PART VI.

Provisions in Relation to Medical and Toilet Preparations and Certain Other Articles.

65. —(1) In this section—

the word “substance” includes a preparation;

the expression “proprietary designation” means a designation of a substance manufactured, selected or distributed by a particular person which is used in order to distinguish the substance from substances manufactured, selected or distributed by other persons;

the expression “medical preparation” means—

(a) a substance which is sold under a proprietary designation and which may be used for the prevention or treatment of any human ailment, infirmity, injury or defect, or

(b) any other prophylactic, diagnostic or therapeutic substance which may be used for the prevention or treatment of any human ailment, infirmity, injury or defect;

the expression “toilet preparation” means a substance which is sold under a proprietary designation to be applied for toilet or cosmetic purposes to the human body or any part thereof.

(2) The Minister may make regulations for the control of the advertisement or sale of medical preparations or toilet preparations generally or of any specified class of such preparations or of any particular medical preparation or toilet preparation.

(3) Regulations under this section may, in particular, make provision for all or any of the following matters:—

(a) the prohibition of the manufacture, preparation, importation, distribution, sale or offering or keeping for sale of the preparation or preparations to which the regulations relate either absolutely or subject to specified conditions (including the grant of a licence for the manufacture, preparation, importation, distribution or sale of such preparation or preparations);

(b) the prohibition of the advertisement of the preparation or preparations to which the regulations relate either absolutely or subject to specified conditions (including the grant of a licence for the advertisement of such preparation or preparations) and the prohibition of the sale or offering or keeping for sale of any such preparation which is advertised in contravention of such regulations;

(c) the requiring of the printing on the outside of packets or containers in which preparations are to be sold of the compositions of such preparations and the prohibition of the sale of any preparation in a packet or container which has not printed on the outside thereof the composition of the preparation;

(d) the determination of the classes of persons to whom licences under the regulations are to be granted;

(e) the prescribing of conditions governing the grant, retention or renewal of licences under the regulations;

(f) the requiring of applicants for or holders of licences under the regulations to furnish specified information in regard to the constitution, manufacture, importation, storage, distribution, sale or advertisement of the preparations to which their applications or licences relate;

(g) the refusal or revocation of licences under the regulations;

(h) the giving and the taking (without payment) of samples of medical preparations or toilet preparations;

(i) the imposition of charges (whether fixed, variable or partly fixed and partly variable) in respect of the grant, retention or renewal of licences under the regulations.

(4) A person who contravenes a regulation under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five hundred pounds.

(5) An offence under this section may be prosecuted by the Minister.

66. —(1) The Minister may by order provide that—

(a) any instrument, appliance or apparatus of a class as respects which he is of opinion that the use by the general public of instruments, appliances or apparatuses of that class involves risk of serious injury to health or body, or

(b) a substance as respects which he is of opinion that it is likely, when accessible to the general public, to be used for purposes involving risk of serious injury to health or body,

shall be a restricted article for the purposes of this section.

(2) In the subsequent subsections of this section, the expression “restricted article” means an article declared by an order under this section to be a restricted article for the purposes of this section.

(3) The Minister may grant to a registered medical practitioner a permit for the importation, manufacture, sale or other disposal of a restricted article and may attach to the permit such conditions (if any) as he thinks proper.

(4) Save so far as may be authorised by a permit under subsection (3) of this section, it shall not be lawful for a person to import, manufacture, sell or otherwise dispose of, or offer or keep for sale or other disposal, a restricted article.

(5) It shall not be lawful for a person to advertise a restricted article.

(6) A person who contravenes subsection (4) or (5) of this section or who, having been granted and having availed of a permit under subsection (3) of this section, does not comply with a condition attached to the permit, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment and, in every case, to forfeiture of the restricted article in relation to which the offence was committed.

(7) Any article forfeited under subsection (6) of this section shall be disposed of in such manner as the Minister may direct.

(8) Where, on an inspection under section 94 of this Act of any premises, any restricted article is found in relation to which the person making the inspection has reasonable grounds for believing that an offence under this section has been committed, such person may seize, remove and detain the article.

(9) An offence under this section may be prosecuted by the Minister.

67. —(1) The Minister may make regulations—

(a) prescribing standards of cleanliness for flock either generally or as respects a particular type of flock,

(b) prohibiting the sale or keeping for sale, or use or keeping for use for the purpose of making bedding, cushions, articles of upholstery and similar articles of flock which does not conform with the prescribed standards.

(2) Regulations under this section—

(a) may provide for the enforcement and execution of the regulations by officers of the Minister, by health authorities and their officers and, with the consent of the Minister for Local Government, by officers of sanitary authorities,

(b) may provide for the empowering of specified persons (being authorised officers for the purpose of Part IX of this Act) to seize and remove, and to detain and destroy or have otherwise suitably disposed of flock which does not conform with the prescribed standards,

(c) may provide for the giving and taking (without payment) of samples of flock and the carrying out of tests, examinations and analyses of such samples,

(d) may prescribe the classes of persons to be responsible for the carrying out of tests, examinations and analyses of samples of flock and the means by and the manner in which such test, examination or analysis is to be made,

(e) may prescribe the certificate or other evidence to be given of the result of any test, examination or analysis and the classes of persons by and to whom such certificate or evidence is to be given,

(f) may provide that any certificate or other evidence prescribed under paragraph (e) of this subsection and given in respect of the test, examination or analysis of a sample shall as respects that sample be evidence for all purposes of the result of such test,

(g) may provide for the registration of premises in which flock is kept for sale or for use for the purpose of making bedding, cushions, articles of upholstery and similar articles.

(3) Wherever regulations made under subsection (1) of this section provide that any particular certificate or other evidence shall be evidence for all purposes of the result of a test, examination or analysis of a sample, such certificate or other evidence shall, as respects those samples, be accepted by all Courts of Justice as evidence of the result of such test and shall also be accepted by all Courts of Justice as evidence that such test was carried out under and in accordance with the regulations.

(4) Where a person is charged with having flock in his possession in contravention of regulations made under this section, any flock found in his possession shall, until the contrary is proved, be deemed to be intended for sale or for use in the manufacture of bedding, cushions, articles of upholstery or similar articles.

(5) If the defendant in any prosecution for an offence under this section proves—

(a) that he purchased the flock as of a standard of cleanliness which would not have contravened any regulation under this section and with a written warranty to that effect, and

(b) that he had no reason to believe at the time when he committed the offence with which he is charged that the flock did not conform with the prescribed standard of cleanliness, and

(c) that at the said time, the flock was in the same state as when he purchased it,

such defendant shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the prosecutor unless he gave due notice to the said prosecutor that he proposed to rely on the said defence.

(6) A statement by the manufacturer, importer or seller of flock as to its standard of cleanliness, in an invoice or on a label attached to the flock or on the container in which the flock is sold shall be deemed for the purposes of paragraph (a) of subsection (5) of this section to be a warranty.

(7) Where it appears to the authority or officer enforcing regulations made under this section that an offence has been committed in respect of which proceedings might be taken under this section against some person but that such person could establish a defence under subsection (5) of this section by proving that the offence complained of was due to an act or default of some other person, such authority or officer may take proceedings against that other person without taking proceedings against the first-mentioned person.

(8) A person who contravenes a regulation under this section or who wilfully obstructs the execution of a regulation under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(9) In this section, the word “flock” includes—

(a) rag flock which is produced wholly or in part by tearing up woven or knitted or felted material or other like articles whether new or old, and

(b) hair, fibre, down, feathers, and other similar materials, whether new or old, used for making bedding, cushions, articles of upholstery or similar articles.