Dangerous Drugs (General Provisions) (Jersey) Order 1966

Jersey R & O 4779

 

Dangerous Drugs (Jersey) Law, 1954.

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DANGEROUS DRUGS (GENERAL PROVISIONS) (JERSEY) ORDER, 1966.

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TABLE OF CONTENTS.

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PART I

CONTROL OF RAW OPIUM ETC

Articles

Application to drugs to which Part I of the Law of 1954 applies                      

1

Supply, procuring and advertising of drugs       ...

2

Possession of drugs                    ...

3

General authority for certain classes of persons to possess and supply drugs             

4

Keeping of register                   

5

PART II

CONTROL OF SUBSTANCES SPECIFIED IN PART I OF THE SCHEDULE TO THE LAW OF 1965

Application to substances specified in Part I of the Schedule to the Law of 1965              

6

Manufacture of drugs                           .

7

Supply, procuring and advertising of drugs and preparations                            ...

8

Possession of drugs and preparations           

9

General authority for certain classes of persons to possess and supply drugs and preparations

10

Prohibition of prescribing                     

11

General authority for authorized sellers of poisons to manufacture preparations and retail drugs and preparations                         

12

Special provisions in respect of owners and masters of ships, farmers and stockowners, and certified midwives                        

13

Form of prescription                           ...

14

Provisions as to supply on prescription          ...

15

Marking of packages and bottles              

16

Keeping of register or other records             

17

PART III

GENERAL

Definition of “drug”                           ...

18

Definition of “possession”                   

19

Supply otherwise than on prescription           ...

20

Withdrawal of authority                   

21

Consignment between places outside the Island

22

Requirements as to registers                

23

Preservation of documents                  

24

Exemption of carriers                      

25

Exemption of agents in transfer of business   

26

Construction of licence or authority            

27

Revocation of licence                      

28

Metric system and imperial system             

29

Interpretation                           

30

Revocation                            

31

Citation and commencement                  ...

32

SCHEDULES

First Schedule

Form of register

Second Schedule

Drugs and preparations to which Part II of this Order applies with certain modifications.

Third Schedule.

Form of certificate.


Dangerous Drugs (Jersey) Law, 1954.

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DANGEROUS DRUGS (GENERAL PROVISIONS) (JERSEY) ORDER, 1966.

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THE PUBLIC HEALTH COMMITTEE, in pursuance of Article 3 of the Dangerous Drugs (Jersey) Law, 1954,1 and Article 9 of that Law2 as amended by Article 3(2) of the Dangerous Drugs (Amendment) (Jersey) Law, 1965,3 hereby orders as follows :  -

PART

CONTROL OF RAW OPIUM ETC

 

APPLICATION TO DRUGS TO WHICH PART I OF THE LAW OF 1954 APPLIES

1.             This Part of this Order shall apply to any drug, resin or preparation, other than extract or tincture of cannabis, to which Part I of the Law of 1954 as amended by the Law of 1965 applies, and in this Part of this Order the expression “drug” means any such drug, resin or preparation as aforesaid.

 

SUPPLY, PROCURING AND ADVERTISING OF DRUGS

2.-(1)  A person shall not supply or procure, or offer to supply or procure, to or for any person, including himself, whether in the Island or elsewhere, or advertise for sale, a drug, unless he is generally authorized, or, under this Article, licensed so to do, nor otherwise than in accordance with the provisions of this Order and, in the case of a person licensed, with the terms and conditions of his licence.

(2)     A person shall not supply or procure, or offer to supply or procure, a drug to or for any person in the Island unless that person is generally authorized, or, under Article 3 of this Order, licensed to be in possession of the drug and the drug is to be supplied or procured in accordance with the provisions of this Order and, in the case of a person licensed, with the terms and conditions of his licence.

 

POSSESSION OF DRUGS

3.             A person shall not be in possession of a drug unless he is generally so authorized or, under this Article, so licensed, nor otherwise than in accordance with the provisions of this Order and, in the case of a person licensed, with the terms and conditions of his licence.

 

GENERAL AUTHORITY FOR CERTAIN CLASSES OF PERSONS TO POSSESS AND SUPPLY DRUGS

4.-(1)  Subject to the provisions of this Order, a person who is –

(a)     a registered medical practitioner ;

(b)     a registered veterinary surgeon ;

(c)     an authorized seller of poisons ;

(d)     a registered pharmacist employed or engaged at a hospital, infirmary, health centre or dispensary wholly or mainly maintained by a public authority out of public funds or by a charity or by voluntary subscriptions and whose duties in that employment include the dispensing or supply of medicines for that or any other such institution ;

(e)     a person in charge of a laboratory used for the purposes of research or instruction and attached to –

(i)      such a hospital or infirmary as aforesaid ;

(ii)     any other institution approved for the purposes of this Article by the Committee ;

(f)      an official analyst ;

(g)     a sampling officer ;

(h)     an inspector within the meaning of Article 28 of the Pharmacy, Poisons and Medicines (Jersey) Law, 1952 ;4

shall be authorized, so far as may be necessary for the practice or exercise of his said profession, function or employment, and in his capacity as a member of his said class, to be in possession of and to supply drugs.

(2)     Every drug in the actual custody of a person authorized by virtue of this Article to be in possession thereof shall, except when the necessities of the practice of the profession, function or employment by virtue of which that person is authorized as aforesaid otherwise require, be kept in a locked receptacle which can be opened only by him or by some other person authorized by virtue of this Article to be in possession of the drug.

