LAWS OF FIJI REVISED 1985 CHAPTER 115 ______ PHARMACY AND POISONS ______ TABLE OF PROVISIONS ______ PART I - PRELIMINARY SECTION 1. Short title 2. Interpretation 2A. Meaning of "medicine" and related expressions 2B. Certain substances or articles to be treated as medicines 3. Meaning of "sale" 4. Meaning of "adulteration" PART II - ADMINISTRATION 5. The Pharmacy and Poisons Board 6. Members of Board 7. Meetings of the Board 8. Board may summon person to attend and give evidence 9. Chairman may administer oath 10. Person failing to appear when summoned 11. Person refusing to make oath or affirmation 12. False testimony 13. Liability of members 14. Fees 15. Power of search 16. Secretary. Inspectors 17. Persons eligible for appointment as inspectors 18. Powers of inspectors 19. Certificate of Government analyst PART III - PHARMACISTS 20. Register of Pharmacists 21. Pharmacists how registered 22. Persons eligible for registration 23. Board may direct examination of applicant 24. Registration of applicants 25. Appeal against refusal of Board to register 26. Copy of register to be published 27. Fraudulent representation 28. Amendments may be made in register 29. Notification of change of address or death 30. Correction of register 31. Corporate body may carry on business of pharmacist 32. Restriction on number of pharmacies 32A. Establishment of Fiji Pharmaceutical Society 32B. Objects of Fiji Pharmaceutical Society 32C. Former Fiji Pharmaceutical Society PART IV - CONDUCT OF BUSINESS AS PHARMACIST 33. Grounds of cancellation of registration 34. Removal of name from register 35. Surrender of certificate of registration 36. Persons other than registered pharmacists not to carry on business 37. Death, unsoundness of mind or bankruptcy of pharmacist 38. Name of pharmacist to be exhibited 39. Pharmacists only to dispense 40. Temporary licence 41. Prescriptions to be signed 42. Record of prescriptions 43. Conduct of business by pharmacist 44. Medical practitioners, etc., may dispense 45. Automatic machines for vending medicines prohibited 46. Restrictions on supply of certain medicines 47. False or misleading advertisements 47A. Prohibition of certain advertisements 47B. Meaning of "advertisement" in sections 47 and 47A 48. British Pharmacopoeia PART V - MANUFACTURE, SALE AND SUPPLY OF MEDICINES 48A. Licensing of manufacture and wholesale dealing 48B. Exemptions from licensing 48C. Application for manufacturer's or wholesale licence 48D. Factors relevant to determination of application 48E. Persons qualified for grant of manufacturer's licences 48F. Grant or refusal of licence 48G. Duration and renewal of licence 48H. Suspension, variation and revocation of manufacturer's or wholesale licences 48I. Variation of manufacturer's or wholesale licence on application of holder 48J. Appeals 48K. Inspection and search of premises, etc. 48L. Offences 49. Sale of medicines 50. Medicine Licence 51. Animal Medicine Licence 52. Police to be notified of issue of licence 53. Only medicines mentioned in licence may be sold 54. (Repealed) 55. Adulteration of medicines 56. Sale of adulterated medicines 57. Offence in relation to sales 58. Reliance on written warranty a good defence 59. Importation of medicines 60. Labels on medicines imported 61. Importation of certain medicines may be prohibited PART VI - POISONS 62. Importation and sale of poisons 63. Pharmacists to be authorised sellers of poisons 64. Poisons Licence 65. Register of Premises 66. Prohibition and regulations with respect to the sale of poisons 67. Exemption with respect to medicines 68. Exemption with respect to certain sales 69. Use of titles, emblems and descriptions 70. Prohibition of sale of poisons by means of automatic machine PART VII - MISCELLANEOUS 71. Regulations 72. General penalty 73. Application of Customs law First Schedule-Countries, etc., Specified for the Purpose of Section 22 Second Schedule-Exempted Articles Third Schedule-The Poisons List Fourth Schedule-Animal Medicines __________ Ordinances Nos. 30 of 1937, 22 of 1938, Order in Council No. 4 of 1938, Ordinances Nos. 2 of 1945, 1 of 1951, 9 of 1955, Order 12 September 1957, Ordinance No. 5 of 1958, Order 31 March 1959, Ordinances Nos. 20 of 1960, 32 of 1962, Order 22 March 1965, Ordinances Nos. 37 of 1966, 52 of 1968, 11 of 1970, Legal Notices Nos. 112 of 1970, 118 of 1970, 58 of 1971, 104 of 1971, 59 of 1973, 28 of 1975, Acts Nos. 14 of 1975, 24 of 1976, Legal Notice No. 124 of 1977, Acts Nos. 2 of 1980, 18 of 1984, Legal Notices Nos. 155 of 1980, 180 of1980, 12 of 1981, 35 of 1983, 36 of 1983 AN ACT TO PROVIDE FOR THE REGISTRATION OF PHARMACISTS AND TO CONTROL THE PRACTICE OF PHARMACY AND THE SALE AND DISTRIBUTION OF DRUGS AND POISONS AND FOR PURPOSES CONSEQUENTIAL THEREON [1 January 1938] PART I - PRELIMINARY Short title 1. This Act may be cited as the Pharmacy and Poisons Act. Interpretation 2.