No. 12/1961:

POISONS ACT, 1961

ARRANGEMENT OF SECTIONS

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, No. 1.

21 Repeal.

22 Short title and commencement.

SCHEDULE

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:—

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.

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.

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.

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 that 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.

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.

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.

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.

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 o£ the Council.

(4) The functions of the Council may be exercised notwithstanding one or more vacancies among its members.

9.—The Minister may at any time remove a member of the Council from office.

10.—A member of the Council who ceases for any reason to hold office as such member shall be eligible for re-appointment.

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.

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.

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 Minister for Finance.

14.—(1) in this section—

"health authority" has the meaning assigned to it by virtue of the Health Act, 1947 , and the Health Authorities Act, 1960 ;

"sale" includes sale by wholesale and sale by retail, and cognate words shall be construed accordingly;

"supply" includes giving without payment,, and cognate words shall be construed accordingly.

(2) The Minister may, after consultation with or on the recommendation of the Council, make regulations—

( a ) declaring substances to be poisons for the purposes of the regulations made under this section or of any provision of those regulations, and references in the subsequent provisions of this section to poisons are references to substances which are the subject of such declarations.

( b ) with respect to the storage, transport, distribution, supply, sale and offering and keeping for sale of poisons and

( c ) with respect to the manufacture of pharmaceutical preparations containing poisons.

(3) Without prejudice to the generality of subsection (2) of this section, regulations under this section may—

( a ) prohibit the distributing, supplying, selling or offering or keeping for sale of poisons or particular poisons or classes of poisons by persons or classes of persons other than the persons or classes of persons specified in the regulations or otherwise than subject to the conditions and limitations specified in the regulations.

( b ) specify persons or classes of persons by whom and the conditions and limitations subject to which poisons or particular poisons or classes of poisons may be distributed, supplied, sold or offered or kept for sale,

( c ) provide that section 30 of the Pharmacy Act (Ireland), 1875, and sections 15 and 17 of the Pharmacy Act (Ireland), 1875 Amendment Act, 1890, shall not apply in relation to the sale or the keeping of open shop for the selling, retailing, dispensing, mixing or compounding of poisons by any person or class of persons specified in the regulations where the sale or the keeping of open shop is in accordance with the provisions of the regulations,

( d ) prohibit, limit or regulate the manufacture of particular pharmaceutical preparations containing poisons or pharmaceutical preparations containing particular poisons,

( e ) provide for licensing or registering by health authorities of persons (other than registered medical practitioners, pharmaceutical chemists, dispensing chemists and druggists and registered druggists) engaged in selling or offering or keeping for sale poisons and of premises in which poisons are sold or offered or kept for sale (otherwise than by registered medical practitioners pharmaceutical chemists, dispensing chemists and druggists or registered druggists) and for the description of premises so licensed or registered,

( f ) provide for the charging of fees by health authorities for such licensing or registering,

( g ) provide for the cancellation, suspension or restoration by health authorities of licences or registrations issued or made by them under the regulations,

( h ) provide for an appeal to the Minister by the person affected from the decision of a health authority to refuse an application for, or to cancel or suspend, a licence or registration and that where an appeal is successful, the health authority shall allow the application or shall not cancel or suspend the licence or registration, as the case may be,

( i ) provide for the labelling of containers of poisons in such manner and with such particulars as may be specified,

( j ) provide for the enforcement and execution of the provisions of the regulations—

(i) by officers of the Minister,

(ii) with the consent of the Minister for Agriculture, by officers of that Minister,

(iii) by the Pharmaceutical Society of Ireland and its officers, and

(iv) by health authorities and their officers,

( k ) provide for the prosecution of offences under section 17 of this Act in relation to the regulations by the Minister, the Pharmaceutical Society of Ireland or health authorities, and

( l ) provide for matters ancillary to the foregoing matters.

(4) Where regulations under this section include provision for the keeping of registers by health authorities—

( a ) any register kept pursuant to the regulations by a health authority shall be deemed to be in proper custody when in the custody of an officer of the health authority authorised in that behalf by the health authority and shall be admissible in evidence without further proof on production from the proper custody,

( b ) prima facie evidence of any entry in any register kept pursuant to the regulations by a health authority may be given in any court or any legal proceedings by the production of a copy of such entry purporting to be certified to be a true copy by an officer of the health authority authorised in that behalf, and it shall not be necessary to prove the signature of such officer, or that he was in fact such officer or was so authorised,

( c ) a certificate purporting to be under the hand of an officer of a health authority authorised in that behalf that a specified person or premises was not, during a specified period, registered in a specified register kept pursuant to the regulations by the health authority shall be accepted in any court or any legal proceedings as prima facie evidence of the facts so certified, and it shall not be necessary to prove the signature of such officer, or that he was in fact such officer or was so authorised.

