CHAPTER
229
PENICILLIN |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Substances to which this Act applies. |
Control of sale and supply of substances to which
this Act applies. |
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CHAPTER 229 |
PENICILLIN |
An Act to
control the sale and supply of penicillin and certain other substances. | 7 of 1948
5 of 1987 |
[Commencement 17th
August, 1948] |
1. This Act may be cited as the Penicillin Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"penicillin"
has the meaning assigned to it by regulations for the time being in force under
the Therapeutic Substances Act 1925 of the Parliament of the United Kingdom; |
"pharmacist"
has the meaning assigned to it by the Pharmacy Act. |
"registered
dentist" means a person whose name appears on the Dentists' Register; |
"registered
medical practitioner" means a medical practitioner as defined in the
Medical Act, and registered under that Act; |
"sale by way
of wholesale dealing" means a sale to a person who buys for the purpose of
selling again. |
3. The substances to which this Act applies are
penicillin and such other anti-microbial organic substances produced by living
organisms as may be prescribed by regulations made under the
Penicillin Act 1947 of the Parliament of the United Kingdom. | Substances to which this Act applies. |
4. (1) Subject to the provisions of this section, no
person shall sell or otherwise supply any substance to which this Act applies
or any preparation of which any such substance is an ingredient or part unless- | Control of sale and supply of substances to which this
Act applies. |
(a) he is a
registered medical practitioner or a registered dentist or a person acting in
accordance with the directions of any such practitioner or dentist, and the
substance or preparation is sold or supplied for the purposes of treatment by
or in accordance with the directions of that practitioner or dentist; or |
(b) he is a
registered pharmacist and the substance or preparation is sold or supplied
under the authority of a prescription signed and dated by any such practitioner
or dentist as aforesaid. |
(2) No person
shall administer by way of treatment any such substance or preparation unless
he is such a practitioner or dentist as aforesaid or is acting in accordance
with the directions of such a practitioner or dentist. |
(3) Subsection (1)
of this section shall not apply to the sale or supply of any such substance or
preparation- |
(a) by way of
wholesale dealing; |
(b) for the
purpose of being exported; |
(c) to any such
practitioner or dentist as aforesaid; |
(d) to any
authority or person carrying on a hospital, clinic, nursing home or other
institution providing medical, surgical, dental or veterinary treatment; |
(e) to any
person carrying on an institution or business which has among its recognised
activities the conduct of scientific education or research, for use by persons
engaged in that education or research; or |
(f) to any
Government department. |
(4) A prescription
signed by any such practitioner or dentist authorising the sale or supply of
any such substance or preparation shall not, subject as hereinafter provided,
be dispensed on more than one occasion or more than three months after the date
on which it was signed: |
Provided that, if
the prescription expressly directs that it may be dispensed on a specified
number of occasions or at specified intervals in a specified period, it may be
dispensed in accordance with that direction. |
5. (1) Any person who contravenes any provision of
section 4 of this Act shall be guilty of an offence under this Act and shall be
liable, on summary conviction, to a fine not exceeding
five hundred dollars, or in the case of a second or subsequent conviction, to such
a fine or to imprisonment for a term not exceeding three months, or to both
such fine and such imprisonment. | Offences and penalties. |
(2) Where an
offence under this Act has been committed by a body corporate, every person who
at the time of the commission of the offence was a director, general manager,
secretary or other similar officer of the body corporate, or was purporting to
act in any such capacity, shall be deemed to be guilty of that offence unless
he proves that the offence was committed without his consent or connivance and
that he exercised all such diligence to prevent the commission of the offence
as he ought to have exercised having regard to the nature of his functions in
that capacity and to all the circumstances. |