Poisons Act 1902 (NSW)

460   Act No. 65, 1902.

Foisons.

Act No. 65, 1902,

po^.s, Xn Act to consolidate tlie enactments for regu­

lating the sale and use of poisons. [4//̂

September, 1902.]

”|3 E it enacted by the King’s Most Excellent Majesty, by and with J 3 the advice and consent of the Legislative Council and Legislative Assembly of Kew South "Wales in Parliament assembled, and by the authority of the same, as follows :—

PAKT I.

P r e l i m i n a r y .

Short title and

divUion. 1. This Act may be cited as the “ Poisons’Act, 1902,” and is divided into Parts, as follows :—

PART I.—P r e l i m i n a r y — ss. 1-4.

PART I I .—C e r t i f i c a t e s a n d s a l e s o f p o i s o n s — ss. 5-13.

PART I I I .—Miscellaneous—ss. 14-15.

Repeal and savings. 2 . (1) The Acts mentioned in the Eirst Schedule hereto are,

to the extent therein expressed, hereby repealed.

(2) All proclamations published under the authority of the enactments hereby repealed, and in force at the time of the passing of this Act, shall be deemed to have been published hereunder.

(3) All regulations made under the authority of the enact­ ments hereby repealed, and in force at the time of the passing of this Act, shall be deemed to have been made hereunder.

(4) All certificates granted under the authority of the

enactments hereby repealed, and having any effect at the time of the

passing of this Act, shall be deemed to have been granted hereunder.

Definition of poison. 3 . The Several substances mentioned in the Second Schedule

40 Vic. No. 9,8. 8.	hei’cto shall be deemed poisons within the meaning of this A ct:
Provided always that the Governor may, by proclamation in the Gazette, declare that any other natural or chemical substance or preparation specified in such proclamation shall be deemed a poison within the meaning of this Act.

Application of Act. 4 . (1) Nothing in this Act shall apply to the-sale of—

H id . 8. 7. (a) any poison when made up or compounded as a medicine according to the prescription of a medical practitioner, or in the form of homoeopathic medicine, unless in the crude state, mother tincture, or of a greater strength than the third potency;

(d) patent medicines; (c)

Act No. Go, 1902. 461

Poisons.

(c) plioto^raphic materials for the purposes of pliotograpliy ;

{d)

medicines dispensed by veterinary surgeons, for animals

under their treatm ent; or

{e)

fly poison papers or packets of poisonous mixtures for the (2) INothing in this Act shall apply to sales of poisons ]>y •\vliolcsale dealers in the ordinary course of wliolesale dealing, if an order in writing signed hy the ])urchaser is given for the supply of the same, provided that all such sales shall he entered in a book, and the packages of poison shall he labelled as directed hy section twelve. destruction of vermin, when duly marked as such.

PART II.

C e u t i f i c a t e s a k d s a l e s o f p o i s o n .

5 . ( 1 ) The Pharmacy Board of New South Wales may issue certificate to deal in

certificates to any pharmacist registered under the provisions of tlie

Pharmacy Act, 1897, that such pharmacist is duly qualified to be ^ j°’

dealer in poisons ; o. / o . , s. . .

Provided that in places remote from large towns, any person

who produces a certificate in the form of tlie Third Schedule hereto. Third ScUcduio.

from a legally qualified medical practitioner and a police magistrate,

that he is a fit and proper person to he allowed to sell poisons in such

place shall receive a certificate as a dealer in poisons renewable at the

discretion of the said Board, in the month of January in each year.

(2) Whosoever not being the holder of a certificate granted Penalty on selling

und(!i' this Act sells any poison shall he liable to a penalty not"*' ’̂'"”'̂

exceeding fifty pounds.

6. (1) Every person Avho sells any poison specified in the first Sales of poisons to

part of the Second Schedule hereto shall, before delivery thereof to the	‘"tered.
purchaser, inquire his name, place of abode, and occupation, and the

purpose for udiich such poison is required or stated to he required.

Second Schedule.

(2) Such person shall thereupon make a faithful entry of such sale, specifying the poison and the quantity thereof, and all such particulars so given hy the purebaser, together with the day of the month and year of such sale, in a book to he kept by the vendor for that purpose, in the form of the Eourth Schedule hereto.

Fourth Schedule.

(3) Every such entry shall he signed by the person making the same, and also hy the purchaser, unless he declares himself unable to Avrite, in Avhich case the person making the entry shall add thereto the words “ Purchaser cannot Avrite.”

(4) WhencA'cr a Avitness to the sale is required hy this Act,

such entry shall he signed by such Avitness, and shall also state his

place of abode. 7 .

462   Act No. 65, 1902.

Foisons.

Sales by

correspondence.	7. (1) In cases where sales and purchases of such poisons are made hy correspondence, the letter ordering the same shall be preserved by the vendor, and a memorandum of the date of the said letter, by whom it was written, and the quantity and particulars of the poison therein ordered, shall be entered in the said book.
40 Vic. No. 9, s. 2.
(2) No 23crson shall sell any such poison so ordered to any person with whose signature he is not acquainted, unless such signature has been witnessed, or purports to have been witnessed, by a justice of tlie peace, clergyman, or public officer, or is authenticated by some person known to the vendor.

Restrictions as to tlie	8 . (1) No person shall sell any poison specified in the first part
sale of any poison

specified in the first

of the Second Schedule hereto to any person who is under eighteen

part of the Second

years of age, or who is unknown to the vendor, unless the sale is made

Schedule.

Ibid. s. 3.

in the presence of some witness who is known to the vendor and

knows the purchaser.

(2) Such Avitness shall sign his name and add his place of

abode to the required entry before the delivery of the poison to the

purchaser.

