Drugs, Poisons and Controlled Substances (Amendment) Regulations 1996 (Vic)
Drugs, Poisons and Controlled Substances
(Amendment) Regulations 1996
S.R. No. 20/1996
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1 2. Authorising provisions 1 3. Principal Regulations 2 4. Amendments to regulation 5(1) 2 5. Amendment to regulation 46(4)(d) 2 6. Amendments to regulation 66 2 7. Substitution of regulation 78(3) 2 8. Insertion of new Division 6 to Part 9 3 Division 6—Labelling for paints (uniform paint standard) 3 109A. Definitions 3 109B. Prohibitions 6 109C. Labelling 7 9. Amendments to regulation 111 11 10. Substitution of regulation 116 11 116. Immediate containers for Schedule 5 poisons 11 11. Amendments to regulation 117 12
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STATUTORY RULES 1996
S.R. No. 20/1996
Drugs, Poisons and Controlled Substances Act 1981
Drugs, Poisons and Controlled Substances
(Amendment) Regulations 1996
The Governor in Council makes the following Regulations:
Dated: 4 March 1996Responsible Minister:
MARIE TEHAN
Minister for Health
KATHY WILSON
Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are to—
(a) Commonwealth standard in relation to the
uniform paint standard, immediateinclude amendments made to the resistant closures; and
(b)
make certain other minor amendments to the Drugs, Poisons and Controlled Substances Regulations 1995.
2. Authorising provisions
These Regulations are made under sections 129 and 132 of the Drugs, Poisons and Controlled Substances Act 1981.
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3. Principal Regulations
In these Regulations the 1Drugs, Poisons and Controlled Substances Regulations 1995 are called the Principal Regulations.
4. Amendments to regulation 5(1)
In the table to regulation 5(1) of the Principal
Regulations—
(a)
in Part 1, in item 4, in Columns 1 and 2, for "or Schedule 8" substitute ", Schedule 8 or Schedule 9"; and
(b)
in Part 2, in item 10, in Column 1, for "warrant" (where twice occurring) substitute "permit".
5. Amendment to regulation 46(4)(d)
In regulation 46(4)(d) of the Principal Regulations, for "(a)" substitute "(c)".
6. Amendments to regulation 66
In regulation 66 of the Principal Regulations—
(a)
for "A person" substitute "(1) A person"; and
(b)
at the end of this regulation insert— "(2) Sub-regulation (1) does not apply to the
sale or supply of a poison or controlled
substance by a medical practitioner,
pharmacist, veterinary surgeon or
dentist in the course of his or herprofessional practice.".
7. Substitution of regulation 78(3)
For regulation 78(3) of the Principal Regulations substitute—
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S.R. No. 20/1996 r. 8 "(3) Regulation 80 and Divisions 3, 4 and 5 do not apply to a paint, other than a paint for therapeutic use, which—
(a) contains no poison or controlled poison; or
(b)
is a table 1 paint, table 2 paint or table 3 paint or a tinter, as defined in Division 6, if labelled in accordance with that Division.".