 

KEEPING OF REGISTER

5.             Every person generally authorized, or licensed, to supply any drugs shall comply with the following provisions, that is to say –

(a)     he shall, in accordance with the provisions of this Article and Article 23 of this Order, keep a register and enter therein in chronological sequence in the form specified in, as the case may be, Part I or Part II of the First Schedule to this Order, true particulars with respect to every quantity of any drug obtained by him and with respect to every quantity of any drug supplied by him whether to persons within or to persons outside the Island ;

(b)     he shall use a separate register or separate part of the register with respect to each of the following classes of drugs, that is to say –

(i)      raw opium ;

(ii)     coca leaves ;

(iii)    cannabis and cannabis resin and all preparations (other than extract and tincture of cannabis) of which cannabis resin forms the base.

PART I

CONTROL OF SUBSTANCES SPECIFIED IN PART I OF THE SCHEDULE TO THE LAW OF 1965

 

APPLICATION TO SUBSTANCES SPECIFIED IN PART I OF THE SCHEDULE TO THE LAW OF 1965

6.-(1)  This Part of this Order shall apply to any substance for the time being specified in Part I of the Schedule to the Law of 1965.

(2)     In the following provisions of this Part of this Order, the expression “drug” means any substance to which this Part of this Order applies other than a preparation as defined for the purpose of this Part of this Order in paragraph (3) of this Article.

(3)     In this Part of this Order, the expression “preparation” means any preparation, admixture, extract or other substance containing any proportion of a substance to which this Part of this Order applies.

 

MANUFACTURE OF DRUGS

7.             A person shall not manufacture, or carry on any process in the manufacture of, a drug –

(a)     unless he is generally authorized, or licensed under this Article, so to do ;

(b)     except on premises on which he is permitted by his general authority so to do, or on premises licensed for the purpose under this Article ; nor

(c)     otherwise than in accordance with the provisions of this Order and, in the case of a person licensed, with the terms and conditions of his licence.

 

SUPPLY, PROCURING AND ADVERTISING OF DRUGS AND PREPARATIONS

8.-(1)  A person shall not supply or procure, or offer to supply or procure, to or for any person, including himself, whether in the Island or elsewhere, or advertise for sale, a drug or preparation, unless he is generally authorized, or, under this Article, licensed so to do, nor otherwise than in accordance with the provisions of this Order and, in the case of a person licensed, with the terms and conditions of his licence.

(2)     A person shall not supply or procure, or offer to supply or procure, a drug or preparation to or for any person in the Island unless that person is generally authorized, or, under Article 9 of this Order, licensed to be in possession of the drug or preparation and the drug or preparation is to be supplied or procured in accordance with the provisions of this Order and, in the case of a person licensed, with the terms and conditions of his licence :

Provided that for the purposes of this paragraph the administration of a drug or preparation –

(a)     by or under the direct personal supervision and in the presence of, a registered medical practitioner ;

(b)     by or under the direct personal supervision and in the presence of, a registered dentist in the course of dental treatment ;

(c)     by a certified midwife under and in accordance with paragraph (3) of Article 13 of this Order ; or

(d)     by a sister or acting sister for the time being in charge of a ward, theatre or other department in a hospital or infirmary wholly or mainly maintained by a public authority out of public funds or by a charity or by voluntary subscriptions acting on the instructions of a registered medical practitioner to a patient of that ward, theatre or department ;

shall be deemed not to be the supplying of the drug or preparation.

 

POSSESSION OF DRUGS AND PREPARATIONS

9.-(1)  A person shall not be in possession of a drug or preparation unless he is generally so authorized, or under this Article, so licensed, nor otherwise than in accordance with the provisions of this Order and, in the case of a person licensed, with the terms and conditions of his licence.

(2)     For the purposes of this Order –

(a)     a person to whom a drug or preparation is lawfully supplied by a registered medical practitioner or registered veterinary surgeon ;

(b)     a person to whom a drug or preparation is lawfully supplied on a prescription given by a registered medical practitioner, registered dentist or registered veterinary surgeon ;

(c)     a person to whom a drug or preparation specified in the Second Schedule to this Order is lawfully supplied by an authorized seller of poisons ;

shall be deemed to be a person generally authorized to be in possession of the drug or preparation so supplied :

Provided that a person supplied with a drug or preparation by, or on a prescription given by, a medical practitioner shall be deemed not to be a person generally authorized to be in possession of the drug or preparation if –

(i)      he was then being supplied with a drug or preparation by, or on a prescription given by, another medical practitioner in the course of treatment, and did not disclose the fact to the first-mentioned medical practitioner before the supply by or on his prescription ; or

(ii)     he or any other person on his behalf made a declaration or statement for the purpose of obtaining the supply or prescription, and the declaration or statement was false in any particular.

 

GENERAL AUTHORITY FOR CERTAIN CLASSES OF PERSONS TO POSSESS AND SUPPLY DRUGS AND PREPARATIONS

10.-(1)  Subject to the provisions of this Order’ a person who is–

(a)     a registered medical practitioner ;

(b)     a registered dentist ;

(c)     a registered veterinary surgeon ;

(d)     a registered pharmacist employed or engaged at a hospital, infirmary, health centre or dispensary wholly or mainly maintained by a public authority or out of public funds or by a charity or by voluntary subscriptions and whose duties in that employment or engagement include the dispensing or supply of medicines for that or any other such institution;

(e)     a sister or acting sister for the time being in charge of a ward, theatre or other department in such a hospital or infirmary as aforesaid ;

(f)      a person in charge of a laboratory used for the purposes of research or instruction and attached to –

(i)      such a hospital or infirmary as aforesaid ;

(ii)     any other institution approved for the purposes of this Article by the Committee ;

(g)     an official analyst ;

(h)     a sampling officer ;

