or the British Pharmaceutical Codex shall be construed as
including a reference to any synonym or abbreviation of that description being
a synonym or abbreviation set out at the head of that monograph.
(3) References
in this Law to the edition of the British Pharmacopoeia or the British
Pharmaceutical Codex last published before a given date shall be construed
–
(a) if that date falls after the
time at which any such edition has taken effect, as references to the latest
edition which has so taken effect before the said date, as affected by any
amendments which have taken effect before that date;
(b) if that date falls before the
said time but after the time at which any amendment has taken effect, as
references to the latest edition published before the said date, as affected by
any amendments which have taken effect before that date;
and references in this paragraph to amendments shall be construed
as including references to amendments by way of addition or deletion.
PART II
PHARMACY
ARTICLE 2
REGISTERED PHARMACISTS
(1) In
this Law, “registered pharmacist” means a person registered as a
pharmacist in pursuance of this Law and includes any person who was authorized
to practise pharmacy in pursuance of a Regulation in force prior to the coming
into force of this Law, and “registration” shall be construed
accordingly.
[(2) No
person shall be registered as a pharmacist in pursuance of this Law unless he
is duly registered as a pharmaceutical chemist in pursuance of the Pharmacy Act
1954 (2 & 3 Eliz. 2, c.61).]
ARTICLE 3
REGISTRATION
(1) An
application for registration as a pharmacist in pursuance of this Law shall be
made to the Court and shall be accompanied by either –
(a) [(i) a copy of the last
official edition of the Annual Register of Pharmaceutical Chemists published in
accordance with the provisions of section two of the Pharmacy Act, 1954;] and
(ii) the
certificate or certificates of qualification by virtue of which the applicant
was registered in the said Register; or
(b) a certificate under the hand
of the Registrar of the Council of the Pharmaceutical Society of Great Britain
to the effect that the applicant is registered in the said Register and
specifying the qualifications by virtue of which he was so registered.
(2) Where
the applicant is an alien, the Court may require him to produce a duly
authenticated certificate of good character.
(3) The
qualifications by virtue of which a person is registered as a pharmacist in
pursuance of this Law shall be set out in the act of the Court ordering the
registration.
[(4) Where,
in any such certificate as is mentioned in sub-paragraph (a) (ii) of paragraph (1) of this Article, the person named therein
is shown to have the qualifications of a chemist and druggist, the
qualifications shall be deemed to be those of a pharmaceutical chemist.]
ARTICLE 4
LIST OF REGISTERED PHARMACISTS TO BE KEPT
The Judicial Greffier shall make, and keep posted in the Lobby of
the Royal Court House, a list of registered pharmacists, showing their names
and addresses and the qualifications by virtue of which they were registered in
pursuance of this Law or, in the case of a person who was authorized to practise
pharmacy under a Regulation in force prior to the coming into force of this
Law, the qualifications by virtue of which he was so authorized.
ARTICLE 5
PENALTY FOR ABUSE OF CERTIFICATES OR FRAUDULENTLY OBTAINING
REGISTRATION
If, any person –
(a) with intent to deceive,
forges, or uses, or lends to or allows to be used by any other person, a
certificate of registration or any certificate of registration or other
certificate issued [under the Pharmacy Act 1954, or under any enactment
repealed by the said Act,] or makes
or has in his possession a document so closely resembling any such certificate
as aforesaid as to be calculated to deceive; or
(b) obtains or attempts to obtain
the registration of himself as a pharmacist in pursuance of this Law by assuming
the name or qualifications of another person;
he shall be liable in respect of each offence to a fine not
exceeding one hundred pounds sterling or to imprisonment for a term not
exceeding one year.
ARTICLE 6
PROCEDURE WHERE PHARMACISTS REMOVED FROM OR RESTORED TO [ANNUAL
REGISTER OF PHARMACEUTICAL CHEMISTS]7
(1) The
Court, on the motion of the Attorney General, shall order that the registration
of any person be cancelled where the name of that person has been removed from
the [Annual Register of Pharmaceutical Chemists] by
direction of the Statutory Committee constituted under [the Pharmacy Act 1954] or by the Council of the Pharmaceutical Society of
Great Britain under the powers respectively conferred upon them by the said
Act.
(2) Where
the said Statutory Committee or Council, as the case may be, has directed that
the name of a person in respect of whom an order under this Article has been
made shall be restored to the said Register, the Court shall, on the
application of the person concerned, rescind the said order.
ARTICLE 7
POWER OF COURT TO CANCEL REGISTRATION
(1) Subject
to the provisions of Article 12 of this Law, the Court, on the motion of the
Attorney General, may order that the registration of any person be cancelled,
where that person or a person employed in the carrying on of his business has
been convicted of any such criminal offence or found guilty of such misconduct
as, in the opinion of the Court, renders him or, in the case of an employee,
would render him unfit to be a registered pharmacist.
(2) The
Court may, where it thinks fit so to do, either of its own motion or on the
motion of the Attorney General or on the application of the person concerned,
rescind any order made under this Article.
