Poisons Act 1960
Poisons Act 1960
Checking for alerts... Loading...
Poisons Act 1960
Poisons Act 1960
Public Act |
1960 No 97 |
|
Date of assent |
25 October 1960 |
|
Contents
An Act to consolidate and amend certain enactments of the General Assembly relating to poisons
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Poisons Act 1960.
(2)
Except as otherwise provided herein, this Act shall come into force on the first day of April, nineteen hundred and sixty-one.
2 Interpretation
(1)
In this Act, unless the context otherwise requires,—
“Aircraft” has the same meaning as in the Civil Aviation Act 1948:
“Advertisement” means any words whether written, printed, or spoken, and any pictorial representation or design or device, used to explain the use or notify the availability or promote the sale of any substance or preparation; and includes any trade circular, any label, and any advertisement in any trade journal:
“Board of Health” means the Board of Health constituted under the Health Act 1956:
“Chemist” means a person for the time being registered as a pharmaceutical chemist under the Pharmacy Act 1939:
“Container” includes anything in or by which poisons or poisonous substances or toxic substances may be cased, covered, enclosed, contained, or packed; and, in the case of goods sold or carried or intended for sale or carriage in more than one container, includes every such container:
“Dentist” means a person for the time being registered as a dentist under the Dentists Act 1936:
“District Registrar” means the Medical Officer of Health appointed under the Health Act 1956 for a health district:
“Drug” has the same meaning as in the Food and Drugs Act 1947:
“Label” means any written, pictorial, or other descriptive matter appearing on or attached to any container containing a poison or poisonous substance or toxic substance:
“Local authority” means a Borough Council, a Town Council, a County Council, a Road Board, a Hospital Board, a Fire Board, a Harbour Board, a Drainage Board, a Catchment Board, a River Board, or a Rabbit Board; and includes the Auckland Metropolitan Drainage Board, the Christchurch Drainage Board, the Dunedin Drainage and Sewerage Board, the Hutt Valley Drainage Board, and the North Shore Drainage Board:
“Medical practitioner” means a person for the time being registered as a medical practitioner under the Medical Practitioners Act 1950:
“Minister” means the Minister of Health:
“Officer” means any officer of the Department of Health or any person appointed as an officer for the purposes of this Act:
“Pack” means to enclose in a container for the purpose of storage, distribution, or sale:
“Poison” means any substance declared to be a poison by regulations made under this Act and includes any restricted poison and any prescription poison:
“Poisonous substance” means any substance declared by regulations made under this Act to be a poisonous substance:
“Prescription poison” means any substance declared by regulations made under this Act to be a prescription poison which may be sold by retail only pursuant to a prescription of a medical practitioner, dentist, or veterinary surgeon:
“Registrar” means the Director of the Division of Public Health for the time being appointed under the Health Act 1956:
“Restricted poison” means any substance declared by regulations made under this Act to be a restricted poison:
“Sale” includes barter; and also includes offering or attempting to sell or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered or exposed for sale; and also includes any disposal to which section three of this Act applies; and “to sell”
has a corresponding meaning:
“Sale by wholesale”, in relation to the sale of any poison or any poisonous substance, means sale for the purposes of resale, whether in an unaltered state or otherwise, but does not include sale for extended purposes:
“Sale for extended purposes”, in relation to the sale of any poison or any poisonous substance, means sale for use in any scientific, educational, or commercial laboratory, or for use in any process of manufacture or trade not involving the resale of any poison or poisonous substance, but does not include sale for use in agriculture or horticulture or for the destruction of animal or insect pests:
“Toxic substance” means any substance, including any drug, which when swallowed, inhaled, injected into, or otherwise absorbed by the human body is likely to destroy life or is likely to be injurious to health; and includes any acaricide, insecticide, fungicide, larvicide, nematicide, pesticide, and herbicide; but does not include any substance which is a dangerous drug within the meaning of the Dangerous Drugs Act 1927, or any radioactive substance within the meaning of the Radioactive Substances Act 1949:
“Veterinary surgeon” means a person for the time being registered as a veterinary surgeon under the Veterinary Surgeons Act 1956, and includes a person authorised under subsection two of section thirty-three of that Act to continue to use the title or description of “veterinary practitioner”
in connection with his business.
(2)
For the purposes of this Act, every person shall be deemed to sell any poison or poisonous substance or toxic substance who sells the same either on his own account or as the agent or servant of any other person or body corporate.
(3)
For the purposes of this Act, a person shall not be deemed to sell any poison or poisonous substance or toxic substance if that substance is sold on his behalf by a person duly authorised under this Act to sell that substance and that person complies with the provisions of this Act.
(4)
For the purposes of this Act, a person shall not be deemed to be in possession of any poison or poisonous substance if that substance is in the custody and under the control of an employee of that person and that employee is duly authorised under this Act to sell it or be in possession of it.
(5)
For the purposes of this Act, any person who sells any poison or poisonous substance while working under the supervision and control of the holder of a licence for the time being in force under this Act shall be deemed to be the agent or servant of the holder of the licence, and in any such case the holder of the licence shall be deemed to be the principal or employer of that person.
Compare: 1934, No. 18, s. 2; S.R. 1952/45, regs. 1(5), 2(1)
3 Application of Act to disposal of poisons by way of gift, etc.
(1)
The provisions of this Act relating to the sale of any poison or poisonous substance shall, unless the context otherwise requires, apply to the disposal of any poison or poisonous substance by way of gift, loan, or otherwise.
(2)
For the purposes of this section, the term “gift”
includes the giving or distribution of any poison, in the course of business, without charge or as a sample.
Compare: S.R. 1952/45, reg. 1(6)
4 Power to declare substances to be poisons, etc.
(1)
For the purposes of this Act, but subject to the provisions of subsection two of this section, the Governor-General may from time to time, by Order in Council, declare any substance—
(a)
To be a poison, or a restricted poison, or a prescription poison, or any two or more of those things; or
(b)
To be a poisonous substance.
(2)
A substance shall be declared to be a prescription poison under subsection one of this section only on the recommendation of the Minister after consultation by him with the Poisons Committee appointed under this Act.
(3)
Any Order under this section may relate to any substance specified by its name or trade name, or to any class of substances identified by a description of that class; and any such substance or class may be identified in the Order by reference to its registration under any enactment, or to its pharmacological action, or to its use or the purpose for which it is used or intended to be used.
(4)
Any Order under this section may specify the circumstances in which any substance is or is not to be a poison, or a restricted poison, or a prescription poison, or any two or more of those things, or a poisonous substance.
Compare: 1934, No. 18, s. 3; 1952, No. 28, s. 2
5 Advisory and technical committees
(1)
Subject to the provisions of section six of this Act, the Minister may from time to time appoint such advisory or technical committees as he thinks fit to advise him for any of the purposes of this Act, and may from time to time determine the functions of any such committee.
(2)
There may be paid out of money appropriated by Parliament for the purpose to the members of any committee appointed under this section remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the committee were a statutory Board within the meaning of that Act.
