CHAPTER
227
PHARMACY |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Drugs |
Sale of drugs and poisons by unlicensed persons
prohibited. |
Cessation of operation of business. |
Owner to notify names of pharmacists. |
Prescriptions to be numbered. |
Restriction on sale of drugs and devices. |
How medicines to be dispensed. |
Poisons |
Regulating sale of poisons. |
Modification of restrictions on sale of certain
preparations of poisons. |
Restrictions as to sale of arsenic. |
Provisions for colouring arsenic. |
Arsenic to include arsenious compounds. |
Miscellaneous |
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SCHEDULES |
FIRST SCHEDULE - List of Drugs and Devices. |
SECOND SCHEDULE - List of Poisons. |
CHAPTER 227 |
PHARMACY |
An Act to
provide for the licensing of pharmacists and for the control of the sale and
distribution of drugs and poisons. | 25 of 1962
43 of 1964
11 of 1966
24 of 1966
E.L.A.O., 1974
5 of 1987
31 of 1998 |
[Commencement 23rd
May, 1962] |
1. This Act may be cited as the Pharmacy Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"certificate
of competency" means a certificate granted by the Board under this Act; |
"dentist"
means a person whose name appears on the Dentists' Register; |
"device"
means any instrument, apparatus or contrivance, including components, parts and
accessories thereof, manufactured, sold or represented for use in the
diagnosis, treatment, mitigation or prevention of a disease, disorder, abnormal
physical state, or the symptoms thereof, in man or animal; |
"drug"
includes any substance or mixture of substances manufactured, sold or
represented for use in- |
(a) the
diagnosis, treatment, mitigation or prevention of a disease, disorder, abnormal
physical state, or the symptoms thereof, in man or animal; or |
(b) restoring,
correcting or modifying organic functions in man or animal; |
"licensee"
means a person holding a licence as a pharmacist under this Act; |
"medical
practitioner" means any person registered under the
Medical Act, or any Act passed in amendment thereof or substitution therefor; |
"Minister"
means the Minister responsible for Pharmacy; |
"package"
includes anything in which any drug or device is wholly or partly contained,
placed or packed; |
"pharmaceutical
apprentice" means any person not less than seventeen years of age actively
engaged and employed thereafter for a period of not less than four years as
apprentice to a pharmacist; |
"pharmacist"
means any person licensed or entitled to be licensed under this Act and
includes chemist and apothecary; |
"pharmacy"
means an establishment where drugs or devices are dispensed or prepared or sold
by retail; |
"poison"
means any one of the several articles named or described in the
Second Schedule to this Act; |
"prescription"
means a written order given by a medical practitioner, a dentist or a
veterinary surgeon, directing that a stated amount of any drug or mixture of
drugs be dispensed for the person named in the order with or without the method
of using; |
"retail"
means sell a drug or device to the general public; |
"rules"
means rules made under this Act; |
"Schedule"
means Schedule to this Act; |
"sell"
includes offer for sale, expose for sale, have in possession for sale, and
distribute; |
"veterinary
surgeon" means a person registered as such or licensed as a veterinary
practitioner under the provisions of the Veterinary Surgeons Act. |
Drugs |
3. (1) Except as hereinafter provided in subsection (4)
of this section, it shall be unlawful for any person other than a licensee- | Sale of drugs and poisons by unlicensed persons
prohibited. |
(a) to sell or
retail for human use any glandular product, toxoid, serum, vaccine or bacterin
which is intended for oral or parenteral administration; |
(b) to sell or
retail any veterinary biological product for use by oral or parenteral
administration; |
(c) to sell
either by wholesale or retail any drug or poison; |
(d) to dispense
any prescription or prepare or compound any drug for retail; |
(e) to keep
open any shop or dispensary for making up or compounding any prescription; |
(f) to assume
or use the title "druggist", "pharmacist", "chemist
and druggist", "pharmaceutical chemist", "apothecary",
"dispensing chemist", "dispensing druggist" or any other
title or symbol calculated to suggest that he is recognised by law as a
licensee entitled to dispense prescriptions or to prepare or retail drugs and
devices; |
(g) to display
any sign, fixture, title or advertisement bearing the words "drugs",
"drug store", "drug dispensary" or any other words or
symbols intended to convey the impression that the premises to which such sign,
fixture, title or advertisement relates are duly licensed for the sale of drugs
or devices. |
(2) No licensee
shall permit any person other than a pharmaceutical apprentice who has obtained
a certificate of competency to sell any poison or to make up or compound any
prescription except under his direct supervision. |
(3)
It shall be lawful for the Minister to grant to any person resident in an Out
Island who is recommended by the commissioner of the district a permit to sell
any drug or any preparation thereof, or any poison approved by the Minister. |
(4) The provisions
of this section shall not apply to the drugs and devices listed or described in
the
First Schedule. |
(5) The
requirements of subsection (1) and (2) of this section shall be deemed to have
been complied with, whether the pharmacist in question be the proprietor of the
pharmacy or establishment or not, if he is in fact engaged in the work of
supervising, directing and controlling the retailing, dispensing or compounding
of drugs or devices or of dividing, subdividing or otherwise. |
4. Every person owning or operating or being in charge
of a dispensary, pharmacy, or hospital dispensary shall within five days after
ceasing to own, operate or be in charge of such dispensary, pharmacy or