ARTICLE 8
RESTRICTION ON USE OF CERTAIN TITLES, ETC
(1) It
shall not be lawful for a person, unless he is a registered pharmacist, to take
or use the title of pharmaceutical chemist, pharmaceutist, “chemist and
druggist”, druggist or pharmacist, or to take or use in connexion with
the sale of goods by retail the title of chemist.
* * * * * *
(3) It
shall not be lawful for any person to take or use the title of member of the
Pharmaceutical Society unless he is a member of the Pharmaceutical Society of
Great Britain.
(4) It
shall not be lawful for any person to use in connexion with any business any
title, emblem or description reasonably calculated to suggest that he or anyone
employed in the business possesses any qualification with respect to the
selling, dispensing or compounding of drugs or poisons other than the
qualification which he in fact possesses.
(5) For
the purposes of paragraph (4) of this Article, the use of the description
“pharmacy” in connexion with a business carried on on any premises
shall be deemed to be reasonably calculated to suggest that the owner of the
business and the person having the control of the business on those premises
are registered pharmacists.
(6) If
any person acts in contravention of the provisions of this Article, he shall be
liable in respect of each offence to a fine not exceeding twenty pounds
sterling and, in the case of a continuing offence, to a further fine not
exceeding five pounds sterling for every day subsequent to the day on which he
is convicted of the offence during which the contravention continues.
ARTICLE 9
CONDITIONS TO BE FULFILLED BY PHARMACIST IN ORDER TO BECOME
AUTHORIZED SELLER OF POISONS
A registered pharmacist carrying on a business which comprises the
retail sale of drugs shall be an authorized seller of poisons within the
meaning of this Law if the following conditions are complied with –
(a) in each set of premises where
the business is carried on, the business must, so far as concerns the retail
sale of drugs, be under the personal control of the pharmacist himself or of
some other registered pharmacist; and
(b) the name and certificate of
registration of the person having the control of the business as aforesaid must
be conspicuously exhibited in the premises.
ARTICLE 10
CONDITIONS TO BE FULFILLED BY BODY CORPORATE IN ORDER TO BECOME AUTHORIZED
SELLER OF POISONS
(1) Subject
to the provisions of this Article, a body corporate carrying on a business
which comprises the retail sale of drugs shall be an authorized seller of
poisons within the meaning of this Law if the following conditions are complied
with –
(a) the business must, so far as
concerns the keeping, retailing, dispensing and compounding of poisons, be
under the management of a superintendent in relation to whom the following
requirements are fulfilled –
(i) he
must be a registered pharmacist;
(ii) a
statement in writing signed by him and on behalf of the body corporate stating
his name and specifying whether or not he is a member of the board must have
been sent to the Committee;
(iii) he
must not be acting at the time in a similar capacity for any other body
corporate; and
(b) in each set of premises where
the business is carried on, the business must, so far as concerns the retail
sale of drugs, if not under the personal control of the superintendent, be
carried on, subject to the directions of the superintendent, under the personal
control of a manager or assistant who is a registered pharmacist; and
(c) the name and certificate of
registration of the person having the control of the business as aforesaid,
whether he is the superintendent or some other person, must be conspicuously
exhibited in the premises.
(2) Without
prejudice to the generality of the foregoing provisions of this Article, it
shall be the duty of a superintendent, duly appointed for the purposes of this
Article, to notify the Committee immediately on relinquishing his appointment
as such, and if he fails without reasonable excuse to comply with the
provisions of this paragraph he shall be liable to a fine not exceeding five
pounds sterling.
(3) Notwithstanding
the restrictions imposed by the foregoing provisions of this Law on the use of
certain titles, emblems and descriptions, a body corporate which is an
authorized seller of poisons may, if the superintendent is a member of the
board, use the description of “chemist and druggist”, chemist,
druggist, dispensing chemist or dispensing druggist, and may use the
description “pharmacy” in connexion with the business:
Provided that nothing in this paragraph shall authorize the use of
any of the said descriptions in or on any premises which are for the time being
disqualified by virtue of a direction under this Article for being registered
in the register of premises, or in connexion with any business so far as it is
carried on in any premises so disqualified.
(4) Subject
to the provisions of Article 12 of this Law, the Court, on the motion of the
Attorney General, may order –
(a) that a body corporate shall,
in a case where it is an authorized seller of poisons, cease to be such a
seller and, in any case, be disqualified, for such period as the court may
determine, for being an authorized seller of poisons; or
(b) that all or any of the
premises of a body corporate shall, in a case where they are registered in the
register of premises, be removed from that register and, in any case, be
disqualified, for such period as the Court may determine for being registered
therein;
where –
(i) the
body corporate has been convicted of an offence against this Law; or
(ii) any
member of the board or any officer of the body corporate, or any person
employed by the body corporate in carrying on a business, has been convicted of
any such criminal offence, or been guilty of any such misconduct as, in the
opinion of the Court, renders him, or would, if he were a registered
pharmacist, render him, unfit to be a registered pharmacist;
and any such order may be made whether the body corporate was or
was not an authorized seller of poisons at the time when the offence or
misconduct was committed.
