Point in Time
Act No: CAP. 244
Act Title: PHARMACY AND POISONS
[ Date of commencement: 1st May, 1957. ]
[ Date of assent: 11th May, 1956. ]
Arrangement of Sections
PART I – PRELIMINARY
1.
Short title

This Act may be cited as the Pharmacy and Poisons Act.

4.
Proceedings of Board
(1)

The Board shall meet at such times and places as it deems necessary or expedient for the transaction of its business.

(2)

The Chairman shall preside at all meetings of the Board, and in his absence for any reason at a meeting the Board shall choose one of its number who shall act in his stead during such absence.

(3)

The Chairman at any meeting of the Board shall, in addition to his deliberative vote as a member of the Board, have a casting vote.

(4)

The quorum of the Board shall be five, of whom three shall be pharmacists.

(5)

The registrar shall cause details of all business conducted or transacted at meetings of the Board to be entered regularly in a minute book kept for the purpose under his direction. The minutes of the proceedings of each meeting shall be submitted at the meeting following, and, if then passed as correct, shall be confirmed by the signature of the Chairman and shall, when so confirmed, be prima facie evidence in all courts and places that the minutes are an accurate record of the proceedings so recorded.

(6)

The powers of the Board shall not be affected by any vacancy in the membership thereof, nor by any defect in the appointment or qualifications of a person purporting to be a member of the Board.

PART II – PHARMACY
11.
Publication of details of registered pharmacists
(1)

Whenever a name is added to or deleted from the register for any cause the registrar shall without undue delay publish in the Gazette the fact of such the addition or deletion and the reason therefor, together with the name and address of the person concerned.

(2)

The registrar shall, as soon as conveniently may be after the first day of January in every year, publish in the Gazette a list of the names, qualifications and addresses of all registered pharmacists.

12.
Professional misconduct
(1)

Where—

(a)

a person applying to have his name registered; or

(b)

a registered pharmacist or any person employed by him in the carrying on of his business; or

(c)

a person whose name has been deleted from the register or any person employed by him as aforesaid,

has at any time been convicted, whether within or outside Kenya, of any criminal offence or been guilty of any misconduct (being in a case falling within paragraph (c) of this subsection a conviction or misconduct which took place either before or after the deletion of the name) which in the opinion of the Board renders the convicted or guilty person unfit to have his name on the register, the Board may, after inquiring into the matter—

(i) in a case falling within paragraph (a) of this subsection, direct that the applicant’s name shall not be registered, or shall not be registered until the Board otherwise directs;
(ii) in a case falling within paragraph (b) of this subsection, direct the registrar to delete the name of the registered pharmacist from the register;
(iii) in a case falling within paragraph (c) of this subsection, direct that the name removed from the register shall not be restored thereto, or shall not be restored thereto until the Board otherwise directs,

and where the Board directs that a name shall be deleted from the register or shall not until the Board otherwise directs be registered or restored to the register, the Board may also direct that no application to the registrar in respect of its registration, or as the case may be its restoration to the register, shall be entertained thereafter until the expiration of such period as may be specified in the direction or until the fulfilment of such conditions as may be so specified.

(2)

Where the name of any person has been deleted from the register in pursuance of a direction under paragraph (ii) of subsection (1) of this section, the Board may, either of its own motion or on the application of that person, direct the registrar to restore the name to the register, either without fee or on the payment to the registrar of such fee as may be prescribed in the behalf, not exceeding the fee prescribed for registration in pursuance of section 9.

(3)

It shall be the duty of the registrar—

(a)

to give notice of any direction under this section to the person to whom the direction relates;

(b)

to give notice of any refusal of an application made under the last foregoing subsection to the applicant,

and any such notice shall be sent by registered letter which, in the case of a registered pharmacists, shall be addressed to his address on the register.

13.
Restriction on directions by Board
(1)

Where an act or omission which under subsection (1) of section 12 may be made the ground of a direction by the Board involving the cesser or restriction of the right of a person to have his name registered is an act or omission on the part of an employee of that person, the Board shall not give any such direction unless proof is given to its satisfaction of some one or more of the facts specified in the next subsection and the Board is of the opinion that, having regard to the facts so proved, the said person ought to be regarded as responsible for the act or omission.

