POISONS AND PHARMACY LAW OF LAGOS STATE

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  

POISONS AND PHARMACY LAW

ARRANGEMENT OF SECTIONS

PART I – REGISTRATION AND INSPECTION OF PREMISES

1.       Duty of authorised seller of poisons to register business premises

2.       Authorised seller of drugs to furnish registrar with lists of shops and selling dispensers and chemists in charge

3.       Persons authorised to enter registered premises and take samples

4.       Inspection of drugs and poisons

PART II – DISPENSING, SALE, CUSTODY AND SUPPLY OF POISONS AND DRUGS

PRACTICE AS A DISPENSER OR A CHEMIST

5.       Restrictions on dispensing drugs

6.       Restrictions on import, sale or delivery of poisons

DISPOSAL OF POISONS

7.       Disposal of Poisons Book

8.       Inspection of Disposal of Poisons Book

9.       Penalty for offences against sections 7 and 8

10.     Restrictions to be observed in dispensing and sale of poisons in Parts 1 and 2 of First Schedule

11.     Penalty for making or procuring to be made false entry in Disposal of Poisons Book

RESTRICTIONS ON SALE AND DELIVERY OF POISONS

12.     Restrictions to be observed in the dispensing and sale of poisons in Part 3 of First Schedule

13.     Restrictions on sale of poisons in Part 4 of First Schedule

14.     Issue of licenses

15.     Form of containers

16.     How containers of articles in Part 5 of First Schedule are to be marked

17.     Refusal to dispense or sell, or negligently dispensing drugs and poisons

18.     Conditions to be fulfilled by body corporate or firm in order to dispense or sell drugs or poisons

19.     Containers of poisons for sale or use in practice of profession to be marked with name of the poison and word “Poison”

20.     How poisons included in Part 1 of the First Schedule are to be kept for professional use

21.     Directions prescribed by British Pharmacopoeia for keeping poisons to be observed

22.     Professional men to keep a list of poisons hung near cupboard where poisons kept

23.     Supply of medicines to outpatients from certain hospitals

24.     Supply of medicine by dispensary attendant

25.     Supply of medicines for use in hospitals, etc.

26.     Storage of poisons in institutions

27.     Penalty for contravening or failing to comply with provisions of sections 20 to 26

28.     Duty of medical practitioners and others supplying poisons to cause containers to be labeled

29.     Special precautions in the case of certain articles

PART III – EXEMPTIONS

30.     Exemptions from certain provisions of this Law

PART IV – CONTROL OF SALE OF PATENT AND PROPRIETARY MEDICINES

31.     Disclosure of compositions of medicine

32.     Control of sale of patent and proprietary medicines

33.     Place of business not to form part of living room

34.     Patent or proprietary medicines to be in original container properly secured

PART V – LICENSING AUTHORITY

35      Licensing authority

36.     Powers of the licensing authority

37.     Licensing authority to keep registers

PART VI – ADVERTISEMENTS

38.     Prohibition of advertisements relating to certain diseases

39.     Prohibition of advertisements relating to abortion

PART VII – AS TO THE SALE AND POSSESSION OF POISON FOR UNLAWFUL PURPOSES

40.     “Poison” and “poisonous matter”

41.     Sale or possession for illegal purpose

42.     Possession deemed to be illegal unless contrary is proved

43.     Poisoned arrows prohibited

PART VIII – PARTIES TO OFFENCES AND PENALTIES

44.     Principal offenders

45.     Offences committed in prosecution of common purpose

46.     Mode of execution immaterial

47.     Persons attempting, soliciting or inciting others to commit offences

48.     Where company convicted, chairman, director and officers guilty of like offence

49.     Offence

50.     Penalty

PART IX – MISCELLANEOUS

51.     Power to make regulations

PART X

52. Interpretation, etc.

53. Citation and Commencement

SCHEDULES

POISONS AND PHARMACY LAW

A LAW TO REGULATE THE SALE AND DISTRIBUTION OF DRUGS AND POISONS

[F. & L. 1958, CAP. 152. 1964 NO.26. L.N. 258 OF 1959. L.N. 112 OF 1964. L.N. 54 OF 1971]

[Commencement]                                                 [Section 33: 1st January, 1947; remainder 1st March, 1946]

PART I – REGISTRATION AND INSPECTION OF PREMISES

1.      Duty of Authorised Seller of Poisons to Register Business Premises

(1)     Every selling dispenser or chemist must cause all the sets of premises where the business is being carried on to be registered under this section.

[L.F.N. Cap. 357.]

(2)     An application for registration under this section must be made in the manner prescribed by regulations, and it will be the duty of the registrar to keep, in accordance with the provisions of the regulations, a register for the purposes of this section, in this Law referred to as the register of premises and, on payment of such fee as is provided in this Law, to enter therein all sets of premises in respect of which an application for registration is duly made.

(3)     An applicant for registration under this section, will pay such fee in respect of the registration of any set of premises, as may be prescribed by regulations, and the owner of the business carried on in any premises entered in the register of premises will pay such fee, in this section referred to as a retention fee, in respect of the retention of the premises on the register of premises in any year subsequent to the year in which the premises were first registered under this section in pursuance of an application made by the applicant.

(4)     If a person on whom a demand has been made, in the manner prescribed in the regulations, for payment of a retention fee fails to pay the fee within two (2) months after the date on which the demand for payment was made, the registrar may remove the premises from the register of premises, but if, either within the year in respect of which the fee is payable or within such longer period as the registrar may allow, the owner of the business carried on in the premises pays to the registrar the retention fee, together with such additional sum, if any, by way of penalty for the default, as may be prescribed by regulations, the premises will be restored to the register of premises and, if the registrar so directs, the restoration will have effect as from the date on which the premises were removed from the register.

(5)     The registration of any premises under this section will become void on the expiration of fourteen (14) days from the date of any change in the ownership of the business carried on therein.

(6)     A document purporting to be a certificate signed by the registrar stating that, on a specified date, specified premises were, or were not, registered under this section will be admissible in any proceedings as evidence that those premises were, or were not, registered on that date.

2.      Authorised Sellers of Drugs to furnish Registrar with list of Shops and Selling Dispensers and Chemists in Charge

(1)     Every selling dispenser or chemist will in the month of January in each year send to the registrar a list of all the premises where the business, so far as it comprises the sale of drugs, is being carried on and the name of the selling dispenser or chemist having the personal control of the business on each premises.

(2)     A selling dispenser or chemist who fails to comply with the provisions of this section will be liable in respect of each offence, to a fine of Forty Five Thousand Naira (N45,000.00) and to a further fine of Fifteen Thousand Naira (N15,000.00) for every day subsequent to the day on which the selling dispenser or chemist is convicted of the offence during which the default continues.

LAWS OF LAGOS STATE

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA