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CROSS RIVER – PHARMACY LAW

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LAWS OF CROSS RIVER STATE

CHAPTER P5

PHARMACY LAW

ARRANGEMENT OF SECTIONS

PART 1

Missionary’s Permits

SECTION

  1. Missionary’s permits.

PART 2

Practice as Dispenser or Chemist

  1. Restrictions on dispensing drugs.
  2. Restrictions on import, sale or delivery of poisons.

Registration and Inspection of Premises

  1. Duty of authorised seller of poisons to register business premises.
  2. Authorised sellers of drugs to furnish registrar with list 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 3

Poisons

Disposal of Poisons

  1. Disposal of Poisons Book.
  2. Inspection of Disposal of Poisons Book.
  3. Penalty for offences against last two preceding sections.
  4. Regulations to be observed in dispensing and sale of poisons in Parts 1 and 2 of First Schedule.
  5. Penalty for making or procuring to be made false entry in Disposal of Poisons Book.

Restrictions on Sale of Poisons

  1. Regulations to be observed in the dispensing and sale of poisons in Part 3 of First Schedule.
  2. Restrictions on sale of poisons in Part 4 of First Schedule.
  3. Form of containers.
  4. How containers of articles in Part 5 of First Schedule to be marked.
  5. Refusal to dispense or sell, or negligently dispensing drugs and poisons.
  6. Conditions to be fulfilled by body corporate or firm in order to dispense or sell drugs or poisons.
  7. Containers of poisons for sale or use in practice of profession to be marked with name of poison and the word “Poison”.
  8. How poisons included in Part 1 of the First Schedule to be kept for professional use.
  9. Direction prescribed by British Parmacopoeia for keeping poisons to be observed.
  10. Professional men to keep a list of poisons hung near cupboard where poisons are kept.
  11. Supply of medicines to outpatients from certain hospitals.
  12. Supply of medicine by dispensary attendant.
  13. Supply of medicines for use in hospitals, etc.
  14. Storage of poisons in institutions.
  15. Penalty for contravening or failing to comply with provisions of seven preceding sections.
  16. Duty of medical practitioners and others supplying poisons to cause containers to be labelled.
  17. Special cautions in the case of certain articles.

PART 4

Exemptions

  1. Exemptions from certain provisions.

PART 5

Control of Sale of Patent and Proprietary Medicines

  1. Disclosure of composition of medicines.
  2. Control of sale of patent and proprietary medicines.
  3. Patent or proprietary medicines to be in original container properly secured.

PART 6

Licensing Authority

  1. Licensing authority.
  2. Powers of the licensing authority.
  3. Licensing authority to keep registers.

PART 7

Advertisements

  1. Prohibition of advertisements relating to certain diseases.
  2. Prohibition of advertisements relating to abortion.

PART 8

Parties to Offences and Penalties

  1. Persons attempting, soliciting, or inciting others to commit offences.
  2. Where company convicted, chairman, directors and officers guilty of like offence.
  3. Offence.
  4. Penalty.

PART 9

Miscellaneous

  1. Power to make regulations.

PART 10

Interpretation

  1. Interpretation.
  2. Short title.

SCHEDULES

FIRST SCHEDULE

Poisons to which sections 13, 15, 16 and 18 apply

SECOND SCHEDULE

Exceptions from Part 4

THIRD SCHEDULE

Forms

FOURTH SCHEDULE

Fees

 

CHAPTER P5

PHARMACY LAW

A Law to regulate the Sale and Distribution of Drugs and Poisons.

(1st March, 1946)

[Commencement.]

PART 1

  1. Missionary’s permits

(1)     The Board shall grant a permit called a missionary’s permit in accordance with Form A set forth in the Third Schedule to mix, compound, prepare or dispense drugs and poisons subject to the provisions of this Law to a missionary on the following conditions—

(a)     the missionary’s application for a permit has received the recommendation in writing of the Local Government Secretary of the area in which such missionary is residing; and

(b)     the applicant for a missionary’s permit has adduced proof to the satisfaction of the Board that he has for a period of not less than six months or two terms attended at some recognised course of training for missionaries in medical subjects.

(2)     A missionary’s permit shall be subject to—

(a)     the regulations to be observed in the dispensing of poisons by virtue of this Law and any regulations made there-under; and

(b)     such restrictions as may from time to time be imposed by the Board.

PART 2

Practice as a Dispenser or Chemist

  1. Restrictions on dispensing drugs

No person shall mix, compound, prepare or dispense any drug or poison unless he is a dispenser or a chemist, or being a missionary has received a permit in that behalf issued in accordance with the regulations made under this Law.

  1. Restrictions on import, sale or delivery of poisons

No person shall import, sell or deliver any poison specified in the First Schedule, whether such poison is contained in a patent or propriety medicine or preparation or not, unless he is—

[First Schedule.]

(a)     a selling dispenser; or

(b)     a chemist; or

(c)     a missionary who holds a valid permit granted under regulations made under this Law; or

(d)     in the case of poisons specified in Part 4 of the First Schedule, the holder of a valid licence granted under paragraph (1) of subsection (3) of section 16 of this Law.

Registration and Inspection of Premises

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

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

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

(3)     On an application for registration under this section, there shall be payable 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 shall 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 him.

(4)     If a person on whom a demand has been made, in the manner prescribed in the regulations, for payment of a retention fee payable by him under this section fails to pay the fee within two months after the date on which the demand thereof was made, the Board 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 Board 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 shall be restored to the register and, if the Board so directs, the restoration shall have effect as from the date on which the premises were removed from the register.

(5)     The registration of any premises under this section shall become void on the expiration of fourteen 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 shall be admissible in any proceedings as evidence that those premises were, or were not, registered on that date.

(7)     Upon the appointment in the Cross River State of a prescribed authority, the functions of the registrar and of the Board under this section and under sections 7, 8 and 9 shall be vested in such authority.

  1. Authorised sellers of drugs to furnish registrar with list of shops and selling dispensers and chemists in charge

(1)     Every selling dispenser or chemist shall in the month of January in each year send to the registrar a list of all the premises where his 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 shall be liable in respect of each offence, to a fine of ten naira and to a further fine of two naira for every day subsequent to the day on which he is convicted of the offence during which the default continues.

  1. Persons authorised to enter registered premises and take samples

(1)     Any Government medical officer, police officer, not below the rank of assistant superintendent, or inspector authorised by the Board shall, for the purpose of securing compliance with this Law, have power at all reasonable times to enter any premises in which a dispenser, chemist, seller of patent medicines or poisons included in Part 4 of this Law, carries on business or in which he has reasonable cause to suspect that a breach of the Law has been committed in relation to the sale of drugs or poisons and in either case shall have power to make such examination and inquiry and do such other things, including the taking of samples on payment, as may be necessary for ascertaining whether the provisions aforesaid are being complied with.

(2)     Any person who willfully delays or obstructs such Government medical officer, police officer, not below the rank of assistant superintendent, or inspector authorised by the Board in the exercise of any powers under this section, or refuses to allow any sample to be taken in accordance with the provisions of this section, or fails without reasonable excuse to give any information which he is duly required under this section to give, shall in respect of each offence be liable to a fine of ten naira.

(3)     Without prejudice to the foregoing provisions it shall be the duty of every person who appears to be conducting in any premises any business which comprises the retail sale of drugs or poisons to state, on being required so to do by a Government medical officer, police officer, not below the rank of assistant superintendent, or inspector authorised by the Board, who the owner of the business is, and to produce for inspection all books kept in accordance with the provisions of this Law and if any person fails without reasonable cause to comply with the provisions of this subsection he shall be liable in respect of each offence, to a fine of ten naira.

  1. Inspection of drugs and poisons

(1)     (a)   If a Government medical officer, police officer, not below the rank of assistant superintendent, or inspector authorised by the Board enters any premises where a dispenser mixes, prepares, compounds or dispenses drugs or poisons or any premises where any selling dispenser sells drugs or poisons, or any place where any chemist carries on his business and shall have reasonable cause to suspect that any drugs, poisons or wares therein are unwholesome, deteriorated, impure or adulterated, he may seize samples of the said drugs, poisons or wares being shown to be unwholesome, deteriorated, impure or adulterated, such dispenser, selling dispenser or chemist shall be guilty of an offence.