(i)      an inspector within the meaning of Article 28 of the Pharmacy, Poisons and Medicines (Jersey) Law, 1952 ;5

shall be authorized, so far as may be necessary for the practice or exercise of his said profession, function or employment, and in his capacity as a member of his said class, to be in possession of, and to supply, drugs and preparations :

Provided that nothing in this paragraph shall –

(i)      authorize a dentist to supply drugs or preparations unless the drugs or preparations are administered by him, or under his direct supervision and in his presence, to persons receiving treatment by him ; or

(ii)     authorize a sister or acting sister in charge of a ward, theatre or other department in a hospital or infirmary to procure a drug or preparation except from a person employed or engaged in dispensing medicines at the hospital or infirmary and except on a written order therefor signed by her, or to supply a drug or preparation except in accordance with the directions of a registered medical practitioner in charge of any patients in the ward, theatre or other department, as the case may be.

(2)     The matron or acting matron of a hospital or infirmary wholly or mainly maintained by a public authority or out of public funds or by a charity or by voluntary subscriptions in which no registered pharmacist is employed or engaged in dispensing medicines, is hereby authorized, so far as may be necessary for the purposes of the hospital or infirmary, and in her capacity as matron or acting matron thereof, to be in possession of, and to supply, drugs and preparations :

Provided that nothing in this paragraph shall authorize a matron or acting matron of a hospital or infirmary to procure a drug or preparation except on an order signed by a registered medical practitioner employed or engaged in the hospital or infirmary.

(3)     Every drug or preparation, other than a preparation for the time being specified in Part II of the Schedule to the Law of 1965, in the actual custody of a person authorized by virtue of this Article to be in possession thereof, shall, except when the necessities of the practice of the profession, function or employment by virtue of which that person is authorized as aforesaid otherwise require, be kept in a locked receptacle which can be opened only by him or by some other person authorized by virtue of this Article to be in possession of the drug or preparation.

(4)     A written order signed by a sister or acting sister in a hospital or infirmary in accordance with the requirements of proviso (ii) to paragraph (1) of this Article on which she procures a drug or preparation shall be marked, in such manner as to show that it has been complied with, by the person employed or engaged in dispensing medicines who complies with the order, and shall be kept in the dispensary, and a copy or note thereof shall be kept by the sister or acting sister for the time being in charge of the ward, theatre or other department of the hospital or infirmary for use in which the drug or preparation was procured.

 

PROHIBITION OF PRESCRIBING

11.          Where a person whose general authority is withdrawn under paragraph (1) of Article 21 of this Order is a registered medical practitioner, registered dentist or a registered veterinary surgeon, the Committee may, by notice published in the Jersey Gazette, direct that it shall not be lawful for that person to give prescriptions prescribing a drug or preparation.

 

GENERAL AUTHORITY FOR AUTHORIZED SELLERS OF POISONS TO MANUFACTURE PREPARATIONS AND RETAIL DRUGS AND PREPARATIONS

12.-(1)  An authorized seller of poisons shall be authorized –

(a)     in the ordinary course of his retail business to manufacture at any premises registered by him under Article 13 of the Pharmacy, Poisons and Medicines (Jersey) Law, 19526

(i)      any extract or tincture of cannabis ; and

 (ii)    any preparation ;

(b)     subject to the provisions of this Order, to carry on at any such premises the business of retailing, dispensing and compounding drugs and preparations ; and

(c)     to supply drugs and preparations otherwise than by way of wholesale dealing :

Provided that nothing in this Article shall be construed as authorizing any such person to be in possession of any drug or preparation except on premises registered under the said Article 13.

(2)     Every drug or preparation, other than a preparation for the time being specified in Part II of the Schedule to the Law of 1965, in the actual custody of a person authorized by virtue of this Article to be in possession thereof shall be kept in a locked receptacle which can be opened only by him or by some assistant of his who is a registered pharmacist and who is not a person whose authority has been withdrawn under paragraph (1) of Article 21 of this Order.

 

SPECIAL PROVISIONS IN RESPECT OF OWNERS AND MASTERS OF SHIPS, FARMERS AND STOCKOWNERS, AND CERTIFIED MIDWIVES

13.-(1)(a)  The owner of a ship, and the master of a ship which is in a port in the Island shall be authorized to procure such quantity of drugs and preparations as may be certified by the Medical Officer of Health to be necessary for the equipment of the ship.

(b)     Every drug or preparation in the possession of the master of a ship by virtue of this paragraph shall, except where the necessity of supplying it to a member of the crew otherwise requires, be kept in a locked receptacle, which can only be opened by the master.

(c)     A person who supplies a drug or preparation in accordance with a certificate given under this paragraph shall retain the certificate and mark it with the date on which the drug or preparation was supplied and keep it on his premises so as to be at all times available for inspection.

(2)     A farmer or stockowner who has obtained for the purpose from the Committee a certificate, which shall be valid only for the person and in respect of the premises named therein, in the form set out in the Third Schedule to this Order shall be authorized to be in possession of not more than thirty-two ounces at one time of tincture of opium, subject to the following conditions and requirements, that is to say –

(a)     the tincture may only be purchased from the person specified on the back of the said certificate ;

(b)     the said certificate must be produced to the person supplying the tincture on the occasion of each purchase ;

(c)     there must be entered on the back of the said certificate at the time of each purchase by the person supplying the tincture the date of the purchase and the quantity purchased, and the said person supplying the tincture must append his signature to the entry ;

(d)     the tincture shall be kept by the farmer or stockowner or his responsible manager under lock and key and may only be issued to responsible persons in his employment for the purpose of administration to animals ;

(e)     each bottle or vessel containing the tincture shall be labelled with the words “For administration to animals only” ;

(f)      the tincture shall not be used for any purpose whatsoever except the treatment of animals ;

(g)     the said certificate must be produced for inspection when required by any police officer or by any person empowered for the purpose by the Committee, and such particulars of the purchases of the tincture as may be required must be furnished to the Committee ;

(h)     if the farmer or stockowner ceases to carry on business at the address named in the said certificate, the certificate must be returned immediately to the Committee ; and

(i)      the said certificate may be revoked at any time by the Committee and on revocation shall be surrendered to the Committee.

