Pharmacy and Poisons Act Amendment Act 1899 (WA)

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ANNO SEXAGESIMO TERTIO

VICTORLE REGINA,.

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No. XXXVI.

AN ACT to amend the Pharmacy and Poisons

Act, 1894.

[Assented to, 16th December, 48)99.]

Legislative Assembly of Western Australia, in this present Parlia- with the advice and consent of the Legislative Council and ment assembled, and by the authority of the same, as follows:— BE it enacted by the Queen's Most Excellent Majesty, by and

1.

THIS Act may be cited as the Pharmacy and Poisons Act Amendment Act, 1899, and shall be read with the Pharmacy and	Short title and in-
corporation with 58
Poisons Act, 1894, hereinafter called the principal Act.	Viet., 35.

(1 .) NOTWITHSTANDING anything contained in the Pharmacy and Poisons Act, 1894, no person shall sell any arsenic or	Arsenic and strych-
nine must be
strychnine, or any preparation of arsenic or strychnine, unless, in the	coloured.
case of arsenic or any uncoloured preparation of arsenic, it is mixed,	Queensland Act,
before the sale or delivery, with soot or some other black substance in	55 Viet., No. 31, s. 6.
the proportion of one ounce of soot or other black substance at least to one pound of arsenic, and so in proportion for any greater or less quantity, and unless, in the case of strychnine or any uncoloured preparation of strychnine, it is coloured with Armenian bole or some other red colouring matter before the sale or delivery thereof.

2.

63" VICTORTIE No. 36.

Pharmacy and Poisons—Amendment.

(2.) Provided that, whenever the purchaser states that the arsenic or strychnine, or any preparation thereof respectively, is not required for any pastoral or agricultural use or for the destruction of vermin, but is required for a purpose for which such admixture with colouring matter would, according to the representation of the purchaser, render it unfit (a statement of which purpose is entered in the book required by section twenty-nine of the principal Act to be kept and signed as thereby required or specified in the letter therein referred to, as the case may be), such poison may be sold without such admixture.

58 Viet, 35, s. 33,	(3.) Every person failing to comply with or acting contrary against the principal Act, and, upon conviction, be liable to the same fine or imprisonment as is mentioned ill section thirty-three of the principal Act.
to apply to sales	to any of the provisions of this section shall be guilty of an offence
under this Act.

Amendments of 58	3. THE principal Act is amended, as follows:
Vide 35.

in section twenty-one, paragraph (e.), the words " Western Australia" are struck out, and the words "in any of the Australasian colonies " are substituted therefor ; and all the words after the word " Practitioners " are struck out, and the words " and has passed all examinations prescribed by the Regulations or examinations which. in the opinion of the Board, are equivalent thereto " are substituted therefor :

S. 21 (e) amended.

S. 27 amended. In section twenty-seven, the word " twenty " is struck out,

and the word " five " is substituted therefor :

S. 29 amended.	The word " Poisons,' in paragraph (h.) of section twenty- nine, shall apply only to the poisons mentioned in Part I. of the Schedule hereto :
S. 30 amended.	In section thirty, the word ' poison " shall apply only to

the poisons mentioned in Part I. of the Schedule hereto :

3.31 amended.

At the end of section thirty-one the following words are added :—" together with the address of the shop or premises from which the poison was obtained."

S. 36 amended.

In section thirty-six, after the word "other," in the seventh line, the word " licensed " is inserted ; and in the eleventh line, after the words " eradication of." the following words are inserted : " disease in any animals or of ;" and after the word "such," in the fourteenth line, the following words are inserted: " nor to the sale for mining or industrial purposes of cyanide of potassium, strong mineral acids, or other metallurgical chemicals required in the mining or in such other industry where such chemicals are required in large quantities."

63° VICTORDE, No. 36.

Pharmacy and Poisons—Amendment.

In section thirty-eight, sub-section (1), paragraph (c), last line, after the word " chemist " the following words are inserted:—" or who carries on any business or takes part or assists in any business in any shop or premises whereon or whereto is affixed any name, sign, letters, or inscription containing the word ' medical,' or apothecaries,' or drug,' or • druggist,' either alone or in conjunction with any other word or words ; or any other words suggesting that the business of a chemist or druggist is carried on upon such premises."

S. 38 amended.

The Fifth Schedule is repealed, and the Schedule hereto

Fifth Schedule re-

shall be substituted for and stand as such Fifth Schedule. pealed.