(b)     Such dispenser, selling dispenser or chemist shall, on summary conviction, be liable to a fine of ten naira for a first offence and to a fine of twenty naira for any subsequent offence; and the court shall, in addition to any other penalty to which the offender may be liable, at the request of the Government medical officer, police officer, or inspector, order the drugs or poisons or wares in respect of which the conviction shall be had to be given up to the medical officer, police officer or inspector, as the case may be, for the purpose of being destroyed.

(2)     (a)    If a Government medical officer, police officer, not below the rank of assistant superintendent, or inspector authorised by the Board enters any premises where drugs, patent medicines, proprietary medicines or wares used in medical treatment or the treatment of human ailments are sold, and has cause to suspect that any drugs, patent medicines, proprietary medicines or wares therein are unwholesome, deteriorated, impure or adulterated, he may seize samples of the said drugs, patent medicines, proprietary medicines or wares, and cause them to be sent to a qualified analyst for examination. In the event of the said drugs, patent medicines, proprietary medicines or wares being shown to be unwholesome, deteriorated, impure or adulterated, the proprietor or any person controlling such a place of business shall be guilty of an offence.

(b)     The proprietor or person controlling such a place of business shall be liable to the penalties prescribed in paragraph (b) of subsection (1) and the Court shall in addition to such penalties as to which the offender may be liable on conviction, at the request of the Government medical officer, police officer, or inspector, order the drugs, medicines or wares in respect of which the conviction shall be had to be given up to the medical officer, police officer, not below the rank of assistant superintendent, or inspector to be destroyed.

PART 3

Poisons

Disposal of Poisons

  1. Disposal of Poisons Book

Every selling dispenser and chemist shall if he sells any poison included in Part 1 of the First Schedule, keep a book called “The Disposal of Poisons Book” which shall be in the Form B set forth in the Third Schedule and shall enter therein the prescribed details of every disposal of such poison by him.

[Form B. Third Schedule.]

  1. Inspection of Disposal of Poisons Book

Any Government medical officer, police officer, or inspector authorised by the Board may at all reasonable times inspect the Disposal of Poisons Book kept under the provisions of the last preceding section and any person refusing or failing to produce such book for inspection when demanded shall be guilty of an offence.

  1. Penalty for offences against last two preceding sections

Any person found guilty of an offence against the provisions of the last two preceding sections shall be liable to a fine of ten naira.

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

(1)     No selling dispenser or chemist shall sell or deliver any poison included in Part 1 of the First Schedule, to any person unless that person is known to the seller or introduced by some person known to the seller to be a person to whom the poison may properly be sold.

(2)     The seller of any such poison shall not deliver it until—

(a)     he has made or caused to be made an entry duly signed by him, in the Disposal of Poisons Book stating the date of the sale, the name and address of the person to whom it is delivered, the name and quantity of the article sold, and the purposes for which it is stated by the purchaser to be required, and he has satisfied himself that the poison required for the purpose stated; and

(b)     the purchaser has affixed his signature to the entry aforesaid.

(3)     No selling dispenser or chemist shall sell any poison whether included in Part 1 or in Part 2 of the First Schedule unless the container of the poison is distinctly labelled—

(a)     with the name of the poison; and

(b)     with the word “poison” or other prescribed indication of the character of the article; and

(c)     in the case of a preparation which contains a poison as one of the ingredients thereof, with the prescribed particulars as to the proportion which the poison contained in the preparation bears to the total ingredients; and

(d)     with the name of the selling dispenser or chemist selling or delivering such poison and the address of the premises on which it was sold or delivered.

(4)     Any selling dispenser or chemist who contravenes any of the foregoing provisions of this section shall be liable to a fine of fifty naira or to imprisonment for a term of three months.

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

Any person who—

(a)     willfully makes, procures or suffers to be made any false entry in a Disposal of Poisons Book; or

(b)     being an assistant, apprentice or shop man signs the name of the selling dispenser or chemist in whose employ he is in the Disposal of Poisons Book with intent to deceive; and

(c)     any person who aids and abets any such person as mentioned in sub-paragraphs (a) and (b) of this section, shall be guilty of an offence.

Restrictions on Sale of Poisons

  1. Regulations to be observed in the dispensing and sale of poisons in Part 3 of First Schedule

*(1)   No selling dispenser or chemist shall sell or deliver any poison in Part 3 of the First Schedule except on an order signed by a registered dental surgeon, registered veterinary surgeon, or selling dispenser or chemist; or on and in accordance with a prescription given by a registered medical practitioner, registered dental surgeon, or registered veterinary surgeon.

(2)     For the purposes of this section a prescription shall—

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

(b)     state the address of the person giving it;

(c)     state the name and address of the person for whose treatment it is given or, if the prescription is given by a registered dental surgeon of the person to whom the medicine is to be delivered;

(d)     if given by a registered veterinary surgeon, have written thereon, the words “for animal treatment only”;

(e)     indicate the total amount of the medicine supplied and the dose to be taken.

(3)     A selling dispenser or chemist dispensing the prescription shall comply with the following requirements—

(a)     the prescription must not be dispensed more than once unless the prescriber has stated thereon that it may be dispensed more than once;

(b)     if the prescription contains a direction that it may be dispensed a stated number of times or at stated intervals, it must not be dispensed otherwise than in accordance with the directions;

(c)     at the time of dispensing there must be noted on the prescription above the signature of the prescriber the name and address of the seller and the date on which the prescription is dispensed;

(d)     in all cases where such a prescription has been dispensed the maximum number of times allowed, it shall be retained for a period of two years, and kept on the premises on which it was dispensed in such manner as to be readily available for inspection.

(4)     Any person who acts in contravention of or fails to comply with any of the provisions of this section shall be liable in respect of each offence to a fine of twenty naira.

  1. Restriction on sale of poisons in Part 4 of First Schedule

(1)     No selling dispenser or chemist, and no person to whom a licence has been granted by a licensing authority in accordance with the Form C set forth in the Third Schedule, shall sell or deliver any poison included in Part 4 of the First Schedule, unless—

[Form C. Third Schedule.]

(a)     the sale is effected at the normal place of business of the said selling dispenser, chemist or person to whom a licence has been granted;

* The sale or delivery of certain other drugs is restricted by the Food and Drugs Decree, 1974, No. 35.

(b)     the container of the substance is labeled with the name of the substance and the word in red letters “Poison”, and with the name and address of the seller of the substance, and unless such other conditions as may be prescribed are complied with.

Any person who acts in contravention of or fails to comply with the provisions of this subsection shall be liable in respect of each offence to a fine of ten naira.

(2)     Any person, other than a selling dispenser or chemist, who desires to be licensed to sell substances to which this section applies, shall—

(a)     submit an application in writing to the licensing authority stating his full name, address, occupation and a description of the premises on which it is proposed to sell the poisons;

(b)     submit to the licensing authority a list of the substances to be sold by him;

(c)     furnish evidence that he is a fit and proper person to receive a licence to sell poisons specified in Part 4 of the First Schedule and that the premises in which he proposes to carry on business are suitable for the purpose; and

(d)     pay the prescribed fee.

(3)     (a)    If the licensing authority is satisfied that the applicant is a fit and proper person, carrying on such a business as to warrant the sale of the poisons specified in Part 4 of the First Schedule, he may, upon payment of the prescribed fee, issue to the applicant a licence in the Form C set forth in the Third Schedule.

[Part 4 of First Schedule. Form C. Third Schedule.]

(b)     A licence granted under this subsection shall authorise the sale of poisons specified in Part 4 of the First Schedule in accordance with the provisions of this Law upon the premises specified in the licence and shall expire on the 31st day of December of the year in which it is granted.

(c)     A licence granted under this subsection may be renewed upon payment of the prescribed fee.