(3) (a)     A certified midwife is hereby authorized, so far as necessary for the practice of her profession or employment as a midwife, to be in possession of medical opium, tincture of opium and pethidine which she has procured on furnishing to the supplier thereof a midwife’s supply order, and to administer those drugs or preparations so far as is necessary as aforesaid, subject to the following conditions, that is to say –

(i)      she shall not procure from a person supplying it an amount of a drug or preparation greater than that specified in the midwife’s supply order which she furnishes to him ;

(ii)     she shall on each occasion on which a supply of the drug or preparation is procured enter in the drugs book (being a book kept by her and used solely for the purposes of this paragraph) the name of the drug or preparation obtained, the date, the name and address of the person supplying it, the amount supplied and the form in which it was obtained ;

(iii)    she shall, on administering a drug or preparation to any woman, as soon as practicable, enter in the drugs book the name of the drug or preparation administered, the name and address of the woman to whom it was administered, the amount administered and the form in which it was administered, and the entry so made shall, notwithstanding any other requirement of this Order, be a sufficient record of the administration ;

(iv)    she shall, except when the necessities of the practice of her profession or employment as a midwife otherwise require, keep every drug or preparation in her possession in a locked receptacle which can be opened only by her.

(b)     A midwife in possession of a drug or preparation by virtue of this paragraph is hereby authorized to supply that drug or preparation to the Medical Officer of Health by surrendering to him stocks thereof in her possession which are no longer required by her.

(c)     In this paragraph, the expression “midwife’s supply order” means an order in writing –

(i)      specifying the name of the midwife obtaining a supply of the drug or preparation, stating the fact that she is a midwife and giving the following particulars in regard to the drug or preparation to be procured, that is to say, its name, the purpose for which it is required and the total quantity to be procured or, when the drug or preparation is packed in ampoules, either the said total quantity or the total quantity intended to be administered or injected ; and

(ii)     bearing the signature of the Medical Officer of Health.

 

FORM OF PRESCRIPTION

14.-(1)  A person by whom a prescription prescribing a drug or preparation is given shall comply with the following requirements, that is to say, the prescription shall –

(a)     be in writing and signed by the person giving it with his usual signature, and be dated by him ;

(b)     be in ink or otherwise so as to be indelible ;

(c)     except in the case of a health prescription, specify the address of the person giving it ;

(d)     specify the name and address of the person for whose treatment it is given or, if it is given by a registered veterinary surgeon, of the person to whom the article prescribed is to be delivered ;

(e)     have written thereon, if given by a registered dentist, the words “For local dental treatment only”, and, if given by a registered veterinary surgeon, the words “For animal treatment only” ;

(f)      if the preparation prescribed is a recognised preparation, or if all the preparations contained therein are recognised preparations, specify the total amount of the preparation or, as the case may be, of each preparation or, when the preparation is packed in ampoules, either specify as aforesaid, or specify the total amount of the preparation or, as the case may be, of each preparation, intended to be administered or injected ;

(g)     if the preparation prescribed is not a recognised preparation, specify the total amount of the drug to be supplied, or, when the preparation is packed in ampoules, either the said total amount or the total amount intended to be administered or injected.

In this paragraph, the expression “recognised preparation” means a preparation contained in the British Pharmacopoeia, the British Pharmaceutical Codex or the National Formulary.

(2)     In the case of a prescription given for the treatment of a patient in a hospital or infirmary, sub-paragraph (d ) of paragraph (1) of this Article shall be deemed to have been complied with if the prescription is written on the patient’s bed card or case sheet, and in such a case the initials of the person giving the prescription shall be deemed to be a sufficient signature for the purposes of sub-paragraph (a ) of the said paragraph (1).

 

PROVISIONS AS TO SUPPLY ON PRESCRIPTION

15.-(1)  A person shall not supply a drug or preparation on a prescription –

(a)     unless the prescription complies with the provisions of this Order relating to prescriptions ;

(b)     unless he either is acquainted with the signature of the person by whom it purports to be given and has no reason to suppose that it is not genuine, or has taken reasonably sufficient steps to satisfy himself that it is genuine ; and

(c)     before the date specified in the prescription.

(2)     If a prescription prescribing a drug or preparation expressly states that it may, subject to the lapse of an interval or intervals specified in the prescription, be dispensed a second or third time, the drug or preparation thereby prescribed may, as the case may be, be supplied a second or third time after the specified interval or intervals but no more, but, subject as aforesaid, a prescription shall not for the purposes of this Order be taken as enabling the drug or preparation prescribed to be supplied more than once.

(3)     A person dispensing a prescription prescribing a drug or preparation shall, at the time of dispensing it, mark thereon the date on which it is dispensed, and, in the case of a prescription which may be dispensed a second or third time, the date of each occasion on which it is dispensed, and shall, unless it is a health prescription, retain and keep it on the premises where it is dispensed and so as to be at all times available for inspection.