(3)
Subject to the provisions of this Act and of any regulations made under this Act, every such committee may regulate its own procedure.
6 Poisons Committee
(1)
There shall be appointed under section five of this Act an advisory committee to be called the Poisons Committee, whose duty it shall be to consult with the Minister before any substance is declared to be a prescription poison under subsection one of section four of this Act, and to consider the regulations which it is proposed to make under paragraph (m) or paragraph (n) of subsection two of section fifty-three of this Act and to consult with the Minister thereon.
(2)
The Committee may also consider such other matters in relation to any of the purposes of this Act as may from time to time be referred to it by the Minister.
(3)
The Committee shall consist of—
(a)
Two persons, to be nominated by the New Zealand Branch of the British Medical Association:
(b)
Two persons, to be nominated by the Pharmacy Board of New Zealand:
(c)
Three persons, being officers of the Department of Health, one of whom shall be appointed as Chairman.
(4)
The members of the Committee shall hold office—
(a)
In the case of any member appointed under paragraph (c)of subsection three of this section, during the pleasure of the Minister:
(b)
In the case of any other member, for a term of three years, subject to the provisions of subsection five of this section, but any such member may from time to time be reappointed.
(5)
Any member of the Committee may at any time be removed from office by the Minister for disability, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Minister, or may at any time resign his office by writing addressed to the Minister.
(6)
If any member of the Committee dies, or resigns, or is removed from office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made, and in the case of a vacancy in the office of a nominated member every person so appointed shall be appointed for the residue of the term for which his predecessor was appointed.
(7)
Unless he sooner vacates his office as provided in subsection six of this section, every nominated member of the Committee shall continue in office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired.
(8)
The powers of the Committee shall not be affected by any vacancy in the membership thereof.
(9)
At any meeting of the Committee five members shall form a quorum.
7 Appointment of officers
(1)
There may from time to time be appointed under the Public Service Act 1912 such officers as are required for the purposes of this Act. Every officer of the Department of Health appointed under the Health Act 1956 shall be deemed for the purposes of this Act to be an officer appointed under this subsection.
(2)
The Minister may from time to time appoint any person, not being an officer of the Public Service or of any local authority, as an officer, in a part-time capacity, for the purposes of this Act.
(3)
The Minister may from time to time, pursuant to an arrangement previously made by him with any City Council, Borough Council, County Council, Town Council, or Road Board, appoint any Health Inspector of that local authority as an officer, in a part-time capacity, for the purposes of this Act.
(4)
Any appointment under subsection two or subsection three of this section may be made either generally for the purposes of this Act or for any specified purpose, or for the exercise of any specified power or function of an officer under this Act, or for any specified period; and may be made in respect of New Zealand generally or in respect of any specified part or parts thereof.
(5)
There may be paid out of money appropriated by Parliament for the purpose—
(a)
To any person appointed under subsection two of this section, such remuneration as may be fixed by the Minister with the concurrence of the Minister of Finance:
(b)
To any local authority by whom any Health Inspector appointed under subsection three of this section is employed, such sum or sums in respect of his services as an officer under this Act as may be agreed upon between the Minister and the local authority, with the concurrence of the Minister of Finance.
(6)
No person appointed under subsection two or subsection three of this section shall be deemed by reason of that appointment to be employed in the service of Her Majesty for the purposes of the Public Service Act 1912 or the Superannuation Act 1956.
Part I Sale and Custody of Poisons
8 Sale and packing of poisons and poisonous substances
(1)
No person shall sell any poison unless—
(a)
He is the holder of a licence for the time being in force under this Act authorising him to sell that poison; or
(b)
He is otherwise authorised by or under this Act to sell that poison.
(2)
No person shall pack or label any poison or poisonous substance for the purposes of sale unless—
(a)
He is the holder of a licence for the time being in force under this Act authorising him to pack or label that poison or poisonous substance; or
(b)
He is otherwise authorised by or under this Act to pack or label that poison or poisonous substance.
(3)
No licence or other authority shall be necessary for the sale of any poisonous substance or toxic substance which is not a poison within the meaning of this Act, but every such substance shall otherwise be subject to the provisions of this Act.
Compare: 1934, No. 18, s. 4
9 Sales by automatic vending machine prohibited
No person shall sell any poison or poisonous substance by means of any automatic vending machine.
10 Hawking
(1)
Except as otherwise provided in any regulations made under this Act, no person shall sell or hawk any poison or poisonous substance—
(a)
From house to house; or
(b)
In any public place within the meaning of section forty of the Police Offences Act 1927; or
(c)
In any premises other than his regular business premises—
except pursuant to any authority to do so expressly conferred by a licence held by him under this Act, and in accordance with any conditions or restrictions specified in the licence.
(2)
Nothing in this section shall prevent the sale of any poison or poisonous substance—
(a)
By any medical practitioner or dentist in the practice of his profession and for the treatment of a patient under his care; or
(b)
By any veterinary surgeon in the practice of his profession and for the treatment of an animal under his care.
11 No sale of poison without request
(1)
Except as otherwise provided in any regulations made under this Act, no person shall sell any poison to any other person, except pursuant to an order given or request made by that other person, or to a written prescription signed by a medical practitioner or dentist or veterinary surgeon.
(2)
Nothing in this section shall prevent the sale of any poison—
(a)
By any medical practitioner or dentist in the practice of his profession and for the treatment of a patient under his care; or
(b)
By any veterinary surgeon in the practice of his profession and for the treatment of an animal under his care; or
(c)
By any chemist to a customer in the ordinary course of business with reference to the needs expressed by that customer.
12 Licence or authority to sell poison by wholesale or for extended purposes
(1)
Except as otherwise provided in any regulations made under this Act, no person shall sell any poison by wholesale or for extended purposes unless—
(a)
He is the holder of a wholesaler’s poison licence or a packer’s poison licence for the time being in force under this Act, or is the agent or servant of the holder of such a licence; or
(b)
He is an employee of the Crown or of a local authority and the sale is made in the course of his employment.
(2)
No person being the holder of a wholesaler’s poison licence or a packer’s poison licence, or being the agent or servant of the holder of any such licence, shall—
(a)
Sell any poison except pursuant to the terms of that licence:
(b)
Sell any poison except at the premises specified in that licence, unless it is otherwise provided in the licence:
(c)
Sell any poison except to a person who is licensed or otherwise lawfully entitled to sell that poison, or who is a person to whom that poison may be sold for extended purposes, unless the poison is delivered to an employee of the purchaser and that employee is licensed or otherwise lawfully entitled to sell that poison.
Compare: 1934, No. 18, ss. 5, 9(2)
13 Licence or authority to sell poison by retail
(1)
Except as otherwise provided in any regulations made under this Act, no person shall sell any poison by retail unless he is—
(a)
A chemist, or the agent or servant of a chemist; or
(b)
A medical practitioner; or
(c)
A dentist; or
(d)
A veterinary surgeon; or
(e)
An employee of the Crown or of a local authority, and the sale is made in the course of his employment; or
(f)
The holder of a retailer’s poison licence for the time being in force under this Act, or the agent or servant of the holder of such a licence.