  1. Form of containers

(1)     No selling dispenser or chemist, or person to whom a licence has been granted by a licensing authority in accordance with the Form C set forth in the Third Schedule, shall sell, whether wholesale or retail, or deliver any poison unless—

[Form C. Third Schedule.]

(a)     it is contained in a container impervious to the poison and sufficiently stout to prevent leakage arising from ordinary risks of handling and transport; and

(b)     in the case of liquid contained in a glass bottle of a capacity of not more than one hundred and twenty fluid ounces, not being a medicine made up ready to be taken for the internal treatment of human ailments or a local anesthetic for injection in the treatment of human or animal ailments, the outer surface of the bottle is fluted vertically with ribs or grooves recognisable by touch.

(2)     Paragraph (b) of subsection (1) shall not apply to the sale or supply of poisons to a person or institution concerned with scientific education or research or chemical analysis, for the purposes of that education, research or analysis.

(3)     In paragraph (b) of subsection (1) the expression “medicine made up ready to be taken for the internal treatment of human ailments” includes any medicine to be administered by hypodermic injection but does not include any mouth-wash, eye-drops, eye-lotion, ear-drops, douche or similar article.

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

The container of any article specified in Part 5 of the First Schedule shall, instead of being labeled with the word “Poison”, be labeled with the words specified in the said Schedule as applicable to that article and the meaning of the said words shall not be modified by the addition of any other words or marks.

  1. Refusal to dispense or sell, or negligently dispense drugs and poisons

(1)     If a selling dispenser or a chemist at any time willfully refuses to mix, prepare, compound, dispense or sell, or falsely or negligently mixes, prepares, compounds, dispenses or sells to any person any drug or poison or appliance or thing used in medical treatment and in his shop or premises contained, as directed in any prescription or order, signed with the name or initials of any registered medical practitioner, registered dental surgeon, or registered veterinary surgeon, such selling dispenser or chemist shall be liable for a first offence to a fine of ten naira, and for a second offence to a fine of twenty naira and for a third or any subsequent offence to a fine of forty naira.

(2)     If a dispenser at any time falsely or negligently mixes, prepares, compounds, or dispenses any drug or poison or willfully refuses to mix, prepare, compound or dispense any drug or poison as directed in any prescription signed with the name or initials in his own handwriting of any registered medical practitioner, registered dental surgeon, registered veterinary surgeon, such dispenser shall be liable for a first offence to a fine of ten naira and for a second offence to a fine of twenty naira and for a third or any subsequent offence to a fine of forty naira.

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

(1)     Nothing in this Law contained shall operate to prevent any body corporate, a company as defined in the Companies Act or a firm as defined in the Registration of Business Names Act, carrying on a business which comprises the dispensing or selling of any drug or poison within the meaning of this Law from carrying on such business if the following conditions are complied with—

(a)     in all premises where the business is carried on, the business must, so far as concerns the dispensing or sale of drugs or poisons, be carried on under the direct personal control and management of a superintendent who is a selling dispenser or a chemist;

(b)     every sale of poison must be effected on behalf of such body corporate, company or firm by a person who is a selling dispenser or a chemist; and

(c)     no drug or poison shall be mixed, prepared, compounded or dispensed on behalf of such body corporate, company or firm except by a dispenser or chemist.

(2)     Notwithstanding the restrictions imposed by section 12 of the Pharmacists Act, 1964, on the use of certain titles, emblems and descriptions, a body corporate, company or firm lawfully dispensing or selling drugs or poisons in accordance with the provisions of this section may assume, use and exhibit, any name, title, description or symbol indicating that it is a dispenser and, if it employs a superintendent who is a chemist, any name, title, description or symbol indicating that it is a chemist.

(3)     The provisions of sections 10 to 19, mutatis mutandis, apply to any such body corporate, company or firm dispensing or selling drugs or poisons in accordance with the provisions of this section, in like manner as they apply to dispensers, selling dispensers or chemist as the case may be:

Provided that the prosecution of any such body corporate, company or firm for any offence committed under any of the said sections shall not exempt from liability any individual who may have committed or been party to the commission of any such offence.

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

Every person keeping any poison which is for sale or use in the practice of his profession shall cause each bottle, box or package containing such poison to be labeled with the name of the poison, and also with the word “Poison” in red letters, or on a red background.

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

Every person keeping any poison which is for sale or for use in the practice of his profession and which is included in Part 1 of the First Schedule shall keep it according to one or other of the following systems—

(a)     in a bottle or vessel tied over, capped, locked or otherwise secured in a manner different from that in which bottles containing ordinary articles are kept in the same warehouse, shop, dispensary or other place; or

(b)     in a bottle rendered distinguished by touch from the bottles in which ordinary articles are kept in the same warehouse, shop, dispensary or other place; or

(c)     in a bottle, vessel, box or package kept in a room or cupboard set apart for poisons.

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

Where any directions are laid down in the British Pharmacopoeia for the keeping of any particular poison, every person keeping that poison shall keep it in accordance with those directions.

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

Every registered medical practitioner, and every registered dental surgeon and every registered veterinary surgeon and every chemist and every selling dispenser shall, if he keeps any of the poisons enumerated in the First Schedule, cause a list of the poisons which he is keeping to be hung in the immediate vicinity of the cupboard or place where the poisons are kept and shall cause to be similarly hung a list, authorised by the Board, of poisons and their antidotes.

  1. Supply of medicines to outpatients from certain hospitals

(1)     The provisions of this Law except the provisions of section 31 shall not apply with respect to—

(a)     any medicine for the treatment of human ailments dispensed from a hospital, infirmary or dispensary maintained by any public authority or out of public funds, or by a charity;

(b)     any medicine for the treatment of animals supplied from a veterinary hospital which is under the superintendence of a registered veterinary surgeon;

(c)     if the requirements contained in the following provisions of this section are satisfied in relation thereto.

(2)     The medicine must not be supplied except by, or on and in accordance with a prescription of, a duly qualified medical practitioner for the purposes of medical treatment, or a registered dental surgeon for the purposes of dental treatment, or a registered veterinary surgeon for the purposes of animal treatment.

(3)     In a case where a substance included in Part 1 for the First Schedule is supplied, a record must be kept on the premises in such a way that there can readily be traced at any time during a period of two years after the date on which the substance was supplied the following particulars—

[Part 1 of First Schedule.]

(a)     the name and quantity of the poison supplied; and

(b)     the date on which the poison was supplied; and

(c)     the name and address of the person to whom the poison was supplied; and

(d)     the name of the person who supplied the poison or who gave the prescription upon which it was supplied.

(4)     The container of the medicine must be labeled—

(a)     with a designation and address sufficient to identify the hospital, infirmary, dispensary or institution from which it was supplied;

(b)     except in the case of a medicine made up ready for treatment, with the word “Poison”;

(c)     in the case of a poison supplied from a veterinary hospital, with the words “For animal treatment only”, and in the case of a medicine to which the provisions of section 30 apply the requirements of that section shall be satisfied in addition to the requirements aforesaid.

  1. Supply of medicine by dispensary attendant

(1)     Nothing in subsection (2) of section 25 shall be deemed to extend or apply to the supply of medicine by a dispensary attendant from a dispensary maintained by Government, Local Government or mission, provided that—

(a)     the medicine supplied by the dispensary attendant shall be that dispensed and supplied to him by a dispenser from a hospital which is under the control of a medical officer, and in case of a dispensary maintained by a mission, the medicine supplied shall be that dispensed by a dispenser or missionary to whom a permit has been granted under section 3 of this Law;

(b)     in supplying the medicine the dispensary attendant shall adhere to the general instructions of a medical officer, and when under a mission, the instructions of a medical practitioner.

(2)     In the preceding subsection—

(a)     the expression “dispensary attendant” means a person who has received, to the satisfaction of a registered medical practitioner, training in nursing, and also training in the performance of simple dispensing operations; and

(b)     the expression “dispensary” means an institution for the reception of the sick as outpatients, and which is under the control of a dispensary attendant.

