Poisons act, 1961

• Act Number: 12
• Enactment Date: 24 May 1961

Number 12 of 1961.
POISONS ACT, 1961.
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Establishment of the Council. 3. Functions of the Council. 4. Constitution of the Council. 5. Appointment of members of the Council. 6. Chairman of the Council. 7. Determination of certain matters in relation to the Council by the Minister by order. 8. Meetings and procedure of the Council. 9. Removal of member of the Council. 10. Re-appointment of members of the Council. 11. Resignation of members of the Council. 12. Casual vacancies. 13. Expenses of members of the Council. 14. Regulations in relation to poisons generally. 15. Regulations in relation to use of poisons for agricultural and veterinary purposes. 16. Regulations in cases of urgency. 17. Offences. 18. Laying of regulations before Houses of the Oireachtas. 19. Expenses. 20. Amendment of Dangerous Drugs Act, 1934. 21. Repeals. 22. Short title and commencement.
SCHEDULE
Enactments Repealed.
Acts Referred to Health Act, 1947 1947, No. 28 Health Act, 1953 1953, No. 26 Health Authorities Act, 1960 1960, No. 9 Pharmacy Act (Ireland), 1875 1875, c.57 Pharmacy Act (Ireland), 1875 Amendment Act, 1890 1890, c.48 County Management Act, 1940 1940, No. 12 City and County Management (Amendment) Act, 1955 1955, No. 12 Dangerous Drugs Act, 1934 1934, No. 1
Number 12 of 1961.
POISONS ACT, 1961.
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A COUNCIL TO BE CALLED AND KNOWN AS COMHAIRLE NA NIMHEANNA AND TO DEFINE ITS FUNCTIONS, TO PROVIDE FOR THE REGULATION AND CONTROL OF THE DISTRIBUTION, TRANSPORT, STORAGE AND SALE OF POISONS AND OF THE MANUFACTURE OF PHARMACEUTICAL PREPARATIONS CONTAINING POISONS AND OF THE USE OF POISONS FOR AGRICULTURAL AND VETERINARY PURPOSES, TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID AND TO AMEND THE DANGEROUS DRUGS ACT, 1934 . [24th May, 1961.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
	Definitions.	1.—In this Act—
	“agriculture” includes horticulture, forestry and bee-keeping;
	“the Council” means Comhairle na Nimheanna established under section 2 of this Act;
	“the Minister” means the Minister for Health.
	Establishment of the Council.	2.—The Minister shall by order establish as on and from a specified date a council to be called and known as Comhairle na Nimheanna to fulfil the functions assigned to it by this Act.
	Functions of the Council.	3.—(1) The Council shall advise the Minister in relation to any regulations under section 14 of this Act and the Minister for Agriculture in relation to any regulations under section 15 of this Act.
	(2) The Council shall advise the Minister or the Minister for Agriculture on such other matters in relation to poisons, their manufacture, storage, transport, distribution, sale and use and the regulation, limitation, control and supervision of such manufacture, storage, transport, distribution, sale and use as the Minister or the Minister for Agriculture, as the case may be, shall refer to it.
	(3) (a) The Council shall advise the Minister in relation to any regulations made or proposed to be made after the commencement of this section under section 65 of the Health Act, 1947 , which he refers to it.
	(b) The provisions of subsection (17) (inserted by section 41 of the Health Act, 1953 ) of section 98 of the Health Act, 1947 , shall not apply in relation to regulations made or proposed to be made under the aforesaid section 65 which are referred to the Council under this subsection.
