Article 5 Prohibitions and regulations with respect to sale of non-medicinal poisons

(1)

Subject to the provisions of this Order, a person shall not sell—

(a)

any non-medicinal poison which is a substance included in Part I of the Poisons List unless—

(i)

he is a person lawfully conducting a retail pharmacy business;

(ii)

the sale is effected on premises which are a registered pharmacy; and

(iii)

the sale is effected by, or under the personal control of, a pharmacist;

(b)

any non-medicinal poison which is a substance included in Part II of the Poisons List unless—

(i)

he is a person lawfully conducting a retail pharmacy business and the sale is effected on premises which are a registered pharmacy; or

(ii)

his name is entered in a district council's register in respect of the premises on which the poison is sold;

(c)

any non-medicinal poison, whether it is a substance included in Part I or in 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;

(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;

(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.

(2)

Subject to the provisions of this Order and to any regulations dispensing with or relaxing any of the requirements of this paragraph—

(a)

a person shall not sell any non-medicinal poison which is a substance included in Part I of the Poisons List to any other person, unless that other person is either—

(i)

certified in writing in the manner prescribed by regulations, and by a person authorised by regulations to give a certificate for the purposes of this Article; or

(ii)

known by the seller or by some 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 form prescribed by regulations, 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) was given, the name and quantity of the poison 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.