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

(1)     This and the next following section apply to any hospital infirmary, dispensary, clinic, nursing home or other institution at which human ailments are treated, hereinafter referred to as an institution.

(2)     In any institution in which medicines are dispensed in a dispensing department in charge of a person appointed for that purpose, no medicine containing a poison shall be supplied from that department, except in cases of emergency, for use in wards, operating theatres or other sections of the institution, except in accordance with the requirements contained in the following provisions of this section.

(3)     The medicines must not be supplied except upon a written order signed by a duly qualified medical practitioner, registered dental surgeon, or by a nursing sister in charge of a ward, theatre or other section of the institution.

(4)     The container of the medicine must be labeled—

(a)     with words describing its contents; and

(b)     in the case of substances included in Part 1 of the First Schedule with a distinguishing mark or other indication indicating that the poison is to be stored in a cupboard reserved solely for the storage of poisons.

[Part 1 of First Schedule.]

  1. Storage of poisons in institutions

(1)     In any institution in which medicines are dispensed in a dispensing department in charge of a person appointed for the purpose, all poisons other than those issued for use within the institution must be stored in that department or in a store.

(2)     In the foregoing subsection the expression “store” means a building or room which is not connected to the dispensing department and which is used solely for the storage of drugs, poisons and other hospital equipment in the charge of a person appointed for the purpose.

(3)     In any institution to which subsection (1) of this section does not apply, all poisons other than those issued for use within the institution must be stored—

(a)     in the charge of a person appointed for the purpose by the governing body or person in control of the institution; and

(b)     in the case of substances which are included in Part 1 of the First Schedule to this Law either in a cupboard or drawer, or on a shelf, reserved solely for the storage of poisons.

[Part 1 of First Schedule.]

In a case where a poison is stored on a shelf, the container of the poison must be rendered distinguishable by touch from the containers of articles other than poisons stored on the same premises, or the shelf or shelves must be labelled conspicuously with the word “poison” written in bold characters with red ink.

(4)     In every institution every substance included in Part 1 of the First Schedule to this Law which is stored in the wards must be stored in a cupboard reserved solely for the storage of poisons and poisonous substances.

[Part 1 of First Schedule.]

(5)     All places in which poisons are required by this Law to be stored must be inspected at regular intervals of time not exceeding three months by the medical officer in charge of the institution or by some other person appointed for the purpose by the governing body or person in control of the institution.

  1. Penalty for contravening or failing to comply with provisions of seven preceding sections

Any person who acts in contravention of or fails to comply with any of the provisions of the seven preceding sections shall be liable, on summary conviction, in respect of each offence, to a fine not exceeding ten naira.

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

(1)     Every registered medical practitioner or registered dental surgeon who shall supply to his patient, and every registered veterinary surgeon, who shall supply for an animal under his care any medicine being or containing a poison mentioned in Part 1 of the First Schedule, shall cause the bottle, wrapper, or cover in which such medicine is contained to be distinctly labeled with the name of the person to whom the same is supplied and, unless the medicine is for internal use, with the words “For external use only” and shall enter in a book to be kept for the purpose of this provision the following particulars—

[Part 1 of First Schedule.]

(a)     the ingredients of the medicine and the quantity thereof supplied; and

(b)     the name of the person to whom it was supplied.

(2)     Any registered medical practitioner, registered dental surgeon or registered veterinary surgeon who fails to comply with any of the provisions of subsection (1) shall be liable in respect of each offence to a fine of fifty naira.

  1. Special cautions in the case of certain articles

No person shall sell or supply any poison—

(a)     in the case of a liquid other than a medicine contained in a bottle of a capacity of not more than one hundred and twenty fluid ounces, unless the bottle is labeled with the words “Not to be taken”;

(b)     in the case of an embrocating, liniment, lotion, liquid antiseptic, or other liquid medicine for external application, unless the container is labeled with the name of the article and words “For external use only”.

PART 4

Exemptions

  1. Exemptions from certain provisions

(1)     Nothing contained in section 10 or 13 shall apply to any medicine supplied by a selling dispenser or chemist in pursuance of a written prescription of any registered medical practitioner, registered dental surgeon or registered veterinary surgeon, if before delivering the same the selling dispenser or chemist labels or causes the bottle, wrapper, or cover in which such medicine is contained to be distinctly labeled in the following manner—

(a)     with his name and address and the name and, if it is known, the address of the person to whom it was supplied; and

(b)     unless the medicine is for external use with the words “Poison – For external use only”;

(c)     and enters in a book to be kept by him for the purpose—

(i)      the prescription;

(ii)     the name of the person who has signed the prescription; and

(iii)    the person to whom and the date on which the medicine has been delivered.

(2)     Nothing contained in any of the preceding sections shall apply to the sale of any of the following articles—

(a)     any patent, proprietary or homoeopathic medicine or packed goods if—

(i)      the provisions of this Law relating thereto are complied with; and

(ii)     such medicine is sold in a box, vessel or parcel under the same wrapper or cover under which it was imported into Nigeria; or

(iii)    such medicine is prepared by any person acting as a selling dispenser or chemist in Nigeria and the parcel, the label, description or recommendation of which has been approved by the Board:

Provided always that such box, bottle, vessel or parcel is properly secured and bears the seal, name or trade mark of the proprietor, inventor or manufacturer thereof and that with each box, bottle, vessel or parcel directions for the use of the contents thereof are supplied;

(b)     mineral or artificial waters, or the chemical or other materials employed in their preparation;

(c)     any vegetable gum, oil or seed in its natural state, not being a poison, though the same may be employed in medicine;

(d)     any vegetable gum, or seed in its natural state, whether a poison or not, to any person authorised by the appropriate Federal authority in writing to buy such vegetable gum, oil or seed for the purpose of exporting it from Nigeria;

(e)     any herbal or native preparation not being a poison which is supplied by any person dealing only with herbal or other native preparations used as medicine in Nigeria.

(3)     Nothing hereinafter contained shall be deemed to extend or apply to the supply, importation, mixing or possession of any drugs or poisons—

(a)     by officers of the agricultural or veterinary services of the Government for agricultural, horticultural or veterinary purposes;

(b)     by a Government analyst for the practice of his profession or employment in such capacity;

(c)     by any other Government department for any purposes approved by the Board;

(d)     by any person engaged in scientific or industrial research or for the practice of his profession or employment and subject to the permission in writing of the Board and to the conditions therein prescribed.

(4)     Nothing hereinbefore contained shall be deemed to extend or apply to the importation or sale of any of the articles enumerated in the Second Schedule.

[Second Schedule.]

PART 5

Control of Sale of Patent and Proprietary Medicines

  1. Disclosure of composition of medicine

(1)     No person shall—

(a)     sell by retail any patent or proprietary medicine or packed goods hereinafter referred to as article; or

(b)     supply any such article as a sample for the purpose of inducing persons to buy by retail the substance of which it consists or which it comprises, unless there is written so as to be clearly legible on the article or label affixed thereto, or, if the article is sold or supplied as aforesaid in a container, on the container or a label affixed thereto or, if the article is sold or supplied as aforesaid in more than one container, on the inner container or a label affixed thereto—

(i)      the appropriate designation of the substance so recommended or of each of the active constituents thereof, or of each of the ingredients of which it has been compounded; and

(ii)     in a case where the appropriate designation of each of the active constituents or the ingredients is written as aforesaid, the appropriate quantitative particulars of the constituents or ingredients:

Provided that this subsection shall not apply to any medicine made up and supplied for the use of a particular person, being a medicine prescribed by reference to the needs of that person.

