S.I. No. 351/2003 - Poisons (Amendment) Regulations 2003

I, Micheál Martin, Minister for Health and Children, in exercise of the powers conferred on me by section 14 of the Poisons Act 1961 (No. 12 of 1961) (as amended by section 33 of the Misuse of Drugs Act 1977 (No. 12 of 1977)), as adapted by the Health (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 308 of 1997 ), and after consultation with Comhairle na Nimheanna, make the following Regulations:

1.         These Regulations may be cited as the Poisons (Amendment) Regulations 2003.

2.         These Regulations shall be construed as one with the Poisons Regulations 1982 to 1991, and may be cited together with those regulations as the Poisons Regulations 1982 to 2003.

3.         In these Regulations “Principal Regulations” means the Poisons Regulations 1982 ( S.I. No. 188 of 1982 ).

4.         Article 4(1) of the Principal Regulations is amended by -

(a)      the substitution of the following definition for that of “animal remedy”:

“ ‘animal remedy’ has the meaning assigned to it by section 1 (1) of the Animal Remedies Act 1993 (No. 23 of 1993);”,

(b)      the insertion of the following definition:

“ ‘medicinal product’ has the meaning assigned to it by section 1 (1 of the Irish Medicines Board Act 1995 (No. 29 of 1995);”.

5.         Article 8 (inserted by article 3(c) of the Poisons (Amendment) Regulations 1986 ( S.I. No. 424 of 1986 )) of the Principal Regulations is amended by the insertion of the following sub-article after sub-article (10):

“(11) The provisions of this article shall not apply as respects the sale or supply of nicotine, its salts or its quaternary compounds when any of them is contained in a medicinal product for human use.”.

6.         The Third Schedule to the Principal Regulations is amended in Part II by -

(a)      the substitution of “medicinal products” for “medical preparations” in the second column opposite the mention of Phenyl mercuric salts, and

(b)      the substitution of “Medicinal products” for “Medical preparations” in the second column opposite the mention of Thiomersal.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations simplify the procedure for the sale of nicotine replacement medicinal products (nicotine chewing gum etc.) in pharmacies. These products are widely used as an aid to those wishing to stop smoking.

The regulations also update definitions used in the Principal Regulations to conform to current usage.