Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698068332771.pdf (Guyana)
ORDINANCE NO.

26 OF 1960.

PHARMACY AND P01SONS (AMENDMENT) ORDINANCE, 1960 I assent.

/�fc:t0 1/ ..- Governor.

- BRITISH GUIANA.

Arrangement of Sections.

Section 1960. and commencement.

of section of section of new section of new sections 1.Short title 2.Amendment 3.Amendment 4.Insertion 5.Insertion Ordinance.

6.Amendment 7.

Repeal and re-enactment of section 2 of the Principal 16 of the Principal 22A in the Principal 2-+A, 24B and 24C in the Principal Ordinance.

Grdinance.

Ordinance.


3 J of the Principal Ordinance.

of section 32 of the Principal 8.Repeal and rc-cn::ctm(:nt o( section 33 of the Principal Ordinance.

Ordinance.

I A.p.

1960, No.

26] THE LAWS OF BRITISH GUIANA [A.D. 1961 2 Section 9.

10.

11. of section of section Amendment Amendment Repeal and re-enactment Ordinance.

Amendment Amendment Amendment Amendment Transitional Schedule.

of Third Schedule of Fourth Schedule of Fifth Schedule of Sixth Schedule Provisions.

12.

13.

14.

15.

16.


40 of the Principal 43 of the Principal Ordinance.

Ordinance.

44 of the Principal of section to the Principal to the Principal Ordinance.

Ordinance.

to the Principal to the Principal Ordinance.

Ordinance.

AN ORDINANCE to amend the Pharmacy Enacted by the Legislature and Poisons of British Guiana:- Ordinance, 1956.

Sbort title and commence­ ment.

No.

11156.

36 1.

(1) This Ordinance Poisons (Amendment) of read with the Pharmacy to as the Principal Ordinance.
and Poisons Ordinance.

may be cited as the Pharmacy and and re­ the Ordinance, and any Ordinance and shall be construed J 956. hereinafter amending I 960.

(2)This Ordinance as the Governor may, by order published shall come into operation in the Gazette, Ordinance on such day appoint.

is hereby 2.

Sect,ion 2 of the Principal ferred same.

r Amendment of section 2 of ,;,c Prin.

:ip.i.l .

Ordinance amended - • Ar.> enclru�nt C'f 5e,•1i0'1 16 c,f � Principal Ord ma nee by the addition 3.
Section (a)by the substitution for the words '·means any sub­ used in the composition stance of the expression of' in the definition "drug" of the word "includes"; ( b) by the addition after by wholesale" the definition new of the expres­ of the following sion "sale definition ' ··sell" - includes sell, offer for sale, expose for for have in possession thereafter saic, distribute, sale or distribution. '

.

16 of the Principal Ordinance _ of the following pr?�iso - .
that the prov1S1ons not apply to any person who obtained licence date a registered the 21st December, "Provided chemist and druggist before of this section shall that diploma 1957, and was at that or under the pro- Ordinance."

is hereby amended Cap.

141. visions of the Pharmacy and Poisons 4.

The Principal Ordinance is hereby amended by the after section 22 of the following - new section insertion of new section 22A in the Principal ordinance.
insertion "Alternative conditions be complied with by authorised sellers of poison;;.

to 22A.

( I) Where a business comprising on, so far as it concerns the retail sale of drugs is being carried retail sale of drugs, shall not be necessary, on the business to comply with the conditions be under the personal at two or more sets of in order that the person carrying may be an authorised seller of poisons, requiring to of a registered pharmacist the business premises, the it control I\.D.
19601 PHARMACY AND POISONS (AMENDMENT) [No.

26 s f I medicine effected pursuance nol containing a poison unless the sale is io where he carries on business at the premises of such authorisation.