Definitions

(2)     In the preceding subsection—

(a)     the expression “appropriate designation”, in relation to a substance, constituent or ingredient, means—

(i)      in a case where the substance, constituent or ingredient is a poison included in the Schedules, the name with which the container of the poison is for the time being required to be labeled in pursuance of subsection (3) of section 13;

(ii)     in a case where the substance, constituent or ingredient is not such a poison and is described in any of the monographs contained in the edition of the British Pharmacopoeia or the British Pharmaceutical Codex which was last published before the date on which the article was sold or supplied, the description set out at the head of that monograph;

(iii)    in a case where the substance, constituent or described, the accepted scientific name, or other name descriptive of the true nature, of the substance, constituent or ingredient;

(b)     the expression “appropriate quantitative particulars”, in relation to the active constituents or the ingredients of a substance, means—

(i)      the approximate percentage of each of those substance or the approximate quantity of each of those constituents or ingredients contained in the article sold or supplied; or

(ii)     in a case where the said article consists of or comprises a number of separate portions of the substance, either the approximate percentage or quantity aforesaid, or the approximate quantity of each of the constituents or ingredients contained in each portion; and

(c)     the expression “container” includes a wrapper.

(3)     If any person sells or supplies an article in contravention of the preceding provisions of this section, he shall, subject to the provisions of this Law be liable—

(a)     in the case of a first conviction, to a fine of forty naira; and

(b)     in the case of a subsequent conviction, to a fine of two hundred naira, or to imprisonment for a term of three months, or to both such fine and imprisonment.

  1. Control of sale of patent and proprietary medicines

(1)     No person shall—

(a)     sell or deliver any patent or proprietary medicine or packed goods unless he is either—

(i)      a selling dispenser or pharmaceutical chemist; or

(ii)     the holder of a patent or proprietary medicines vendor’s licence as in Form C in the Third Schedule;

[Form D, Third Schedule.]

(b)     display, hawk or sell patent medicine—

(i)      in a market;

(ii)     in a street;

(iii)    in a canoe, boat, ferry, pontoon, ship, launch or other watercraft;

(iv)    on a road-side;

(v)     in a motor vehicle, or in or at any place other than a shop or store licensed for that purpose by the licensing authority;

(c)     advertise by drumming or dancing publicly or in any other way lure members of the public to buy any patent medicine;

(d)     register his premises with any false or misleading inscription thereby holding out the same as a pharmacy, medical center, a medical store or chemist shop.

(2)     If any person contravenes any of the provisions of subsection (1) he shall be liable in respect of each offence to a fine of twenty naira.

(3)     Every applicant for the patent and proprietary medicines licence shall produce evidence to the satisfaction of the licensing authority—

(a)     in the case of an individual—

(i)      that he has attained the age of twenty-one years; and

(ii)     that he is of good character and certified as such by two satisfactory references; and

(b)     in the case of a person other than an individual, that the nature of the business is such as to warrant the sale of such medicines.

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

(1)     Every patent or proprietary medicine or packed goods shall be sold, subject to any other provisions of this Law, intact in the box, bottle, vessel or parcel and under the wrapper or cover under which it was imported or if imported unpacked in bulk in the box, bottle, vessel or parcel under which it is packed and made ready for sale in Nigeria, and in each case such box, bottle, vessel or parcel shall be properly secured and bear the name or trade mark of the proprietor or manufacturer thereof, but nothing herein contained shall apply to a patent or proprietary medicine or packed goods prepared by a selling dispenser or chemist, or to the supply by a dispenser, selling dispenser or chemist, of any imported patent or proprietary medicine or packed goods, for the purpose of complying with a prescription given by a duly registered medical practitioner, registered dental surgeon or registered veterinary surgeon.

(2)     No person other than a selling dispenser or chemist shall import in bulk and subsequently repack any patent or proprietary medicine.

PART 6

Licensing Authority

  1. Licensing authority

The licensing authority shall be such person as the President of the Federal Republic of Nigeria shall prescribe.

  1. Powers of the licensing authority

(1)     The licensing authority shall have power to grant licenses to authorise the holders thereof to sell the substances to which sections 16 and 33 apply.

(2)     No person holding a patent and proprietary medicines licence shall use in connection with his business any name or title or description calculated to suggest that he is entitled to sell any substance other than that which he is entitled under the said licence to sell.

(3)     If any person contravenes the provisions of the immediately preceding subsection he shall be liable to a fine of fifty naira or to imprisonment for a term of three months or to both such fine and imprisonment.

(4)     Licences granted by the licensing authority shall be conspicuously exhibitted in the holder’s place of business or shall be produced on demand by a person authorised in this respect by the licensing authority.

(5)     Such licences shall expire on the 31st December of the year in which the licence is granted but may be renewed from year to year on payment of the prescribed fee:

Provided that any licence not renewed for a continuous period of two years shall not be renewable.

(6)     (a)  If a licence issued under subsection (1) of this section has been lost, destroyed or accidentally defaced, the holder of the licence shall apply in writing to the licensing authority for a duplicate licence and the licensing authority upon being satisfied as to such loss, destruction or defacement and upon the surrender of such licence in cases where the licence has been so defaced shall issue a duplicate so marked upon the payment of two naira fifty kobo.

(b)     A duplicate licence issued under the provisions of the last preceding paragraph shall have the same effect as the original licence.

(7)     If the holder of a licence issued under subsection (1) of this section desires to vary the address thereon, he shall apply in writing to the licensing authority and the licensing authority upon being satisfied shall cause such address to be so varied upon the payment of a fee of two aira fifty kobo.

  1. Licensing authority to keep registers

(1)     The licensing authority shall keep registers in the Forms E and F respectively set forth in the Third Schedule of all persons licensed under the preceding sections, and shall in the month of January in each year send to or submit to the registrar and to the authority prescribed under section 45 of this Law for the purpose of section 6 of this Law a list of the names and addresses entered in his register.

(2)     (a)  The licensing authority shall have power to refuse to enter in the registers the name of any person who, in the opinion of the authority, is not fit to be on the list.

(b)     A person aggrieved by the refusal of the licensing authority to enter his name on the register or by the removal of his name from the register by the licensing authority may, at any time within fourteen days from the date on which notice of the refusal or of the removal, as the case may be, is given to him, appeal against the refusal or removal to the Board whose decision shall be final.

PART 7

Advertisements

  1. Prohibition of advertisements relating to certain diseases

(1)     No person shall take any part in the publication of any advertisement by any method whatsoever (including any notice, circular, label or wrapper or other document, or by canvassing), referring to the sale, supplying, or offering for sale, or offering to supply any medicine or surgical appliance, or referring to the administration of, or the offering to administer any treatment to the public whether directly or indirectly or by implication as being effective for the purpose of treatment of human beings for any of the following purposes—

(a)     for the cure of venereal diseases, e.g. syphilis, gonorrhea, soft chancre, or other genito-urinary diseases in any of their forms;

(b)     for the prevention, relief or cure of Bright’s disease, cancer consumption or tuberculosis, leprosy, lupus, diabetes, epilepsy or fits, locomotors ataxia, paralysis, or infantile paralysis;

(c)     for the cure of arterio-sclerosis, septicemia, diphtheria, dropsy, erysipelas, gallstones, kidney stones and bladder stones, goiter, heart disease, tetanus or lockjaw, pleurisy, pneumonia, scarlet-fever, smallpox, trachoma, amenorrhea, hernia or rupture, blindness or any structural or organic ailment of the auditory system;

(d)     for the cure of any habit associated with sexual indulgence, or of any ailment associated with those habits or for the promotion of sexual virility, desire or fertility or for the restoration, or stimulation of the mental faculties.

(2)     In any proceedings for a contravention of any of the provisions of the foregoing subsection, it shall be a defence for the person charged to prove—

(a)     that the advertisement to which the proceedings relate was published only in a publication of a technical character intended for circulation mainly amongst persons of the following classes, or of one or some of them—

(i)      duly registered medical or veterinary practitioners;

(ii)     selling dispensers, dispensers or chemist;

(iii)    the governing body, managers of a hospital, infirmary and asylum; and

(b)     that the said advertisement was published in connection with an application for a patent submitted to the appropriate authority so far as may be requisite for the purpose of the application.