hospital dispensary, notify the Treasurer in writing of the cessation. | Cessation of operation of business. |
5. Every owner of a pharmacy shall on or before the
tenth day of January in each year notify the Treasurer of the names of the
pharmacists and pharmaceutical apprentices employed therein. | Owner to notify names of pharmacists. |
6. (1) Every licensee shall- | Prescriptions to be numbered. |
(a) number each
medical prescription which shall be brought to his establishment to be made up; |
(b) file each
such medical prescription or, in the event of the person for whom the
prescription was given desiring to retain the original prescription and such
prescription not containing any dangerous substances or quantities of any
substance which would make it inadvisable for the licensee to part with the
same, a true copy thereof; |
(c) register in
a book the number and date of each medical prescription made up on his
establishment, the name of the person for whom, and of the medical practitioner
by whom, the same was given, the particulars of every prescription, and the
directions which accompanied the medicine. |
(2) The register
referred to in this section shall be open at all times to the inspection of the
Chief Medical Officer and the Commissioner of Police, on the written authority
of the Attorney-General, and shall be produced whenever required by any court,
magistrate or coroner, in the course of any inquiry or investigation which such
court, magistrate or coroner has authority to institute or hold. |
7. Save as provided in this Act, no manufacturer,
importer, wholesaler, jobber or agent shall sell any drug or device to any
person, firm or corporation other than- | Restriction on sale of drugs and devices. |
(a) a medical
practitioner; |
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(e) a public
hospital or a licensed private hospital; |
(f) a
manufacturer, importer, wholesaler, jobber or agent dealing in drugs; |
(g) an
institution or agency approved in writing by the Minister: |
Provided that
nothing herein contained shall be deemed to interfere with the business of
wholesale dealers lawfully supplying industrial chemicals or other articles in
the ordinary course of wholesale dealing if such articles are not manufactured,
sold or represented for use as drugs. |
8. Every drug dispensed from a medical prescription
shall be placed in a box, bottle, vessel, wrapper or other receptacle bearing a
label giving instructions as to how it is to be used according to the
directions furnished by the medical practitioner who has prescribed it. | How medicines to be dispensed. |
Poisons |
9. (1) It shall be unlawful for a licensee or other
person authorised to sell poison by this Act, to sell any poison, whether by
wholesale or retail, unless the box, bottle, vessel, wrapper or cover, in which
such poison is contained, be distinctly labelled with a red label bearing the
name of the article and the word "Poison" with the name and address
of the seller of the poison. | Regulating sale of poisons. |
(2) The poisons
which are mentioned and described in the first part of the
Second Schedule to this Act or which may hereafter be added thereto shall not
be sold to any person unknown to the seller unless introduced by some person
known to the seller. |
(3) Every
licensee, or other person authorised under this Act to sell poison, shall keep
a register in which on every sale of poison he shall, before delivery, make or
cause to be made an entry stating the date of the sale, the name, occupation
and address of the person to whom he supplies the poison, the name and quantity
of the poison sold, and the purpose for which it is stated by the purchaser to
be required; to which entry shall be affixed the signature of the purchaser and
of the person if any who introduced him, and of the seller. Such register shall
be open at all times to the inspection of the Chief Medical Officer and the
Commissioner of Police: |
Provided that- |
(a) nothing in
this subsection contained shall apply to sales by wholesale to retail dealers
in the ordinary course of wholesale dealing or to any medicine supplied by a
licensee on the prescription of a medical practitioner; |
(b) such
medicine be labelled as required by subsection (1) of this section; |
(c) the
provisions of section 6 of this Act be complied with. |
10. Notwithstanding the provisions of section 9 of
this Act, upon the sale by a licensee of preparations of poisons in commercial
and non-medical form for use only as vermin killers, subsection (2) of section
9 shall not apply to such sale. Furthermore it shall not, upon such sale, be
incumbent upon a licensee to require that the signature of the purchaser and of
the person, if any, who introduced the purchaser to the licensee be affixed to
the entry concerning such sale in the register of the licensee. | Modification of restrictions on sale of certain
preparations of poisons. |
11. No person shall sell arsenic to any person other
than a person of full age. | Restrictions as to sale of arsenic. |
12. No person shall sell any arsenic unless the same
be, before the sale thereof, mixed with soot or indigo in proportion of one
ounce of soot or half an ounce of indigo at the least to one pound of the
arsenic, and so in proportion for any greater or less quantity: | Provision for colouring arsenic. |
Provided that- |
(a) where such
arsenic is stated by the purchaser to be required, not for use in agriculture,
but for some other purpose for which such admixture would according to the
representation of the purchaser render it unfit, such arsenic may be sold
without such admixture in a quantity of not less than one pound at any one
time; |
(b) this Act
shall not extend to the sale of arsenic when the same forms part of the
ingredients of any medicine required to be made up or compounded according to
the prescription of a medical practitioner, a dentist or veterinary surgeon, or
to the sale of arsenic by wholesale to retail dealers upon orders in writing in