( 6) Nothing in this section or dispensed by shall apply to a any hospital, by the Board or dispen­ approved supplied medicine sary or similar extend to, or interfere listed under ·Group Schedule I-General to this Ordinance.

institution Exemptions in the Third with, the sale of any substance 24C.
(I) ln relation by subsection to premises ( I) of section istered (d)of subsection the following conditions of subsections with- (4) and (5) of this section, (1) of section subject shall, required to be reg­ 22A or paragraph to the provisions be complied 24B of this Ordinance, 1 o Third Sche­ dule.

Condition, be complied wilh in rela­ tion to pre­ mises required to be rcgis• tered by sec­ tion 22/1, ( I ) <>r 24B (I) (d).

t ,.
(a)the retail sale of drugs, or of drugs and or of drugs and surgical appliances, medical appliances gical appliances stantial the p('mises; or of drugs and medical must not constit and sur­ ute a sub­ carried on at part of the business it than at the premises by or (b)before any drug is sold at the premises, must have been made up for sale in a con­ tainer elsewhere under the supervision macist, or imported from an establishment engaged of pharmaceutical container the time when the drug was made up for sale or imported in the manufacture preparations, must not have been opened since.
of a registered in a container therein; and the phar­ ( c)drugs must not be dispensed or compounded on the premises; (d)prescriptions must not be received at the and drugs dispensed or com­ for premises, pounded elsewhere than at the premises the use of a particular distributed therefrom; at the premises person must not be or despatched (e)subject to the provisions titles, none of the following emblems must be used in connection the business namely- on at the premises, of this section, descriptions or with carried (i) the title of Pharmaceu tical Chemist, Pharmaceutist, and Druggist, Chemist; or Dispensing (ii)the description Chemist Pharmacist, or Druggist, Chemist, Pharmacy or Drug or Store; No.
26] THE LAWS OF BRITISH GUIANA lA.D.

1960 6 (iii) any title, description or emblem rea­ to suggest that the or anyone calculated sonably owner of the business employed therein qualification in connection dispensing, selling of drugs or poisons; or compounding with the possesses any (f)the business carried so far as it concerns be conducted conditions by regulations Council.
(2)The Governor on at the premises must, the retail sale of drugs, in accordance with such other (if any) as may be prescribed made by the Governor in may make regula­ in Council whether.
in the rc:t:1il the circumstances sale of drugs, or of drugs and surgical speci­ or of drugs appli­ appliances, tions for determining fied in the regulations, and medical ances, or of drugs and medical is or is not to be treated (a)of subsection ( I ) part of the business stantial (3)Paragraph shall not be construed section container label affixed to or document of the title address the title or description business drugs are sold by retail.
or description at which, they were made at the premises and surgical appliances, for the purposes of this section carried as constituting ou at any premises.
of paragraph a sub­ (c) of subsectio n (1) of this tl1e use on a as prohibiting in which drugs :-ire made up for sale, or on any enclosed in such a container of the person by whom, or the up for sale, not being ol' the person carrying on the where in question or an address (4) Paragraphs (a), (b) and (f) of subsection ( 1)of this section proves to the satisfaction mediately business medicines shall not apply to any person who of the Board that he was im­ on a and proprietary of which the retail constituted before the 21st December, 1957, carrying sale of patent part.
the restric (5)Notwithstanding the principal by tions impr.sed on the use of Ordinance or emblems, any person who of the Board that he was im­ on a and proprietary 1957, carrying of' this provisions the foregoing certain descriptions titles.
proves to the satisfaction mediately business medicines cription any business ance with the provisions of Pharmacy carried constituted before the 21st December, of which the retail sale of patent on at premises part, may use the des­ the principal or Drug Store in connection in accord- registered with of this Ordinance. "

Amendment section :.

I the Principal Ordlnanco.

of of 6.


Section 31 of the Principal Ordinance is hereby amended by the repeal stitution therefor of the following- of paragraph ( d) of subsection ( 1) thereof and the sub­ 7 A.D. 1960]PHARMACY AND POISONS (AMENDMENT) [No.
26 ---------------------------------< part of the ingredients " ( d) to a poison forming seller of poisons by an which is supplied on premises if the the following in under this Ordinance, contained in are satisfied of this section of a medicine authorised duly registered requirements provisions relation 32 of the Principal therefor- thereto."

is hereby repealed Ordinance Repeal aod re•enactment of section n of the Princi­ pa I Ordinance.