-(1) In this Act, unless the context otherwise requires - "administer" in relation to any substance or article means administer it either in its existing state or after it has been dissolved or dispersed in, or diluted or mixed with, some other substance used as a vehicle; "assembly" in relation to a medicine, means the process of enclosing the medicine in a container which is labelled before the medicine is sold or offered for sale, or where the medicine is already enclosed in the container in which it is to be sold or offered for sale, labelling the container before the medicine is sold or offered for sale in it; "Board" means the Pharmacy and Poisons Board appointed under this Act; "chairman" means the chairman of the Board appointed under this Act; "manufacture" in relation to a medicine, includes any process carried out in the course of making the medicine including the assembly thereof, but does not include dissolving or dispersing the medicine in, or diluting or mixing it with, some other substance used as a vehicle for the purpose of administering it and does not include the incorporation of the medicine in any animal feeding stuff; "medicine" and "medicinal purpose" have the meanings assigned to them by section 2A; "member" means a member of the Board constituted under this Act; "Permanent Secretary" means the Permanent Secretary for Health; "poison" includes the several substances mentioned in the Poisons List in the Third Schedule; "qualified veterinary surgeon" means any veterinary surgeon registered under the provisions of the Veterinary Surgeons Act; (Cap. 257.) "register" means the Register of Pharmacists registered under this Act; "registered dentist" means a dentist registered under the Medical and Dental Practitioners Act; (Cap. 255.) "registered medical practitioner" or "medical practitioner" or "duly qualified practitioner" means a medical practitioner registered under the Medical and Dental Practitioners Act; (Cap. 255.) "registered pharmacist" means a person registered under the provisions of this Act. (Amended by Ordinance 5 of 1958, s. 2; 32 of 1962, s. 2; 37 of 1966, s. 39; Act 14 of 1975, s. 26; 2 of 1980, s. 2.) (2) In this Act any reference to selling anything by way of wholesale dealing is a reference to selling it to a person who buys it for the purpose of - (a) selling or supplying it; or (b) administering it or causing it to be administered to one or more human beings, in the course of a business carried on by that person, except that it does not include any such sale by the person who manufactured it under and in accordance with a manufacturer's licence. (Inserted by Act 2 of 1980, s. 2.) Meaning of "medicine" and related expressions 2A.-(1) In this Act - (a) "medicine" means any substance or article (not being an instrument, apparatus or appliance) which is manufactured, sold or offered for sale for use wholly or mainly in either or both of the following ways: (i) use by being administered to human beings or animals for a medicinal purpose; (ii) use, in circumstances specified in subsection (2), as an ingredient in the preparation of a substance or article which is to be administered to human beings or animals for a medicinal purpose, but, except as provided in section 2B, medicine does not include a substance or article the sole or principal use of which is, or ordinarily is, a cosmetic use, or which is represented to be, or might reasonably be taken to be, for cosmetic use; (b) "medicinal purpose" means any one or more of the following purposes: (i) treating or preventing a disease; (ii) diagnosing disease or ascertaining the existence, degree or extent of a physiological condition; (iii) contraception; (iv) inducing anaesthesia; (v) otherwise preventing or interfering with the normal operation of a physiological function, whether permanently or temporarily, and whether by way of terminating, reducing or postponing, or increasing or accelerating, the operation of that function or in any other way. (2) The circumstances referred to in subsection (1) (a) (ii) are - (a) use in a pharmacy or in a hospital, clinic, nursing home or similar institution; (b) use by a medical practitioner, registered dentist, registered pharmacist or a qualified veterinary surgeon; (c) use in the course of a business which consists of or includes the retail sale of herbal remedies. (3) In subsection (2)(c) "herbal remedy" means a medicine consisting of a substance produced by subjecting a plant to drying, crushing or any other process, or of a mixture whose sole ingredients are two or more substances so produced, or of a mixture whose sole ingredients are one or more substances so produced and water or some other inert substance. (Inserted by Act 2 of 1980, s. 3.) Certain substances or articles to be treated as medicines 2B.-(1) Where in the course of trade or business any substance or article is manufactured, sold or offered for sale as a medicine or is described as a medicine or recommended in any manner to be used for a medicinal purpose that substance or article shall be treated as a medicine for the purposes of this Act.