Sale and use of Poisons Act 1876 No 27a (NSW)

No. IX.

An Act for regulating* the Sale and Use of Sale and Use op

P oisons.

Poisons. [2U^ August, 1876.]

\ \ J HEIIEAS tlie unrestricted sale of Poisons often leads to fatal Preamble.

V V accidents and the commission of crime And whereas large

quantities of Arsenic Strychnine and other poisons are used in the Colony for pastoral and agricultural purposes and fatal accidents occur by reason of the careless custody and use of such Poisons by the owners thereof or other persons in tlu'ir employ And it is expedient for the safety of the public to regulate the sale of Poisons and to make provision for the exercise of proper precautions in the use of the same Be it therefore enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South "Wales in this present Parlia­ ment assembled and by the authority of the same as follows (that is to

say) _

1. This Act may be cited as the “ Sale and use of Poisons Act short title

1870.”

2. Every person Avho shall sell any poison specified in the first On sale of poison

part of Schedule A shall before the delivery thereof to the purchaser

inquire his name place ol abode and occupation and the purpose lor entry thereof to be

which such poison is required or stated to be required and shall thereupon

make a faithful entry of such sale specifying the poison and the quantity

thereof and all such particulars so given by the purchaser together with

the day of the month and year of such sale in a hook to be kept by the

vendor for that purpose in the form sot forth in the Schedule E to this

Act and every sucli entry shall he signed by the person making the same

and also by the purchaser unless he shall declare himself unable to Avrite

(in Avhich case the person making the entry shall add thereto the words

“ Purchaser cannot Avrite”) and AAdienever a Avitness to the sale is required

62 No. 9. 40” VIC. 1876.

Sale and use o f Poisons.

by this Act such entry shall be signed by such udtness together with his place of abode Provided that in cases where sales and purchases of poisons are made by 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 he entered in the said hook and no person shall sell poison so ordered to any person with whose signature he is not acquainted unless such signature shall have been witnessed or purport to have been witnessed by a Justice Clergyman or public

Restrictions as to the	oiliccr or be authenticated by some person known to the vendor.
sale of any poison	3. No person shall sell any poison specified in the first part of Schedule A to any person who is under eighteen years of age or who is unknown to the vendor unless the sale he made in the presence of some witness who is known to the vendor and to whom the purchaser is known and which witness signs his name together with his place of abode to the required entry before the delivery of the poison to the purchaser.
specified in the first
part of Schedule A.
Sales of poison for

destruction of vermin 4. I t shall not he lawful to buy or to sell any poison for the

to be made only to	avowed purpose of destroying rats or other vermin infesting houses
householders.	unless the purchaser he a householder.
Arsenic and strych­	5. No person shall sell any arsenic or strychnine or any prepa­ ration of the same respectively unless in the case of arsenic and any uncoloured preparation of the same such poison shall he mixed before the sale or delivery thereof with 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 and so in proportion for any greater or less quantity And in the case of strychnine or any uncoloured preparation of the same such poison shall be coloured with Armenian hole or other red colouring ma tter before the sale or delivery thereof Provided always that whenever the pur­ chaser states that such arsenic or strychnine or any preparation thereof respectively is required not for any pastoral or agricultural use hut for some other purpose for which such admixture would according to the representation of the purchaser render it unfit such poison may be sold without the admixture hereinbefore specified.
nine must bo
coloured.
Penalties for ofiencos	6. If any person shall sell any poison specified in the Schedule A to this Act unless as authorized herein—or if on any sale thereof he shall deliver the same without having made and signed the entry hereby required on such sale—or without having obtained such signature to such entry as required by this Act—or if any one pur­ chasing such poison shall give false information in answer to inquiries to the person selling the same in relation to the particulars which he is by this Act authorized to inquire into of such purchaser—or if any one shall sign his name as a witness to the sale of any such poison to a person unknown to such witness every person so offending shall for every such offence upon summary conviction thereof before two Justices be liable to a penalty not exceeding twenty pounds.
under this Act.
medicines or by
Sales of any poison	7. This Act shall not extend to the sale of any poison when 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 Nor to the sale of patent medicines or of photo­ graphic materials for the purpose of photography Nor to the sale of medicines dispensed by veterinary surgeons for animals under their treatment Nor to the sale of fly poison papers or packets of poisonous mixtures for the destruction of vermin when duly marked as such Nor shall it extend to any sales by wholesale dealers in the ordinary course of wholesale dealing if an order in wuhting signed by the purchaser shall be given for the supply of the same Provided that all such sales be entered in a book and the packages of poisons bf' labelled as required by section seventeen.
wholesale dealers	made up or compounded as a medicine according to the prescription
excepted.