7.

Section substituted and the following "Drui;s and 32.
( 1) The Governor poisons sold t>y sirknur.r, published in the Gazette, :�.

dispen-nurse and dispenser in Council authorise may, by notice any registered dispense, supply sick- to retail, pound any drug or poison, Part l of the Poi,ons notice.

Li:;t, at premises other than those contained or com­ in in the specified (2)Application be made to the Registrar upon payment of the authorisation.
of the prescribed for any such authorisation may in the prescribed fee in respect manner and of the grant (3)Every application to the Governor subsection shall be submitted by the Board with such observations in respect made under the preceding in Council or recommendations as the Board thinks thereof fit.
in Council ( 4) Where the Governor to proposes or recommenda­ to any such observations he shall inform the Board of hi� proposal act contrary tions, the Board a reasonable opportunity or recommendations ther observations make, ;:ind shall take into consideration ob­ servations or recommendations a final decision so made before the application.
of making any fur­ to it may desire any further regarding and give reaching any application (5)In considering made as shall be had to the skiU and in dispensing and to the ex:'.>tencc aforesaid, regard of the applicant cines, maceutical which the applicant suance of the authorisation :.1pplicd to any other circumstances thinks fit.

phar­ cf adequate at in the district where the premises, in pur­ proposes to carry on business and for, arc situated.
the Governor in Council or absence services experience and compounding medi­ n granted on the 31st December, but may, on or before ( 6)Every authorisatio shall expire section which it is granted ber in each year by the Governor year by notice during in Council which it is in force, published under this of the year in the 31st Decem­ be extended to the end of the ensuing (7)Application in the Gazette.
for any such extension manner and upon may be made to the Registrar payment in the prescribed fee in respect of the prescribed of the extension No.

26.]

THE LAWS OF BRITISH GUIANA [A.D. 1960 -----------------------· -- 8 and every such application Governor by the Board.

in Council to the shall be submitted ( 8) No person carrying on business in pursu­ ance of an authorisation title, sign or description ness is carried "Emergency under this section for the premises on other than the title, Shop".
where the busi­ sign or description shall use any (9)The Governor in Council published in the Gazette, authorisation granted whom it was granted- revoke or refuse under this section, may, by notice to extend any if the person to ( a) obtained such authorisation by fraud or mis­ representation; or ( b) ceases to possess, qualification isation was granted; by reason of which the any not possess, author­ or does or in any pa.rt of Her or elsewhere of an of the Gover­ ( c) has been convicted dominions Majesty's offence which nor in Council tinue to carry on business the authorisation; or ( d) has been medically in the opinion renders him unfit to con­ certified to be of un­ i n pursuance of Cap.
142. sound mind; or the ( e)is convicted of an offence against or any Ordi­ the same, or Drugs Ordinance, or replacing Dangerous nance amending this Ordinance, which, Governor in Council.
continue to carry on business of the authorisation; (f)is deemed by the Governor in the opinion of the unfit to renders him in pursuance in Council or of- guilty (i)habitual drunkenness or habitual addiction to any drug; or in any pro­ as in the (ii)such infamous conduct to al or other respect fession of the Governor in Council opinion him unfit to be allowed renders continue in pur­ to carry on business suance of the authorisation; in compounding, drugs or poisons, in Council shall or dispens­ (iii)negligence but ing or selling the Governor not re­ voke or refuse to extend any such by reason only of the authorisation by any other person of establishment adequate pharmaceutical the district was granted.
services in since the authorisation A.D. 1960] PHARMACY AND POISONS (AMENDMENT) [No.