Definitions

(3)     In this section—

(a)     the expression “medicine” means any kind of medicament or other curative or preventive substance, and whether a proprietary medicine or preparation, packed goods or patent medicine or preparation; and

(b)     the expression “surgical appliance” includes any device which purports to be or is represented, directly or by implication, as being such an appliance.

  1. Prohibition of advertisements relating to abortion

No person shall take any part in the publication of any advertisement referring to any article, or articles of any description, in terms which are calculated to lead to the use of that article or articles of that description for procuring the miscarriage of women.

PART 8

Parties to Offences and Penalties

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

Any person who attempts to commit any offence under this Law, or solicits or incites another person to commit an offence or does any act preparatory to the commission of an offence under this Law shall be deemed to be guilty of that offence and on conviction shall be liable to the same punishment, and to be proceeded against in the same manner as if he had committed the offence.

  1. Where company convicted, chairman, directors and officers guilty of like offence

Where a person convicted under this Law is a company, the Chairman and every director and every officer concerned in the management of the company shall be guilty of the like offence, unless he proves that the offence took place without his knowledge or consent.

  1. Offence

(1)     Any person who acts in contravention of or fails to comply with any of the provisions of this Law shall be guilty of an offence against this Law.

(2)     Where the owner of a patent medicine store or shop is charged to court for violating any provision of this Law, it shall be an offence against this Law for such person, before the final determination of the case against him to open the shop or store for business or otherwise.

(3)     For the avoidance of doubt, the shop or store under subsection (2) of this section shall, subject to that subsection, be closed and sealed for all purposes.

(4)     Any person who—

(a)     without licence, sells patent medicine; or

(b)     fails to renew his licence in any year; shall be guilty of an offence and shall be liable on summary conviction to a fine of one hundred naira or to imprisonment for eighteen months or to both such fine and imprisonment.

  1. Penalty

Any person guilty of an offence against this Law for which no special penalty is provided by this Law shall be liable to a fine of two hundred naira or to imprisonment for a term of twelve months or to both such fine and such imprisonment.

PART 9

Miscellaneous

  1. Power to make regulations

The Commissioner may make regulations—

(1)     prescribing an authority for the purpose of section 6 of this Law and for such purpose—

(a)     regulating the keeping of registers and the inspection thereof;

(b)     regulating the grant of certificates and the cancellation, revocation, suspension, restoration and renewal thereof;

(c)     prescribing the fees to be charged for any certificate or for any registration;

(2)     regulating the keeping, transporting, and disposal of poisonous substances; and

(3)     generally for carrying into effect the purposes and provisions of this Law.

PART 10

Interpretation

  1. Interpretation

In this Law unless the context otherwise requires—

“approved” means approved by the Board;

“the Board” means the Pharmacists Board of Nigeria established under the Pharmacist Act, or any other relevant Law;

“chemist” means a person entitled to practice as a pharmaceutical chemist under the Pharmacist Act, 1964, and authorised under this Law to import, mix, compound, prepare, dispense and sell drugs and poisons, and includes any person who immediately before the commencement of the Pharmacists Act, 1964, was authorised under this Law to so deal in drugs and poisons as a chemist and druggist, which authority or licence, as the case may be, is still in force on the commencement of the Pharmacists Act, 1964, and references in this Law shall be so construed accordingly;

“dispense” means supplying a medicine or a poison on and in accordance with a prescription given by a registered medical practitioner, a registered dental surgeon or registered veterinary surgeon;

“dispenser” means the holder of a certificate as such under any enactment repealed by this Law and duly recognised in the provisional register of the Pharmacists Board of Nigeria;

“drug” includes any substance of vegetable, animal or mineral origin, or any preparation or admixture thereof, which is used for internal or external application to the human body in the treatment of disease;

“licensing authority” means medicinal preparations in a form ready for sale to, and used by, the public which are not sold under a trade name or trade mark and in the manufacture of which no person has or claims or purports to have exclusive proprietary rights or secret process;

“patent and/or proprietary medicine” means any medicine held out by advertisement, label or otherwise in writing as efficacious for the prevention, cure or relief of any malady, ailment, infirmity or disorder affecting human beings and—

(a)     which is sold under a trade name or trade mark to the use of which any person has or claims or purports to have any exclusive right; or

(b)     of which any person has or claims or purports to have the exclusive right of manufacture or for the making of which any person has or claims or purports to have any secret process or protection by letters patent;

“pharmacy” or any other cognate expression when used in connection with a business carried on any premises shall be deemed to be reasonably calculated to suggest that the owner of the business and the person having the control of the business on those premises are registered under the Pharmacists Act, or any other relevant Law in force;

“poison” includes the substances enumerated in the First Schedule. Such substances, whether natural or synthetic, shall be deemed poisons whether mixed with other ingredients or not, and whatever restrictions under the provisions of this Law are placed upon any particular poison shall apply to it whether it is unmixed or is contained as an ingredient in some preparation, unless it is contained in one of the preparations specifically exempted from such provisions;

[First Schedule.]

“the register” means the register kept under the provisions of the Pharmacists Act, or any other relevant Law in force;

“registered dental surgeon” means a dental surgeon registered under the provisions of the Medical and Dental Practitioners Act;

“registered medical practitioner” means a medical practitioner registered under the provisions of the Medical and Dental Practitioners Act;

“registered veterinary surgeon” means a veterinary surgeon registered under the provisions of Veterinary Surgeons Act;

“registrar” means the registrar appointed under the provisions of the Pharmacists Act;

“selling dispenser” means a dispenser whose licence as such has, in accordance with any enactment repealed by the Pharmacists Act, been endorsed with an authorisation  authorizing the holder to import and sell drugs and poisons.

  1. Short title

This Law may be cited as the Pharmacy Law.

 

SCHEDULES

FIRST SCHEDULE

PART 1

Poisons and substances to which section 13 applies

Acetanilide, and admixtures of.

Aconite and Aconitine, and all preparations or admixtures of.

Adrenaline, and all preparations or admixtures of.

Akecanthera, and all preparations or admixtures of.

Alkaloids. All poisonous alkaloids not specifically named in this Part and their salts and all poisonous derivatives of alkaloids unless specifically exempted from the provisions governing this Part.

Almonds, essential oil of, unless deprived of prussic acid.

Amyl Nitrite.

Antimony, and all compounds and preparations of, other than those specified in Part 3 of this Schedule.

Atropine and its salts and all preparations of.

Barium, and its salts, except barium sulphate.

Belladonna, and all preparations and admixtures of, except belladonna plasters containing 0.1 or more per centum of total belladonna alkaloids calculated as hyoscyamine.

Calabar bean, and all preparations or admixtures of.

Cantharides, and all preparations of.

Carbon tetrachloride.

Chloral hydrate.

Chloroform, and all preparations or admixtures containing twenty or more per centum of chloroform.

Conium, and all preparations of.

Croton oil.

Cyanide of potassium, and all poisonous cyanides and their preparations including prussic acid.

Digitalis, and all constituents, preparations and admixtures of digitalis.

Elaterium and Elaterinum.

Emetine, extracts and tinctures of ipecacuanha substances containing more than 0.5 per centum of emetine.

Ephedra and preparations and admixtures containing more than 1 per centum of the alkaloids of ephedra.

Ergot of rye and all preparations and admixtures of ergots.

Jaborandi and all poisonous constituents of Jaborandi.

Lead, in combination with oleic acid or other higher fatty acids, whether described as diachylon or any other designation, except machine spread plasters and all salts of lead.

Mercury, its salts and compounds, and all preparations and admixtures thereof other than those specified in Parts 3 and 4 of this Schedule except mercurous chloride.

Nitroglycerin, and all preparations of.

Nux vomica, and all preparations or admixtures of nux vomica containing 0.1 or more per centum of strychinine.

Oxalic acid.

Phenol and liquid preparations of phenol and its homologues containing more than 3 per centum of those substances other than those specified in Part 4 of this Schedule.

Phosphorus, and all preparations containing phosphorus in the free state.

Picrotoxin, and all preparations of.

Poppies, and all preparations and constituents of poppies, except the petals and preparations of papaver rhoeas.