1876. 40° VIC. JŜ o. 9. 63

Sale and use o f Poisons.

8 . The several substances mentioned in Schedule A hereto shall Substances named in

ho deemed poisons within the meaning of this Act Provided always that pdions ****

the Governor with the advice of the Executive Council may by Pro­ clamation duly published in the Gazette at any time declare that any otlicr natural or chemical substance or preparation specified in such Proclamation shall he deemed a poison within the meaning of this Act.

9. The Governor with the advice of the Executive Council may Tiie Goremor may

appoint for the purposes of this Act a Board of Pharmacy to consist of the President of the New South Wales Medical Board the Medical Adviser to the Government and the Council of the Pharmaceutical Society of New South Wales.

10. After the time when this Act shall come into operation no Unqualified persona

person shall sell any poison unless he shall have received a certificate from the said Board that he is duly qualified to be a dealer in poisons and any person so selling without such certificate shall be liahh; to a penalty not exceeding fifty pounds.

11. No person shall receive such certificate unless he shall Certificate of

prove to the satisfaction of tlie said Board tliat he has been duly admitted a Pharmaceutical Chemist by the Pharmaceutical Society of Great Britain or a Member or Licentiate of the Apothecaries Halls of London or Dublin—or has received a certificate as a legally qualified medical practitioner—or is entitled to be certified as such under the authority of the Acts passed in the second ninth and nine­ teenth years of the reign of Her present Majesty and numbered respectively twenty-two twelve and seventeen—or unless he be a person Avho shall at the time of the passing of this Act be carrying on business as a chemist and druggist in New South Wales—or unless he shall make a declaration accompanied by a certificate in the form in Schedule E that he has served as an apprentice or assistant to a chemist and druggist for not less than three years and during that period been actually engaged in the dispensing and compounding of medical prescriptions and been examined as hereinafter provided as to Ids skill and competency to conduct the business of chemist and druggist Provided always that in places remote from large towns any p(‘rson who shall produce a certificate according to Schedule D from a legally qualified medical practitioner and a police magistrate that ho is a fit and proper person to he allowed to sell poisons in such place shall receive a certificate as a “ dealer in poisons.”

12. The several persons mentioned in the last section shall be Sueb persons to be

entitled to be registered upon paying a fee of one pound for such Boafd ofp'barmLy.

registration Provided however that any chemist and druggist claiming

to l3e registered must send to the Secretary of the said Board (who shall

also he the Begistrar for the purposes of this Act) a claim in the form

in Schedule 0 to this Act Provided also that for any such registration

of a chemist and druggist unless it be so claimed by him witliin three

months after the passing of this Act he shall pay for registration the

said fee of one pound.

13. The said Board shall without any unnecessary delay make The Board of

regulations for keeping up the “ llegister of Chemists and Druggists ”

“

which shall he alphabetically arranged in accordance with the form in Schedule B hereto and shall he kept by their Secretary and for appointing the fees to be charged for the examination of assistants and apprentices to chemists and druggists—and the mode of con- du(ding the same—and before whom—and the subjects for examinaton (whicdi shall not extend beyond matters immediately connected with the business of a chemist and druggist)—and for the registration of chemists and druggists and of any other certified dealers in poisons— all which regulations shall be submitted to the Governor and Executive Council for approval or alteration and shall when confirmed be

published in the Gazette. 14.

64 No. 9. 40̂ VIC. 1876.

Sale and iise o f Poisons.