(2)

The facts as to some one or more of which the Board must be satisfied before giving any such direction as is mentioned in subsection (1) of this section are—

(a)

that the act or omission in question was instigated or connived at by the said person;

(b)

that the person or any employee of his had been guilty at some time within twelve months before the date on which the act or omission in question took place of a similar act or omission and that the person had, or reasonably ought to have had, knowledge of that previous act or omission;

(c)

if the act or omission in question was a continuing act or omission, that the person had, or reasonably ought to have had, knowledge of the continuance thereof;

(d)

in the case of a criminal offence being an offence under this Act, that the person had not used due diligence to enforce the execution of this Act.

14.
Appeal against direction, etc.
(1)

A person aggrieved by a direction of the Board under section 12 of this Act or by the refusal of an application made under subsection (2) of that section may at any time within one month from the date on which notice of the direction or, as the case may be, of the refusal is given to him appeal to the Supreme Court against the direction or refusal, and the Board may appear as respondent in any such appeal.

(2)

The Supreme Court may on any such appeal make such order as it thinks fit in the matter and any order of the Supreme Court on any such appeal shall be final.

(3)

It shall be the duty of the registrar to make such alterations in the register as are necessary to give effect to any such order as aforesaid.

15.
Time of operation of direction for deletion of name

A direction under paragraph (ii) of subsection (1) of section 12 of this Act shall not take effect until the expiration of one month from the giving of notice of the direction as required by subsection (3) of that section or, where an appeal to the Supreme Court is brought against the direction, until the appeal is determined or withdrawn.

16.
Registration or restoration of name where appeal dismissed

If the Supreme Court has dismissed an appeal against a direction under subsection (1) of section 12 of this Act that a name shall be deleted from the register or shall not, until the Board otherwise directs, be registered or restored to the register, a direction by the Board authorizing the registration or restoration of the name shall not take effect unless it is approve by the Cabinet Secretary.

[Act No. 25 of 2015, Sch.]

17.
Deletion of name from register for conduct outside Kenya

If by reason of a conviction or of professional misconduct the name of a pharmacist registered in Kenya (whether before or after such conviction or misconduct) is in any other country removed, deleted or struck from the register of pharmacists (by whatever name or style designated) of such country, or if by any order or other process such pharmacist is in any such country disentitled to practise as a pharmacist (by whatever name or style designated), the Board may direct the registrar to delete the name of the pharmacist from the register, but without prejudice to the provisions of subsection (2) of section 12 of this Act.

21.
Bodies corporate
(1)

Notwithstanding anything contained in the foregoing provisions of this Part, it shall not be necessary for a body corporate carrying on the business of a pharmacist to be registered under this Act provided that—

(a)

a copy of the certificate of incorporation of the body corporate is lodged with the Board;

(b)

such business is under the management of a superintendent who is a registered pharmacist and a member of the board of directors of the body corporate, and who is not acting in a similar capacity for any other body corporate;

(c)

in each set of premises where the business is carried on, the business, so far as concerns the retail sale of drugs, is carried on by the superintendent, or, subject to the directions of the superintendent, by a manager or assistant who is a registered pharmacist;

(d)

in each set of premises where the business is carried on, the name and certificate of registration of the person in control of the business is conspicuously displayed.

(2)

Any emblem, description or title which may be used by a registered pharmacist, may be used by a body corporate lawfully carrying on the business of the pharmacist.

22.
Carrying on of business by personal representatives
(1)

Notwithstanding anything in the foregoing provisions of this Part, if a registered pharmacist dies, or becomes of unsound mind or is adjudged bankrupt or enters into an arrangement with his creditors, his representatives may, with the permission of the Board and subject to such directions and conditions as the Board may deem fit to impose, carry on the business, and it shall not be necessary for such representatives to be registered provided that such business is continued only under the personal management and control of a registered pharmacist and for such period not exceeding five years as the Board may decide, and that the provisions of subsection (1) of section 20 of this Act are complied with.

(2)

Any title, emblem or description which may lawfully have been used by the registered pharmacist may continue to be used by his representatives as long as they are authorized by the Board to carry on the business.

(3)

For the purposes of this section an 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 (Cap. 54) applies.

24.
Authorized seller of poisons

Any person lawfully carrying on the business of a pharmacist in accordance with the provisions of this Part shall be an authorized seller of poisons.

PART III – POISONS
25.
Preparation of Poisons List
(1)

The Board shall prepare and submit to the Cabinet Secretary for his approval a list of the substances which are to be treated as poisons for the purposes of this Act.

(2)

The list to be prepared under this section shall be divided into two parts as follows—

(a)

Part I of the list shall consist of those poisons which, subject to this Act, are not to be sold except by authorized sellers of poisons and

by licensed wholesale dealers and dealers in mining, agricultural or horticultural accessories;

(b)

Part II of the list shall consist of those poisons which, subject to the provisions of this Act, are not to be sold except by persons entitled to sell Part I poisons and by persons licensed under the provisions of section 32 of this Act.