Penalties. 9 . Whosoever—

Ibid, s, 6. {a) sells any poison specified in the first part of the Second

Second Schedule.

Schedule hereto, and delivers the same Avithout having made

and signed the entries required by this A ct;

(b)	sells such poison Avithout having obtained the signature to such entry, as required by this A c t;
(c)	purchases such poison, and gives false information in answer to inquiries to the person selling the same in relation to the particulars which he is by this Act authorised to inquire into of such purchaser; or
(d)	signs his name as a Avitness to the sale of any such poison to a

jierson unknoAvn to him,

shall, for every such offence, be liable to a penalty not exceeding

twenty pounds.

Sales of poison for

destruction of 1 0 . No person shall buy or sell any poison for the avowed

vermin.	purpose of destroying rats or other vermin infesting houses unless the
Ibid. 8. 4.	purchaser is a householder.
Arsenic and
strychnine.	11. (1) No person shall sell any arsenic or uncoloured prepara­ tion thereof unless such arsenic or preparation is mixed before the sale or delivery thereof Avith soot or indigo in the proportion of one ounce of soot or half an ounce of indigo, at the least, to one pound of arsenic.
Ibid. B . 5.

(2) No person shall sell any strychnine or uncoloured prepara­

tion thereof unless such strychnine or preparation is coloured before the sale or delivery thereof Avith Armenian bole or other red colouring matter:

Provided that Avheiiever the purchaser states that such arsenic

or strychnine or any preparation thereof respectively is required, not

for any pastoral or agricultural use, but for some other purpose, for

which

Act No. G5, 1902. 463

I ’oisom.

wliicli sucli admixture would, according to the representation of the purcliascr render it unfit, such poison may be sold without the admixture licreiuhefore specified.

1 2 . No person shall sell any poison specified in the Second RuIos to be obsorvod

Schedult! hereto, or any substance or preparation Avhich has been, or ™

is bcrcafter declared to be a poison as berein provided, eitber bv ̂

wholesale or retail, unless the bottle or other vessel, wrapper, or cover,	c e u e.
box, or case immediately containing the same bears thereon tbe word “ l:*oison ” printed cous^ticuously, together Avith the name of the article and th(; name and address of the seller thereof.

1 3 . (1) Whosoever sells any poison otherwise than as is herein Ceniiitics.

provided sball be liabh; to a penalty not exceeding tAventy pounds. 8. lo.

(2) Eor the })urpose of this section tlie person on Avbose

belial r any such sale is made by any apprentice or servant shall be

d(u;med to be the seller :

Provided that such apprentice or servant shall also be

liable to a like penalty.

PAET III .

M is c e l l a n e o u s .

1 4 .     ( 1 ) The Governor may make further regulations as to tbe Regulations,

colouring of any poi.son, or the sale or custody of the same, or f o r 2 1 -

otherwise carrying into elfect the objects of this Act.

(2) Such regulations shall be publisbed in the Gazette, and shall thereupon have the same force and validity as if they formed part of this Act.

(.3) A copy of such regulations shall be laid before both

Houses of Parliament Avithout unnecessary delay.

1 5 . Whosoever being tbe owner or other person in charge or Poisons to bo

possession of any poison leaves it in any place (Avhether the same is ordinarily accessibk' to othei’s or not), unless tbe bottle or package, of Avbatever kind, in Avhich such poison is contained, is marked “ Poison ”

and is othenvise duly labelled in the manner provided by section

tAVclve, shall be liable to a penalty not exceeding tAÂ enty pounds.

SCHEDULES.

FIEST SCHEDULE.

.Refcronco to Act. Title or short title. Extent of repeal.

40 Vic. No. !J ... Sale and Use of .Poisons Act, 1876 ... The unrepealed portion.

No. 7, 1S97 ... Pharmacy Act, 1897 ... ... ... Section nineteen.

464   Act No. 65, 1902.

Poisons.

Sections 3, 6, 8, 9,12. SECOND SCHEDULE.

List of Poisons,

E ie s t P a e t .

Arsenic.

Prussic acid.

Strychnine.

Savin and its oil.

Ers'ot of rye and its preparations.

Chloral hydrate.

Laudanum.

S econd P a e t .

Cyanides of potassium and all metallic cyanides. All poisonous vegetable alkaloids and their salts. Aconite and its preparations.

Tartar emetic.

Corrosive sublimate.

Cantharides.

Oxalic acid.

Chloroform.

Belladonna and its preparations.

Opium and all preparations of opium or of poppies other than laudanum.

Arsenical preparations, except green and other coloured paints.

Sections. THIED SCHEDULE.

Certificate to be signed hg a legallg qualified medical practitioner and a police magistrate.

To the Pharmacy Board of New South Wales.

I, , residing at , in the State of Now South Wales, being

a legally qualified medical practitioner, and I, , a police magistrate,

hereby certify that , now residing at , in the State of New South Wales, is, in our opinion, a fit and proper person to be allowed to sell poisons in that place.

Section 6. EOUETH SCHEDULE.

Form o f entry in hook on sale o f poison.

Name Purpose for

Day of Occupa­ Q uantity and Purchaser’s V endor’s

of p u r­ Place of abode. which it is Witness.

sale. tion. nam es of poison. signature. signature

chaser. required.

1 Dec,, John Bona Station, Squatter 201b. arsenic. Sheep­ John Jones H enry Richard

1902. Jones Merool Creek. 10 oz. strych­ dressing. (or, i f the pu r­ Squires, Stiffener,

nine.	Poisoning	chaser cannot	farmer,
native	icrite^ inscrttke	Merool.
dogs.	words “ P u r­ chaser cannot w rite” ).

Act