the ordinary course of wholesale dealing. |
13. In the construction of sections 11 and 12 of this
Act the word "arsenic" shall include arsenious acid and the
arsenites, arsenic acid and the arsenates and all other colourless poisonous
preparations of arsenic. | Arsenic to include arsenious compounds. |
Miscellaneous |
14. Whoever commits a breach of any of the provisions
of this Act shall be guilty of an offence and shall be liable on conviction for
a first offence to a penalty of fifty dollars and for a
second offence or any subsequent offence to a penalty of one hundred dollars. | Penalties. |
15. All penalties imposed by this Act shall be
recovered in a summary manner before a magistrate in the manner prescribed by
law in that behalf. | Recovery of penalties. |
16. Nothing in this Act shall render unlawful the
dispensing or administration of drugs by registered nurses in the course of
duty with the approval and under the supervision of a medical practitioner. | Privileges of nurses. |
17. Nothing in this Act shall- | Exemptions. |
(a) affect or
interfere with the rights or privileges conferred upon a medical practitioner
by the Medical Act; |
(b) render
unlawful the selling by any person of any drug or device to a medical
practitioner, dentist, veterinary surgeon or pharmacist; |
(c) render
unlawful the compounding, dispensing, selling, or supplying by a medical
practitioner or dentist of such drugs or devices as he may prescribe in the
course of the practise of his profession; |
(d) render
unlawful the compounding, dispensing, selling or supplying of veterinary
medicine by a veterinary surgeon in the course of the practise of his
profession; |
(e) render
unlawful the carrying on of the business of wholesale dealers in supplying
drugs or devices to persons entitled to sell them by retail, provided the
containers in which they are supplied are marked or labelled in accordance with
the provisions of this Act, or of any other Act; |
(f) render
unlawful the compounding, dispensing or supplying of drugs or devices in any hospital
or institution approved or licensed under any Act or by the Minister. |
FIRST SCHEDULE (Section 3(4)) |
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Alum
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Ashton & Parsons Teething
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Bicarbonate of Soda
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Powders
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Benzol
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Alka Seltzer
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Carbon Bisulphide
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Chooz
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Cotton Root
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Macleans Indigestion Powder
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Cream of Tartar
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& tablets
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Camphor
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Rennies Tablets
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Chlorinated Lime
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Bisodol Powder & Tablets
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Chloride of Lime
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Dodds Dyspepsia Tablets
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Cochineal
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S.S.S. Tablets
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Essence of Peppermint
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Ironised Yeast Tablets
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Formaldehyde Solution
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Kwells Seasick Tablets
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Glucose
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Ex Lax
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Incense
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Feen-a-mint
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Aspirin Tablets
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Kruschen Salts
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A.P.C. Tablets
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Andrews Liver Salts
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Epsom Salts
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Enos Fruit Salts
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Glauber Salts
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Magnesia Tablets
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Saccharin Tablets
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Dodds Diamond Dinner Pills
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Throat Pastilles or Tablets
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Amosan
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Children's Laxatives
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Arcito
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Magnesia (in Blocks)
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Chinaroid
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Senna Leaves
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Cystex
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Senna Pods
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Formode
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Rhubarb Root
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Hynox
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Boric Powder
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Mendaco
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Quinine Tablets
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Nixoderm
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Quinine Capsules
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Rogena