 

MARKING OF PACKAGES AND BOTTLES

16.-(1)  Subject to the provisions of this Article, no person shall–

(a)     supply a drug unless the package or bottle in which it is contained is plainly marked with the amount of the drug contained therein ; or

(b)     supply a preparation, unless the package or bottle in which it is contained is plainly marked –

(i)      in the case of a powder, solution or ointment, with the total amount thereof in the package or bottle and the percentage of the drug contained in the powder, solution or ointment ;

(ii)     in the case of cachets, single dose injections, lozenges, suppositories, pills, tablets or other similar articles, with the amount of the drug in each article and the number of articles in the package or bottle.

(2)     Nothing in this Article shall apply in a case where a preparation is lawfully supplied in accordance with this Part of this Order by, or on a prescription lawfully given by, a registered medical practitioner or in relation to the supply of any drug or preparation specified in the Second Schedule to this Order.

 

KEEPING OF REGISTER OR OTHER RECORDS

17.-(1)  Every person generally authorized, or licensed, to supply drugs or preparations, other than a sister or acting sister who is so generally authorized by virtue of sub-paragraph (e ) of paragraph (1) of Article 10 of this Order, shall comply with the following provisions, that is to say –

(a)     he shall, in accordance with the provisions of this Article and of Article 23 of this Order, keep a register and enter therein in chronological sequence in the form specified in, as the case may be, Part I or Part II of the First Schedule to this Order true particulars with respect to every quantity of any drug or preparation obtained by him and with respect to every quantity of any drug or preparation supplied by him, whether to persons within or to persons outside the Island ;

(b)     he shall use a separate register or separate part of the register for entries made with respect to each of the substances for the time being specified in paragraph 1 of Part I of the First Schedule to the Law of 1965, or in paragraph 2, 4, 5, 6 or 7 thereof, and for this purpose each such substance shall be deemed to comprise its salts and any preparation, admixture, extract or other substance containing any proportion of it or its salts.

(2) (a)     Nothing in paragraph (1) of this Article shall be construed as preventing the use of a separate section within a register or separate part of a register with respect to different drugs or preparations or strengths of preparations comprised within the class of drugs or preparations to which that register or separate part relates.

(b)     So much of the said paragraph (1) as requires a person to enter in the register required to be kept under that paragraph particulars with respect to drugs or preparations supplied by him shall not apply to –

(i)      a registered medical practitioner if he enters in a day book true particulars of every drug or preparation supplied by him to any person, together with the name and address of that person and the date of the supply, and enters in a separate book kept for the purposes of this Article a proper reference to each entry in the day book which relates to the supply of any drug or preparation ; or

(ii)     an authorized seller of poisons if he enters in a separate book kept for the purpose of this Article a proper reference to each entry in a Pharmacy Law book which relates to the supply of any drug or preparation ;

and if, in either case, sub-paragraphs (c ) and (d ) of this paragraph are complied with.

(c)     References in the said separate book must be made in chronological sequence and the book must be kept in separate parts relating respectively to the several classes of drugs and preparations specified in and under sub-paragraph (b) of the said paragraph (1) and shall not be used for any purpose other than the purposes of this paragraph.

(d)     The entries in the said day book and in the said separate book shall be made on the day on which but for this paragraph an entry would under Article 23 of this Order have been required to be made in the said register, and sub-paragraph (c) of the said Article shall apply as respects any such entry as aforesaid as if it were an entry in the said register.

(e)     In this paragraph the expression “a proper reference” means a reference which is entered in the said separate book under the same date as that on which the entry in the said day book or in the Pharmacy Law book was made and is otherwise such as to enable that entry to be easily identified.

(3)     Where a registered medical practitioner, registered dentist or registered veterinary surgeon obtains or supplies any drug or preparation packed in ampoules, he shall be deemed to have complied with the requirements –

(a)     of paragraph (1) of this Article in regard to entry in the register required to be kept under the said paragraph of true particulars with respect to every quantity of every drug or preparation obtained or supplied ; or

(b)     in the case of a medical practitioner supplying drugs or preparations to any person, of paragraph (2) of this Article in regard to entry in the day book referred to in the said paragraph of particulars of any drug or preparation supplied by him ;

if he enters as the amount which he has obtained, or, as the case may be, supplied, true particulars as to either the total quantity of the drug or preparation or the total quantity thereof intended to be administered or injected.

(4)     Every separate book kept under paragraph (2) of this Article, every day book in which any entry is made under the said paragraph (2) and every Pharmacy Law book containing an entry which is referred to in such a separate book as aforesaid, shall be kept on the premises to which the register or book relates, or, in the case of a book referring to a prescription, where the prescription was dispensed, and so as to be at all times available for inspection.

(5)     For the purposes of the preceding paragraphs of this Article, a drug or preparation administered by, or under the direct supervision and in the presence of, a registered medical practitioner or registered dentist shall be deemed not to have been supplied by him.

(6) (a)     A manufacturer of any preparation for the time being specified in Part II of the Schedule to the Law of 1965 and a wholesale dealer in any such preparation shall keep every invoice or other like record issued in respect of each quantity of any such preparation obtained by him and in respect of each quantity of any such preparation supplied by him.

(b)     A retail dealer in any such preparation as aforesaid shall keep every invoice or other like record issued in respect of each quantity of any such preparation obtained by him.

PART III

GENERAL

 

DEFINITION OF “DRUG”

18.          In this Part of this Order, the expression “drug” means a drug to which Part I of this Order or a substance to which Part II of this Order applies.

 

DEFINITION OF “POSSESSION”

19.          For the purposes of this Order, a person shall be deemed to be in possession of a drug if it is in his actual custody or is held by some other person subject to his control or for him and on his behalf.