(5) Neither section 13 of the County Management Act, 1940 , nor section 17 of the City and County Management (Amendment) Act, 1955 , shall apply in respect of any power, function or duty relating to licensing or registering of persons or premises under regulations under subsection (3) of this section.

15.—(1) The Minister for Agriculture may, after consultation with or on the recommendation of the Council, make regulations—

( a ) declaring substances to be poisons for the purposes of the regulations made under this section or of any provision of those regulations, and references in the subsequent provisions of this section to poisons are references to substances which are the subject of such declarations,

( b ) in relation to the use of poisons for agricultural and veterinary purposes, including regulations prohibiting, restricting or controlling the use of poisons or particular poisons for agricultural or veterinary purposes or particular agricultural or veterinary purposes.

(2) Without prejudice to the generality of subsection (1) of this section, regulations under this section may—

( a ) prohibit the application or administration of poisons or particular poison for agricultural or veterinary Purposes or particular agricultural or veterinary purposes otherwise than by methods or processes specified in the regulations and subject to safeguards and precautions specified in the regulations and may prohibit specified methods or processes of application or administration of poisons,

( b ) provide for the prosecution of offences under section 17 of this Act in relation to the regulations under this section by the Minister for Agriculture,

( c ) provide for the enforcement and execution of the provisions of the regulations by officers of the Minister for Agriculture, and

( d ) provide for matters ancillary to the foregoing matters other than the prohibition or control of the sale of poisons or particular poisons.

16.—(1) Notwithstanding anything contained in section 14 or section 15 of this Act, where the appropriate Minister is satisfied that the making of any regulations under this Act is urgently required—

( a ) it shall not be necessary for him to consult with the Council before making those regulations,

( b ) he shall consult with the Council as soon as may be after the making of those regulations in relation thereto.

(2) In this section "the appropriate Minister" means—

( a ) in relation to the making of regulations under section 14 of this Act, the Minister, and

( b ) in relation to the making of regulations under section 15 of this Act, the Minister for Agriculture.

17.—A person who contravenes a regulation under this Act shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds and, in the case of a continuing offence, to a further fine not exceeding ten pounds for each day on which the offence is continued, or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine or fines and such imprisonment.

18.—(1) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(2) When a regulation under section 14 or 15 of this Act which has been made without prior consultation with the Council is laid before each House of the Oireachtas it shall be accompanied by a statement in writing indicating that the regulation has been made without prior consultation with the Council.

19.—The expenses incurred by the Minister and the Minister for Agriculture in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

20.—(1) In this section—

"the Act" means the Dangerous Drugs Act, 1934 ;

"the Protocol" means the Protocol, done at Lake Success, New York on the 11th day of December, 1946, amending the Agreements, Conventions and Protocols relating to narcotic drugs concluded at The Hague on the 23rd day of January, 1912, at Geneva on the 11th day of February, 1925, the 19th day of February, 1925, and the 13th day of July, 1931, at Bangkok on the 27th day of November, 1931, and at Geneva on the 26th day of June, 1936.

(2) ( a ) The reference in section 2 of the Act to the International Convention relating to opium and other dangerous drugs signed at Geneva on the 19th day of February, 1925, shall be construed as a reference to that Convention as amended in the manner specified in Article 2 of the Annex to the Protocol.

( b ) The reference in section 2 of the Act to the International Convention relating to the manufacture and distribution of narcotic drugs signed at Geneva on the 13th day of July, 1931, shall be construed as a reference to that Convention as amended in the manner specified in Article 3 of the Annex to the Protocol.

( c ) Subsection (3) of section 17 of the Act shall be amended by the substitution of "Economic and Social Council of the United Nations" for "Council of the League of Nations"

( d ) Subsection (1) of section 25 of the Act shall be amended by the substitution of "Secretary-General of the United Nations" for "Secretary-General of the League of Nations"

21.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.

22.—(1) This Act may be cited as the Poisons Act, 1961 .

(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

Section 21.

SCHEDULE

ENACTMENTS REPEALED.