S.I. No. 146/1975:

POISONS ACT, 1961 (PARAQUAT) REGULATIONS, 1975.

POISONS ACT, 1961 (PARAQUAT) REGULATIONS, 1975.

ARRANGEMENT OF REGULATIONS.

1. Citation.

2. Interpretation.

3. Substance declared to be poison.

4. Restriction of sale of poison.

5. Labelling requirements.

6. Keeping of records.

7. General exemptions.

8. Restriction of sales by persons licensed under Poisons and Pharmacy Act, 1908.

9. Enforcement.

10. Prosecution of offences.

11. Commencement.

12. Repeal.

Schedule.

S.I. No. 146 of 1975.

POISONS ACT, 1961 (PARAQUAT) REGULATIONS, 1975.

The Minister for Health, in exercise of the powers conferred on him by section 14 of the Poisons Act, 1961 , (No. 12 of 1961), after consultation with Comhairle na Nimheanna, hereby makes the following Regulations:--

1. These Regulations may be cited as the Poisons Act, 1961 (Paraquat) Regulations, 1975.

2. In these Regulations:--

"authorised person" means a person lawfully keeping open shop for retailing, dispensing or compounding poisons or medical prescriptions under the Pharmacy Acts 1875 to 1962;

"local authority" means the council of a county, a county borough, a borough or an urban district;

"health board" has the meaning assigned to it by the Health Acts 1947 to 1970;

"the poison" means the substance declared to be a poison for the purposes of these Regulations;

"sale by way of wholesale dealing" means sale to a person who buys for the purpose of selling again.

3. The substance specified in the Schedule hereto is hereby declared to be a poison for the purposes of these Regulations.

4. Subject to article 7 of these Regulations the poison shall not be sold by any person unless--

( a ) such person is an authorised person and the sale is from a fixed business premises and not from a travelling shop or other vehicle, or from a vending machine, or

( b ) such person is for the time being licensed under section 2 (1) of the Poisons and Pharmacy Act, 1908.

5. (1) Subject to the provisions of these Regulations the poison shall not be sold or supplied 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 word "Poison"; and

( b ) the word "Paraquat"; and

( c ) the words "Not to be Taken. Keep out of the reach of children. Do not re-pack from this container. Destroy container when empty "; and

( d ) 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

( e ) the name of the seller or supplier and the address of the premises from which the poison is sold or supplied.

(2) The word "Poison" and the words specified in paragraph (c) of sub-article (1) of this article shall not be modified in meaning by the addition of any other words or marks and--

( a ) shall either be in red lettering or be set against a red background; and

( b ) shall either be on a separate label or be surrounded by a line within which there shall be no other words except words with which the container of the poison is required to be labelled under these Regulations.

(3) Where the proportion specified in paragraph (d) of sub-article (1) of this article is stated as a percentage the statement shall indicate whether the percentage is calculated on the basis of weight in weight, weight in volume, or volume in volume.

(4) ( a ) The provisions of paragraph (e) of sub-article (1) of this article shall not apply to the sale of the poison for the purpose of being sold again in the same container;

( b ) where the poison is 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 the 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 on which it was sold or supplied appear only 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.

(5) Nothing in these Regulations shall require the labelling of any transparent cover, or any wrapper, hamper, packing case, crate or other covering used solely for the purpose of transport or delivery.

6. Subject to article 7 of these Regulations the poison shall not be sold to any person unless--

( a ) the seller has entered or caused to be entered in a book kept for that purpose--

(i) the date of the sale;

(ii) the name and address of the purchaser;

(iii) the name and quantity of the preparation sold;

(iv) the purpose for which the poison is stated by the purchaser to be required ; and

( b ) the purchaser has signed his name to such entry.

7. (1) Article 4 of these Regulations shall not apply to the sale of the poison to--

( a ) a Department of State, a local authority or a health board requiring the poison for the public service or in connection with the exercise of any statutory powers, functions or duties; or

( b ) a person or institution concerned with scientific education or research or chemical analysis, for the purposes of such education, research or analysis,

by a person carrying on a business in the course of which poisons are regularly sold or supplied either by way of wholesale dealing or for use by the purchasers thereof in their trade or business.

(2) Subject to sub-article (3) of this article these Regulations except articles 5 and 6, shall not apply to the sale of the poison by way of wholesale dealing.

(3) Article 6 of these Regulations shall not apply to the sale of the poison by the manufacturer thereof or by a person carrying on a business in the course of which poisons are regularly sold by way of wholesale dealing if--

( a ) the poison is sold to a person carrying on a business in the course of which poisons are regularly sold ; and

( b ) the seller is reasonably satisfied that the purchaser requires the poison for the purpose of that business.

(4) Article 6(b) of these Regulations shall not apply to the sale of the poison to a person for the purposes of his trade, business or profession if the following requirements are satisfied--

( a ) the seller shall obtain before the completion of the sale an order in writing signed by the purchaser stating his name and address, trade, business or profession, the purpose for which the poison is required and the total quantity to be purchased;

( b ) the seller must be reasonably satisfied that the signature is that of the person purporting to have signed the order and that that person carries on the trade, business or profession stated in the order ;

( c ) the seller shall insert in the entry required to be made under article 6 of these Regulations the words "signed order" and a reference number by which the order can be identified.

(5) These Regulations shall not apply to the sale or supply of the poison for export outside the State.

8. A person shall not be entitled by virtue of article 4(b) of these Regulations to sell the poison--

( a ) except in a closed container as closed by the manufacturer of the poison, and

( b ) unless,

(i) the article or substance sold is a preparation for use in agriculture, horticulture or forestry the container of which is, in addition to any other requirement of these Regulations as to labelling, labelled clearly with a notice that the substance is intended for use in agriculture, horticulture or forestry and a warning that it is to be used only for such one of those purposes as may be appropriate;

(ii) the purchaser is engaged in the trade or business of agriculture, horticulture or forestry and requires the poison for the purpose of that trade or business.

9. These Regulations shall be enforced by--

( a ) the Pharmaceutical Society of Ireland and its officers, and

( b ) health boards and their officers.

10. Offences under section 17 of the Poisons Act, 1961 , in relation to these Regulations, may be prosecuted by--

( a ) the Minister for Health ;

( b ) the Pharmaceutical Society of Ireland ; or

( c ) health boards.

11. These Regulations shall come into operation on 1st August, 1975.

12. The Poisons Act, 1961 (Paraquat) Regulations, 1968 ( S.I. No. 95 of 1968 ) are hereby revoked.

SCHEDULE

Paraquat and its salts other than a preparation in pellet form containing not more than five per cent of salts of paraquat calculated as paraquat ion.

GIVEN under the Official Seal of the Minister for Health

this 2nd day of July, 1975.

BRENDAN CORISH,

Minister for Health

EXPLANATORY NOTE.

These Regulations prohibit the retail sale of paraquat by persons other than pharmaceutical chemists or persons entitled to sell certain other poisons, specify certain precautions to be observed as to packaging and labelling and make it obligatory on sellers to keep a record of each sale which must be signed by the purchaser.

The Regulations do not apply to preparations in pellet form containing not more than five per cent paraquat salts.

These Regulations revoke the Poisons Act, 1961 (Paraquat) Regulations, 1968 ( S.I. No. 95 of 1968 ).