(3)

In determining the distribution of poisons as between Part I and Part II of the list, regard shall be had to the desirability of restricting Part II to articles which are in common use, or likely to come into common use, which it is reasonably necessary to include therein if the public are to have adequate facilities for obtaining them.

(4)

The Cabinet Secretary may, by order, confirm the list with or without modification, and may, after consultation with or on the recommendation of the Board, from time to time by order amend or vary the list as he thinks proper.

(5)

The said list as in force for the time being is in this Act referred to as the Poisons List, and for the purposes of this Act the expressions “Part I Poison” and “Part II Poison” mean any of the poisons listed in Part I and Part II respectively of the Poisons List.

[Act No. 25 of 2015, Sch.]

27.
Wholesale dealer’s licence
(1)

If the Board is satisfied that it is in the public interest that a licence to deal as a wholesale dealer in poisons should be issued or renewed it may, on application being made to the Board in writing on such form as may be prescribed, and on payment of the prescribed fee, issue to the applicant a licence in the form prescribed, or, as the case may be, renew such licence.

(2)

The Board may refuse to issue or renew, or may revoke, a licence under this section, for any good and sufficient reason relating either to the applicant or licensee, or to the premises in which the business is, or is proposed to be, carried on, and an appeal shall lie from such refusal or revocation to the Cabinet Secretary, whose decision thereon shall be final.

(3)

A separate licence under this section shall be required in respect of each set of premises in which the business of the licensee is carried on.

(4)

No licence shall be issued or renewed under this section unless the person applying for or holding such licence is or has a registered pharmacist in control of the distribution of the poisons and the registered pharmacist is resident in Kenya.

(5)

Every licence issued under this section shall expire on the 31st day of December in the year of issue, subject to renewal.

(6)

The Registrar shall keep a register of all licences issued by the Board under this section.

[Act No. 13 of 1980, Sch., Act No. 25 of 2015, Sch.]

31.
Supply and dispensing of Part I poisons by doctors, hospitals, etc.
(1)

A duly qualified medical practitioner, dentist or veterinary surgeon, or a member of the staff of a hospital, dispensary or similar institution who has been authorized so to do by general or special order of the Cabinet Secretary, may supply or dispense a Part I poison for the purpose of medical, dental or veterinary treatment, as the case may be, subject to the following provisions—

(a)

the poison shall be distinctly labelled with the name and address of the person by whom it is supplied or dispensed;

(b)

the following particulars shall within twenty-four hours after the poison has been supplied or dispensed be entered in a book used regularly for the purpose (but which need not be used exclusively for that purpose), and which shall be called the Prescription Book—

(i) the date on which the poison was supplied or dispensed;
(ii) the ingredients and the quantity supplied;
(iii) the name and address of the person to whom the poison was supplied;
(iv) the name and address of the person by whom the prescription was given,

and a registered midwife practising domiciliary midwifery may supply or dispense a Part I poison in accordance with the regulations made under the Nurses, Midwives and Health Visitors Act (No. 21 of 1965), if he complies with paragraph (b) of this subsection in relation to the supplying or dispensing of the poison.

(2)

An authorized seller of poisons may supply a Part I poison prescribed and dispensed by himself, and in every case in which he supplies a Part I poison on prescription (whether the prescription has been drawn up by himself or not) shall enter the particulars in his Prescription Book in accordance with this section, but shall not in respect of such supply be required to make any entry in the Poisons Book in accordance with section 30 of this Act.

(3)

Any person to whom subsection (1) of this section apply who supplies or dispenses any Part I poison otherwise than in compliance with these provisions shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding one year or to both such fine and such imprisonment.

[Act No. 3 of 1968, s. 9, Act No. 25 of 2015, Sch.]

32.
Licence to sell Part II poisons
(1)

Every person who, not being otherwise empowered so to do, desires to sell Part II poisons may make application for a licence in writing in the manner prescribed to the Board or a person appointed by it in writing for the purpose.

(2)

If the Board or the person appointed by it is satisfied that it is necessary for a licence under this section to be issued or renewed in order that the public may have adequate facilities for obtaining Part II poisons and that the applicant is a fit and proper person to sell the poisons, and that the premises in which this business is to be carried on are suitable, he may, on payment of the fee prescribed, issue or renew the licence.