(5) The
Court may, either of its own motion or on the motion of the Attorney General or
on the application of the body corporate concerned, rescind any order made
under paragraph (4) of this Article.
ARTICLE 11
CONTINUATION OF BUSINESS OF PHARMACIST BY REPRESENTATIVES IN CASE
OF DEATH, ETC
(1) Subject
to the provisions of this Article, if a registered pharmacist who is an
authorized seller of poisons dies or becomes deprived of the right to transact
in his own name in matters real and personal or enters into any arrangement
with his creditors, any representative who thereafter carries on his business
in accordance with the conditions hereinafter specified and is a person in
relation to whom the requirements of this Article are satisfied shall, for the
purposes of that business and during a period not exceeding the period
specified in paragraph (4) of this Article, be an authorized seller of poisons
within the meaning of this Law and be entitled to use, in conjunction with the
business name of the pharmacist, such titles, emblems and descriptions as might
have been used by the pharmacist.
(2) The
conditions referred to in paragraph (1) of this Article are as follows –
(a) in each set of premises where
the business is carried on, the business, so far as concerns the retail sale of
drugs, must be under the personal control of a registered pharmacist; and
(b) the name and certificate of
registration of the person having the control of the business as aforesaid must
be conspicuously exhibited in the premises.
(3) The
requirements to be satisfied under paragraph (1) of this Article in relation to
a representative are that his name and address must be registered with the
Committee, together with a statement of the name of the pharmacist whose
representative he is.
(4) The
period referred to in paragraph (1) of this Article shall be –
(a) in the case of the death of a
pharmacist, a period of five years from the date thereof;
(b) in the case of a pharmacist
who has become deprived of the right to transact in his own name in matters
real and personal, a period of three years from the date when he became
deprived of that right;
(c) in the case of a pharmacist
who has entered into an arrangement with his creditors, a period of three years
from the date when the representative became entitled, under the arrangement,
to carry on his business;
or such longer period as, on the application of the representative,
the Committee may, having regard to all the circumstances of the case, think
fit to direct.
(5) Subject
to the provisions of Article 12 of this Law, the Court, on the motion of the
Attorney General, may order that a representative shall cease to be an
authorized seller of poisons and cease to be entitled to use the titles,
emblems and descriptions which might have been used by the pharmacist, where
the representative or a person employed by the representative in the carrying
on of the business has been convicted of any such criminal offence, or been
guilty of any such misconduct, as in the opinion of the Court renders him, or
would, if he were a registered pharmacist, render him, unfit to be a registered
pharmacist.
(6) Where,
immediately prior to the coming into force of this Law, the executor of the
will or the administrator of the personal estate of a deceased pharmacist was
continuing the business of that pharmacist in accordance with the provisions of
the Regulation repealed by this Law, this Article shall apply to the executor
or administrator as if the pharmacist had died immediately after the coming
into force of this Law.
(7) In
this Article, “representative” means –
(a) in the case of the death of a
pharmacist, the executor of his will or the administrator of his personal
estate and, in respect of a pharmacist leaving no executor who is entitled and
willing to carry on his business, includes any person beneficially interested
in his personal estate, but only for the period of three months after his
death;
(b) in the case of a pharmacist
who has become deprived of the right to transact in his own name in matters
real and personal or who has entered into an arrangement with his creditors,
the person authorized to transact on his behalf.
ARTICLE 12
CONDITIONS AS TO MAKING OF ORDER BY COURT IN CASE OF CONVICTION,
ETC. OF EMPLOYEE
(1) Where
an act or omission which, under the foregoing provisions of this Law, may be
made the ground of an order of the Court involving the cesser or restriction of
the right of a person (in this Article referred to as “the owner of the
business”) to be an authorized seller of poisons, is an act or omission
on the part of an employee of the owner or, if the owner is a body corporate,
is an act or omission on the part of any member of the board or any officer or
employee of the body corporate, the Court shall not make any such order unless
proof is given to its satisfaction of some one or more of the facts specified
in paragraph (2) of this Article, and the Court is of opinion that, having
regard to the facts so proved, the owner ought to be regarded as responsible
for the act or omission.
(2) The
facts as to some one or more of which the Court must be satisfied before making
any such order as is mentioned in paragraph (1) of this Article are –
(a) that the act or omission in
question was instigated or connived at by the owner of the business, or, if the
owner is a body corporate, by any member of the board;
(b) that the owner of the
business, or any employee of the owner, or, if the owner is a body corporate,
any member of the board or any officer or employee of the body corporate, had
been guilty at some time within twelve months before the date on which the act
or omission in question took place, of a similar act or omission and that the
owner had, or reasonably ought to have had, knowledge of that previous act or
omission;
(c) if the act or omission in
question was a continuing act or omission, that the owner of the business had,
or reasonably ought to have had knowledge of the continuance thereof;
(d) in the case of a criminal
offence being an offence against this Law, that the owner of the business had
not used due diligence to enforce the execution of this Law.
