### Pharmacy and Poisons Ordinance 《藥劑業及毒藥條例》

20. Restriction on use of certain titles, etc.
(1) Any person, other than a registered pharmacist or an authorized seller of poisons, who takes or uses in connection with any business engaged in the retail sale of poisons, or in the dispensing, compounding, or manufacturing of drugs, poisons or pharmaceutical products, any title, emblem or description which might reasonably be taken to suggest that he or any person employed by him is a registered pharmacist or that he is an authorized seller of poisons or that he or any person employed by him possesses any academic qualification other than the academic qualifications that he or his employee in fact possesses shall be guilty of an offence.
(2) For the purposes of this section the terms “chemist”, “druggist”, “pharmacist”, “pharmaceutical chemist”, “pharmaceutist”, “member of the Pharmaceutical Society”, or the Chinese terms “化學師” (Fa hok sz), “藥師” (Yeuk sz), “藥劑師” (Yeuk tsai sz), “藥劑化學師” (Yeuk tsai fa hok sz), “藥劑學家” (Yeuk tsai hok ka), “藥學會會員” (Yeuk hok wui wui yuen), or any combination of such terms in any language shall be deemed to be calculated to suggest that the person having control of the business is a registered pharmacist or that a registered pharmacist is employed in that business.
(3) For the purposes of this section the terms “pharmacy”, “dispensary”, “drug-store” or the Chinese term “藥房” (Yeuk fong) used in connection with premises shall be deemed to be calculated to suggest that such premises are premises registered under this Ordinance as premises of an authorized seller of poisons and are under the control of a registered pharmacist.
[cf. 1954 c. 61 s. 19 U.K.]

21. Conditions of sale of Part 1 poisons
(Amended E.R. 4 of 2015)Subject to sections 28 and 32, no poison included in Part 1 of the Poisons List shall be sold except on premises duly registered under this Ordinance as premises of an authorized seller of poisons by a registered pharmacist or in his presence and under his supervision.
(Amended E.R. 4 of 2015)[cf. 1933 c. 25 s. 18(1)(a) U.K.]

### Pharmacy and Poisons Ordinance 《藥劑業及毒藥條例》

22. Limitations on sale of Part 1 poisons
(Amended E.R. 4 of 2015)(1) Subject to this Ordinance, no authorized seller of poisons shall sell any poison included in Part 1 of the Poisons List to any person unless that person is a fit and proper person to whom the poison may be sold and is either— (Amended E.R. 4 of 2015)
(a) so certified in the specified form and in the manner prescribed by regulations by a person authorized by regulations to give a certificate for the purposes of this section; or
(b) known by the seller or by some registered pharmacist in the employment of the seller at the premises where the sale is affected.
(2) Every authorized seller of poisons shall keep in each set of registered premises at which poisons included in Part 1 of the Poisons List are sold a poisons book in the specified form. (Amended E.R. 4 of 2015)
(3) The seller of any poison included in Part 1 of the Poisons List shall not deliver it until— (Amended E.R. 4 of 2015)
(a) he has made or caused to be made an entry in the poisons book stating the date of the sale, the name, number of identity card and address of the purchaser and of the person by whom any certificate under subsection (1)(a) was given, the name and quantity of the article sold, and the purpose for which it was stated by the purchaser to be required; and (Amended 68 of 1995 s. 29)
(b) the purchaser has affixed his signature to the entry in the poisons book and the registered pharmacist by or in the presence of whom the sale was made has immediately thereafter countersigned such entry.
(3A) In this section, identity card (身分證) has the meaning assigned to it by section 1A of the Registration of Persons Ordinance (Cap. 177). (Added 68 of 1995 s. 29)
(4) Any authorized seller of poisons who fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine at level 2. (Amended 84 of 1992 s. 10)
(Amended 2 of 2015 s. 19)[cf. 1933 c. 25 s. 18(2) U.K.]

### Pharmacy and Poisons Ordinance 《藥劑業及毒藥條例》

23. Possession of Part 1 poisons prohibited
(Amended E.R. 4 of 2015)(1) No person shall have in his possession any poison included in Part 1 of the Poisons List otherwise than in accordance with the provisions of this Ordinance, the proof whereof shall lie upon him.
(2) Nothing in this Ordinance shall prohibit the possession by any person of any poison included in Part 1 of the Poisons List where such poison is obtained in the circumstances set out in section 28(1)(a), (b), (c) or (d). (Added 45 of 1984 s. 3)
(Amended E.R. 4 of 2015)

24. Possession of poisons by retailers
Every person other than an authorized seller of poisons or a listed seller of poisons carrying on a retail business in premises at which poisons are found shall until the contrary is proved be presumed to have such poisons in his possession for the purposes of sale.

### Pharmacy and Poisons Ordinance 《藥劑業及毒藥條例》

26. Conditions of sale of Part 2 poisons
(Amended E.R. 4 of 2015)Subject to sections 28 and 32, no poison included in Part 2 of the Poisons List shall be sold except by authorized sellers of poisons on premises duly registered under this Ordinance or by listed sellers of poisons.
(Amended E.R. 4 of 2015)[cf. 1933 c. 25 s. 18(1)(b) U.K.]

27. Poisons to be labelled, etc.
No person who is authorized to sell poisons included in either Part 1 or Part 2 of the Poisons List shall sell any such poison unless the container of the poison is labelled in accordance with regulations and displays— (Amended E.R. 4 of 2015)
(a) the name of the poison;
(b) in the case of a preparation of which one or more of the ingredients is a poison, particulars as to the proportion each poison bears to the total of the ingredients in the preparation;
(c) for a medicine, the text prescribed in respect of the medicine or the class to which the medicine belongs; (Replaced 2 of 2015 s. 21)
(ca) for a substance or mixture of substances that is not a medicine—
(i) the text prescribed in respect of the substance or mixture or the class to which the substance or mixture belongs; or
(ii) if no text is prescribed, “Poison 毒藥”; and (Added 2 of 2015 s. 21)
(d) the name of the seller of the poison and the address of the premises in which it was sold.
[cf. 1933 c. 25 s. 18(1)(c) U.K.]