(3)

A licence granted under this section may be made subject to such conditions and limitations as the Board or the person appointed by it may think fit to impose.

(4)

Every licence granted under this section shall be in the prescribed form and shall expire on the 31st December of the year in which it is granted.

(5)

The Board or the person appointed by it may refuse to issue or renew a licence, or may revoke the licence of any person who in his opinion is for a reason relating either to the person or his premises not fit to be so licensed, and in the event of refusal or revocation an appeal shall lie to the Cabinet Secretary, whose decision shall be final.

(6)

The Registrar shall keep a register in the prescribed form of all licences issued under this section.

[Act No. 3 of 1968, s. 10, Act No. 25 of 2015, Sch.]

PART IIIA – MANUFACTURE OF MEDICINAL SUBSTANCES
35B.
Compliance with good manufacturing practice

Every person who is granted a manufacturing licence under section 35A shall comply with the good manufacturing practices prescribed by the Board.

PART IIIB – NATIONAL QUALITY CONTROL LABORATORY
35C.
Interpretation of Part

In this Part, unless the context otherwise requires—

“Director” means the Director of the National Quality Control Laboratory appointed under section 35H;

“Laboratory” means the National Quality Control Laboratory established under section 35D.

35D.
Establishment of the National Drug Quality Control Laboratory
(1)

There shall be established a National Quality Laboratory which shall be used as a facility for—

(a)

the examination and testing of drugs and any material or substance from or with which and the manner in which drugs may be manufactured, processed or treated and ensuring the quality control of drugs and medicinal substances;

(b)

performing chemical, biological, bio-chemical, physiological and pharmacological analysis and other pharmaceutical evaluation; and

(c)

testing, at the request of the Board and on behalf of the Government, of locally manufactured and imported drugs or medicinal substances with a view to determining whether such drugs or medicinal substances comply with this Act or rules made thereunder.

35E.
Incorporation of the Laboratory

The Laboratory shall be a body corporate with perpetual succession and a common seal and shall have power to sue and be sued in its corporate name and to acquire, hold and dispose of movable and immovable property for its own purposes.

35F.
Board of Management
(1)

There shall be a Board of Management for the Laboratory, which shall consist of nine members to be appointed by the Pharmacy and Poisons Board.

(2)

A member of the Board of Management appointed under subsection (1) shall hold office for three years but shall be eligible for re-appointment.

(3)

A quorum of the Board of Management shall be five members.

(4)

The Board of management shall meet not less than four times each calendar year.

(5)

The Director shall be the secretary of the Board of Management.

(6)

Subject to this subsection, the Board of Management may regulate its own procedure.

35G.
Functions of the Board of Management

The functions of the Board of Management shall be—

(a)

to administer the property and funds of the Laboratory in such manner and for such purposes as shall, in the opinion of the Board of Management, promote its best interests;

(b)

to receive, on behalf of the Laboratory, grants-in-aid, gifts, donations, fees, subscriptions or other moneys and make disbursements therefrom;

(c)

to make regulations governing the appointment, conduct and discipline of employees of the Laboratory;

(d)

in consultation with the Cabinet Secretary, to draw up a scheme of service for employees of the Laboratory;

(e)

to administer the approved terms and conditions of service, including appointments, dismissals, remuneration and retiring benefits of employees of the Laboratory; and

(f)

to appoint such employees upon terms and conditions to be laid down by the Board of Management, after consultation with the Cabinet Secretary, as it considers necessary for the proper and efficient administration of the Laboratory.

[Act No. 12 of 1992, s. 3, Act No. 25 of 2015, Sch.]

35H.
Director
(1)

The Board of Management shall appoint a Director who shall be the chief executive of the Laboratory responsible to the Board of Management for the day to day management of the Laboratory.

(2)

The Director shall hold office on such terms and conditions of service as may be specified in the instrument of his appointment.

35J.
Financial provisions
(1)

The funds to be used for the management of the Laboratory shall consist of all moneys received or recovered under this Part and moneys provided by Parliament.

(2)

The Laboratory may accept gifts, donations, subscriptions, fees and other moneys for the implementation of approved programmes.

(3)

The financial year of the Laboratory shall be the same as the Government financial year.

(4)

The estimates for the expenditure of the Laboratory shall be submitted through the Cabinet Secretary for approval by the Treasury and shall make provisions for—

(a)

the payment of salaries, allowances and all other charges in respect of the employees of the Laboratory;

(b)

the payment of pensions, gratuities and all other charges in respect of retirement benefits payable out of the funds of the Laboratory;

(c)

the procurement, proper maintenance, repair and replacement of equipment and other immovable property of the Laboratory;

(d)

the proper maintenance of the buildings and grounds of the Laboratory;

(e)

the creation of such reserve funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of building, or equipment or in respect of such other matters as the Board of Management may think fit;

(f)

the cost of Board of Management meetings; and

(g)

capital expenditure.

