Poisons Regulations, 1982

• Jurisdiction: Ireland
• Citation: IR SI 188/1982
• Year: 1982

S.I. No. 188 of 1982.
POISONS REGULATIONS, 1982.
The Minister for Health, in exercise of the powers conferred by section 14 of the Poisons Act, 1961 (No. 12 of 1961), as amended by section 33 of the Misuse of Drugs Act, 1977 (No. 12 of 1977), after consultation with Comhairle na Nimheanna, hereby makes the following Regulations:—
	1 Citation.	1. These Regulations may be cited as the Poisons Regulations, 1982.
	2 Commencement.	2. These Regulations shall come into operation on the 1st day of March, 1983.
	3 Revocation.	3. The Poisons Act, 1961 (Paraquat) Regulations, 1975 ( S.I. No. 146 of 1975 ) are hereby revoked.
	4 Interpretation.	4. (1) In these Regulations—
"the Act" means the Poisons Act, 1961 ;
"animal" includes fish and poultry;
"animal remedy" has the meaning assigned to it by section 2 of the Animal Remedies Act, 1956 (No. 41 of 1956);
"authorised person" has the meaning assigned to it by sub-section (3) of section 2 of the Pharmacy Act, 1962 (No. 14 of 1962);
"food" includes a beverage;
"health board" means a health board established under section 4 of the Health Act, 1970 (No. 1 of 1970);
"local authority" means the council of a county, the corporation of a county or other borough, or the council of an urban district;
"the Minister" means the Minister for Health;
"registered dentist" means a person registered in the register established under the Dentists Act, 1928 (No. 25 of 1928);
"registered druggist" means a person registered in the register of registered druggists in Ireland established under the Pharmacy Act (Ireland), 1875, Amendment Act, 1890;
"registered medical practitioner" means a person registered in the register established under the Medical Practitioners Act, 1978 (No. 4 of 1978);
"registered veterinary surgeon" means a person registered in the register established under the Veterinary Surgeons Act, 1931 (No. 36 of 1931);
"sale by wholesale" means sale to a person who buys for the purpose of selling again and cognate words shall be construed accordingly;
"the Society" means the Pharmaceutical Society of Ireland.
(2) In these Regulations—
( a ) any reference to an article or Schedule shall be construed as a reference to an article contained in these Regulations or, as the case may be, to a Schedule thereto and any reference in an article to a sub-article shall be construed as a reference to a sub-article of that article;
( b ) any reference in a Schedule to the percentage of a poison contained in any substance or preparation shall, unless otherwise expressly provided, be construed in the following manner, that is to say, a reference to a substance or preparation containing one per cent. of any poison means—
(i) in the case of a solid, that one gramme of the poison is contained in every hundred grammes of the substance or preparation;
(ii) in the case of a liquid, that one millilitre of the poison, or, if the poison itself is a solid, one gramme of the poison, is contained in every hundred millilitres of the substance or preparation,
and so in proportion for any greater or lesser percentage.
	5 Substances declared to be poisons.	5. The substances set out in the First Schedule are hereby declared to be poisons for the purposes of these Regulations.
	6 General restrictions on sale of poisons.	6. (1) Subject to the provisions of these Regulations a person shall not in the course of a business sell—
( a ) any poison set out in Part I of the First Schedule unless he is a person keeping open shop for the dispensing or compounding of medical prescriptions or for the sale of poisons in accordance with the Pharmacy Acts, 1875 to 1977 and the sale is effected by or under the supervision of an authorised person or a registered druggist, or
( b ) any poison set out in Part II of the First Schedule unless—
(i) he is a person keeping open shop for the dispensing or compounding of medical prescriptions or for the sale of poisons in accordance with the Pharmacy Acts, 1875 to 1977 and the sale is effected by or under the supervision of an authorised person or a registered druggist, or
(ii) he is a person licensed by a health board under article 14 in respect of the premises on which the said poison is sold and the sale is effected by that person.
(2) A person shall not sell a poison from a travelling shop, vehicle or automatic vending machine.
