STATES OF JERSEY
Health and Social Services Department
Draft Poisons (Jersey) Law 201-
1 Introduction
The Minister is requested to give consideration to the draft Poisons (Jersey) Law 201- which is intended to update and replace the existing Poisons (Jersey) Law 1952 and approve the draft Law for lodging au Greffe
2 Background
The sale and supply of substances designated as poisons is currently regulated by the Poisons (Jersey) Law 1952 and its subordinate Orders. This Law was originally the Pharmacy, Poisons and Medicines (Jersey) Law 1952, however, with the introduction of the Medicines (Jersey) Law 1995 and the Pharmacists and Pharmacy Technicians (Registration) (Jersey) Law 2010 large parts of the original Law were repealed leaving only those provisions which related to the sale or supply of non-medicinal poisons. These provisions have not been amended since 1994 and are therefore in need of revision and updating.
2.1 Current Provisions under the 1952 Law
2.1.1 Poisons List
The surviving part of the 1952 Law provides for the regulation of sales of non-medicinal poisons which are listed in the Poisons List (Jersey) Order 1986. This list is divided into two parts. Part 1 of the List consists of poisons which may only be sold from a registered pharmacy and Part 2 contains those which may be sold in premises which are registered as “listed sellers” of poisons. Those poisons specified in the List consist largely of substances used as pesticides in agriculture or horticulture.
In practice a derogation is exercised, as in the UK, to allow the sale of Part 1 poisons by registered agricultural merchants when they are sold to persons for use in their trade or business (e.g. farmers, growers, pest control services)
2.1.2 Other conditions attached to the sale of poisons
The current 1952 Law requires the purchaser of certain poisons to be known to the seller – or if they are not known, to provide a certificate “certifying that they are a person to whom the poison may properly be sold”. This certificate may be signed by any householder, though if the householder is not known to the seller it also has to be endorsed by the relevant Parish Constable or Centenier.
Other poisons, such as aluminium phosphide for killing moles, may only be sold to persons who have been certificated, following training in the use of the poison, by Officers of the Environment Department.
2.1.3 Records
The 1952 Law also requires that records of sales are kept in relation to specified substances in the form of a poisons register
2.1.4 Exemptions
The sale of a poison by way of wholesale dealing, for export, for scientific education or research, or to a States Department is generally exempted from some provisions of the Law
2.1.5 Other Provisions
The 1952 Law empowers the Minister to make Orders on a number of matters including the storage, transport and labelling of poisons, the preservation of records, extending or relaxing provisions with respect to classes of poisons or particular poisons and to appoint pharmacists with powers of inspection and investigation. It also provides for consultation with pharmacists on legislative proposals (the original 1952 Law being largely at that time concerned with the regulation of medicines). Many of these provisions are contained in the Poisons (General Provisions) (Jersey) Order 1968.
2.2 Proposals for the new draft legislation
2.2.1 The distinction between Part 1 and Part 2 poisons is retained with the Poisons List being declared by the Minister rather than prescribed by Order.
2.2.2 The sale of Part 1 poisons is restricted to registered pharmacies and suppliers authorised by the Minister (who will include certified agricultural merchants) rather than pharmacies only. This is in recognition of the fact that certified agricultural merchants have particular expertise in the use of substances currently included in Part 1 of the Poisons List.
2.2.3 The sale of Part 2 poisons is restricted to registered pharmacies and other persons authorised by the Minister. The person must be a fit and proper person, and his or her premises must be suitable for storing poisons.
2.2.4 “Certification” in its present form, for the purchase of a poison should cease to be required (it has not been used for several years). Instead, a seller will be required to establish that the purchaser of the poison has a proper purpose for purchasing the poison, is aware of the dangers of the poison and will use and store it responsibly.
2.2.5 Records will need to be kept by the seller of particular poisons where this is specified by the Minister in the Poisons List.
2.2.6 The exemptions for sales by way of wholesale dealing, for export, to States Departments and for education or research purposes are retained.
2.2.7 Order making powers include provisions for the Minister to make Orders regulating, restricting of prohibiting the sale of supply of poisons; about the storage, transport and labelling of poisons; specifying the containers in which poisons may be sold or supplied or adding substances to poisons to enable them to be identified; and specifying how records of sales should be kept. These matters will be incorporated into a revised General Provisions Order.
2.2.8 The Minister will be required, as he or she thinks appropriate, to take specialist advice regarding the discharge of his or her functions under the Law. This is no longer restricted to pharmacists.
2.2.9 The Minister may appoint pharmacists to be inspectors for the purposes of the Law.
3 Recommendation
The Minister is recommended to approve the draft Poisons (Jersey) Law 201- for lodging au Greffe and request that it be scheduled for debate.
Chief Pharmacist
20 July 2011
gov.je