(5)

The Board of Management shall cause to be kept and the Director shall keep all proper books of accounts of the Laboratory.

(6)

The accounts of the Laboratory shall be audited by the Auditor-General (Corporations).

(7)

The disposal of fixed assets by the Board of Management shall be subject to the approval of the Treasury.

[Act No. 12 of 1992, s. 3, Act No. 25 of 2015, Sch.]

35K.
Certificate of analysis
(1)

A certificate of analysis shall be issued and signed by the Director for every analysis done.

(2)

The certificate of analysis issued under subsection (1) shall be in the prescribed form.

PART IV – MISCELLANEOUS PROVISIONS
37.
Prohibition of advertisements as to certain diseases, etc.
(1)

Subject to the provisions of this Act, no person shall take part in the publication of an advertisement referring to a drug, appliance or article of any description in terms which are calculated to imply that such drugs, appliances or articles may be effective for any of the purposes specified in the Schedule to this Act.

(2)

In any proceedings for contravention of the foregoing provisions of this section, it shall be a defence for the person charged to prove that the advertisement to which the proceedings relate was published only so far as was reasonably necessary to bring it to the notice of one or more persons of the following classes—

(a)

members of the National Assembly;

(b)

members of the governing body of a voluntary hospital;

(c)

duly qualified medical practitioners, dentists and veterinary surgeons;

(d)

registered pharmacists, authorized sellers of poisons and licensed wholesale dealers;

(e)

persons carrying on a business which includes the sale or supply of surgical appliances,

or that the said advertisement was so published in connection with an application for a patent submitted to the appropriate authority so far only as was requisite for the purpose of the application.

(3)

The Cabinet Secretary may from time to time, by notice in the Gazette, amend or vary the Schedule to this Act.

[L.N. 365/1964, Act No. 25 of 2015, Sch.]

38.
Prohibition of advertisements as to abortion

Subject to the provisions of this Act, no person shall take any part in the publication of any advertisement referring to any drug, appliance or article of any description, in terms which are calculated to lead to the use of such drugs, appliance or article for procuring the miscarriage of women.

39.
Prohibition of misleading advertisements

Subject to the provisions of this Act, no person shall take any part in the publications of any advertisement referring to a drug, medicine, medical appliance or similar article in terms which in the opinion of the Board are considered to be extravagant and to bear little or no relation to the pharmacological properties and action of the ingredients or components thereof.

42.
Proceedings on charge concerning labelling
(1)

It shall be a defence for a person charged with selling or supplying, in contravention of any of the provisions of section 41 of this Act, an article consisting of or comprising a substance recommended as a medicine to prove—

(a)

that he did not know, and had no reason to believe that the article consisted of or comprised such a substance; or

(b)

that, in relation to the matter in respect of which he is charged, he acted in the course of his employment as a servant or agent of another person on the instructions of his employer or of some other specified person.

(2)

In any proceedings for contravention of any of the provisions of section 41 of this Act a document purporting to be a certificate signed by a public analyst within the meaning of the Food and Drugs (Adulteration) Act (Cap. 127) or by an officer authorized in writing by the Cabinet Secretary to perform such analysis, and stating the result of an analysis made by him, shall be admissible as evidence of the matters stated therein, but any party to the proceedings may require the person by whom the analysis was made to be called as a witness.

[ Act No. 25 of 2015, Sch.]

42A.
Proceedings on charge of selling poisons, etc.

Where a person is charged with an offence under section 26, section 29 or section 33 of this Act by reason of his having sold or been in possession of a container labelled as containing poisons, and the container appears to have been packed by the manufacturer of the contents and to be intact, the container shall be presumed to contain poisons of the description specified on the label, until the contrary is proved.

42B.
Appeals

An appeal under any of sections 27(2), 28(3), 32(5) and 50(2) of this Act shall be in writing, and shall be lodged within thirty days after the date of the act appealed against.

43.
Power to prohibit or control certain medicines
(1)

The Cabinet Secretary, on the recommendation of the Board, may, by order, prohibit or control the manufacture, sale, advertisement or possession of any secret, patent, proprietary or homoeopathic medicine, preparation or appliance.

[ Act No. 25 of 2015, Sch.]