(2)
No chemist shall sell any poison by retail except—
(a)
In premises registered as a pharmacy under the Pharmacy Act 1939; or
(b)
In the case of a chemist employed as a pharmacist in a hospital under the control of a Hospital Board or a licensed hospital within the meaning of Part V of the Hospitals Act 1957 or a licensed institution within the meaning of the Mental Health Act 1911, in the course of his employment as a pharmacist.
(3)
No medical practitioner or dentist shall sell any poison except in the practice of his profession and for the treatment of a patient under his care.
(4)
No veterinary surgeon shall sell any poison except in the practice of his profession and for the treatment of an animal under his care.
(5)
No person being the holder of a retailer’s poison licence shall—
(a)
Sell any poison except pursuant to the terms of that licence:
(b)
Sell any poison except at the premises specified in that licence, unless it is otherwise provided in the licence.
(6)
No agent or servant entitled to sell poison under this section shall sell any poison unless that poison—
(a)
Is one that his principal or employer is lawfully entitled to sell; and
(b)
Is one that the agent or servant is authorised to sell by regulations made under this Act; and
(c)
Is sold by him under the direct personal supervision of his principal or employer.
Compare: 1934, No. 18, s. 6
14 Licence or authority to pack poisons or poisonous substances
(1)
Except as otherwise provided in any regulations made under this Act, no person shall pack or label any poison or poisonous substance for the purposes of sale unless he is, or is working under the direct personal supervision of,—
(a)
A chemist; or
(b)
A medical practitioner; or
(c)
A dentist; or
(d)
A veterinary surgeon; or
(e)
An employee of the Crown or of a local authority, acting in the course of his employment; or
(f)
The holder of a packer’s poison licence for the time being in force under this Act.
(2)
No person being the holder of a packer’s poison licence shall pack or label, or cause or permit to be packed or labelled, any poison or poisonous substance for the purposes of sale unless—
(a)
The poison or poisonous substance is one that is named or described in his licence; and
(b)
The packing or labelling is done in the premises, or the part of the premises, specified in his licence.
15 Applications for licences
(1)
Every application for a wholesaler’s poison licence, a retailer’s poison licence, or a packer’s poison licence shall be made in the prescribed form to the District Registrar for the health district in which the premises which the applicant proposes to use are situated, and shall contain the prescribed particulars and information, and shall be accompanied by the prescribed fee.
(2)
No application for any such licence shall be made by any person who is under the age of twenty-one years.
(3)
Any application for a licence for the period ending with the thirty-first day of March, nineteen hundred and sixty-two, may be made and dealt with in accordance with this Act at any time after the thirty-first day of January, nineteen hundred and sixty-one, but no licence issued as a result of an application so made shall take effect, or be expressed to take effect, before the commencement of this Act.
Compare: 1934, No. 18, s. 7
16 Grant of licences
(1)
On receiving an application for a licence under this Act, the District Registrar shall issue a licence to the applicant if he is satisfied in respect of all the following matters:
(a)
That the requirements of section fifteen of this Act have been complied with:
(b)
That the applicant is a fit and proper person to hold the licence applied for:
(c)
That the applicant is not subject to any disqualification under section twenty-one of this Act:
(d)
That the applicant has a sufficient knowledge of his obligations under this Act:
(e)
That the premises and equipment which the applicant proposes to use are suitable and adequate for the storage, packing, and handling of the poisons or poisonous substances in which it is proposed to deal.
(2)
Every such licence shall be in the prescribed form and shall be subject to such conditions, if any, as may be imposed pursuant to regulations made under this Act.
Compare: 1934, No. 18, s. 8
17 Effect of licences
(1)
A wholesaler’s poison licence shall authorise the licensee to sell by wholesale or for extended purposes in accordance with the terms of the licence, but not otherwise, and either in person or by his agent or servant, any poison specified in the licence or poisons of any class so specified.
(2)
A retailer’s poison licence shall authorise the licensee to sell by retail in accordance with the terms of the licence, but not otherwise, and either in person or by his agent or servant, any poison specified in the licence or poisons of any class so specified.
(3)
A packer’s poison licence shall authorise the licensee to pack and label, and to sell by wholesale, in accordance with the terms of the licence and at the premises specified in the licence or at any part of any premises so specified, and either in person or by his agent or servant working under his direct personal supervision, any poison or poisonous substance specified in the licence, or poisons or poisonous substances of any class so specified.
Compare: 1934, No. 18, s. 9(2)–(4); 1952, No. 28, s. 3
18 Duration of licence
Every licence under this Act shall, unless sooner terminated under this Act, continue in force until the close of the thirty-first day of March next following the date on which it was issued, and shall then expire:
Provided that—
(a)
Any licence issued at any time during the months of February and March in any year shall continue in force until the close of the thirty-first day of March in the next ensuing year:
(b)
Where at any time during the months of January and February in any year any licensee applies for a fresh licence for a further period of twelve months from the expiry of his existing licence, and the application is not disposed of before the existing licence is due to expire, the existing licence shall continue in force until the application is disposed of.
Compare: 1934, No. 18, ss. 9(1), 11
19 Display of licence
Every licensee shall cause his current licence to be permanently exhibited in some conspicuous place where it can be readily seen by all persons having access to the premises to which the licence relates.
20 Registers
(1)
The Registrar and every District Registrar shall keep at his office a register of the licences issued by him under this Act, and such other registers and records as may be prescribed.
(2)
The contents of any such register may be evidenced in any proceedings by a certificate under the hand of the Registrar, or under the hand of a District Registrar in the case of any register kept by him. Every such certificate shall be sufficient evidence, until the contrary is proved, of the matters stated therein.
(3)
A certificate under the hand of the Registrar or the District Registrar that on a date specified in the certificate the name of any person did not appear in any register as a licensee or as the holder of any permit or authority granted under any regulations made under this Act, or that on the specified date any other particulars stated in the certificate did not appear in any register, shall be sufficient evidence, until the contrary is proved, of the facts stated in the certificate.
(4)
Any person may have access to any register of licences for the purposes of inspection during the hours and upon the days appointed by regulations made under this Act.
Compare: 1934, No. 18, s. 12
21 Suspension or cancellation of licence, etc.
(1)
Where any person holding any licence, permit, or authority granted under this Act or under any regulations made under this Act is convicted of any offence against this Act or against any such regulations, the Court—
(a)
May, if it thinks fit, order that the licence, permit, or authority be suspended for such time as the Court orders, or that it be cancelled, and may also, if it thinks fit, declare that person to be disqualified to hold any such licence, permit, or authority for such time as the Court orders; and
(b)
Shall cause particulars of the conviction, and of any order made under this subsection, to be endorsed on the licence, permit, or document of authority, and shall cause a copy of those particulars to be sent to the District Registrar, who shall thereupon note the same on the appropriate register.