(3) In
this Article, references to the responsibility, knowledge or diligence of the
owner of the business shall, if the owner is a body corporate, be construed as
references to the responsibility, knowledge or diligence of the board as a
whole.
ARTICLE 13
DUTY OF AUTHORIZED SELLERS OF POISONS TO REGISTER BUSINESS PREMISES
(1) Every
authorized seller of poisons shall cause all the sets of premises where his
business, so far as it comprises the retail sale of drugs, is being carried on
to be registered under this Article.
(2) The
Committee shall keep a register for the purposes of this Article (in this Law
referred to as “the register of premises”) and shall enter therein
all sets of premises in respect of which an application for registration is
duly made in the prescribed form.
(3) The
registration of any premises under this Article shall become void on the
expiration of fourteen days from the date of any change in the ownership of the
business carried on therein.
(4) A
document purporting to be a certificate signed by the Greffier of the States
stating that, on a specified date, specified premises were, or were not,
registered under this Article shall be admissible in any proceedings as
evidence that those premises were, or were not, registered on that date.
ARTICLE 14
AUTHORIZED SELLERS OF POISONS TO FURNISH COMMITTEE WITH LIST OF
BUSINESS PREMISES AND PHARMACISTS IN CHARGE
(1) Every
authorized seller of poisons shall, in the month of January in each year, send
to the Committee a list of all the sets of premises where his business, so far
as it comprises the retail sale of drugs, is being carried on and the name of
the registered pharmacist having the personal control of the business on each
set of premises.
(2) An
authorized seller of poisons who fails to comply with the provisions of this
Article shall be liable in respect of each offence to a fine not exceeding five
pounds sterling and to a further fine not exceeding one pound sterling for
every day subsequent to the day on which he is convicted of the offence during
which the default continues.
PART III
POISONS
ARTICLE
15
POISONS LIST
(1) The
Committee shall, by order, prescribe a list of substances which are to be
treated as poisons for the purposes of this Law and such list shall be divided
into [three parts] as
follows –
Part I of the list shall consist of those poisons which, subject to
the provisions of this Law, are not to be sold except by a person who is an
authorized seller of poisons;
Part II of the list shall consist of those poisons which, subject
to the provisions of this Law, are not to be sold except by a person who is an
authorized seller of poisons or whose name is entered in the list kept in
pursuance of Article 19 of this Law;
[Part III of the list shall consist of those poisons which are not
be used except by a person or body authorized in writing by the Committee to
use such poisons as may be specified in the authorisation, subject to such
conditions as may be so specified.]
(2) In
determining the distribution of poisons, as between Part I and Part II of the
said list, regard shall be had to the desirability of restricting the said Part
II to articles which are in common use, or likely to come into common use, for
purposes other than the treatment of human ailments and which it is reasonably
necessary to include in the said Part II if the public are to have adequate
facilities for obtaining them.
(3) The
said list as in force for the time being is in this Law referred to as
“the Poisons List”, and in this Law “poison” means a
poison included in the Poisons List.
ARTICLE 16
RESTRICTIONS ON SALE OF POISONS
(1) Subject
to the provisions of this Part of this Law, it shall not be lawful –
(a) for a person to sell
any poison included in Part I of the Poisons List, unless –
(i) he
is an authorized seller of poisons; and
(ii) the
sale is effected on premises duly registered under Part II of this Law; and
(iii) the
sale is effected by, or under the personal supervision of, a registered
pharmacist;
(b) for a person to sell
any poison included in Part II of the Poisons List, unless either –
(i) he
is an authorized seller of poisons and the sale is effected on premises duly
registered under Part II of this Law; or
(ii) his
name is entered in the list kept in pursuance of Article 19 of this Law and the
sale is effected on premises specified in the said list as being premises on
which he is entitled, subject to the provisions of this Law, to sell poisons
included in Part II of the Poisons List;
(c) for a person to sell
any poison, whether included in Part I or Part II of the Poisons List, unless
the container of the poison is labelled in the prescribed manner –
(i) with
the name of the poison; and
(ii) in
the case of a preparation which contains a poison as one of the ingredients
thereof, with the prescribed particulars as to the proportion which the poison
contained in the preparation bears to the total ingredients; and
(iii) with
the word “poison” or other prescribed indication of the character
of the article; and
(iv) with
the name of the seller of the poison and the address of the premises on which
it was sold.
[and, in such cases as may be prescribed, is accompanied by a
statement, in the prescribed form, of the precautions to be taken in the
handling, storage and use of the poison and otherwise in relation thereto.]
(2) Subject
to the provisions of this Part of this Law and of any order dispensing with or
relaxing any of the requirements of this paragraph –
(a) it shall not be lawful
to sell any poison included in Part I of the Poisons List to any person unless
that person is either –
(i) certified
in writing in the prescribed manner by a person authorized by order to give a
certificate for the purposes of this Article; or
(ii) known
by the seller or by some registered pharmacist in the employment of the seller
at the premises where the sale is effected;
to be a person to whom the poison may properly be sold;
(b) the seller of any such
poison shall not deliver it until –
(i) he
has made or caused to be made an entry in a book to be kept for that purpose
stating, in the prescribed form, the date of the sale, the name and address of
the purchaser and of the person, if any, by whom the certificate required under
sub-paragraph (a) of this paragraph
was given, the name and quantity of the article sold, and the purposes for
which it is stated by the purchaser to be required; and
(ii) the
purchaser has affixed his signature to the entry aforesaid.