26 9 granted authorisations under (10)Where the grant or extension of any under this section to the applicant authorisation shall refund in respect tion therefor.
is refused, the Registrar an amount equal to the fee of such grant or extension paid upon applica­ a list containing of the situation shall oause to be published ( 11)In the month of April in every year, the in the Gazette this section with of the respective to and a copy of the relate shall be publication the most recent Registrar of all persons which.were in force on the 31st March preceding particulars premises which such authorisations Gazette prima f acie evidence therein are authorised pense, or compound premises spective mises only and the absence person is not authorised supply in all courts that the persons dis­ drugs or poisons and on those pre­ therein, of the name of any therefrom in all courts that he to retail, shall be prima f acie evidence under this section to retail, on the re­ drugs or poisons."
under this section or compound mentioned dispense, listed supply 8.

Section 33 of the Principal therefor- substituted and the following "t!xcrnption 33.

Except with respe, nothing 10 sales by Ordinance, ::i';s 10 of this Ordinance :::r1e t as provided of this Part in the foregoing with- shall extend by rules made under this provisions to or interfere Ordinance is hereby repealed Repeal and ro-enactn,ent ol aection 33 01 the Prine� pal Ordinance.

certain per.

son,.

Sche>­ 'll,ira dule.


f·�urln Scheuule.

1-'iftl, Sch�dolc.
(a) the sale of any substance Schedule mentioned in the to this Ordinance; Third or Fourth or mentioned (b) the sale of drugs and medicines in to this Ordinance in the Fifth Schedule premises which are registered under this granted or to which any licence Ordinance, hereunder for use in trade or in­ relates, dustry or for agricultural purposes; or ( c) the sale_ of poisons by way of wholesale or horticultural or dealing; ( d) the sale of poisons chasers outside to be exported to pur­ or Guiana; British ( e) the sale of an article to a registered medical or registered practitioner, veterinary surgeon profession; or (f)the sale of an article registered dentist for the purpose of his with any hospital, for use in or in con­ dis­ approved by institution infirmary, nection pensary or similar the Board; or No, 2ti} THE LAWS OF BRITISH GUIANA [A.D. 1960 10 (g) the sale of an article by a person carrying on a business in the course are regularly sold either sale dealing or for use by the purchasers thereof in their trade or business of which poisons by way of whole­ to- ( 1 ) a person who requires the article-- ( i)for the purpose of his trade or busi­ ness; or (ii)for the purpose of enabling him to made comply with any requirements by or in pursuance with respect to employed of persons in any trade or business him; or of any enactment treatment by that person the medical carried on by department (2)a government the Government requiring purpose of the public authority with the exercise statutory the article by the authority or powers; (3)a person or institution requiring or an officer of the article for the or any local in connection concerned service, of any or research, with if the article education scientific is required for tion or research."
the purposes of that educa­ A111cr1dmcnt of sectin11 40 of by- 11Jc Pri:1.-:pal Ordinance.

9.
Section 40 of the Principal Ordinance is hereby amended (a) the deletion mendation (b)the insertion "Provided therefrom of the Board"; and thereafter of the following that where the Governor - proviso in Council of the words "on the recom­ having pursuant for the exercise to remove or add to this section to the Governor in Council from or to any of the said Schedules any recommendation proposes any substance without in that behalf been made to him by the Board, or where the Board has submitted recommendations conferred such nor in Council in recommendations Council shall inform and of making opportunity give the Board a reasonable with respect any observations thereto, any observation sion.•' of any powers and the Gover­ to implement or any of them, the Governor the Board of his proposals upon him by this section does not propose and shall take into consideration so made before reaching it may desire to make a final deci­ Section 43 of the Principal Ordinance is hereby amended of Amcn�mcnt scctfon 43 of 1he P1io1r'r:.l Ordinance.
by- 10.