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Sulphur Flowers
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Via-Tabs
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Cough Drops (Simple)
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Dead Shots for Worms
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666 Tablets
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Dodds Kidney Pills
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Scoot Ointment
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Dodds Ointment
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IN SEALED VIALS
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Calamine Lotion
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Liquifruita
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Camphorated Oil
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Norwich Baby Cough Syrup
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Cod Liver Oil
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Pepto Bismol
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Mercurochrome Solution
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S.S.S. Liquid
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Glycerin
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Phosferine Liquid
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Oil of Eucalyptus
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Ferrol Compound
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Aromatic Spirits of Ammonia
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Nutrophos
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Sweet Spirits of Nitre
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Aloes Bitters
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Spirits of Camphor
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Haleys M.O.
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Friar's Balsam
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Castoria
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Castor Oil
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Magnesia Liquid
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Tincture of Iodine
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Mineral Oil
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Simple Eye Lotions
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Minards Liniment
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Gripe Mixtures
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Sloans Liniment
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Vicks Vatronol
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Absorbine Jr.
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Vicks Vaporub
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Omega Oil
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Vicks Cough Syrup
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Rub-my-tism
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Buckleys Mixture & Rub
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Spirits of Turpentine
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Jack & Jill Mixture & Rub
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Rubbing Alcohol
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666 Liquid
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Rubbing Alcohol with Winter-
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Thermogene Rub
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green
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Scotts Emulsion
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Dettol
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Zal
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Patent
and Proprietary medicines approved by the Minister and not containing any
drug required to be sold on prescription only or any dangerous drug within
the meaning of the Dangerous Drugs Act.
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DEVICES
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Zinc Oxide Plasters
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Bandages (Medicated)
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Cotton Wool
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Elastic Adhesive
Plaster (Plain)
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Lint
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Elastic Adhesive
Plaster
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Bandages (Plain)
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(Medicated)
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SECOND SCHEDULE (Sections 2 and 9(2)) |
FIRST PART |
Aconite and its preparations
Alkaloids-all poisonous vegetable alkaloids and their salts
Antimony, compounds of
Atropine and its preparations
Cantharides and its preparations except emplastrum Carbolic Acid
Cocaine and its salts
Corrosive sublimate and its preparations
Cyanides of potassium and all metallic cyanides and preparations of such
articles
Emetic tartar
Ergot of rye and its preparations
Mercuric Chloride (Corrosive sublimate)
Morphine and its salts
Oxalic Acid
Picrotoxin
Prussic acid and its preparations
Savin and its oils
Strychnine and its preparations
Vermin killers if preparations of poisons in this Part of this Schedule |
SECOND PART |
Almonds, Essential oils of (unless deprived of its prussic
acid) Belladonna, alkaloids of
Carbolic acid, liquid preparations of, and its homologues containing more than
3 per cent of these substances
Chloroform
Chloral hydrate and its preparations
Cocaine, preparations of
Digitalis and its preparations
Lead, sugar of
Mercuric iodide
Mercuric sulphocyanide
Morphine, preparations of
Nux Vomica and its preparations
Opium and all preparations of opium or of poppies
Precipitate, white (ammoniated mercury)
Strophanthus and its preparations
Vermin killers not included in the first Part of this Schedule
Precipitate, red (red oxide or mercury) |