Zambia
Pharmacy and Poisons Act, 1940
Chapter 299
- Commenced on 1 July 1941
- [This is the version of this document at 31 December 1996.]
Part I – Preliminary
1. Short title
This Act may be cited as the Pharmacy and Poisons Act.2. Interpretation
In this Act, unless the context otherwise requires—"arrangement with creditors" means a composition or scheme made in pursuance of the law for the time being in force relating to bankruptcy and includes a deed of arrangement to which the Deeds of Arrangement Act applies;[Cap. 84]"authorised seller of poisons" means—(a)a registered pharmacist; or(b)a person declared by section seven or eight to be an authorised seller of poisons;"Board" means the Pharmacy and Poisons Board constituted under the provisions of section three;"dispensing" means supplying a medicine or a poison on and in accordance with a prescription duly given by a duly qualified medical practitioner or dentist or a veterinary surgeon;"drug" includes any medicine or medicinal preparation or therapeutic substance;"licensed seller of poisons" means a person licensed in accordance with the provisions of section eighteen to sell poisons in Part 2 of the Poisons List;"non-poisonous drug" means a drug which is not included in the Poisons List;"poison" means a poison included in the Poisons List;"wholesale dealing" means sale to a person who buys for the purpose of selling again.[As amended by No. 58 of 1965]3. Appointment of Pharmacy and Poisons Board
Part II – Pharmacy
Registration of pharmacists
4. No one to carry on the business of pharmacist unless registered
5. Name and certificate of registration to be exhibited in the premises
It shall not be lawful for any person to carry on the business of a pharmacist unless the name and certificate of registration of the person having control of the premises in which such business is carried on are conspicuously exhibited therein.Registration of premises
6. All premises in which persons carry on business of pharmacist to be registered
Exemptions
7. Company may carry on business of pharmacist under certain conditions
8. Representatives of deceased or bankrupt pharmacists
Notwithstanding anything contained in the foregoing provisions of this Part—9. Qualified medical practitioners and other persons exempted from the provisions of Part II
The provisions of this Part shall not apply to drugs supplied by—10. Exemption in the case of wholesale dealers and licensed sellers of Part 2 poisons
Nothing in this Part shall apply to—Part III – Poisons
The Poisons List
11. The Poisons List to be prepared by the Board and approved by the Minister
Supply of poisons
12. Sale of poisons in Part 1 of the Poisons List
13. Sale of poisons in Part 2 of the Poisons List
Subject to the provisions of this Part, no person shall sell any poison in Part 2 of the Poisons List unless—14. Labelling of poisons
It shall not be lawful for a person to supply any poison unless the container of the poison is labelled in the prescribed manner—15. Medicines supplied by registered medical practitioners and others
16. Special provisions in the case of certain transactions
17. Automatic machines
No person shall expose or cause to be exposed for sale any poison in or by means of an automatic machine.Licensed sellers of poisons
18. Certain persons may be licensed to sell poisons in Part 2 of the Poisons List
19. Issue of licences
20. Register of licences to be kept
Every licensing authority shall keep a register in the prescribed form of licences issued by him under this Part, and shall publish, by Gazette notice, particulars of all such licences.[As amended by No. 51 of 1963]21. Licensing authority may refuse to grant and may revoke a licence
The licensing authority may refuse to issue a licence or may revoke the licence of any person who in the opinion of the authority is, for sufficient reason relating either to himself personally or to his premises, not fit to be licensed. In the event of such refusal or revocation, an appeal shall lie to the Board whose decision shall be final.Part IV – Miscellaneous provisions
22. Powers of search and inspection of books
23. Production of authorisation
An inspecting officer specially authorised in writing and exercising his powers under section twenty-two shall produce his authorisation on demand.24. Examination of premises, drugs, etc.
Any authorised officer may enter the premises where any registered pharmacists carries on business or keeps any drugs or wares used by him and examine such premises, drugs and wares.[As amended by No. 22 of 1972]25. Patent medicines
The Minister, on the recommendation of the Board, may, by statutory order, prohibit or control the importation, manufacture or sale of any secret, patent, proprietary or homoeopathic medicine or preparation.[As amended by No. 51 of 1963 and No. 58 of 1965]26. Rules
27. Penalty
Any person who contravenes any provision of this Act is guilty of an offence and, except as provided by subsection (2) of section twenty-two, is liable on conviction to imprisonment for six months or to a fine of one thousand five hundred penalty units or to both and, in addition to such penalty as aforesaid, the court before which a person is so convicted may order any articles in respect of which such offence has been committed to be forfeited.[As amended by Act No. 13 of 1994]History of this document
01 July 1941
Commences.
Subsidiary legislation
Title | Numbered title |
---|---|
Poisons (Amendment) (No. 2) Rules, 1983 | Statutory Instrument 51 of 1983 |
Poisons (Amendment) Rules, 1983 | Statutory Instrument 50 of 1983 |