(2)

Any person who contravenes or fails to comply with any order made by the Cabinet Secretary under subsection (1) of this section shall be guilty of an offence.

45.
Power to enter and search premises, etc.
(1)

If a magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence against any of the provisions of this Act has been or is being or is about to be committed and that evidence of the commission of the offence is to be found on or in any premises, vehicle or vessel specified in the information, he may grant a search warrant authorizing any police officer to enter and search any such premises or to detain, enter and search any such vehicle or vessel, and to seize any drugs, articles or documents which the officer has reasonable cause for believing to be evidence of the commission of the offence.

(2)

An authorized officer, if he has reasonable cause to believe that an offence against any of the provisions of this Act is being or has been committed on or in any premises, vehicle or vessel, or that any drug, article or document in respect of which there is reasonable ground for suspecting that such offence has been or is being committed is on or in any premises, vehicle or vessel, and if the delay which would occur in obtaining a search warrant as hereinbefore provided would, or would tend to, defeat the purposes of this Act , may without such warrant enter and search any such premises or may detain, enter and search any such vehicle or vessel, and may seize any drugs, articles and documents which he has reasonable cause to believe to be evidence of the commission of any such offence.

(3)

Where any drug, article or document has been seized under the provisions of this section the person who has seized it shall forthwith report to a magistrate the fact of such seizure.

46.
Retention and disposal of goods seized
(1)

Any drug, article or document seized under the provisions of section 45 of this Act may be retained for a period not exceeding one month or if within that period proceedings are commenced for an offence under this Act in respect of such drug, article or document, until the final determination of those proceedings.

(2)

Where a magistrate is satisfied that any such drug or article is of a perishable nature or that by reason of the fact that the market for any such drug or article is seasonal, or for any other reason, any delay in disposing of the drug or article would unduly prejudice the owner thereof, he may authorize the sale or other disposal of such drug or article.

(3)

Where proceedings are taken for any offence against this Act the court by or before which the alleged offender is tried may make such order as to the forfeiture or other disposal of any drug or article in respect of which such offence was committed as the court shall see fit.

(4)

In this section references to a drug or article shall be construed as including the proceeds of any sale effected in accordance with the provisions of subsection (2) hereof.

47.
Inspection of licences and books
(1)

Every authorized or licensed seller of poisons shall, on the demand of an authorized officer, produce for inspection his certificate of registration or his licence, as the case may be.

(2)

All books kept by any seller of poisons, medical practitioner, dentist or veterinary surgeon, or by any hospital, dispensary or similar institution, in accordance with the provisions of this Act, shall be open for inspection by an authorized officer at all reasonable times.

48.
Obstruction of authorized officers

Any person who obstructs or hinders an authorized officer in the lawful exercise of the powers conferred by section 45 or section 47 of this Act shall be guilty of an offence.

49.
Vicarious criminal responsibility
(1)

An act which if done by an individual would be an offence against this Act or any rules made thereunder shall, if done by a body corporate, be an offence by every director, secretary and manager thereof unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

(2)

If an offence against this Act or any rules thereunder has been committed by a partner in a firm, every person who at the time of the commission of the offence was a partner in that firm, or was purporting to act in that capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

52.
Repeal

The Pharmacy and Poisons Ordinance (Cap. 128) is hereby repealed:

Provided that all licences, certificates, registrations, authorizations and approvals made under any of the provisions of the said Ordinance and in force immediately prior to the repeal thereof shall, so far as similar provision exists in this Ordinance, be deemed to have been made under such provision, and shall have effect accordingly.

SCHEDULE

[Section 37.]

PURPOSES FOR WHICH DRUGS, ETC., MAY NOT BE ADVERTISED
1.

The cure of syphilis, gonorrhoea or soft chancre in any of their forms.

2.

The prevention, relief or cure of Bright’s disease, schistosomiasis, cancer, consumption or tuberculosis, leprosy, lupus, diabetes, epilepsy or fits, locomotor ataxy, paralysis, or infantile paralysis.

3.

The cure of arterio-sclerosis, septicaemia, diphtheria, dropsy, erysipelas, gallstones, kidney stones and bladder stones, goitre, heart disease, tetanus or lockjaw, pleurisy, pneumonia, scarlet-fever, smallpox, trachoma, amenorrhoea, hernia or rupture, blindness, or any structural or organic ailment of the auditory system.

4.

The cure of any habit associated with sexual indulgence, or of any ailment associated with those habits; or the restoration or stimulation of the sexual functions.