ARTICLE 17
EXEMPTION WITH RESPECT TO MEDICINES
(1) Nothing
in Article 16 of this Law shall apply –
(a) to a medicine which is
supplied by a registered medical practitioner for the purposes of medical
treatment, by a registered dentist for the purposes of dental treatment or by a
registered veterinary surgeon for the purposes of animal treatment; or
(b) to a medicine which is
dispensed by an authorized seller of poisons on premises duly registered under
Part II of this Law; or
(c) to a poison forming
part of the ingredients of a medicine which is supplied by an authorized seller
of poisons on premises duly registered under Part II of this Law;
if the requirements contained in the following provisions of this
Article are satisfied in relation thereto.
(2) The
medicine must be distinctly labelled with the name and address of the person by
whom it is supplied or dispensed.
(3) On
the day on which the medicine is supplied or dispensed or, if that is not
reasonably practicable, on the day next following that day, there must be
entered in a book which is used regularly for the purpose of this provision,
but which need not be used exclusively for that purpose, the following
particulars –
(a) the date on which the
medicine was supplied or dispensed;
(b) the ingredients of the
medicine and the quantity thereof supplied;
(c) if the medicine was dispensed
by an authorized seller of poisons, the name or initials and, if it is known,
the address of the person by whom, and the name and, if it is known, the
address of the person to whom, and the date on which, the prescription was
given;
(d) if the medicine was not
so dispensed, the name of the person to whom it was supplied:
Provided that the provisions of this paragraph shall, in the case
of a medicine supplied on a prescription on which the medicine has been
supplied by the seller on a previous occasion, be deemed to be complied with if
the day on which the medicine is supplied and the quantity thereof supplied are
entered in the book on that day or, if that is not reasonably practicable, on
the day next following that day, together with a sufficient reference to any
entry in the book duly recording the dispensing of the medicine on the previous
occasion.
(4) In
the case of a medicine which is supplied or dispensed by a person who is an
authorized seller of poisons and is compounded by the person supplying or
dispensing it or by a person in his employment, the medicine must have been
compounded by or under the direct and personal supervision of a registered
pharmacist.
(5) In
the case of a medicine which is supplied or dispensed by a person who is an authorized
seller of poisons, the supplying or dispensing of the medicine must be effected
by or under the direct and personal supervision of a registered pharmacist.
ARTICLE 18
EXEMPTION WITH RESPECT TO SALES BY WHOLESALE AND SALES TO CERTAIN
PERSONS
Except as provided by order, nothing in the foregoing provisions of
this Part of this Law shall extend to or interfere with –
(a) the sale of poisons by
way of wholesale dealing; or
(b) the sale of poisons to
be exported to purchasers outside the Island; or
(c) the sale of an article
to a registered medical practitioner, registered dentist or registered
veterinary surgeon for the purpose of his profession; or
(d) the sale of an article
for use in or in connexion with any hospital, infirmary, dispensary or similar
institution which is under the control of any administration of the States or
of any parochial authority or which has been approved by the Committee for the
purposes of this Article; or
(e) the sale of an article
by a person carrying on a business, in the course of which poisons are
regularly sold either by way of wholesale dealing or for use by the purchasers
thereof in their trade, business or profession to –
(i) a
person who requires the article for the purpose of his trade, business or
profession or for the purpose of enabling him to comply with any requirements
made by or in pursuance of any enactment with respect to the medical treatment
of persons employed by that person in any trade, business or profession carried
on by him; or
(ii) any
Department of Her Majesty’s Government, any administration of the States
or any parochial authority requiring the article for the purposes of the public
service; or
(iii) a
person or institution concerned with scientific education or research, if the
article is required for the purpose of that education or research.
ARTICLE 19
CERTAIN PERSONS OTHER THAN AUTHORIZED SELLERS OF POISONS TO BE
ENTITLED TO SELL POISONS IN PART II OF POISONS LIST
(1) Any
person who, not being entitled to sell poisons included in Part I of the
Poisons List, desires to be entitled, subject to the provisions of this Law, to
sell poisons included in Part II of the Poisons List, may apply to the
Committee in the prescribed form for his name and the address of the premises
on which he desires to be entitled to sell such poisons to be entered on a list
to be kept by the Committee for the purposes of this Article and, subject as
hereinafter provided, the Committee shall enter in the list the name and
address of the premises of any person who makes such an application as
aforesaid:
Provided that the Committee may refuse to enter in, or may remove
from, the list the name of any person who in the opinion of the Committee is,
for any sufficient reasons relating either to him personally or to his premises,
not fit to be on the list.
(2) If
any person is aggrieved by the refusal of the Committee to enter his name in
the said list or by the removal of his name therefrom, he may appeal to the
Court against the refusal or removal.