(1.) NO pharmaceutical chemist or legally qualified medical practitioner shall carry on or attempt to carry on the business of a	Pharmaceutical
chemist ; business to be carried on by the
chemist mid druggist, or pharmaceutical chemist, or assume or use	principal himself or
the title of a pharmaceutical chemist, pharmaceutist, pharmacist,	by a qualified assis-
chemist and druggist, dispensing chemist, hommopathic chemist or	tant.
other title of like import, or use or exhibit any title, term, or sign on any shop, house, or premises which can be construed to mean that the business of a pharmaceutical chemist is carried on therein, unless such business is conducted by and under the personal supervision of himself or of an assistant who is a pharmaceutical chemist or a legally qualified medical practitioner.
(2.) Every pharmaceutical chemist, and every licensed vendor of poisons, and every person or assistant under whose conduct or	Chemists and
persons licensed to sell poisons to have
management the business or any branch of the business of a	their names painted
pharmaceutical chemist is carried on, shall have his name legibly	RP.
painted or written, and continually so maintained, on a. conspicuous place on the front of the building where such business is carried on.
(s.) Every person who fails to comply with or acts contrary to any of the provisions of this section shall be guilty of an offence against the principal Act, and, on conviction thereof, shall be liable to a penalty not exceeding Fifty pounds, and an additional penalty of Five pounds for every day during which such failure or act continues.

4.

5.

EVERY person licensed under the principal Act to sell poisons shall, immediately on demand being made to him at Ins shop	Person licensed to
sell. poisons to pro. dneo on demand by
or place of business by a member of the Council or its Registrar, or	certain persons the
any person authorised in writing under the hand of the President or	book required to be kept by 58 Viet., 35,
Registrar, produce and show the book to be kept under section	s. 29.
twenty-nine of the principal Act, and permit the same to be examined, and any person neglecting, failing, or refusing to produce and show such book on demand, or to permit the same to be examined, shall be guilty of an offence against the principal

63° VICTORIIE, No. 36.

Pharmacy and Poisons—Amendment.

Act, and be liable, on conviction, to the same, fine or imprisonment as is mentioned in section thirty-three of the principal Act.

Evidence under 6. IN any prosecution under section thirty-eight of the prin-

section 38 of 58	cipal Act, or section five hereof, the fact that any person is
\riot., 35, and
section 5 of this	apparently employed or engaged in any shop, house, or premises
Act.	where drugs are kept or stored for sale, or acts in the capacity of a salesman therein, shall be prima facie proof that such person carries on business as a pharmaceutical chemist in such shop, house, or premises, and personally conducts and supervises the business carried on therein.

fled at p,„„i „,4„ of shall prevent any person carrying on the business or occupation of al'emn duly 7. NOTHING in this Act contained, or in the principal Act,

Act not prevented pharmaceutical chemist in Western Australia, who, at the passing of

from trading as

this Act, is possessed of any qualification leoally recognised in any

chemist. .

of the Australasian colonies, and has been resident in the Colony for the period of three months immediately preceding the passing of this

Proviso. Act : Provided that such person shall apply to be registered under the provisions of this Act within three months after the passing thereof ; and if any such person shall not so apply, he shall be excluded from the provisions of this section.

In the name and on behalf of the Queen I hereby assent

to this Act.

GERARD SMITH, Governor.

63" VICTORLZE No. 36.

Pharmacy and Poisons—Amendment.

SCHEDULE. Section 3.

(in substiiudion for 5th Schedule in 58 Vitt., Nu. 35)

PART I.

Aconite

Arsenic and its preparations

Arsenical preparations, except green and other paints and pigments

AR poisonous vegetable Alkaloids, and their salts

Belladonna and its preparations

Cannabis Indicus

Cantharides

Chloral Hydrate

Chloroform

Cocaine and its preparations

(Ioniam and its preparations

Corrosive Sublimate

Croton Oil

Cyanides of Potassium and all metallic cyanides

.Digitalis and its preparations

Ergot of Rye and its preparations

Essential Oil of Almonds, unless deprived of its prussic

acid

I

Iodine

Laudanum

Nux Vomica, bean or powder

Opium and all preparations of opium or pop fies

Phosphorus

Prussic Acid and its preparations

" Rough on Rats "

Savin and its oil

Strychnine and its preparations

Tartar Emetic.

PART H.

Butyl. of Antimony

Carbolic Acid

Chlorodyne

Colocynth Pulp

Ether

Iodoform

Mercury Subehloride

Oxalic Acid

Patent and Proprietary Medicines containing any poison mentioned in

Part I. of this Schedule

Red Precipitate

Soothing Powders

Soothing Syrups

Strong Mineral Acids

Sugar of Lead

White Precipitate.

By Authority : RICHARD Prunes, Government Printer, Perth.