8. Insertion of new Division 6 to Part 9
After regulation 109 of the Principal Regulations insert—
'Division 6—Labelling for paints (uniform
paint standard)
109A. Definitions
In this Division—
"graphic material" means the material
which is to be deposited on another
material by a graphic instrument during
writing, drawing or marking and
includes cores of pencils, school pastels
or crayons, blackboard chalks, finger or
showcard colours, poster paints and
watercolour blocks;
"non-volatile content" means that portion
of a paint or tinter determined to be the
non-volatile content by a method
approved by the Chief General
Manager;
"paint", without limiting the ordinary
meaning, includes any substance used
or intended to be used for application as
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| a colouring or protective coating to any surface but does not include graphic material; |
"table 1 paint" means a paint containing the
specified proportion of any substance
listed below:
TABLE 1
Proportion
(Calculated as the
percentage of the element
present in the non-volatile
Substance content of the paint) ANTIMONY or antimony more than 5 per cent compounds other than antimony titanate pigments BARIUM salts except barium more than 5 per cent sulfate or barium metaborate CADMIUM or cadmium more than 0.1 per cent compounds CHROMIUM as chromates of more than 5 per cent barium, potassium, sodium, strontium, zinc or ammonium SELENIUM or selenium more than 0.1 per cent; compounds "table 2 paint" means a paint containing the
specified proportion of any substance
listed below:
TABLE 2
Substance Proportion ETHYLENE GLYCOL more than 10 per cent by MONOALKYL ETHERS and their volume acetates METHYLENE CHLORIDE more than 5 per cent by (dichloromethane) weight
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Substance Proportion TOLUENE more than 50 per cent by
volumeXYLENE more than 50 per cent by
volume;"table 3 paint" means a paint containing the
specified proportion of any substance
listed below:
TABLE 3
Proportion
(Calculated as the
percentage of the element
present in the non-volatile
Substance content of the paint) 1. Subject to item 2, LEAD or more than 0.1 per cent lead compounds
2. Until 1 December 1997, more than 0.25 per cent LEAD or lead compounds
3. LEAD or lead compounds more than 0.2 per cent; occurring as an impurity in
zinc based paint"tinter" means any pigment or admixture of
pigment with other substances in
powder, semi-solid or liquid form, sold
or supplied for the purpose of adding to
paint in order to change the colour of
the paint;
"toy" means an object or number of objects
manufactured, designed, labelled or
marketed as a plaything for a child or
children up to the age of 14 years.
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109B. Prohibitions
(1) A person must not manufacture, sell, supply
or use a paint containing basic lead
carbonate (white lead) except a paint for
application as a mirror backing that—
(a)
contains not more than 15 per cent of lead; and
(b)
is applied with a thickness of not more than 40 microns; and
(c)
is covered by a paint which does not contain lead.
Penalty: 20 penalty units.
(2) A person must not manufacture, sell, supply or use a table 1 paint—
(a)
for a roof or for any surface to be used for the collection or storage of potable water; or
(b) for furniture; or
(c) for any fence, wall, post, gate or building (interior or exterior) other than a building which is used exclusively for industrial purposes or mining or any oil terminal; or (d) manufacture, processing, preparation,
for any premises used for the for human or animal consumption.
Penalty: 20 penalty units.
(3) A person must not manufacture, sell, supply or use a table 3 paint—
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(a)
for a roof or for any surface to be used for the collection or storage of potable water; or
(b) for furniture; or
(c) for any fence, wall, post, gate, building (interior or exterior), bridge, pylon, pipeline, storage tank or any similar structure; or (d) used for the manufacture, processing,
preparation, packing or serving offor any premises, equipment or utensils consumption.
Penalty: 20 penalty units.
(4) A person must not manufacture, sell, supply
or use a paint for application to toys unless
the paint complies with the specification for
coating materials approved by the Chief
General Manager.
Penalty: 20 penalty units.
(5) A person must not manufacture, sell supply
or use a paint containing an insecticide.
Penalty: 20 penalty units.
109C. Labelling
(1) A person must not sell or supply a paint or tinter to which this Division applies unless every word, expression or statement that is required by this regulation to be included on
a label is written—
(a) in the English language; and
(b) in durable characters; and
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(c)
in such colour or colours as to provide a distinct contrast to the background colour; and
(d)
unless otherwise specified, in letters the height of which is not less than 1.5 mm; and
(e)
on the container of the paint or tinter or on a label securely attached to that container.
Penalty: 20 penalty units.
(2) A person must not sell or supply a paint or tinter containing any substance listed in the table in the definitions of a table 1 paint,
table 2 paint or table 3 paint unless the paint
or tinter is conspicuously labelled with the
name and proportion of that substance.
Penalty: 20 penalty units.(3) For the purposes of sub-regulation (2), the
proportion of a substance included in the
table in the definitions of a table 1 paint and
a table 3 paint are to be declared—
(a) as the metallic element present; and
(b) when incorporated into a paint, as or "in the dried film".