Deaths of chemists	14. Every Registrar of Deaths on receiving notice of the death of any chemist and druggist shall forthwith transmit by post to the Secretary of the said Board a certificate under the hand of such Registrar of such death stating the time and place of death for which certificate he shall he entitled to demand and receive from the said Secretary a fee of two shillings and sixpence and on the receipt of such certificate the said Secretary shall erase the name of the deceased from the register,
and druggists to be
noted in register.
Names of qualified	15. No name shall he entered in the register except of persons authorized by this Act to he registered nor unless the Secretary and Registrar shall be satisfied by the proper evidence that the person claim­ ing is entitled to he registered and any appeal from the decision of the Registrar may he decided by the said Board and any entry which may he proved to the satisfaction of the said Board to have been fraudulently or incorrectly made may he erased from or amended in the register by the order in writing of such Board.
persons only to be
entered in register.
Register to be pub­	16. The Secretary and Registrar of the said Board shall in the month of January in eveiy year cause to ho printed and published a copy of the said register showing the names and residences of all persons registered as chemists and druggists under this Act on the thirty-first day of December last preceding which shall he certified by him to he a true copy of the original register (the names of deceased persons being omitted) And every such printed copy or any certificate under the Ixand of the said Secretary and Registrar shallhe pi'imd facie evidence in all Courts of Justice that the persons or person therein specified respectively are duly registered under this Act And the absence of any person’s name in the said printed copy of the said register shall be p>rimd facie evidence that such person is not duly registered under this Act.
lished annually and
to be eyidence.
W ilful falsification of	17. If the Secretary and Registrar aforesaid shall wilfully make any false entry in the said register or if any person shall cause himself to be fraudulently registered therein by making any false represen­ tation or producing any forged certificate to the Secretary and Registrar the offender shpll be deemed guilty of misdemeanor and shall he liable on conviction thereof to be fined and imprisoned for any term not exceeding twelve months.
register &c. an
effence.

Rules to be observed 18. I t shall not be lawful to sell any poison specified in Schedule

in the sale of poison.	A hereto or which may hereafter be declared as hereinbefore provided such either by wholesale or retail unless the bottle or other vessel wrapper or cover box or case immediately containing the same bears thereon the word “ Poison ” printed conspicuously together with the name of the article and the name and address of the seller thereof.
Persons selling con­	19. Any person selling any poison otherwise than is herein pro­ vided shall upon summary conviction thereof before any two Justices be liable to a penalty not exceeding twenty pounds And for the purposes of this section the person on whose behalf any such sale is made by any apprentice or servant shall be deemed to be the seller Provided always that such apprentice or servant shaR be liable to a like penalty.
trary to act liable to
a penalty of £20.

Governor in Council	20. The Goveimor with the advice of the Executive Council
may direct the names

of unfit persons to be	may direct the name of any person who is convicted of any offence
erased from thej	against this Act which in their opinion renders him unfit or who shall
register.	be deemed by them unfit through habitual intoxication or otherwise to be on the register under this Act to he erased from the same and the Secretary and Registrar shall erase his name accordingly.
The Governor in	21. The Governor with the advice of the Executive Council may any poisons—or the sale or custody of the same—or for the registration of persons claiming to be registered as chemists and druggists (in
Council may make
Regulations for sale	from time to time make any further regulations as to the colouring of
of poisons.

the

1876. 40'’ VIC. No. 9.

Sale and me o f Foisons.

the event of sufficient regulations in that behalf not being made by the said Board)—or otherwise carrying into effect the objects of this Act— which after publication in the Gazette shall have the same force and validity as if the same formed part of this Act Provided that a copy of the same shall be laid before both Houses of Parliament without unnecessary delay.

22. I t shall not be lawful for the oAvner or other person in Owners of poisons not

charge or possession of any poison to leave it in any place (whether )̂(jabeHed*undorT'̂

the same be ordinarily accessible to others or not) unless the bottle or penalty,

package of Avhatcver kind in Avhich sucli poison may be contained shall

be marked as “ Poison” and be otherAvise duly labelled in the manner provided by section eighteen And any person so offending shall be liable on summary coiiAdction thereof before any tAvo Justices to a penalty not exceeding tAventy pounds.

