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Poisons set out in Part I may only be retailed by authorised sellers
of poisons (i.e., registered pharmacists); but a person whose name is
entered in the Borough Council's list may, subject to certain conditions,
sell poisons set out in Part II. The Poisons Rules, 1935, made by
the Secretary of State under Section 25 of the Act set out restrictions
as to the sale of Poisons and rules as to the manner of labelling,
storing and selling poisons, etc.
Section 21 of the Act which came into operation on May 1st,
1936, required the Borough Council to keep a list of persons in
Hampstead who, not being entitled to sell poisons included in Part I
of the Poisons List, may sell poisons included in Part II. Power is
given to the Council to refuse an entry or to remove a name from the
list if the person fails to pay the prescribed fees, or is, for any sufficient
reason in the opinion of the Council, not fit to be on the list. The
traders affected are, chiefly, grocers, ironmongers, oilmen, garage
keepers, hairdressers, seedsmen, nurserymen, agricultural merchants,
etc., and the class of poisons referred to in Part II of the Poisons
List comprises, among other substances, ammonia, carbolic disinfectants,
sulphuric and nitric acid, spirits of salts, salts of lemon; and
a number of substances—including certain forms of arsenic and
mercury—used in agriculture and horticulture as sheep dips, weedkillers
and insecticides.
The requirements which apply to a seller of Part II poisons are
prescribed in Section 18 of the Act and in the Poisons Rules, and
may be summarised briefly to be as follows:—
1.—The sale must be effected on the premises specified in the Council's list.
2.—The container must be labelled with the various particulars and in the
manner required by the Act and the Rules.
3.—The container must be in the form specified in the rules—an impervious
container sufficiently stout to prevent leakage, and, in the case of a glass
bottle with the outer surface fluted vertically with ribs or grooves
recognisable by touch.
4.—In the case of an arsenical or mercurial substance, unless it contains no
more than the small proportions specified, and in the case of certain
other substances, the purchaser must either (a) be known to the seller,
or to the person in charge of the premises, to be a person to whom the
poison may properly be sold or (6) produce a valid certificate in the
form prescribed by the Rules. In addition, in the case of such poisons,
the particulars of the sale must be entered in the Poisons Book to be
kept in the prescribed form,