Section 27: Sale of poisons

27. Sale of poisons (1) Subject to section 28, no person, other than a pharmacist, shall sell— (a) a poison specified in Part I of the First Schedule; or (b) a poison specified in Part II of the First Schedule or in the Third or Fourth Schedule unless he holds a licence. (2) No person shall sell— (a) a poison specified in the Third Schedule except to a person who is engaged in the business of agriculture or horticulture and for the purpose of that business; (b) a poison specified in the first column of the Fourth Schedule, otherwise than in the form specified in the second column of that Schedule, after obtaining a written declaration from the buyer regarding the use to which the poison will be put; (c) to a minor a poison specified in Part II of the First Schedule, in the Third Schedule or in the first column of the Fourth Schedule. (3) No person who holds a licence under this section shall sell a poison specified in Part II of the First Schedule or in the Third or Fourth Schedule to any person other than a person who holds a permit to purchase the poison, issued by the Permanent Secretary. (4) No person shall purchase a poison specified in Part II of the First Schedule or in the Third or Fourth Schedule unless he holds a permit issued by the Permanent Secretary. P8 – 15 [Issue 1] Pharmacy Act (5) No person shall sell a poison specified in the Fifth Schedule unless the purchaser is— (a) certified by an authorised person in the prescribed form to be a person to whom the poison may properly be sold; or (b) known by the seller or by a 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. (6) No person shall, except on a prescription, sell by retail any poison specified under this section. (7) Any person who wishes to obtain a licence under this section shall make a written application to the Board. (8) The Board shall, on receipt of an application under subsection (7), require the Poisons Committee to examine the application and submit its recommendations. (9) Where the Board is satisfied, in the light of the recommendations of the Poisons Committee, that the sale of poisons will be effected— (a) under the supervision of a pharmacist; and (b) on premises registered with the Permanent Secretary, it may, on payment of the prescribed fee, grant the licence on such conditions as it thinks fit. (10) A licence which is granted under this section shall be valid for a period of one year as from the date specified on the licence and may be renewed annually on payment of the prescribed fee. (11) Where the Board is satisfied that a licensee has contravened this Act or any condition attached to his licence, he may, by notice in writing, require the licensee within 15 days from the date of service of the notice to show cause why his licence ought not to be revoked and if the Board is satisfied that, having regard to all the circumstances of the case, it is expedient to do so, it may revoke his licence. [S. 27 amended by Act 15 of 1998.]