(3) If
any person whose name is entered in the said list is convicted before any court
of any criminal offence which, in the opinion of the court, renders him unfit
to have his name on the list, the court may, as part of the sentence, order his
name to be removed from the list and direct that he shall, for such period as
may be specified in the order, be disqualified for having his name entered in
the list.
(4) The
said list shall be open at all reasonable times to the inspection of any person
without fee.
(5) It
shall not be lawful for any person whose name is entered in the said list to
use in connexion with his business any title, emblem or description reasonably
calculated to suggest that he is entitled to sell any poison other than a
poison which he is under this Law entitled to sell, and, if any person acts in
contravention of this paragraph, he shall be liable in respect of each offence
to a fine not exceeding twenty pounds sterling and, in the case of a continuing
offence, to a further fine not exceeding five pounds sterling for every day
subsequent to the day on which he is convicted of the offence during which the
contravention continues.
(6) In
this Article “relating to him personally” means, in relation to a
person being a body corporate, relating personally to the members of the board,
or to the manager or other officers of the body corporate.
ARTICLE 20
PROHIBITION ON SALE OF POISONS BY MEANS OF AUTOMATIC MACHINES
It shall not be lawful for a poison to be exposed for sale in, or
to be offered for sale by means of, an automatic machine.
PART IV
MEDICINE
ARTICLE 21
DISCLOSURE OF COMPOSITION OF MEDICINES
(1) Subject
to the provisions of this Part of this Law, no person shall –
(a) sell any article
consisting of or comprising a substance recommended as a medicine; or
(b) supply any such article
as a sample for the purpose of inducing persons to buy by retail the substance
of which it consists or which it comprises;
unless there is written so as to be clearly legible on the article
or a label affixed thereto, or, if the article is sold or supplied as aforesaid
in a container, on the container or a label affixed thereto, or, if the article
is sold or supplied as aforesaid in more than one container, on the inner
container or a label affixed thereto –
(i) the
appropriate designation of the substance so recommended, or of each of the
active constituents thereof, or of each of the ingredients of which it has been
compounded; and
(ii) in
a case where the appropriate designation of each of the active constituents or
the ingredients is written as aforesaid, the appropriate quantitative
particulars of the constituents or ingredients:
Provided that this paragraph shall not apply to any article made up
and supplied for the use of a particular person, being an article prescribed by
reference to the needs of that person.
(2) If
any person sells or supplies an article in contravention of the provisions of
this Article, he shall, subject to the provisions of this Part of this Law, be
liable –
(a) in the case of a first
conviction, to a fine not exceeding twenty pounds sterling; and
(b) in the case of a
subsequent conviction, to a fine not exceeding one hundred pounds sterling, or
to imprisonment for a term not exceeding three months, or to both such fine and
such imprisonment.
(3) In
this Article –
(a) “appropriate
designation” in relation to a substance, constituent or ingredient, means
–
(i) in
a case where the substance, constituent or ingredient is a poison included in
the Poisons List, the name with which the container of the poison is for the
time being required to be labelled in pursuance of sub-paragraph (c) of paragraph (1) of Article 16 of
this Law;
(ii) in
a case where the substance, constituent or ingredient is not a poison and is
described in any of the monographs contained in the edition of the British
Pharmacopoeia or the British Pharmaceutical Codex which was last published
before the date on which the article was sold or supplied, the description set
out at the head of that monograph;
(iii) in a
case where the substance, constituent or ingredient is not such a poison and is
not so described, the accepted scientific name, or other name descriptive of
the true nature, of the substance, constituent or ingredient;
(b) “appropriate
quantitative particulars”, in relation to the active constituents or the
ingredients of a substance, means –
(i) the
approximate percentage of each of those constituents or ingredients contained
in the substance or the approximate quantity of each of those constituents or
ingredients contained in the article sold or supplied; or
(ii) in
a case where the said article consists of or comprises a number of separate
portions of the substance, either the approximate percentage or quantity
aforesaid, or the approximate quantity of each of the constituents or ingredients
contained in each portion;
but, in relation to constituents or ingredients being sera,
vaccines, or vitamins, means –
(iii) the
approximate quantity, expressed in terms of international units, of each of
those constituents or ingredients contained in the substance or in the article
sold or supplied; or
(iv) in a
case where the said article consists of or comprises a number of separate
portions of the substance, either the approximate quantity aforesaid, or the
approximate quantity, expressed in terms of international units, of each of the
constituents or ingredients contained in each portion.
ARTICLE 22
RESTRICTION ON SALE OF MEDICINES BY UNAUTHORIZED PERSONS
(1) Subject
to the provisions of this Part of this Law, no person shall sell by retail any
article consisting of or comprising a substance recommended as a medicine
unless he is –
(a) a
registered medical practitioner or registered dentist; or
(b) an
authorized seller of poisons; or
(c) a
person, not being a registered medical practitioner or registered dentist or an
authorized seller of poisons, but being a person who –
(i) has
served a regular apprenticeship to a registered pharmacist, or to a body
corporate authorized to sell poisons by virtue of Article 10 of this Law; and
(ii) is,
at the date of the coming into force of this Law, carrying on on his own
account a business which comprises the retail sale of drugs.