(2)
Any licence or other document required by the Court for endorsement under this section shall be produced, in such manner and within such time as the Court directs, by the person by whom it is held.
(3)
Every person commits an offence against this Act who, without reasonable cause, fails to produce any licence or other document required as aforesaid.
Compare: 1934, No. 18, s. 13
22 Containers
(1)
Subject to the provisions of any regulations made under this Act, no person shall, in the course of any business, pack, store, sell, or cause to be transported any poison or poisonous substance unless it is in a container that—
(a)
Is impervious to the poison or poisonous substance; and
(b)
Is so constructed that it can be readily and effectively resealed after any portion of the contents has been used; and
(c)
Is of the prescribed character or type; and
(d)
Is labelled in the prescribed manner.
(2)
Notwithstanding anything in paragraph (b) of subsection one of this section, where the container bears a label with directions to the effect that the whole of the contents must be used immediately on opening, and the quantity and nature of the contents are such that it is unlikely that less than the whole of the contents will be used on any one occasion, the container need not be of a type that can be readily and effectively resealed.
Compare: 1934, No. 18, ss. 15,16
23 Records of sales
(1)
Subject to the provisions of any regulations made under this Act, every person who sells any poison shall keep, in some place of security at his place of business, such records as may be prescribed; and shall keep every such record for a period of not less than three years from the date of the making thereof, or, in the case of a book containing more than one such record, from the date of the last entry in that book.
(2)
Every person who sells any poison shall at all times permit any officer, or any member of the Police, to inspect and make copies of any such record, and shall at all times on demand afford to any officer or to any member of the Police all further information in his possession with respect to any dealings by him relating to poisons or poisonous substances.
(3)
Every person commits an offence against this Act who contravenes or fails to complain any respect with any of the provisions of this section, or who obstructs or hinders any such inspection as aforesaid.
Compare: 1934, No. 18, ss. 18,19, 20,21
Possession of Poisons and Poisonous Substances
24 Custody of poisons and poisonous substances
(1)
Every person commits an offence against this Act who has any poison or poisonous substance in his charge or possession (whether for the purposes of sale or otherwise howsoever) otherwise than in a container conforming to the relevant requirements of this Act and of any regulations made under this Act.
(2)
It shall be a defence to a charge of an offence against this section if the person charged proves that at the time of the alleged offence the poison or poisonous substance was in the container in which he acquired it, and that the container bore the label borne on it when it was acquired, or that at the time of the alleged offence the poison or poisonous substance had been necessarily removed from its container for the effective and lawful use of that poison or poisonous substance.
Compare: 1934, No. 18, s. 22; S.R. 1952/45, reg. 6(7)
25 Storage of poisons and poisonous substances
(1)
No person in possession or charge of any poison or poisonous substance shall put it in any cupboard, box, shelf, or other place of storage in which articles of food or drink are stored or kept for ready use, or in any place to which young children or unauthorised persons have ready access.
(2)
No person shall pack any poison or poisonous substance, or prepare it for use, in any room, or on any table or bench, that is used for the purpose of packing, preparing, or consuming any food or drink.
Compare: S.R. 1952/45, reg. 6(8)
26 Restriction on possession of certain poisons
(1)
No person shall be in possession of any prescription poison or any restricted poison, knowing it to be such a poison, unless he is—
(a)
A person licensed or otherwise authorised under this Act or any regulations made under this Act to sell it or to be in possession of it for the purposes of any business or for any prescribed purpose; or
(b)
A carrier within the meaning of Part II of this Act or an employee of any such carrier, and is in possession of it in the ordinary course of the business of that carrier; or
(c)
A person to whom the poison, being a prescription poison, has been lawfully supplied for his use, or for use by any other person, as a patient under the care of a medical practitioner; or
(d)
A person to whom the poison, being a prescription poison, has been lawfully supplied for administration to any animal under the care of a veterinary surgeon; or
(e)
A person who has possession of any prescription poison only for the purpose of administering it to the person or animal for whom it has been prescribed; or
(f)
A person who has lawfully purchased or procured the poison, being a restricted poison, from a person licensed or otherwise authorised under this Act to sell it.
(2)
In any proceedings under this section against any person in which it is proved that he had in his possession any prescription poison or any restricted poison, the onus of proving that he did not know that it was a prescription poison or a restricted poison, or that he was in possession of it in accordance with any of the provisions of paragraphs (a) to (f) of subsection one of this section, shall lie on the person charged.
Toxic Substances
27 Information to be furnished concerning toxic substances
(1)
Subject to the provisions of any regulations made under this Act, every person who intends to import or manufacture or prepare any toxic substance which has not previously been either imported into or manufactured or prepared in New Zealand shall, before so importing or manufacturing or preparing it, notify the Registrar in writing of his intention.
(2)
In addition to any such notification that person shall furnish to the Registrar the following particulars, namely:
(a)
The nature and toxicity of the substance:
(b)
The purpose for which it is intended to be used:
(c)
The method of distribution and use:
(d)
Such other particulars as the Registrar may require.
(3)
It shall not be necessary to comply with subsections one and two of this section in respect of any toxic substance while it is registered or provisionally registered as an agricultural chemical under the Agricultural Chemicals Act 1959 or as a stock remedy under the Stock Remedies Act 1934, or while any application for its registration, or for the renewal of its registration, as an agricultural chemical or as a stock remedy is being dealt with under the relevant Act.
(4)
The Registrar may from time to time require any importer, proprietor, or seller of any toxic substance to furnish in respect of that substance any of the particulars specified in subsection two of this section, together with such information as he has in his possession as to the date of any sale of that substance which has taken place within the preceding three years, the quantity so sold, and the names and addresses of the persons to whom it has been sold.
(5)
All information given pursuant to this section shall, if the person giving it so requests, be treated by the Registrar as confidential, and shall not be disclosed by him or by any other person except for the purposes of the administration of this Act or for the purposes of any investigation or proceedings in respect of any alleged offence.
28 Power of Minister to prohibit importation, sale, or use of toxic substances
The Minister may from time to time, by notice in the Gazette, prohibit the importation, manufacture, sale, possession, or use of any specified toxic substance, either absolutely or subject to such conditions as he thinks fit, for any specified period not exceeding one year:
Provided that this power shall not be exercised more than once in respect of any substance so specified.
General Provisions
29 Control of advertisements
(1)
This section applies to—
(a)
Any substance being a poison or a poisonous substance or a toxic substance:
(b)
Any preparation containing any poison or poisonous substance or toxic substance.
(2)
Every person commits an offence against this Act who, being the seller of any substance or preparation to which this section applies, or being the agent or servant of the seller, publishes or causes or permits to be published any advertisement relating, or calculated or likely to cause any other person to believe that it relates, to that substance or preparation, if the advertisement—
(a)
Fails to make any statement required by regulations made under this Act to be made in any advertisement in respect of that substance or preparation; or
(b)
Makes any statement prohibited by any such regulations; or
(c)
Directly or by implication qualifies or is contrary to any particulars required by any such regulations to be included in any advertisement or to be included in any label borne on the substance or preparation; or
(d)
Directly or by implication states or suggests that the substance or preparation is not poisonous or is harmless.