	7 Labelling.	7. (1) Subject to the provisions of these Regulations a person shall not sell or supply a poison unless there is legibly written in a conspicuous position on the container in which the poison is sold or supplied and on every box or other covering of whatever nature enclosing the container—
( a ) the name of the poison in the form prescribed in sub-article (2), and
( b ) subject to sub-article (3), where the poison is contained in a preparation as one of the ingredients thereof, a statement of the proportion which the poison bears to the total ingredients of the preparation and, where the proportion is expressed as a percentage, the statement shall indicate whether the percentage is calculated on the basis of mass in mass, mass in volume or volume in volume, and
( c ) subject to sub-article (4), the word "Poison", and
( d ) subject to sub-article (5), the name of the seller or supplier and the address of the premises from which the poison is sold or supplied.
(2) Subject to sub-article (3) and for the purposes of paragraph (a) of sub-article (1) the name of a poison shall be—
( a ) where the term under which a poison is set out in the First Schedule describes the poison specifically, the said term, or
( b ) where the term under which a poison is set out in the First Schedule describes a group of poisons and not the poison specifically, the accepted scientific name, or the name descriptive of the true nature and origin of the poison.
(3) In the case of a preparation containing a poison set out in the first column of the Sixth Schedule, it shall be sufficient to state the name of the poison or substance mentioned in the second column of that Schedule in respect of which the proportion of the poison to the total ingredients of the preparation is set out in the manner prescribed in the said column.
(4) ( a ) The container of any substance set out in the first column of the Seventh Schedule shall, instead of the word "Poison", be labelled with the words set out opposite the description of the substance in the second column of the said Schedule;
( b ) The container of any poison which is an animal remedy shall, instead of the word "Poison", be labelled with the words "For Animal Treatment Only";
( c ) The words set out in paragraph (a) or (b) of this sub-article or the word "Poison", as the case may be, shall not be modified in meaning by the addition of any other words or marks, and—
(i) shall be on a separate label or be surrounded by a line within which there shall be no words except the words with which the container of the poison is required to be labelled under these Regulations, and
(ii) in the case of a poison included in the Second Schedule, shall either be in red lettering or be set against a red background.
(5) ( a ) The provisions of paragraph (d) of sub-article (1) shall not apply in the case of a product sold or supplied for the purpose of being sold or supplied again in the same container;
( b ) In the case of a poison sold or supplied from a warehouse or depot it shall be sufficient if the container of the poison is labelled with the address of the supplier's principal place of business or, in the case of a limited liability company, of the company's registered office;
( c ) Where any poison is sold or supplied in the same container and outer covering in which it was obtained by the seller or supplier it shall be sufficient if the name of the seller or supplier and the address of the premises at which it was sold or supplied appear on the outer covering;
( d ) Where more than one name and address appear on a label, there shall also be words on the label indicating clearly which person is the seller or supplier and at which of the addresses the poison was sold or supplied.
(6) ( a ) A poison shall not be sold or supplied in liquid form in a bottle of a capacity not exceeding three litres, unless the bottle is labelled with the words "Not to be taken";
( b ) Compressed hydrogen cyanide shall not be sold or supplied unless the container in which it is sold or supplied is labelled with the words "Warning. This container holds poisonous gas and should only be opened and used by persons having expert knowledge of the precautions to be taken in its use.";
( c ) Salts of paraquat shall not be sold or supplied in liquid form for use as a pesticide unless the container in which it is sold or supplied is labelled with the words "Keep out of the reach of children. Do not re-pack from this container. Destroy container when empty.".
(7) Subject to sub-article (8) this article shall not require the labelling of any transparent cover, or any wrapper, ham-per, packing case, crate or other covering used solely for the purpose of transport or delivery.
(8) A poison set out in the Eight Schedule shall not be consigned for transport unless there is legibly and conspicuously written on the outside of the package in which the poison is enclosed the name or description of the poison as specified in that Schedule and a notice indicating that it is to be kept separate from food and from empty containers in which food has been or is intended to be contained.
(9) The provisions of this article with the exception of sub-article (1) (d) as modified by sub-article (5) shall not apply as respects the sale or supply of a poison contained in a medical preparation—
( a ) which is labelled in compliance with the provisions of article 6 of the Medical Preparations (Advertisement and Sale) Regulations, 1958 ( S.I. No. 135 of 1958 )...