(a)the substitution for the word "preparation" ion (1) of the word in para­ graph (a) and "preparations"; of subsect No: 26] THE LAWS OF BRITISH GUIANA [A.O.
1960 12 (a)by the substitution for the reference to section (a) 3 3 ( 1 ) of a reference 3 3 (a) ; to section (b)by the substitution from" appearing "SPECIAL and EXEMPTIONS" for the words "Creosote obtained to as in the list of substances referred of the word "Chloroform"; ( e)by the substitution the for the word "Cresote" before words "obtained stances referred word "Creosote".

from wood" appearing to as "SPECIAL EXEMPTIONS" in the list of sub­ of the 13.
The Fourth Schedule to the Principal Ordinance is here- ,.,f Amendment Fcurth Sche- d11lc I<> rl1e P1jm:ipa, Ordinance.

by amended by - Schedule.

for the reference 24B and 33(a); a reference (a)the substitution to sections (b)the substitution in of the substances listed nance; and ( c)the deletion for the substances in the Schedule listed there­ to this Ordi­ to section 33(1) (b) of marked with an asterisk of the words "Patent contain or Proprietary POISON".
to the Principal to section for the reference Ordinance 3 3 ( 1) ( c) of a is hereby medicines of Amendment Firth Sche­ dule to t1'e l1rindpal Ordinance.

14.

The Fifth Schedule amended reference by the substitution to section 33 (b).

of ,\rr.endmcnt Sixth Sche­ d•Jle to the P1inclpal Ordinance.

amended lettered 15.

The Sixth Schedule to the Principal Ordinance is hereby by the substitution for the word "Second" in the part thereof "A" of the word "Third".

Tr:tnsitiunal pru\'lsions.

16.


( 1) No person shall be deemed to be, after the commence­ entitled of the Principal ment of this Ordinance, provisions the ground that the right t.o do the same accrued upon him by or under the provisions the commencement to do anything as amended of this Ordinance.
Ordinance, in contravention by this Ordinance, to, or was confer,red of the on of the Principal Ordinance before (2)Every registered sicknurse and dispenser who before of this Ordinance, the commencement in pursuance granted of the provisions thereunder, mediately on business or any permission granted at the commencement section to retail, dispense, supply those contained was entitled of this Ordinance as amended any drug or poison List at the premises or compound in Part I of the Poisons of the Principal shall be deemed to have been 32 of the Principal by this Ordinance, other than where he to carry on business as aforesaid.
Ordinance, Ordinance, entitled was, im­ to carry Pills Ointment Alophen Anethaine Boots Cold and Influenza Tablets Boots Golden Eye Ointment Bromodeine Buckley's SCHEDULE Section 13 (b) Cough Syrup Meggezones Meggezones Lozenges Mercurochrome Mustacreme Dr. Morse's Pectolin Indian Diarrhoea Root Pills Mixture Solution Jack & Jill ( 1 % ) an authorisation under 13 A.D. 1960] PHARMACY AND POISONS (AMENDMENT) [No.

26 Collotone Tonic Dinner Pills Parado!


White Pine Cough Cough Mixture Acid ( 1 in 40) Buckley's Bynin Amara Calahist Carbolic Catarrhozone Codol Codol Compound Crooke's Dodd's Diamond Dr. Chase's Dr. John's Syrup Ebefos Epitone Evans C.T.L.

Famel Syrup Ferro!

Ferro!
Ferrozone Germolene Gouldings Mixture Tonic Cough Syrup Cream Green Cough Syrup Poison's Com Cure Putnam's Fever Mixture Rector's Indigestion Rector's Children's Regesan Roberts Baby Cough Syrup Robert's Soltan Tablax Tusana Cocillana Linctus Veganin Tablets Vicks Cetamium Vicks Formula Mixture Types 2 & 3 only (no mor­ phine salt) Calamine Tablets 44-Cough • Throat Tablets Mixture Compound for Children's Vicks Vapomist Vicks Vatronol Vicks Wild Wampole's Wampole's Wampole's Coughs & Colds Wills' Green Cough Syrup Waterbury's Hamilton's Pills Zube's Syrup-Plain Howard's Syrup-Mentholated Howard's Kellogg's Eye Water ManZan for Piles Compound Cough Mixture Eczema Ointment Cherry Cough Drops Creo-terpin Phospho-lecithin Preparation (M.P.
MED: C. 71/3/5).

(Leg.

Bill 16/1960).