 

SUPPLY OTHERWISE THAN ON PRESCRIPTION

20.-(1)  Where a drug, other than a substance specified in the Second Schedule to this Order applies, is to be lawfully supplied to any person (hereafter in this Article referred to as “the recipient”) otherwise than by, or on a prescription given by, a registered medical practitioner, the person supplying the drug (hereafter in this Article referred to as “the supplier”) shall not deliver it to a person who purports to be sent by or on behalf of the recipient unless that person either –

(a)     is generally authorized, or licensed, to be in possession of that drug ; or

(b)     produces to the supplier a statement in writing signed by the recipient to the effect that he is empowered by the recipient to receive the drug in question on behalf of the recipient, and the supplier is reasonably satisfied that the document is a genuine document.

(2)     A person to whom a drug is lawfully delivered in the circumstances mentioned in paragraph (1) of this Article shall be deemed to be a person authorized to be in possession thereof, but for such period only as in the circumstances of the case is reasonably sufficient to enable delivery to the recipient to be effected.

 

WITHDRAWAL OF AUTHORITY

21.-(1)  If any person generally authorized has been convicted of an offence against the Law of 1954 or the “Loi sur les Drogues Dangereuses”, confirmed by Order of His Majesty in Council of the nineteenth day of December, 1923,7 or, except in the case of an authorized seller of poisons, becomes of unsound mind or is receiving mental treatment, the Committee may, if of opinion that that person cannot properly be allowed to remain an authorized person, by notice published in the Jersey Gazette, withdraw the authority of that person :

Provided that, in the case of an authorized seller of poisons, the Committee shall, before withdrawing his authority, consult the registered pharmacists for the time being nominated in pursuance of Article 24 of the Pharmacy, Poisons and Medicines (Jersey) Law, 1952,8 to advise the Committee in the discharge of its functions under that Law.

(2)     Where the general authority of any person has been withdrawn under this Order, the Committee may at any time restore it, or may suspend the withdrawal, and, while the withdrawal is so suspended, that person shall be an authorized person in the same manner as if the authority had never been withdrawn, so, however, that the Committee may at any time cancel the suspension.

 

CONSIGNMENT BETWEEN PLACES OUTSIDE THE ISLAND

22.-(1)  If any drugs permitted under the law of any country outside the Island to be exported therefrom to any destination outside the Island are brought into the Island, no person shall, unless he is licensed under this Article nor otherwise than in accordance with the terms and conditions of his licence, cause or procure those drugs to be diverted to any other destination.

(2)     For the purposes of this Article, the destination to which any drugs are permitted to be exported shall be taken to be the destination stated in the permission for the export thereof from the country of export.

 

REQUIREMENTS AS TO REGISTERS

23.          The following requirements shall be complied with by any person required to keep a register under, as the case may be, Articles 5 or 17 of this Order, that is to say –

(a)     the class of drugs to which the entries on any page of any such register as aforesaid relate shall be specified at the head of that page ;

(b)     every entry required to be made under the said Articles in such register shall be made on the day on which the drug is received or, as the case may be, on which the transaction with respect to the supply of the drug by the person required to make the entry takes place, or if that is not reasonably practicable, on the day next following the said day ;

(c)     no cancellation, obliteration or alteration of any such entry shall be made, and every correction of such an entry shall be made only by way of a marginal note or footnote which shall specify the date on which the correction is made ;

(d)     every entry required to be made as aforesaid in every such register and every correction of such an entry shall be made in ink or otherwise so as to be indelible ;

(e)     such a register shall not be used for any purpose other than the purposes of this Order ;

(f)      the person required as aforesaid to keep such a register shall on demand made by the Committee or by any person empowered in writing by the Committee in that behalf –

(i)      furnish such particulars as may be required with respect to the obtaining or supplying by him of any drug, or with respect to any stock of drugs in his possession ;

(ii)     for the purpose of confirming any such particulars as aforesaid, produce any stock of drugs in his possession ; and

(iii)    produce the said register and such other books or documents in his possession relating to any dealings in drugs as may be required ;

(g)     a separate register shall be kept in respect of each set of premises at which the person required to keep the register carries on business, but save as aforesaid not more than one register shall be kept at one time in respect of each class of drug in respect of which he is required to keep a separate register or part of a register, so, however, that a separate register may, with the approval of the Committee, be kept in respect of each department of the business carried on by him ;

(h)     every such register shall be kept at the premises to which it relates and so as to be at all times available for inspection.

 

PRESERVATION OF DOCUMENTS

24.-(1)  All registers, records, books, prescriptions (other than health prescriptions) and other documents which are kept, issued or made in pursuance of the requirements, or for the purposes, of this Order shall be preserved, in the case of a register, book or other like record, for a period of two years from the date on which the last entry therein is made, and in the case of any other document, for a period of two years from the date on which it is issued or made :

Provided that, in the case of any document kept in pursuance of paragraph (6) of Article 17 of this Order, the keeping of a copy thereof at any time during the said period of two years shall be treated for the purposes of this paragraph as if it were the keeping of the original document.

(2)     Every signed order given for the purposes of paragraph (3) of Article 7 of the Poisons (General Provisions) (Jersey) Order, 1964,9 for a drug shall be preserved for a period of two years from the date on which the last delivery under the order was made.

 

EXEMPTION OF CARRIERS

25.          Nothing in this Order as respects the possession of a drug shall apply to a person carrying on the business of a carrier, or to any servant of such a person, acting in the course of that business.

 

EXEMPTION OF AGENTS IN TRANSFER OF BUSINESS

26.          For the purposes of this Order, a person shall not be treated as procuring or offering to procure a drug for any person by reason only that, in the course of business, as agent for another, he offers for transfer, or acts in the transfer of, a business and stock-in-trade therewith which comprises a drug.

 

CONSTRUCTION OF LICENCE OR AUTHORITY

27.          For the purposes of this Order, but subject in each case to the express terms of the provisions of this Order by which he is generally authorized, or, as the case may be, to any limitation attached to his licence –

(a)     a person generally authorized, or licensed, to manufacture a drug shall be deemed to be generally authorized or, as the case may be, licensed to supply that drug ;

(b)     a person generally authorized, or licensed, to supply a drug shall be deemed to be generally authorized, or, as the case may be, licensed, to be in possession of, to procure, to offer to supply or to procure, and to advertise for sale, that drug.

 

REVOCATION OF LICENCE

28.          Any licence given under this Order may be revoked by the Committee at any time.

 

METRIC SYSTEM AND IMPERIAL SYSTEM

29.-(1)  For the purposes of this Order :  -

(a)     a drug shall not be regarded as supplied or procured otherwise than on a prescription or other order by reason only that the prescription or order specifies a quantity of the drug in terms of the imperial system and the quantity supplied or procured is the equivalent of that amount of the metric system or by reason only that the prescription or order specifies a quantity of the drug in terms of the metric system and the quantity supplied or procured is the equivalent of that amount in the imperial system ;

(b)     where any person is authorized to procure or to be in possession of a quantity of a drug determined by or under this Order he shall be deemed not to procure or be in possession of a quantity of that drug in excess of the first mentioned quantity by reason only that he procures or is in possession of a quantity of that drug which is the equivalent of the said first mentioned quantity in, in the case of the imperial system, the metric system, or, in the case of the metric system, the imperial system.

(2)     For the purposes of this Article, the quantity of a drug in the imperial system which is the equivalent of a particular quantity in the metric system, and the quantity of a drug in the metric system which is the equivalent of a particular quantity in the imperial system shall be taken to be that set out as such in the Table of Equivalents contained in the British Pharmacopoeia, the British Pharmaceutical Codex or the British Veterinary Codex.

 

INTERPRETATION

30.-(1)  In this Order, unless the context otherwise requires –

“authorized seller of poisons” means an authorized seller of poisons within the meaning of the Pharmacy, Poisons and Medicines (Jersey) Law, 1952 ;10

“certified midwife” means a person authorized to exercise the profession of midwife in the Island under the “Loi (1922) sur la Santé Publique (Sages-Femmes)” ;11

“the Committee” means the Public Health Committee ;

“generally authorized”, in relation to any person, means authorized by, as the case may be, Article 4, 10, 12 or 13 of this Order by virtue of being a member of a class specified in that Article, or of being a person of a description so specified, and “general authority” means the authority possessed by a person as aforesaid;

“health prescription” means a prescription given by a registered medical practitioner or registered dentist upon a form issued by a public authority (including any department of Her Majesty’s Government) or by a parochial authority for use in connexion with a health service of that authority;

“the Law of 1954” means the Dangerous Drugs (Jersey) Law, 1954;12

“the Law of 1965” means the Dangerous Drugs (Amendment) (Jersey) Law, 1965;13

“licensed” means duly licensed by a licence issued by the Committee to the person named therein, or, as the case may be, in respect of premises named therein, under and for the purposes of Article 2, 3, 7, 8, 9, or 22 of this Order, and “licence” and “licensed premises” shall be construed accordingly;

“official analyst” means an analyst named and appointed under Article 8 of the “Loi (1886) touchant la Falsification des Denrées”,14 and includes any deputy official analyst appointed to act in the case of illness, incapacity or absence of an official analyst, or pending the appointment of an official analyst, to act in his place;

“Pharmacy Law book” means either of the books required to be kept by paragraph (2) of Article 16 and paragraph (3) of Article 17 of the Pharmacy, Poisons and Medicines (Jersey) Law, 1952;

“prescription” means a prescription for a single individual given by a registered medical practitioner for the purposes of medical treatment, by a registered dentist for the purposes of dental treatment or by a registered veterinary surgeon for the purposes of animal treatment;15

“register” means a bound book and does not include any form of loose leaf register or card index”

“registered”, in relation to a medical practitioner, dentist or veterinary surgeon, means registered under the enactments for the time being regulating the exercise of those professions in the Island;

“registered pharmacist” means a registered pharmacist within the meaning of the Pharmacy, Poisons and Medicines (Jersey) Law, 1952 ;16

“registered premises” means premises duly registered under Part II of the Pharmacy, Poisons and Medicines (Jersey) Law, 1952 ;16

“retail business” means the business of retailing, dispensing or compounding drugs carried on at a shop ;

“retail dealer” means a person who carries on a retail business ;

“sampling officer” means a person duly authorized under Article 10 of the “Loi (1886) touchant la Falsification des Denrées”17 to take samples of food and drugs ;

“wholesale dealer” means a person who carries on the business of selling drugs to persons who buy to sell again.

(2)     References in this Order to any other enactment shall be construed as references to that enactment as amended by any other enactment.

 

REVOCATION AND SAVINGS

31.-(1)  The following enactments are hereby revoked, namely :-

(a)     the Dangerous Drugs (General Provisions) (Jersey) Order, 1957 ;18

(b)     the Dangerous Drugs (General Provisions) (Amendment) (Jersey) Order, 1961 ;19

(c)     the Dangerous Drugs (General Provisions) (Amendment No. 2) (Jersey) Order, 1963. 20

(2)     Any licence, authority, certificate or order issued, granted or given under any Order revoked by this Order and subsisting immediately before the coming into force of this Order shall continue to have effect as though granted under this Order.