(2) Subject
to the provisions of this Part of this Law –
(a) an
authorized seller of poisons shall not sell by retail any article consisting of
or comprising a substance recommended as a medicine unless the sale is effected
at premises duly registered under Part II of this Law; and
(b) a
person mentioned in sub-paragraph (c)
of paragraph (1) of this Article shall not sell by retail any such article
unless the sale is effected at a shop and the business carried on at that shop,
so far as it concerns the retail sale of drugs, is under the personal control
of that person.
(3) If
any person sells an article in contravention of any of the provisions of this
Article, he shall, subject to the provisions of this Part of this Law, be
liable –
(a) in
the case of a first conviction, to a fine not exceeding twenty-pounds sterling;
and
(b) in
the case of a subsequent conviction, to a fine not exceeding one hundred pounds
sterling, or to imprisonment for a term not exceeding three months, or to both
such fine and such imprisonment.
(4) It
shall be a defence for a person charged with selling an article in
contravention of the provisions of this Article to prove that the sale was
effected at a shop, and that the article consisted wholly either –
(a) of
a substance produced by drying, crushing, or comminuting (but not subjecting to
any other process) a plant or plants or any part thereof, or of a mixture the
sole ingredients whereof are two or more such substances, or of a mixture the
sole ingredients whereof are one or more of such substances and water; or
(b) of a natural mineral
water or an artificial imitation thereof.
(5) It
shall also be a defence for a person charged with selling in contravention of
the provisions of this Article an article consisting of or comprising a
substance recommended as a medicine to prove that the sale was effected at a
shop, and that the article was sold under a proprietary designation, and either
–
(a) that the substance
recommended as a medicine, as distinguished from individual constituents or
ingredients of that substance, was not described in any of the monographs
contained in the edition of the British Pharmacopoeia or the British
Pharmaceutical Codex which was last published before the date of the coming
into force of this Law or the date on which the substance was first sold by
retail under the proprietary designation, whichever date is the later; or
(b) if the said substance
was described in such a monograph, that the article was not sold under a title
which included, in addition to the proprietary designation, any word or words
which constitute or form part of the description set out at the head of that
monograph; or
(c) if the said substance
was described in such a monograph and the article was sold under such a title,
that at the date of the coming into force of this Law –
(i) the
said substance was ordinarily being sold by retail under that title; and
(ii) not
more than one other substance recommended as a medicine, being a substance
described in any other such monograph, was ordinarily being sold by retail
under a title which included both the same proprietary designation and any word
or words which constitute or form part of the description set out at the head
of that other monograph.
ARTICLE 23
PROVISIONS AS TO LEGAL PROCEEDINGS
(1) It
shall be a defence for a person charged with selling or supplying, in
contravention of any of the provisions of this Part of this Law, an article
consisting of or comprising a substance recommended as a medicine to prove
–
(a) that he did not know,
and had no reason to believe, that the article consisted of or comprised such a
substance; or
(b) that, in relation to
the matter in respect of which he is charged, he acted in the course of his
employment as a servant or agent of another person on the instructions of his
employer or of some other specified person.
(2) No
prosecution for a contravention of any of the provisions of this Part of this
Law shall be instituted without the consent of the Attorney General.
PART V
MISCELLANEOUS
ARTICLE 24
CONSULTATION WITH REGISTERED PHARMACISTS
The Committee may nominate not less than two, and not more than
four, registered pharmacists to advise the Committee in the discharge of its
functions under this Law, and any such nomination may be terminated by the
Committee should it so think fit.
ARTICLE 25
POWER OF COMMITTEE TO MAKE ORDERS
(1) The
Committee may, by order, make provision with respect to any of the following
matters or for any of the following purposes –
(a) the manufacture of
pharmaceutical preparations containing poisons;
(b) the sale, whether by
wholesale or by retail, or the supply, of poisons by or to any persons or
classes of persons, and, in particular, but without prejudice to the generality
of the foregoing provisions –
(i) for
regulating or restricting the sale or supply of poisons by persons whose names
are entered in the list kept in pursuance of Article 19 of this Law and for prohibiting
the sale of any specified poison or class of poisons by any class of such
persons; and
(ii) for
prohibiting the sale by retail of poisons (being poisons included in Part I of
the Poisons List) except on a prescription duly given by a registered medical
practitioner, registered dentist or registered veterinary surgeon, and for
prescribing the form and regulating the use of prescriptions given for the
purpose of any order made under this sub-paragraph; and
(iii) for
dispensing with or relaxing with respect to poisons any of the provisions
contained in Part III of this Law relating to the sale of poisons;
(c) the storage, transport
and labelling of poisons;
(d) the containers in which
poisons may be sold or supplied;
(e) the addition to poisons
of specified ingredients for the purpose of rendering them readily
distinguishable as poisons;
(f) the compounding
and dispensing of poisons;
(g) the period for which
any books required to be kept for the purposes of Part III of this Law are to
be preserved;
(h) the period for which
any certificate given under Part III of this Law is to remain in force;
(j) for requiring
persons in control of the manufacture of pharmaceutical preparations containing
poisons to be registered pharmacists or persons possessing the prescribed
qualification in chemistry;
(k) for prescribing
anything which is by this Law to be prescribed;
(2) The
power to make provision under this Article with respect to poisons includes the
power to make provision with respect to any class of poisons or any particular
poison.