(4) A person must not sell or supply a tinter
containing more than 0.1 per cent of lead in
the non-volatile content of the tinter or a
table 1 paint, a table 2 paint or a table 3 paint
unless the tinter or paint is labelled with—
(a)
the word "WARNING", written on the first line of the main label in bold face sans serif capital letters, the height of which is not less than 5 mm and no
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line; and
(b) REACH OF CHILDREN", written on
the expression "KEEP OUT OF word "WARNING" as specified in paragraph (a), in bold face sans serif capital letters, the height of which is not less than 2.5 mm.
Penalty: 20 penalty units.
(5) A person must not sell or supply a
table 1 paint unless it is labelled with the
warnings—
"This paint is dangerous to health, even home."—
when dry.
For industrial use only.
Do not use on toys or furniture.
written immediately below the expression
"KEEP OUT OF REACH OF
CHILDREN".
Penalty: 20 penalty units.(6) A person must not sell or supply a table 2
paint unless it is labelled with the
warnings—
"Breathing the vapour is dangerous. Provide adequate ventilation during application.
Do not use in the presence of a naked
flame.
Do not smoke."—
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written immediately below the expression
"KEEP OUT OF REACH OF
CHILDREN".Penalty: 20 penalty units.
(7) A person must not sell or supply a
table 3 paint unless it is labelled with the
warnings—
"This paint contains lead and is drinking water is possible."—
dangerous to health, even when dry.
For industrial use only.
Do not use for painting any building or
fixed structure.
written immediately below the expression
"KEEP OUT OF REACH OF
CHILDREN".
Penalty: 20 penalty units.(8) A person must not sell or supply a tinter
containing more than 0.1 per cent of lead in
the non-volatile content of the tinter unless it
is labelled with the warnings—
"This tinter contains lead. application to any toy, furniture, building (interior or exterior), fixed structure or to anything which may have contact with food or drinking water."—
written immediately below the expression
"KEEP OUT OF REACH OF
CHILDREN".
Penalty: 20 penalty units.'.
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9. Amendments to regulation 111
In regulation 111 of the Principal Regulations—
(a)
for "This Part does" substitute— "(1) Regulations 114, 115 and 116 do"; and
(b) for "prepared—" substitute—
"prepared, packed and sold—"; and
(c)
for paragraphs (a) and (b) substitute— "(a) for human internal or animal internal
use; or
(b)
in containers having a nominal capacity of 15 millilitres or less; or"; and
(d)
after paragraph (f) insert— "(2) Regulation 117 does not apply to a
container that contains a poison or
controlled substance prepared, packed
and sold solely for dispensary,
industrial, laboratory or manufacturingpurposes.".
10. Substitution of regulation 116
For regulation 116 of the Principal Regulations substitute—
"116. Immediate containers for Schedule 5
poisons
A person must not sell or supply a Schedule 5 poison in an immediate container unless—
(a)
the container complies with regulations 114 or 115; or
(b) the container—
(i) is readily distinguishable from a container in which food, wine or
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other beverage is sold or supplied;
and(ii) has one or more of the following expressions—
"POISON"; or
"NOT TO BE TAKEN"; or
"NOT TO BE USED AS A
FOOD CONTAINER"—
embossed or indelibly written on
it or, in the case of a fibreboard
container, written on a paper label
which cannot be removed without
damage to the container.
Penalty: 50 penalty units.".
11. Amendments to regulation 117
In the table, in regulation 117 of the Principal
Regulations—
(a)
after the item relating to "Alkaline salts" (where second occurring) insert—
"Cineole when it is a 200 millilitres
Schedule 6 poison or less
Clove oil when it is a 200 millilitres
Schedule 6 poison or less"; and
(b)
after the item relating to "Eucalyptus oil" insert—
"Eugenol when it is a 200 millilitres Schedule 6 poison or less". ═══════════════
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NOTES
1 S.R. No. 63/1995.
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