23. Any person feeling himself aggrieved liy any conviction or Appeal allowed to

penalty imposed under the authority of this Act Avhere the penalty

exceeds five pounds may appeal against the same to the next Court of Quarter Sessions holdenin the district Avhere tiie sulffect matter thereof arose unless such Quarter Sessions shall be held Avithin fourteen days from the date of such conviction or judgment and in tiiat case to tbe Court of Quarter Sessions then next folloAving And such Court shall have poAver to hear and determine the matter in a summary Avay and shall ha e and exercise all other poAvers vested in tliem by the third section of the Act fiftli AVilliam the Pourtli number tAventy-tAA O and the decision of such Court shall be final and conclusive in respect to the subject matter of such appeal Provided ahvays that the person so appealing shall liavc given Avritten notice seven days at the least before tlie hearing of such appeal of his intention to appeal and stating the grounds thereof to any one of the conAucting Justices and to the person Avho prosecuted the matter before the Justices in Petty Sessions And provided also that the person appealing (in case a penalty shall have been aAvarded against him) shall pay into the hands of the convicting Justices the full amount thereof together Avith the costs aAvarded AAuthin one week next after conviction and shall Avithin the same peiaod (>uter into a bond with two sureties approved by such Justices conditioned to prosecute such appeal Avith etfect and to abide the event of such appeal and to pay the full amount of all such costs as may on such appeal be aAvarded against him.

24i. This Act shall come into operation on the first day o f Oommencement of

October next excepting the several sections haviug reference to thc^"*' appointment of the aforesaid Board and the several provisions connected therewith which shall come into operation on the passing thereof.

SCHEDULES.

SCHEDULE A.

L is t of Poisons.

I s i P a e t .

Arsenic.

Prussic Acid.

Strychnine.

Savin and its Oil.

Ergot of Ilye and its preparations.

Chloral Hydrate.

Laudanum. ,

2xd

66 No. 9. 40° VIC. 1876.

Sale and use o f Foisons.

2tfD P art.

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.

SCHEDULE B.

Eobm of the Eegister of Chemists and Druggists.

Name. Residence. Qualification.

A.B........................ Albury ............... Kept a store for sale of poison prior to “ Sale and

use of Poisons Act 1876.”

C.D........................ Sydney ............... Carried on business of chemist and druggist prior

to “ Sale and use of Poisons Act 1876.”

E.F......................... Gundagai ........... Admitted a Pharmaceutical Chemist.

SCHEDULE C.

DEciiAEATiON by a person who was in business as a Chemist and Druggist before the

passing of this Act.

To the Secretary and Eegistrar of the Board of Pharmacy.

I residing at in the Colony of New South Wales hereby declare that I was in business as a Chemist and Druggist in the keeping of open shop for the compounding of Medical prescriptions before the passing of the “ Sale and use of Poisons Act 1876.”

Dated this day of 1876.

(Siffnature.)

SCHEDULE D.

Certificate to be signed by a legally qualified Medical Practitioner and a Police

Magistrate.

To the Secretary and Eegistrar of the Board of Pharmacy.

I residing at in the Colony of New South Wales being

a legally qualified medical practitioner and I a Police Magistrate

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

SCHEDULE E.

D eclarations to be signed by and on behalf of an Apprentice or assistant claiming to

be registered.

To the Secretary and Eegistrar of the Board of Pharmacy.

I hereby declare that the undersigned residing

at in the Colony of New South Wales has been for three years employed

in dispensing and compounding prescriptions as an apprentice or assistant to Mr. of Chemist and Druggist and has attained the age of twenty-one years.

Dated this day of 1876.

{Signature) A.B.

Eegistered Chemist and Druggist.

Declaration

1876. 40rVIC. No. 10.

Dedicated Crown Lands Resumption.

Declaeatiojs" to bo signed by tlie Applicant.

I UEEEBY declare that I was an apprentice (or assistant) to of

in the Colony of Xew South AVales in the years and and was

for three years actually engaged in dispensing and compounding prescriptions and that

I have attained the ago of twenty-one years.

Dated this day of 1870.

{Sifinature) J.H.

SCHEDULE E.

Eonii of Entry in Book on Sale of Poison.

N am e P u rp o se fo r

D ay of O ccupa­ Q u a n tity an d P u rc h a se r’s V endor’s

of p u r ­ Place of abode. w h ich i t is W itiiess.

sale. tion . nam es o f Poison. s ig n a tu re . s ig n a tu re .

chaser. requ ired .

1 March John Bona Station Squatter 20B)s. arsenic Sheep-dres­ John Jones ... Henry Richard

1876. Jones. Merool Creek. sing. {or i f the p u r ­ Squires S t i f i e n e r .

lOozs. strych­ P o i s o n in g chaser cannot F a n n e r

nine	N a t i v e	■write insert the	M e r o o l
dogs.	words “ P u r­ chaser cannot ■write”).