	Constitution of the Council.	4.—(1) The Council shall consist of—
	(a) three persons each of whom is a registered medical practitioner, has, for a period of not less than ten years before the date of his appointment as a member of the Council, been registered, or been entitled to be registered, in the Register of Medical Practitioners for Ireland and possesses an academic qualification which is higher than the minimum qualification required for such registration and is, in the opinion of the Minister, a desirable qualification as respects membership of the Council,
	(b) five persons each of whom is a registered pharmaceutical chemist and has, for a period of not less than ten years before the date of his appointment as a member of the Council, been registered, or been entitled to be registered, in the Register of Pharmaceutical Chemists for Ireland,
	(c) one person who is a registered dentist and has, for a period of not less than ten years before the date of his appointment as a member of the Council, been registered,or been entitled to be registered, in the Register of Dentists for Ireland,
	(d) two persons nominated by the Minister for Agriculture each of whom is a registered veterinary surgeon,
	(e) one person with special knowledge and experience of the use of poisonous substances in agriculture nominated by the Minister for Agriculture,
	(f) two persons nominated by the Minister for Agriculture each of whom is a person whose main occupation is farming, and
	(g) three other persons (whether or not having any qualification referred to in the foregoing paragraphs).
	(2) At least two of the persons referred to in paragraph (a) of subsection (1) of this section shall be Fellows of the Royal College of Physicians of Ireland.
	(3) (a) Each of three, but not more than three, of the persons referred to in paragraph (b) of subsection (1) of this section shall be a person whose main occupation is either the carrying on of the business of pharmaceutical chemist or in employment as a pharmacist and at least two of those three persons shall be persons who, on the date of their appointment as members of the Council, are members of the Council of the Pharmaceutical Society of Ireland.
	(b) At least one of the persons referred to in paragraph (b) of subsection (1) of this section shall be a person whose main occupation is the teaching of pharmacy or a similar subject.
	(4) One member of the Council shall be the chairman and the others shall be ordinary members.
	(5) The Minister shall appoint a person to act as secretary to the Council.
	Appointment of members of the Council.	5.—(1) Subject to subsection (3) of this section, the members of the Council shall be appointed by the Minister from time to time as occasion requires.
	(2) Subject to subsection (3) of this section, before the establishment of the Council, the Minister shall appoint seventeen persons to be members of the Council.
	(3) If, during any period when the number of persons standing appointed as members of the Council is less than seventeen, it is not, in the opinion of the Minister, practicable to appoint any other person to be a member of the Council, the Council shall, during that period, consist of the persons standing appointed as aforesaid.
	Chairman of the Council.	6.—(1) The chairman of the Council shall be appointed from time to time as occasion requires by the Minister.
	(2) The chairman of the Council may at any time resign his office by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.
	Determination of certain matters in relation to the Council by the Minister by order.	7.—(1) The Minister may by order determine the term of office (being a term of not more than five years) of the chairman of the Council, the term of office (being a term of not more than five years) of the ordinary members of the Council, the procedure for calling meetings of the Council and the quorum for meetings of the Council.
	(2) An order under this section, including an order under this subsection, may be amended or revoked by the Minister by order under this subsection.
	Meetings and procedure of the Council.	8.—(1) The Council shall hold such number of meetings as may be necessary for the due performance of its functions.
	(2) The Minister may fix the date, time and place of the first meeting of the Council.
	(3) Subject to the provisions of this Act, the Council may regulate, by standing orders or otherwise, the procedure and business of the Council.
	(4) The functions of the Council may be exercised notwithstanding one or more vacancies among its members.
	Removal of member of the Council.	9.—The Minister may at any time remove a member of the Council from office.
	Re-appointment of members of the Council.	10.—A member of the Council who ceases for any reason to hold office as such member shall be eligible for re-appointment.
	Resignation of members of the Council.	11.—A member of the Council may resign his office as member of the Council by letter sent by registered post to the Council, and the resignation shall take effect at the commencement of the meeting of the Council held next after the receipt of the letter if the resignation is not withdrawn in writing before that meeting.
	Casual vacancies.	12.—(1) A casual vacancy occurring among the members of the Council shall be filled by appointment by the Minister, subject to the like conditions (if any) as governed the appointment of the member occasioning the vacancy.
	(2) A person appointed under this section shall hold office for the remainder of his predecessor's term.
	Expenses of members of the Council.	13.—The Minister may, out of moneys provided by the Oireachtas, pay to a member of the Council attending a meeting of the Council or performing any function on behalf of the Council his travelling and subsistence expenses and the payments shall be in accordance with a scale approved of by the Minister with the consent of the...