(3)     Any register, record, book, prescription or other document which is required to be kept under any Order revoked by this Order shall be kept in the same manner and for the same period, and every person shall be subject to the same requirements in regard thereto, as if this Order had not been made.

 

CITATION AND COMMENCEMENT

32.          This Order may be cited as the Dangerous Drugs (General Provisions) (Jersey) Order, 1966, and shall come into force on the first day of May, 1966.

By Order of the Public Health Committee,

 

A.D. LE BROCQ,

 

Greffier of the States.

18th April, 1966.


FIRST SCHEDULE

(Articles 5 and 17)

FORM OF REGISTER

PART I

Entries to be made in case of obtaining

 

Date on which supply received

Name

Address

Amount obtained

Form in
which obtained

of person or firm from whom obtained

 

 

 

 

 


PART II

Entries to be made in case of supply

 

Date on which the transaction was effected

Name

Address

Particulars as to licence or authority of person or firm supplied to be in possession

Amount supplied

Form in which supplied

of person or firm supplied

 

 

 

 

 

 


SECOND SCHEDULE

(Articles 9, 16 and 20)

DRUGS AND PREPARATIONS TO WHICH PART II OF THIS ORDER APPLIES WITH CERTAIN MODIFICATIONS

1.             The following drugs, namely :  -

Acetyldihydrocodeine

Codeine

Ethylmorphine (3. ethylmorphine)

Nicocodine

Norcodeine

Pholcodine.

2.             Any salt of a substance for the time being specified in paragraph 1 of this Schedule.

3.             Any preparation, admixture, extract or other substance containing any proportion of a substance for the time being specified in paragraph 1 or paragraph 2 of this Schedule, being a preparation, admixture, extract or other substance whereof none of the other ingredients is a substance to which Part II of this Order for the time being applies.

4.             Any other preparation for the time being falling within Part II of the Schedule to the Law of 1965.


THIRD SCHEDULE

(Article 13(2))

FORM OF CERTIFICATE

 

DANGEROUS DRUGS (JERSEY) LAW, 1954

 

Certificate authorizing a Farmer or Stockowner to purchase Tincture of Opium B.P. commonly known as Laudanum for administration to Animals

I hereby certify that* ……………………………………………….. of………..……………………………………………………………... …………..……………………………………………………….……..is a person carrying on the business of a farmer or stockowner and is authorized in pursuance of paragraph (2) of Article 13 of the Dangerous Drugs (General Provisions) (Jersey) Order, 1966, to be in possession of not more than 32 ozs. at any one time of tincture of opium, B.P. commonly known as laudanum.

On behalf of the Public Health Committee,

……………………………………

Date ………………………….

*Insert full name and address.

 

NOTICE

(a)        The tincture of opium may only be purchased from the person named on the back hereof ;

(b)        this certificate must be produced to the person supplying the tincture on the occasion of each purchase ;

(c)        the person supplying the tincture must at the time of purchase enter on the back hereof the date of purchase and the quantity purchased and must append his signature thereto ;

(d)        the tincture must be kept by the farmer or stockowner or his responsible manager under lock and key and may only be issued to responsible persons in his employment and only for the purpose of administration to animals ;

(e)        each bottle or vessel containing the tincture must be labelled with the words “For administration to animals only” ;

(f)         the tincture must not be used for any purpose whatsoever except the treatment of animals ;

(g)        this certificate must be produced for inspection when required by any police officer or by any person empowered for the purpose by the Public Health Committee, and such particulars of the purchase of the tincture as may be required must be furnished to the Public Health Committee ;

(h)        this certificate is only valid for the person and in respect of the address named herein. If that person ceases to carry on business at the address named herein he must return the certificate immediately to the Public Health Committee, and if a certificate is desired in respect of another address he must apply for another certificate ;

(j)         this certificate continues in force until revoked by the Public Health Committee and on revocation must be returned to the Public Health Committee.


BACK OF FORM

 

Name and address of person from whom the holder intends to purchase Tincture of Opium

 

(To be filled in by the holder ) –

 

Name (in full) ……………….………………………………

 

Address ……...…………………………………………………........ .......…..……………………………………………………

 

(To be filled in by the supplier on the occasion of any purchase by the holder )

 

Date of Purchase

Quantity Purchased

Signature of Supplier

 

 

 

 

NOTICE

(a)        When this certificate is filled up, the holder should return it to the Public Health Committee and make application for a new one.

(b)        If the holder desires to change the chemist from whom he purchases, he must surrender this certificate to the Public Health Committee so that a new one may be issued in its stead.



1        Recueil des Lois, Tome 1954–1956, page 10.

2        Recueil des Lois, Tome 1954–1956, page 13.

3        Recueil des Lois, Tome 1963–1965, page 513.

4        Recueil des Lois, Tome 1951–1953, page 359.

5        Recueil des Lois, Tome 1951–1953, page 359.

6        Recueil des Lois, Tome 1951–1953, page 338.

7        Recueil des Lois, Tome VI (1939 édition), page 300.

8        Recueil des Lois, Tome 1951–1953, page 355.

9        No. 4607.

10      Recueil des Lois, Tome 1951–1953, page 322.

11      Recueil des Lois, Tomes IV–VI, page 556.

12      Recueil des Lois, Tome 1954–1956, page 9.

13      Recueil des Lois, Tome 1963–1965, page 511.

14      Recueil des Lois, Tomes IV–VI, page 70.

15      Recueil des Lois, Tome 1951–1953, pages 341 and 343.

16      Recueil des Lois, Tome 1951–1953, page 326.

17      Recueil des Lois, Tomes IV–VI, page 71.

18      No. 3843.

19      No. 4221.

20      No 4412.


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