Savin and its oil, and all preparations containing savin or its oil.

Snake poisons, and all preparations of snake poisons.

Strophanthus, and all constitutents, admixtures and preparations of strophanthus.

Thallium and all preparations containing thallium.

Veratrum viride.

Zinc chloride and liquid preparations of zinc chloride other than those specified in Part 4 of this Schedule.

Zinc phosphide.

All drugs, preparations or admixtures of drugs, not specifically named in this Part, but which contain a poison mentioned in this Part or which contain a poisonous alkaloid, gluroside or other poisonous substances shall be deemed to be included in this Part, except preparations or admixtures the exclusion of which from this Part is specifically indicated therein, and except tobacco prepared for smoking or snuff.

PART 2

[Section 13.]

Poisons and substances to which section 13 applies

Acriflavine.

Alkaloids –

Emetine, extract and tinctures of ipecacuanha, substances containing less than 0.5 per centum of emetine, but not less than 0.05 per centum of emetine.

Ephedra, alkaloids of – substances containing less than 1 per centum of alkaloids of ephedra.

Lobelia, alkaloids of – preparations for the relief of asthma in the form of cigarettes, smoking powder, fumigants, substances containing less than 0.1 per centum of the akaloids of lobelia.

Stramoniumn, alkaloids of – preparations for the relief of asthma in the form of cigarettes, smoking powder and fumigants.

Strychnine, preparations of nux vomica or strychnine containing less than 0.1 per centum of strychnine.

Chenopodium oil, preparations and admixtures of.

Chloroform, preparations containing less than 20 per centum, but not less than 10 per centum.

Croton oil, preparations and admixtures of.

Mercurous Chloride, commonly known as calomel.

Silver, its salts and compounds and preparations and admixtures of, except silver cyanide.

All preparations of suprarenal, thyroid, parathyroid, pituitary and sex glands and their active principles other than those to which part 3 applies.

All preparations and admixtures of poisonous alkaloids which are exempted from Part 1 of this Schedule, unless specifically exempted from this Part.

Antibiotics, any preparations and admixtures of which are exempted from Part 3 of this Schedule.

Synthetic substances having the same therapeutic effects as preparations of the suprarenal, thyroid, pituitary and sex glands, and their active principles other than those to which Part 3 applies.

PART 3

[Section 15.]

Poisons and substances to which section 15 applies

Amidopyrine; its salts.

Diethyl barbituric acid, and other alkyl, aryl or metallic derivative of barbituric acid whether described as veonal, proponal, medinal or by any other trade name, mark or designation and all poisonous urethanes and ureides.

Diaminodiphenyl sulphone, derivatives of, whether described as Promin, Promanide, Diazone, Promizol, Sulphatrone or by any other trade name, mark or designation; Penicillin, Streptomycin and Gramicidin, their homologues and preparations.

Dimidium bromide, and all Phenanthridinium compounds, whether described as Ethidium Bromide or by any other trade name, mark or designation.

Insulin.

Isoniazid (isonicotinic acid hydrazide) whether described as Rimifon or by any other trade name.

Para-aminobenzensulphonamide, derivatives of, having any of the hydrogen atoms of the paraamino group substituted by another radical, whether described as Dagenan, M & B 693,

Prontosil, Proseptasine, Soluseptasine, Uleron, Sulphonamide – P, or by any other trade name, mark or designation.

Quinapyramine chloride, Quinapyramine sulphate, Quinapyramine prosalt, whether described as Antrycide or by any other trade name, mark or designation.

Sulphonal, and its homologues whether described as trienal tetronal or by any other trade name, mark or designation.

All preparations of suprarenal, thyroid, parathyroid, pituitary and sex glands, and their active principles intended for administration by injection under the skin.

Synthetic substances having the same therapeutic effects as preparations of the suprarenal, thyroid, parathyroid, pituitary and sex glands and their active principles intended for administration by injection under the skin.

All compounds of antimony, arsenic, mercury, bismuth whether in solid form or solution which are intended for administration by injection under the skin.

All antibiotics, being substances excreted by micro-organisms and having anti-bacterial action such as penicillin, streptomycin, aureomycin, gramicidin, tyrothricin, terramycin, bacitaracin, prothricine, etc.

Also substances of synthetic origin having similar activity such as chloromphenicol (chloromycetin).

Also all preparations and admixtures of antibiotics whether of natural or synthetic origin, with the exception of ointments, lozenges and chewing gum.

PART 4

[Section 16.]

Poisons and substances to which section 16 applies

Phenol, all liquid preparations and its homologues, whether described as Lysol or Izal, or by any trade name, mark or designation, intended for use as a disinfectant, or sheep dip, or wash or for agricultural and horticultural purposes.

Formaldehyde and admixtures containing 5 per centum or more of formaldehyde.

Mercurial compounds intended for any purpose in connection with agriculture.

Hydrochloric acid.

Sulphuric acid.

Nitric acid.

Soluble salts of ozlic acid.

Liquid preparations of ammonia containing more than 5 per centum by weight of free ammonia.

Zinc chloride and liquid preparations when intended for soldering and other purely industrial purposes, provided that such preparations are contained in closed receptacles and bear a notice of the special purposes for which the preparations are intended.

Potassium hydroxide, sodium hydroxide and articles containing either of these substances.

PART 5

[Section 18.]

Poisons and substances to which section 18 applies

(i)      To be labeled with the words – “Caution. It is dangerous to take this preparation except under medical supervision”—

Medicines made up for the internal treatment of human ailments if the poison is one of the following—

Allylisopropylacetylurea.

Insulin.

Phenylethylhydantoin, its salts, its acyl derivatives; their salts.

Pituitary gland, the active principles of.

Thyroid gland, the active principles of, their salts.

(ii)     To be labelled with the words – “Caution. It is dangerous to exceed the stated dose”—

Medicines (other than medicines mentioned in paragraph (i) of this Part) made up ready for internal treatment of human ailments except in the case of a substance included in Part 1 of this Schedule.

(iii)    To be labeled with the words – “Caution. This preparation may cause serious inflammation of the skin in certain persons and should be used only in accordance with expert advice”—

Preparations for the dyeing of hair containing phenylene diamines or tolylene diamines or their salts.

 

 

 

SECOND SCHEDULE

[Section 32.]

Adhesive; anti-fouling compositions; building materials; ceramics; distempers; electric valves; enamels; explosives; fillers; fireworks; glazes; glue; lacquer solvents; loading materials; marking ink; matches; motor fuel and lubricants; paints other than pharmaceutical inks; propellants; rubber; varnishes.

Special Exemptions

Poison Substance or article in which exempted
Ammonia

Mercuric chloride

Mercuric chloride;

mercuric iodide;

organic compounds

of mercury

 Refrigerators, smelling bottles.

Batteries.

Dressings on seeds or bulbs and soaps for washing.

 

 

Poison Substance or article in which exempted
Phenol

 

 

 

 

 

Sulphuric acid

 Coal tar, crude or refined; nasal sprays; mouthwashes; pastilles, lozenges,

capsules; pessaries, ointments or suppositories containing less than 2.5 per centum of phenols; smelling bottles, soaps for washing.

Accumulators, batteries, fire extinguishers.

 

 

 

THIRD SCHEDULE

FORM A

[Section 3.]

THE PHARMACY LAW OF CROSS RIVER STATE

(Chapter P5)

Missionary’s Permit

Permission is hereby granted to ………………………………………………………………

of …………………………………………………………………………………. a Missionary to mix, compound, prepare and dispense drugs and poisons within Nigeria subject—

(a)     to the provisions of the Pharmacy Law and any regulations made there-under, and

(b)     to the following restrictions namely—

(i)

(ii)

(iii)

This permit expires on the 31st day of December, 20 ……………………………. Dated this …………………………… day of ………………………… 20 ………………..

……………………………………………………….              Registrar, Pharmacist Board of Nigeria

 

FORM B

[Section 10.]