30 Power of entry, inspection, and segregation
(1)
In this section, the term “officer”
means any officer under this Act or any member of the Police.
(2)
Subject in the case of a dwellinghouse to the provisions of subsection seven of this section, any officer may at all reasonable times enter into and inspect any premises, land, vessel, aircraft, vehicle, or place where he has reasonable ground for believing that there is any substance that is a poison or a poisonous substance or a toxic substance:
Provided that, subject to Part IV of the Health Act 1956, no officer shall enter into or inspect any vessel or aircraft on its arrival in New Zealand from overseas until it has been cleared by an officer of Customs, except at the request of an officer of Customs.
(3)
Any officer may mark, seal, or otherwise secure, or impound,—
(a)
Any poison or poisonous substance kept for sale, or for packing for the purposes of sale, on any premises in respect of which no licence for the sale or packing of that poison or substance is in force:
(b)
Any poison or poisonous substance or toxic substance the packing or labelling of which does not in his opinion conform to the requirements of this Act or of any regulations made under this Act:
(c)
Any poison or poisonous substance or toxic substance the container of which is damaged, if in his opinion there is a risk of leakage of the contents of the container:
(d)
Any foodstuff or stock food, or any article whatsoever, if he has reason to suspect that it is or may be contaminated by any poison or poisonous substance or toxic substance:
Provided that no officer shall exercise any of his powers under this subsection in any case to which section thirty-six of this Act applies except at the request of an officer of Customs.
(4)
Where any thing is marked, sealed, secured, or impounded by any officer under this section, that officer or the District Registrar shall, as soon as practicable, take or cause to be taken all reasonable measures to have that thing removed to a place of security, or properly packed and labelled, or cleansed or decontaminated, or destroyed, as the circumstances of the case may require:
Provided that, unless in the opinion of the officer or the District Registrar the destruction of the thing is urgently necessary for the protection of the health of the public or of persons likely to be exposed to contamination, it shall not be destroyed until—
(a)
In the case of an application being made to a Magistrate’s Court under section thirty-two of this Act, the Court has made an order for its destruction; or
(b)
The time for making such an application has expired without an application being made.
(5)
Subject to any order made by a Magistrate’s Court under section thirty-two of this Act, the reasonable costs and expenses incurred in the packing, labelling, cleansing, decontamination, or destruction of any thing under subsection four of this section shall be recoverable from the owner thereof as a debt due to the Crown. Nothing in this subsection shall affect any right of action that the owner may have against any other person.
(6)
Subject to any such order as aforesaid, every person commits an offence against this Act who, without the authority of any officer or of the Registrar or any District Registrar, removes or interferes with any thing that has been marked, sealed, secured, or impounded under this section.
(7)
Unless he has reasonable ground for believing that imminent danger to the public or to any person exists, an officer shall not enter any dwellinghouse under the powers conferred by subsection two of this section, except pursuant to a warrant by a Justice issued under subsection eight of this section.
(8)
Where any Justice is satisfied, on an application in writing made on oath, that there is reasonable ground for suspecting that any breach of this Act or of any regulations made under this Act has been or is being committed, or that preparation has been made to commit such a breach, within any dwellinghouse, the Justice may, by warrant under his hand, authorise an officer named in the warrant together with any constable to enter and search the dwellinghouse, if necessary by force, at such time or times in the day or night as are mentioned in the warrant. Every such warrant shall continue in force until the purpose for which it was granted has been satisfied.
(9)
Where any thing is marked, sealed, secured, or impounded by any officer under this section, that officer or the District Registrar shall forthwith give notice in writing of the action that has been taken to the owner, or to the consignor or consignee, or to the agent of the owner, of the thing in question if his name and address are attached thereto or are otherwise known to, or can be readily ascertained by, the officer or District Registrar and the address is that of a place in New Zealand.
31 Powers in respect of contaminated premises, etc
(1)
Any officer within the meaning of section thirty of this Act may mark, seal, or otherwise secure any land or premises, or any vessel, aircraft, or vehicle, or any part of any premises, vessel, aircraft, or vehicle, if he has reason to suspect that it may have been contaminated by any poison or poisonous substance or toxic substance.
(2)
In any such case, that officer or the District Registrar shall, as soon as practicable, take or cause to be taken all reasonable measures to have the land, premises, vessel, aircraft, or vehicle, or such part as aforesaid, decontaminated or cleansed, as the circumstances of the case may require.
(3)
Subject to any order made by a Magistrate’s Court under section thirty-two of this Act, the reasonable costs and expenses incurred in such decontamination or cleansing as aforesaid shall be recoverable from the owner of the land, premises, vessel, aircraft, or vehicle as a debt due to the Crown. Nothing in this subsection shall affect any right of action that the owner may have against any other person.
(4)
Subject as aforesaid, every person commits an offence against this Act who, without the authority of any such officer or of the Registrar or any District Registrar, enters into or upon any land, premises, vessel, aircraft, vehicle, or part thereof that has been marked, sealed, or secured under this section:
Provided that it shall be a defence to a charge under this section if the person charged proves that the entry was urgently necessary by reason of an emergency.
(5)
Where any land, premises, vessel, aircraft, or vehicle, or any part of any premises, vessel, aircraft, or vehicle is marked, sealed, secured, or impounded by any officer under this section, the officer or the District Registrar shall forthwith give notice in writing of the action that has been taken to the owner of the land, premises, vessel, aircraft, or vehicle if his name and address or that of his agent are known to, or can be readily ascertained by, the officer or the District Registrar and the address is that of a place in New Zealand.
32 Magistrate’s Court may order return of property or compensation
(1)
Any person claiming any estate or interest in any real or personal property marked, sealed, secured, or impounded under section thirty or section thirty-one of this Act may, within fourteen days thereafter, apply to a Magistrate’s Court for an order—
(a)
That the property shall be returned or otherwise made available to him, or that he shall have access to it for any purpose:
(b)
Where he has suffered any loss or damage as a result of the cleansing, decontamination, or destruction of the property, that he shall be paid, in accordance with this section, such sum by way of compensation for that loss or damage as the Court thinks fit:
(c)
That the applicant, being the owner of the property, shall be relieved from liability for the payment of the whole or any part of any costs and expenses for which he would otherwise be liable under either of the said sections.
(2)
On any such application, the Court may make such order as it thinks fit, and any such order may be made upon and subject to such terms and conditions as the Court thinks fit:
Provided that no order for the payment of compensation under this section in respect of any such loss or damage as aforesaid shall be made in any case where the Court is satisfied that the cleansing, decontamination, or destruction from which the loss or damage resulted was necessary for the protection of the health of the public or of persons likely to be exposed to contamination.
(3)
Where the Court makes an order for the payment of any sum by way of compensation to any person under this section, the sum so awarded shall be recoverable by that person as a debt due from the Crown.
