Poisons
The Poisons (Northern Ireland) Order 1976 establishes the Poisons Board. It is appointed by the Head of the Department, the Poisons Inspector, and members appointed by various bodies, including the Council of the Pharmaceutical Society of Northern Ireland; Faculty of Medicine of the QUB; Department of Agriculture; Royal Institute of Chemistry; and such other persons as the Department deems fit.
The Poisons Board advises the Department on substances to be treated as non-medicinal poisons and other matters referred by the Department. It prepares a list of the substances that are so treated. The list is divided into Part I and Part II. Part I contains those substances that, by virtue of the legislation, are prohibited from being sold except by a person lawfully conducting a retail pharmacy business.
Part II contains such substances that are, under the legislation, prohibited from being sold except by a person lawfully conducting a retail pharmacy business or persons entered on a District Council register.
When distributing between the lists, consideration is given to the desirability of restricting the non-medicinal poisons that are in common use or are likely to come into common use but in such a way that the public has adequate facilities.
The Department may confirm the list, with or without modifications. It shall inform the Board of proposed modifications and provide it with the opportunity to make observations.
A person shall not sell any non-medical poison in Part I unless the sale is conducted under the control of a pharmacist, effected on the sale of a non-medicinal poison, which is a substance included in Part I of a registered pharmacy, or by a person lawfully conducting a retail pharmacy business.
A non-medicinal poison listed in Part II of the Poisons List shall not be sold unless the sale is by a pharmacist, subject to the above conditions, or the person’s name is entered on the District Council register.
The poison must be labelled in a prescribed manner with the name of the poison, prescribed particulars as to the proportion of poison in the total ingredients, the word “poison,” and the name and address of the premises where it is sold. Regulations may modify the above requirements.
A person may not sell non-medicinal poisons included in Part I of the List unless the buyer is either certified in writing in the manner prescribed by the regulations to give a certificate by a person authorised to give a certificate, or known by the seller or by some pharmacist in the employment of the seller at the premises where the sale is effected, to be a person to whom the poison may properly be sold.
The seller of a poison shall not deliver it until they have entered a note in a book, for that purpose, stating, in the prescribed form, the date of sale, name of the purchaser (if applicable), the name and quantity sold, and the stated purposes of the requirement, and the buyer has affixed their signature.
Subject to variations provided by regulations, the legislation does not affect the sale of non-medicinal poisons:
- By way of wholesale dealing
- To be exported outside of Northern Ireland
- To a duly qualified medical practitioner, dentist, veterinary surgeon, practitioner for the purpose of their profession
- For use in connection with a hospital or a similar institution approved by the Department
- By a person in a business, in the course of which poisons are regularly sold either by way of wholesale dealing or for use by purchasers thereof in their trade or business, to a person who requires the same for their trade or business
- To a Government department or a District Council
- To a person or institution concerned with scientific education and research, if purchased for such purposes.
District Councils shall keep a register of persons entitled to sell non-medicinal poisons. An appropriate application must be made in the prescribed form. The council may refuse to register or remove the name of a registered person or premises if they are considered unfit.
The register shall contain details of the premises and the names of the persons entered, as may be subscribed. Fees are payable to the District Council for registration. If any person registered in the District Council’s register is convicted of a criminal offence that, in the opinion of the court, renders them unfit to be registered, the court may require their name to be removed for a specified period, and they may be disqualified from being so registered.
The District Council’s register is to be open for inspection at reasonable times, without a fee. The Department is entitled to take a copy. A person who is registered is not to use any title, emblem, or description to suggest that they may sell any non-medicinal poison other than those for which they are entitled to sell. Breach is an offence subject to summary conviction and a fine not exceeding level 3.
Non-medical poisons may not be sold by automatic vending machines.
The Department, after consulting with or on the recommendation of the Poisons Board, may make regulations in relation to the sale, whether by wholesale or retail, or supply of non-medicinal poisons, storage, transport, and labelling; containers in which they may be sold; mixing of non-medicinal poisons; and books to be kept.
Contravention of the legislation generally is a summary offence subject to a fine up to level 4 on the standard scale, with higher potential fines for repeated offences.
The Department may make regulations prescribing conditions and precautions to be taken in relation to the distribution of non-medical poison free of charge, under the Public Health Act.
District Council officers must comply with the regulations. Willful or negligent failure to carry out or obstruction in the execution of regulation shall constitute an offence subject to summary conviction and a fine up to level 3.
A retailer of methylated spirits shall not sell spirits to a person under the age of eighteen. They shall not sell methylated spirits to any person unknown unless the person is introduced by some person known to the seller. On every sale by retail, there should be affixed to every bottle or vessel, a label bearing the name and address of the seller and the person making the sale.
A person failing to sell in the above manner or making a false statement to such a seller or intending seller for the purpose of procuring a sale is guilty of an offence subject to summary conviction and a fine up to level 3 on the standard scale.
An officer of Customs and Excise or a constable may, at any reasonable times, enter premises in which methylated spirits are sold, or exposed for sale, and require any retailer, agent, or apprentice to produce accounts showing particulars of purchase or sales and stock held.
A person who uses methylated spirits or methylated ether for the purpose of drinking or who wilfully connives with any person to obtain such spirits or ether for the purpose of drinking, shall be guilty of an offence and shall be liable on summary conviction to a fine up to level 3.
Retailers of methylated spirits and methylated ether shall keep accounts, records, and particulars showing such spirits as may be prescribed by regulations. Breach is an offence.
A person shall not supply, sell, or offer for sale methylated ether, other than to a person registered under the Medical Acts or Dentists Act; for use by a hospital or institution; to a wholesale dealer for the purpose of export from Northern Ireland; to a retail dealer for the ordinary course of wholesale dealing; on such terms and conditions, or on such terms and conditions as may be authorised by regulations. A person who breaches the above or other than has possession of methylated ether other than for a purpose for which it may be lawfully purchased, sold, or supplied is guilty of an offence subject on summary conviction up to level 3.
Where a justice of the peace is satisfied that there are reasonable grounds for believing that methylated spirit or ether may be exposed and kept for sale, they may issue a search warrant permitting entry and examination. A constable may seize and remove spirits held where there are reasonable grounds for believing that they are held in breach of the legislation. The spirits and their containers may be forfeited on conviction in breach of the legislation.
Every wholesale dealer in methylated ether must keep particulars of all sales in a form prescribed by regulation.
Where a person is convicted of an offence under the legislation or the distillation legislation, a licence under the Customs and Excise Act for the sale of methylated spirit may be forfeited. The Department may appoint Poisons Inspectors for the purpose of enforcement of the legislation. Poisons Inspectors have authority to examine and inspect and may, at all times, enter registered pharmacies or other licensed premises for the purpose of their functions.