ARTICLE 26
PROVISIONS AS TO ORDERS
(l) Every
order made under this Law –
(a) shall come into force
on the date prescribed thereby;
(b) may be amended or
revoked by a subsequent order;
(c) shall remain in force
until revoked; and
(d) shall be laid before
the States as soon as may be after it is made, and if the States, within the
period of twenty-one days beginning with the day on which any such order is
laid before them, resolve that it be annulled, it shall cease to have effect, but
without prejudice to anything previously done thereunder or to the making of
any new order.
(2) The
Greffier of the States shall cause every order made under this Law to be
printed and shall cause to be published in two newspapers circulating in the
Island, one being a publication in French and the other a publication in
English, a notice stating that the order
has been made, the date of the coming into force thereof and the place at which
printed copies thereof may be purchased.
ARTICLE 27
PENALTIES
(1) A
person who acts in contravention of or fails to comply with any of the
provisions of Part III of this Law (other than paragraph (5) of Article 19) or
of any order shall be liable in respect of each offence to a fine not exceeding
fifty pounds sterling and, in the case of a continuing offence, to a further
fine not exceeding ten pounds sterling for every day subsequent to the day on
which he is convicted of the offence during which the contravention or default
continues.
(2) In
the case of proceedings against a person under this Article for or in connexion
with the sale, exposure for [sale, use or supply] of a poison effected by an
employee –
(a) it shall not be a
defence that the employee acted without the authority of the employer; and
(b) any material fact known
to the employee shall be deemed to have been known to the employer.
(3) Notwithstanding
any enactment or rule of law to the contrary, any proceedings which may be
taken against any person under this Law may be taken at any time within the
period of twelve months next after the date of the commission of the alleged
offence or within the period of three months next after the date on which
evidence, sufficient in the opinion of the Committee to justify the
proceedings, comes to the knowledge of the Committee or, where the person in
question was outside the Island at that date, within the period of twelve
months from the date on which he first lands in the Island thereafter,
whichever of the said periods last expires.
(4) For
the purposes of paragraph (3) of this Article, a certificate purporting to be
signed on behalf of the Committee as to the date on which such evidence as
aforesaid came to the knowledge of the Committee shall be sufficient evidence
thereof.
(5) In
any proceedings for an offence against this Law, a certificate stating the
result of any analysis made on behalf of the Committee shall be admissible in
any proceedings under this Act as evidence of the matters stated therein but
the prosecution or the defendant or person charged with the offence may require
the person by whom the analysis was made to be called as a witness.
ARTICLE 28
INSPECTION
(1) Any
officer of the Committee, being a registered pharmacist, generally or specially
authorized in writing in that behalf (in this Article referred to as an
“inspector”) shall be entitled at all reasonable times, subject to
the production by him if so required of evidence of his authority, to enter any
premises which are on the register of premises, or the premises on which any
person whose name is entered in the list kept in pursuance of Article 19 of
this Law carries on business, or any premises in which he has reasonable cause
to suspect that a breach of the provisions of this Law or of any order has been
committed, and, in any such case, he shall have power to make such examination
and enquiry and to do such other things (including the taking, on payment
therefor, of samples) as may be necessary for ascertaining whether the
provisions aforesaid are being complied with.
(2) If
a person wilfully delays or obstructs an inspector in the exercise of any
powers under this Article, or refuses to allow any sample to be taken in
accordance with the provisions of this Article, or fails without reasonable
excuse to give any information which he is duly required under this Article to
give, he shall in respect of each offence be liable to a fine not exceeding
five pounds sterling.
(3) Without
prejudice to the generality of the foregoing provisions, it shall be the duty
of every person who appears to be conducting in any premises any business which
comprises the retail sale of drugs to state, on being required so to do by an
inspector, who the owner of the business is, and, if any person fails without
reasonable excuse to comply with the provisions of this paragraph, he shall be
liable in respect of each offence to a fine not exceeding five pounds sterling.
(4) Nothing
in this Article shall authorize any inspector to enter or inspect the premises,
not being a shop, of a registered medical practitioner, registered dentist or
registered veterinary surgeon.
* * * * * *
ARTICLE
30
REPEAL
The
“Règlement (1950) sur l’exercice de la Pharmacie et la Vente
des Poisons” is hereby repealed.
ARTICLE 31
SHORT TITLE AND COMMENCEMENT
(1) This
Law may be cited as the Pharmacy, Poisons and Medicines (Jersey) Law, 1952.
(2) This
Law shall come into force on such day or days as the States may by Act appoint,
and different days may be appointed for different purposes and different
provisions of this Law