(4)
Every application to the Court under this section shall be made and dealt with by way of originating application, on notice, under the rules of procedure for the time being in force under the Magistrates’ Courts Act 1947, and the provisions of those rules shall apply accordingly.
(5)
Every order made by the Court under this section shall be final and binding on all parties.
33 Procuring of samples
(1)
On payment or tender to any person selling or making or packing, or using in any manufacturing, industrial, or other process, any substance, being a poison or a poisonous substance or a toxic substance, or to his agent or servant, of the current market value of the samples referred to in this section, any officer may at any place demand and select and take or obtain samples of that substance.
(2)
The officer may require any such person, or his agent or servant, to show and permit the inspection of the container in which the substance is at the time kept, and to take therefrom the sample demanded, and to copy therefrom particulars of the labelling.
(3)
Where any such substance is kept for retail sale in an unopened container, no person shall be required by any officer to sell less than the whole of the contents of the container.
(4)
Every person commits an offence against this Act who refuses or neglects to comply with any demand or requisition made by an officer pursuant to this section, unless he proves that he had no knowledge or reason to believe that the sample demanded was required for the purposes of this Act.
(5)
For the purposes of this section, every person who is in possession of any such substance as aforesaid which in the opinion of the officer is intended for sale shall, until the contrary is proved, be deemed to be the seller thereof or, as the case may be, the agent or servant of the seller.
(6)
Where any poison or poisonous substance or toxic substance is also a drug, the officer shall in proculing a sample under this section, if it is required for the purposes of analysis, follow the procedure laid down in subsections one to four of section sixteen of the Food and Drugs Act 1947, and subsections three and four of section seventeen and sections nineteen and twenty of that Act shall apply for the purposes of this Act as if the sample had been taken under that Act.
Part II Importation and Carriage of Poisons
34 Interpretation
In this Part of this Act—
“Aerodrome” has the same meaning as in the Civil Aviation Act 1948:
“Carrier” includes every person engaged in carrying goods for hire or reward by any means, and whether by land, water, or air:
“Minister” means the Minister of Customs:
“Officer of Customs” means any person employed in the service of the Customs:
“Ship” means any vessel used in navigation and not propelled by oars:
“Warehouse owner” includes every person owning, managing, or controlling any warehouse, store, wharf, quay, aerodrome, or other place or premises in or on which goods are deposited.
Compare: 1934, No. 18, s. 23
35 Packing of imported poisons, etc.
(1)
Every poison or poisonous substance imported into New Zealand by any person shall be strongly and securely packed to the satisfaction of the Minister or in the prescribed manner.
(2)
The obligation to comply with the requirements of this section shall lie on the person importing or causing to be imported that poison or poisonous substance.
Compare: 1934, No. 18, s. 24
36 Ships or aircraft arriving with certain poisons on board
(1)
This section applies only to such poisons or poisonous substances as may for the time being be prescribed in that behalf by regulations made under this Act.
(2)
When any ship or aircraft arrives in New Zealand having on board any poison or poisonous substance to which this section applies, the following provisions shall apply—
(a)
It shall be the duty of the master of the ship or the pilot in command of the aircraft, when reporting her arrival to the Customs as required by law, to inform the Collector at the port or place of arrival in writing how many and what containers of any such poison or poisonous substance are on board, and the place or position in which they are stowed:
(b)
It shall not be lawful for the master or pilot or any person to remove any such container from the ship or aircraft until an officer of Customs has viewed and examined the container in the position where it is stowed:
(c)
That officer may inspect every such container, and for that purpose, if any such container is contained in any other case or covering of any kind, he may require the case or covering to be opened:
(d)
If on such inspection it appears to the officer that any container has not been stowed apart from goods of any kind suitable for the food of man or animals, and that by reason thereof or of breakage or leakage or from any other cause there is reasonable ground in his judgment, or in that of any skilled person whom he calls to his assistance, for believing that in any manner whatsoever the contents of any such container may have become mixed with or may have contaminated or injuriously affected any such goods, he shall refuse to allow such goods to be landed or shall allow them to be landed only for the purpose of being reshipped, destroyed, or otherwise disposed of:
(e)
For the purposes of this section every officer of Customs shall have and may exercise all such powers and authorities as he might exercise under the provisions of the Customs Act 1913 in respect of goods imported into New Zealand from beyond the seas.
(3)
If the master or pilot or any other person commits or allows to be committed any breach of this section, he shall be deemed to have committed an offence against this Act.
Compare: 1934, No. 18, s. 25
37 Valuation and forfeiture of goods not allowed to be landed
(1)
The Minister may direct such steps as he thinks fit to be taken for the valuation of any goods which, under section thirty-six of this Act, are not allowed to be landed or are allowed to be landed only for the purpose of being reshipped, destroyed, or otherwise disposed of; and the value so ascertained together with all costs and expenses of the valuation, including the cost of the assistance of any skilled person, shall be recoverable as a debt jointly and severally due to the Crown by the master or pilot and owners of the ship or aircraft.
(2)
All such goods shall be forfeited to Her Majesty the Queen, and may be disposed of in such manner as the Minister directs, whether any person is liable to be convicted of an offence against this Act or not.
(3)
The value of such goods, if and when ascertained and recovered as hereinbefore provided, shall be paid to the owner of the goods or other person lawfully entitled thereto out of money appropriated by Parliament for the purpose.
Compare: 1934, No. 18, s. 26
38 Sending or carrying poison under false description
Every person commits an offence against this Act who knowingly sends or attempts to send by or carries or attempts to carry in any ship or aircraft, or sends or delivers to any warehouse owner or carrier, any poison or poisonous substance under a false description, or falsely describes the sender or carrier thereof, or who knowingly causes or assists in the commission of any such act.
Compare: 1934, No. 18, s. 27
Part III Miscellaneous Provisions
39 Notification of poisoning
(1)
Where in any hospital under the control of any Hospital Board any person who is attended by any medical practitioner employed or engaged (whether in an honorary capacity or otherwise) by the Hospital Board is found to be suffering from poisoning, the Medical Superintendent or other medical officer for the time being in charge of the hospital shall forthwith give notice in the prescribed form to the District Registrar.
(2)
Every Registrar of Births and Deaths who in his official capacity becomes aware that any deceased person was affected by poisoning shall forthwith notify the District Registrar of the death and of the fact that the person was so affected.
40 Powers of District Registrar to require information
(1)
If in the opinion of any District Registrar there is reasonable ground for suspecting that any person is in possession of any poison or poisonous substance or toxic substance for the purpose of sale, or for the purpose of manufacturing any preparation for sale, or for use in his trade or calling, in breach of this Act or of any regulations made under this Act, the District Registrar may require that person to produce for his inspection, or to produce to any officer specially authorised by the District Registrar in that behalf, any books or documents dealing with the reception, possession, purchase, sale, or delivery of any such poison, poisonous substance, toxic substance, or preparation.
