Part 6Other offences

Part 6—Other offences 46—Prohibition on giving samples of S8 poisons A person must not give another person a sample of an S8 poison. 47—Offences relating to sale or supply of poisons (1) A person must not, in any residential premises, or from door-to-door, or in a public place, sell or supply— (a) an S2 poison, S3 poison, S4 poison, S7 poison or S8 poison; or (b) an S5 poison or S6 poison that is not a product sample. (2) A person must not, in any residential premises, or from door‑to‑door, or in a public place, sell or supply an S5 poison or S6 poison that is a product sample except as permitted by Part 2 Section 61 of the Uniform Poisons Standard. (3) For the purposes of subregulations (1) and (2), a poison is a product sample if— (a) it is supplied directly to the consumer free of charge, or at a nominal charge, as a mechanism to promote the sale of the product; and (b) it is supplied in a small pack produced specifically for the purposes of promotion, or packaged in a normal commercial pack that in other circumstances a consumer would need to purchase. (4) A person must not sell or supply an S2 poison, S3 poison, S4 poison or S8 poison in a container that— (a) is normally used for containing food or beverages; or (b) is similar to a container that is normally used for containing food or beverages. (5) A person must not sell any liquid preparation or admixture containing paraquat unless it is coloured blue or green and contains a stenching agent in sufficient quantity to produce an offensive odour. (6) In this regulation— public place includes— (a) a place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of that place; and (b) a place to which the public are admitted on payment of money, the test of admittance being the payment of money only; and (c) a road, street, footway, court, alley or thoroughfare that the public are allowed to use, notwithstanding that the road, street, footway, court, alley or thoroughfare is on private property. 48—Offence to dispose of poison A person must not— (a) dispose of or use, or cause to be disposed of or used, an S5 poison, S6 poison or S7 poison except in accordance with the requirements of Part 2 Section 55 of the Uniform Poisons Standard; or (b) dispose of or use, or cause to be disposed of or used, an S2 poison, S3 poison, S4 poison or S8 poison in any manner that constitutes, or is likely to constitute, a risk to public health or safety. 49—Keeping of records etc (1) Subject to these regulations, a person who is required by these regulations to keep certain records must— (a) in respect of any entry in the records, retain the records at the registered address of the business in this State for a period of— (i) in the case of records relating to S7 poisons—for a period of 5 years; or (ii) in any other case—for a period of 2 years, from the day on which the entry was made; and (b) have the records readily available for inspection at all reasonable times; and (c) during that period, take all reasonable steps to ensure that the records are protected against deterioration, loss, theft and unauthorised access, modification or use. (2) If the information contained in the records is available only after the record is subjected to an electronic or other process, it is sufficient for the purposes of subregulation (1)(b) for the person to produce for inspection a reproduction or computerised record of any entry in the records. (3) Details that are required to be recorded under these regulations in respect of drugs of dependence must, unless otherwise specified, be recorded in a register of drugs of dependence (and any electronic register of drugs of dependence must be in a form approved by the Minister). (4) A receipt required to be provided to a person under these regulations must be kept by that person in the manner set out in this regulation as if it were a record. 50—Vicarious liability For the purposes of these regulations, an act or omission of an employee or agent will be taken to be the act or omission of the employer or principal unless it is proved that the act or omission did not occur in the course of the employment or agency.