ADVOKS GLOBAL · KENYA
Pharmacy and Poisons Act
30. Poisons Book
Edition: 2023-12-11 · In force
30. Poisons Book
(1)Where any Part I poison is sold in the presence of the person by whom it is to be used, the seller shall not deliver it until—(a)he has made or caused to be made an entry in a book kept for the purpose, to be called a Poisons Book, indicating in the form prescribed the date of the sale, the name and address of the purchaser and of the person, if any, by whom the certificate required under paragraph (b) of subsection 29(2) was given, the name and quantity of poison sold, and the purpose for which it is stated by the purchaser to be required; and(b)the purchaser has affixed his signature to the aforesaid entry.(2)Where a Part I poison is sold in the presence of an agent or servant of the person by whom it is to be used, or where any such sale is effected by post, the following provisions shall apply—(a)before the sale is completed the seller shall obtain an order in writing signed by the purchaser, showing the purchaser’s name, address and occupation, the name and quantity of poison to be purchased and the purpose for which it is required:Provided that where a person represents that he urgently requires a poison for the purpose of his trade, business or profession and satisfies the seller that by reason of some emergency he is unable before delivery to furnish the order in writing, the seller may forthwith deliver the poison to the purchaser who shall within twenty-four hours of the sale furnish the seller with such written order as aforesaid;(b)before the sale is completed the seller shall satisfy himself that the signature on the order is that of the person by whom it purports to be signed, and that that person carries on the occupation stated in the order, being an occupation in which the poison to be purchased is properly required;(c)the requirements of subsection (1) of this section as to the making of entries in the Poisons Book shall be complied with, except that in place of the purchaser’s signature in the Poisons Book it shall be sufficient to enter in the space provided for such signature the words "signed order", together with a reference whereby the particular order may be readily identified;(d)all signed orders and prescribed records of transactions to which this section applies shall be retained on the premises where the sales were made, for such period as shall be prescribed;(e)if the poison is sent by post it shall be sent by registered or parcel post.(3)Any person who contravenes or fails to comply with any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.