(2)
The District Registrar may make or cause to be made copies of or extracts from any such books or documents, and the copies or extracts, certified as such by him or by any specially authorised officer, shall be deemed to be true and correct copies or extracts, unless the contrary is proved.
(3)
Every person commits an offence against this Act who refuses or neglects to comply with any requisition made pursuant to this section.
(4)
Every officer commits an offence against this Act who does not maintain the secrecy of all matters which come to his knowledge in the performance of his official duties under this section, or who communicates any such matter to any person, except for the purpose of carrying into effect the provisions of this Act.
41 Statements by Registrar as to poisons, etc.
(1)
The Registrar may, for the purpose of protecting the public, publish statements relating to any poison or poisonous substance or toxic substance, or to any matter contained or implied in advertisements, either generally or in any particular advertisement or class or classes of advertisements, relating to any poison or poisonous substance or toxic substance.
(2)
Every statement published under this section shall be privileged; and nothing in section forty-two of this Act shall be construed to apply in respect thereof.
42 Appeals
(1)
Every person who is directly affected by any decision or requirement of the Registrar or of any District Registrar under this Act or any regulations made under this Act, not being a decision or requirement under section thirty or section thirty-one of this Act, and is dissatisfied with that decision or requirement, may, within twenty-one days after notice of that decision or requirement is given to him, give notice of appeal, in writing, to the Board of Health established under the Health Act 1956.
(2)
The Board of Health shall forthwith appoint a committee, under section eighteen of the Health Act 1956, to hear the appeal. No officer or employee of the Department of Health shall be appointed as a member of that committee.
(3)
The parties to the appeal shall be entitled to be heard either personally or by their solicitors, counsel, or agents.
(4)
For the purpose of hearing the appeal the committee shall be deemed to be a Commission under the Commissions of Inquiry Act 1908, and the provisions of that Act, except sections eleven and twelve (which relate to costs), shall apply as if the hearing of the appeal were an inquiry under that Act:
Provided that the Chairman of any such Commission may exercise all the powers of the Commission in respect of citing parties and summoning witnesses, and may do any other act preliminary or incidental to the hearing or consideration of any matter by the Commission.
(5)
The committee may allow or dismiss any appeal wholly or in part, and may make such modifications in any decision or requirement appealed against as it thinks fit, and may make or impose any new decision or requirement in substitution for or in addition to the one appealed against.
43 Restriction on publication of name of poison used for criminal purpose
(1)
Where any proceedings are taken against any person under section one hundred and twenty-six a of the Health Act 1956, as inserted by section six of the Health Amendment Act 1960, and that person is alleged to have used or intended to use any poison in an attempt to commit suicide, whether or not any order is made under that section, or where any person is charged with committing or attempting to commit or being a party in any manner whatsoever to any crime, within the meaning of the Crimes Act 1908, in the commission of which any poison is alleged to have been used or intended to be used, whether or not the accused is convicted, there shall not be published, in relation to those proceedings or in relation to that charge, in any newspaper at any time before the expiration of a period of five years from the date of the final disposal of those proceedings or that charge—
(a)
The name of that poison; or
(b)
Any particulars that are sufficient to identify that poison.
(2)
If the name of that poison or any such particulars as aforesaid are published in any newspaper in contravention of the provisions of this section, every person who is the printer, publisher, proprietor, manager, or editor of the newspaper shall be guilty of an offence against this Act.
(3)
Nothing in this section shall be construed to limit the provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to any judicial proceedings.
(4)
For the purposes of this section, the term “newspaper”
means any newspaper registered under the Newspapers and Printers Act 1955, or any periodical publication which is published at intervals not exceeding three months; and every document which at any time accompanies and is distributed together with any newspaper shall be deemed to form part of the newspaper:
Provided that for the purposes of this section the term “newspaper”
shall not include any newspaper or periodical publication of a scientific or technical character bona fide intended for circulation among scientists or members of the legal, medical, dental, veterinary, nursing, or pharmaceutical professions.
44 Protection of persons acting under authority of Act
Any person who does any act in pursuance or intended pursuance of any of the provisions of this Act shall not be under any civil or criminal liability in respect thereof, whether on the ground of want of jurisdiction, or mistake of law or fact, or on any other ground, unless he has acted in bad faith or without reasonable care.
45 Obstruction of officers
Every person commits an offence against this Act who wilfully obstructs, hinders, resists, or deceives any other person in the execution of any powers conferred on that other person by or pursuant to this Act.
46 Abetting offence against corresponding law of another country
(1)
Every person commits an offence against this Act who, in New Zealand, aids, incites, counsels, or procures the doing or omission in any place outside New Zealand of any act, if that act or omission—
(a)
Is punishable under the provisions of any law corresponding to this Act and in force in that place; or
(b)
Would if it occurred in New Zealand constitute an offence against this Act.
(2)
It is a defence to a charge under paragraph (b) of subsection one of this section if the person charged proves that the act or omission referred to in that paragraph was not an offence under the law of the place where it occurred or was to occur.
47 Penalty for false statement
(1)
Every person commits an offence against this Act who, for the purpose of obtaining, whether for himself or any other person, the grant of any licence under this Act, or for any other purposes in relation to this Act,—
(a)
Makes any declaration or statement which to his knowledge is false in any particular; or
(b)
Utters, produces, or makes use of any such declaration or statement as aforesaid or any document containing the same; or
(c)
Knowingly utters, produces, or makes use of any document that is not genuine.
(2)
Every person who commits an offence against this section is liable to imprisonment for a term not exceeding three months or to a fine not exceeding two hundred pounds, or to both.
Compare: 1934, No. 18, s. 28
48 Offences generally
Every person commits an offence against this Act who acts in contravention of or fails to comply in any respect with any of the provisions of this Act.
Compare: 1934, No. 18, s. 30
49 General penalty
Every person who commits any offence against this Act for which no penalty is provided elsewhere than in this section is liable to a fine not exceeding two hundred pounds and, if the offence is a continuing one, to a further fine not exceeding five pounds for every day on which the offence has continued.
Compare: 1934, No. 18, s. 30
50 Offences to be punishable on summary conviction
(1)
Every offence against this Act or against any regulations made under this Act shall be punishable on summary conviction.
(2)
Notwithstanding anything in section fourteen of the Summary Proceedings Act 1957, any information in respect of any offence against this Act or against any regulations made under this Act may be laid at any time within four years from the time when the matter of the information arose.
Compare: 1934, No. 18, s. 33
51 Liability of principal for sales by agent, etc.
(1)
Where any person sells or packs or has in his possession for sale or packing any poison or poisonous substance or toxic substance as the agent or servant of any other person, that other person shall be under the same liability as the agent or servant for any offence against this Act committed in respect of such sale, packing, or possession.
(2)
Where any company is convicted of an offence against this Act, every director and every officer concerned in the management of the company shall be guilty of a like offence unless he proves that the offence was committed without his knowledge or consent.