PHARMACY LAW

(Chapter P5)

Disposal of Poisons Book

 

 

 

Date

 

  

Name and

quantity of

poisons disposed of

 

  

Name and

Address           of receiver

 

  

Purpose for which poison is

required

 

  

Signature of receiver

 

  

Signature of

person

introducing

receiver

 Signature of Chemist or

Selling

Dispenser
 

 

 

 

 

 

 

 

 

FORM C

[Section 16.]

PHARMACY LAW

(Chapter P5)

Licence to sell substances enumerated in Part 4 of the First Schedule

Licence is hereby granted to ………………………………………………………………….

of ………………………………………………………………………. to sell the substances enumerated in Part 4 of the First Schedule within Cross River State subject to the provisions of the Pharmacy Law.

This permit expires on the 31st day of December, 20 …………………………………..

Dated this ………………… day of …………………………………….. 20 ………………..

……………………………………………..                         Licensing Authority

Fee for Licence ……………………

 

 

FORM D

[Section 34. 1975 No. 13.]

PHARMACY LAW

(Chapter P5)

Patent and Proprietary Medicines Licence

Licence is hereby granted to ………………………………………………………………….

of……………………………………………………………… to sell patent and proprietary medicines and packed goods at ……………………………………………………………….. in Cross River State of Nigeria subject to the provisions of the Pharmacy Law.

Dated this ………………………. day of ………………………………. 20 ………………..

……………………………………………..                                Licensing Authority

FORM E

[Section 38.]

PHARMACY LAW

(Chapter P5)

Register of persons licenced to sell substances in Part 4 of the First Schedule

 

Date

  

Name of grantee

  

Address of premises

 

  

Substances in respect of which licence is granted

  

Signature of Licensing Authority

 
 

 

 

 

 

 

FORM F

[Section 38.]

PHARMACY LAW

(Chapter P5)

Register of Patent and Proprietary Medicines Vendors

Date Name of grantee Address of premises

 

 Signature of Licensing Authority
 

 

 

 

 

 

 

 

 

 

 

FOURTH SCHEDULE

₦ K
 

50

 

50

  

00

 

00

The following fees are hereby prescribed for persons not in Government employment—

  1. Licence to sell substances enumerated in Part 4 of the First Schedule, and each annual renewal …………………………………………………….
  2. Patent and proprietary medicines vendor’s licence and each annual renewal ………………………………………………………………………….

 

 

 

 

CHAPTER P5

PHARMACY LAW

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

  1. Pharmacy Regulations.

PHARMACY REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATION

  1. Short title.
  2. Packing for transport.
  3. Method of calculating percentages.
  4. Labeling.
  5. Name of poisons.
  6. Preparation of poison to be stated on label.
  7. Resale and names.
  8. General penalty.

PHARMACY REGULATIONS

[Regulations 14 of 1951. Section 45.]

  1. Short title

These regulations may be cited as the Pharmacy Regulations.

  1. Packing for transport

No selling dispenser or chemist or person holding a licence in the Form C set forth in the Third Schedule to the Pharmacy Law shall consign any poison for transport unless it is sufficiently stoutly packed to avoid leakage arising from the ordinary risks of handling and transport.

  1. Method of calculating percentages

Any reference in the Schedule to the Law or in any section of the Law to the percentage of a poison or constituent or ingredient contained in any substance or preparation shall, unless otherwise expressly provided, be construed in the following manner, that is to say, a reference to a substance or preparation containing one percent of any poison, constituent or ingredient means—

(a)     in the case of a solid, that one gramme of the poison, constituent or ingredient, is contained in every hundred grammes of the substance or preparation;

(b)     in the case of a liquid, that one millilitre of the poison, constituent or ingredient, or if the poison, constituent or ingredient itself is solid, one gramme of the poison, constituent or ingredient, is contained in every hundred millilitres of the substance or preparation; and so in proportion for any greater or less percentage.

  1. Labelling

(1)     Subject to the provisions of these regulations, the particulars with which the container of a poison is required to be labeled under subsection (3) of section 13 of the Law and under these regulations must appear in a conspicuous position on the container in which the poison is sold and on every box or other covering of whatever nature enclosing the container, and the particulars must be clearly and distinctly set out and not in any way obscured or obliterated.

(2)     Where the poison is contained in an ampoule, cachet, or similar article, it shall not be necessary to label the article itself, if every box or other covering in which the article is enclosed is duly labeled.

(3)     The labeling of any transparent cover or any wrapper, hamper, packing case, crate or other covering used solely for the purposes of transport or delivery shall not be necessary.

  1. Name of poisons

(1)     Subject as hereinafter provided, for the purposes of paragraph (a) of subsection (3) of section 13 of the Law and of subsection (3) paragraph (a) of section 25 of the Law, the name of a poison shall be the one under which it is included in the Schedules to the Law:

Provided that, where the said name describes a group of poisons and not the poison specifically, the name of the poison shall be—

(a)     if the poison is the subject of a monograph in either the British Pharmacopoeia or the British Pharmaceutical Codex, one or other of the names of synonyms or abbreviated names set out at the head of the monograph; and

(b)     in any other case, the accepted scientific name or names descriptive of the true nature and origin of the poison.

(2)     For the purposes aforesaid it shall, in the case of—

(a)     a substance which is the subject of a monograph in the British Pharmacopoeia or the British Pharmaceutical Codex, or any dilution, concentration or admixture of such a substance; or

(b)     a preparation contained in the British Pharmacopoeia or the General Monograph or Formulary of the British Pharmaceutical Codex or any dilution, concentration or admixture of such a preparation; or

(c)     a surgical dressing for which a standard is described in the British Pharmaceutical Codex, be sufficient, notwithstanding anything in the foregoing paragraph of this regulation, to state the name, synonym or abbreviated name used to describe the substance, preparation or surgical dressing in the British Pharmacopoeia or British Pharmaceutical Codex with the addition of the letters B. P. or B. P. C. as the case may be.

  1. Preparation of poison to be stated on label

(1)     For the purposes of paragraph (c) of subsection (3) of section 13 of the Law, which requires preparations containing poisons to be labeled with the prescribed particulars as to the proportion of poison therein, the label of the container of any preparation containing a poison as one of its ingredients shall, subject as hereinafter provided, include a statement of the proportion which the poison bears to the total ingredients of the preparation.

(2)     In the case of a substance, preparation or surgical dressing which is named in accordance with sub-regulation (2) of regulation 5, it shall not be necessary to state on the label the proportion of the poison contained in the substance, preparation or surgical dressing and, in the case of any dilution, concentration or admixture of such a substance or preparation, it shall be sufficient to state the proportion which the substance or preparation bears to the total ingredients of the dilution, concentration or admixture.

(3)     Where the poison is in tablets, pills, cachets, capsules, lozenges or similar articles, or in ampoules, it shall be sufficient to state on the label of the box or other covering in which the articles are enclosed the number of articles and the amount of the poison, or in the case of such a preparation as is mentioned in sub-regulation (2) of this regulation, the amount of the preparation, contained in each article.

(4)     Where any proportion is stated as a percentage, the statement shall indicate whether the percentage is calculated on the basis of weight in weight, weight in volume, or volume in volume.

  1. Resale and names

(1)     The provisions of paragraph (d) of subsection (3) of section 13 of the Law, which requires the container of a poison to be labeled with the name of the seller and the address of the premises on which it was sold, shall not apply in the case of an article sold for the purpose of being sold again in the same container.

(2)     The requirements of the said subsection shall be deemed to be satisfied, in the case of a poison supplied from a warehouse or depot, if the container of the poison is labeled with the address of the supplier’s principal place of business or in the case of a limited company, of the registered office of the company.

(3)     Where the names of more than one person or more than one address appear on any label, there must also be words on the label indicating clearly which person is the seller and at which of the addresses the poison was sold.

  1. General penalty

Any person contravening or failing to comply with any of the provisions of these regulations shall be guilty of an offence and, when no special penalty is provided, shall be liable on summary conviction to a fine of twenty naira.

Law Nigeria Admin
Law Nigeria Admin

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