Queensland Consolidated Regulations

HEALTH (DRUGS AND POISONS) REGULATION 1996 - REG 277

277 Sale of S3 poisons

(1) A pharmacist or a person who is approved to dispense a poison under a pharmacist’s direction and personal supervision, (the
"seller" ) must not sell an S3 poison unless—

(a) for S3 pseudoephedrine—

(i) the seller is reasonably satisfied the purchaser has a therapeutic need for the S3 pseudoephedrine; and

(ii) if the seller does not know the identity of the purchaser—the purchaser gives the seller an acceptable form of identification; or

(b) for another S3 poison—the seller is reasonably satisfied—

(i) the purchaser has a therapeutic need for the poison; and

(ii) of the purchaser’s identity.

Penalty—

Maximum penalty—40 penalty units.

(2) The seller must give the purchaser advice on the dosage, frequency of administration, general toxicity, adverse effects, contraindications and precautions to be observed in using the poison.

Penalty—

Maximum penalty—40 penalty units.

(3) The seller must securely attach to the container in which the poison is sold a label, as required by this section, with the following warnings printed on it—

(a) ‘Keep out of the reach of children’;

(b) if the poison is for use for an animal—‘For animal treatment only’.

Penalty—

Maximum penalty—40 penalty units.

(4) The warnings must be printed in red bold-faced sans serif capital letters with a face depth of at least 1.5mm on a background of contrasting colour.

(5) The label must also have written on it—

(a) if the poison is for human use—the name of the person for whose treatment it is intended; and

(b) if the poison is for animal treatment—the name of the animal’s owner; and

(c) if the seller is a pharmacist or a person approved to dispense a poison under a pharmacist’s direction and personal supervision—the name and address of the dispensary at which the poison is dispensed; and

(d) directions about the use of the poison; and

(e) the date the poison was sold.

(6) The poison must be described by—

(a) its approved name; or

(b) its trade name; or

(c) the approved name of each poison in the preparation.

(7) Subsections (1) (b) and (2) to (6) do not apply to the sale of—

(a) S3 salbutamol or S3 terbutaline to—

(i) a person mentioned in section 256B for use for first aid; or

(ii) another person who is a relevant person for use for first aid; or

(b) prescribed adrenalin to a relevant person for use for first aid; or

(c) an S3 poison to a ship’s master for use for first aid on the ship.

(8) In this section—

"educational institution" means—

(a) a State educational institution within the meaning of the Education (General Provisions) Act 2006 , schedule 4 ; or

(b) an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 .

"nominated supervisor" , for an education and care service, see the Education and Care Services National Law (Queensland) , section 5 (1) .

"prescribed adrenalin" means adrenalin of a strength of not more than 0.1%, if administered by a pre-loaded device for the management of anaphylaxis.

Example—

an EpiPen

"relevant person" means—

(a) a person who may administer an S3 poison under an approval; or

(b) a Queensland approved provider of a QEC approved service; or

(c) a supervisor for a QEC approved service; or

(d) an approved provider of an education and care service; or

(e) a nominated supervisor for an education and care service; or

(f) a principal of an educational institution; or

(g) a person nominated by a principal of an educational institution.

"supervisor" , for a QEC approved service, means a person appointed as supervisor for the service under the Education and Care Services Act 2013 , section 113 (3) .