Compare: 1934, No. 18, s. 32
52 Notification of conviction of medical practitioners, etc.
Where any person being a medical practitioner, chemist, dentist, or veterinary surgeon is convicted of any offence against this Act or against any regulations made under this Act, the Court shall cause particulars of the conviction to be sent to the person charged with the duty of keeping the register on which the name of the convicted person appears as a registered medical practitioner, chemist, dentist, or veterinary surgeon, as the case may be.
Compare: 1934, No. 18, s. 14
53 Regulations
(1)
The Governor-General may from time to time, by Order in Council, make such regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act.
(2)
Without limiting the generality of subsection one of this section, it is hereby declared that regulations may be made under this section for all or any of the following purposes:
(a)
Prescribing forms, fees, registers, particulars, notifications, and records for the purposes of this Act; and the method of keeping such registers and records; and prescribing the persons or classes of persons by whom any such records shall be kept or notifications given:
(b)
Prescribing conditions of licences under this Act; and providing for or regulating the custody, production, cancellation, or revocation of licences:
(c)
Prohibiting, restricting, or regulating the sale, distribution, custody, carriage, handling, or use of any poison, poisonous substance, or toxic substance, or of any class thereof; prescribing poisons or poisonous substances, or classes thereof, that may be sold only if registered in accordance with the regulations; and restricting the use of any poison or class of poisons to persons licensed in accordance with the regulations:
(d)
Prohibiting, restricting, or regulating the importation, manufacture, sale, or use of any apparatus intended for use or capable of being used for the handling, application, or dissemination of any poison or poisonous substance or toxic substance or of any class thereof:
(e)
Regulating the packing and labelling of, and the marking of vehicles carrying, poisons or poisonous substances or toxic substances, and prescribing requirements to be complied with in respect of such packing and labelling; and prescribing methods of treatment or disposal of containers that have been used to convey, hold, or store poisons or poisonous substances or toxic substances:
(f)
Providing for the notification of damage to or leakage from containers of poisons or poisonous substances or toxic substances, or of suspected contamination of goods, in the course of transportation by any means:
(g)
Prescribing methods to be used in the colouring of any poison or poisonous substance:
(h)
Restricting and regulating advertisements for poisons or poisonous substances or toxic substances, and statements made in any such advertisement:
(i)
Providing for the safety, health, and welfare of persons handling poisons or poisonous substances or toxic substances; and for that purpose regulating the construction, ventilation, lighting, and sanitation of premises where poisons or poisonous substances or toxic substances are used, prepared, packed, or stored, and requiring the provision of protective clothing, washing facilities, and first-aid and other facilities:
(j)
Prohibiting or restricting the employment of any specified class of persons in any manufacture or process in which any poison or poisonous substance or toxic substance is handled or used, or modifying or limiting the hours of employment of persons or classes of persons engaged in any such manufacture or process:
(k)
Prescribing the poisons and poisonous substances to which section thirty-six of this Act applies:
(l)
Imposing conditions to be complied with by medical practitioners, dentists, and veterinary surgeons in respect of the issue of prescriptions containing poisons or poisonous substances:
(m)
Subject to the provisions of subsection three of this section, prohibiting or restricting the sale or supply of any specified substance or class of substances except pursuant to the order or prescription of a medical practitioner, dentist, or veterinary surgeon:
(n)
Subject to the provisions of subsection three of this section, regulating the dispensing and compounding of poisons and poisonous substances:
(o)
Providing for the obtaining of information in respect of persons addicted or habituated to the use of poisons, and for the prohibition, restriction, or regulation of the supply of poisons to such persons:
(p)
Providing for the exemption of preparations or classes of preparations, either wholly or partly, from any of the provisions of this Act or of the regulations:
(q)
Prescribing fines not exceeding one hundred pounds for the breach of any regulation made under this Act, and, in the case of a continuing breach, not exceeding five pounds for every day on which the breach has continued.
(3)
Regulations under paragraph (m) or paragraph (n) of subsection two of this section shall be made only on the recommendation of the Minister after consultation by him with the Poisons Committee.
(4)
Notwithstanding anything in any regulation made under this Act, it shall be lawful for any person, at any time within twelve months after the date of the gazetting of the regulation, to sell any poison or poisonous substance or toxic substance the sale of which by him is otherwise lawful, if at the said date the poison or poisonous substance or toxic substance was part of the existing stock-in-trade in New Zealand of any person lawfully carrying on business there, and since the said date no act has been done whereby the poison or poisonous substance or toxic substance fails to conform to the regulation. For the purpose of this subsection any goods purchased before the said date for importation into New Zealand shall be deemed to be part of the purchaser’s stock-in-trade in New Zealand.
(5)
In any proceedings for any offence against any regulation in which subsection four hereof is pleaded in defence the burden of proof that the provisions of that subsection are applicable shall lie on the person charged.
Compare: 1934, No. 18, s. 34; 1952, No. 28, ss. 4, 5
54 Special provisions as to regulations
(1)
Any regulations made under this Act may apply generally, or may apply or be applied from time to time by the Minister by notice in the Gazette, within any specified district or subdivision of a district of any local authority, or within any specified part of New Zealand; and any such notice may be revoked or varied at any time in like manner.
(2)
If at any time while any such regulations apply within any specified district or subdivision of a district of any local authority the boundaries of the district or subdivision are altered, the regulations, unless the context thereof or of any such notice as aforesaid otherwise requires, shall thereafter apply within the district or subdivision as so altered.
(3)
The operation of any regulations made under this Act may, if so provided in the regulations, be wholly suspended until they are applied by the Minister by notice pursuant to subsection one of this section.
(4)
So far as the bylaws of any local authority in force in any locality are inconsistent with or repugnant to any regulations under this Act in force in that locality, the bylaws shall be deemed to be subject to the regulations.
(5)
All regulations made under this Act and all Orders in Council made under section four hereof shall be laid before Parliament.
Compare: 1934, No. 18, s. 35
55 Act to bind the Crown
(1)
Except as provided in this section, this Act shall bind the Crown.
(2)
This Act shall not apply to the New Zealand Naval Forces, the New Zealand Army, or the Royal New Zealand Air Force, or the members of any of those forces while they are acting in the course of their duties.
56 Repeals and savings
(1)
The following enactments are hereby repealed, namely—
(a)
The Poisons Act 1934:
(b)
Sections twenty-six and twenty-seven of the Statutes Amendment Act 1950:
(c)
The Poisons Amendment Act 1952:
(d)
Subsections four and five of section fifty-four of the Rabbits Act 1955.
(2)
Section fifty-four of the Rabbits Act 1955 is hereby further amended by repealing subsection three, and substituting the following subsection:
“(3)
Without limiting in any way the general powers cenferred on it by the provisions of subsection one of this section, the Board may, for the purpose of exercising such powers, apply for and be granted a licence under the Arms Act 1958 to deal in ammunition, notwithstanding anything to the contrary in that Act.”
(3)
Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or any thing whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Poisons Act 1960
RSS feed link copied, you can now paste this link into your feed reader.