Measure 23 / 1955 Coll.
Legal measures on poisons and harmful health substances
Valid
Effective from 30.04.1955
23.
Legal measures of the Bureau of the National Assembly
of 31 March 1955
on poisons and harmful health substances.
The Bureau of the National Assembly of the Czechoslovak Republic has decided on the following legal measure under Article 66 of the Constitution:
Poison and poison list.
(1) In accordance with this legal measure, substances (preparations) which the Ministry of Health, in agreement with the Ministry of the Interior and other participating ministries, shall be considered to be poisons shall be included in the list of poisons published in the official list.
(2) In the list of poisons, the Ministry of Health may also, in agreement with the Ministry of the Interior and other ministries involved, determine for what purpose certain poisons may be used, where they may not be used.
New toxic substances.
Substances (products) which have been newly discovered and which may have the properties and effects of poisons must be submitted for assessment by the Ministry of Health. Until such substances (products) are placed on the list of poisons or until it is decided that they are not poisons, they may be used in any way only with the consent of the Ministry of Health issued in agreement with the Ministry of the Interior; consent is not required when such substances (products) are used for scientific or research purposes.
The production, processing and preparation of poisons.
(1) Poison may only be produced, processed or prepared by undertakings authorised by the Ministry under its jurisdiction in agreement with the Ministry of the Interior and Health. The production, processing and preparation of toxic plant protection products is authorised by the Ministry of Agriculture in agreement with the Ministry of Interior and Health and by the Ministry of Business. The production, processing and preparation of narcotic drugs is authorised by the Ministry of Health in agreement with the Ministry of the Interior. The authorisation shall specify the types of poisons to which it applies.
(2) Undertakings producing, processing or preparing poisons (hereinafter referred to as "manufacturing undertakings") must keep accurate records of raw materials for the production, processing or preparation of poisons and manufactured poisons.
Imports of foreign poisons.
(1) Special authorisation by the Ministry of Foreign Trade, issued in agreement with the Ministry of the Interior and Health, is required for imports of foreign poison; If there are narcotic substances, this authorisation is issued by the Ministry of Health. In the case of narcotic drugs, special authorisation by the Ministry of Health shall also be required for exports and transit.
(2) The importer must keep accurate records of imports, storage and disposal of poisons.
Poison sale.
(1) Production undertakings and importers may only sell poisons to other authorised undertakings in the manufacturing or manufacturing or plant for which authorisation has been granted for resale or use of poisons.
(2) The authorisation for the resale of poisons is granted by the Regional Administration of the Ministry of the Interior in agreement with the Regional Health Service. the authorisation for the resale of narcotic drugs is issued by the Ministry of Health in agreement with the Ministry of the Interior.
(3) The undertakings (installations) authorised to sell poisons must keep accurate records of the collection, storage and sale of poisons.
Using poisons.
Undertakings and establishments which use poisons in their activities may only carry on such activities with special permission. The permit for the use of poisons is issued by the Regional Administration of the Ministry of the Interior in agreement with the Regional Health Service; it shall grant them only if the professional knowledge and reliability of the employees of the undertaking (plant) and other conditions for the correct treatment of poisons are guaranteed. The authorisation shall specify the types of poisons to which it applies.
Poison collection.
(1) The authorisation for the production, processing or preparation of poisons and the authorisation for the use of poisons also includes the authorisation for the collection of poisons.
(2) Otherwise, the management authority of the local national committee may, in justified cases, issue a single removal permit for a given poison for a specified purpose.
The course of poisons.
The poison must not be disposed of or transferred to a person who does not have the appropriate authorisation.
Poison handling.
In the manufacture, processing, preparation and sale of poisons, as well as in their custody, transport and use, such operational and control measures must be provided to prevent threats to the health and life of citizens as well as to the misuse of poisons. The stocks of poisons must be clearly compared, labelled and safely stored, always separately from other objects, in particular the food.
Treatment of medicinal products containing poison and harmful chemical products.
Paragraph 9 shall apply mutatis mutandis to the production, processing, sale, labelling, storage, transport and use of products which contain poison in a concentration of harmful health and are not included in the list of poisons and chemical products harmful to health.
Surveillance.
The authorities of the Ministry of the Interior and the authorities of the State Health Administration, in particular those empowered to do so, shall be entitled to enter all plants, facilities and objects where poisons are present, to take samples in the necessary quantities and extent for the examination and to require the necessary documents and data. Military authorities shall perform this function in the Ministry of Defence.
Special provisions.
(1) Paragraphs 3 (1) and 6 do not apply to pharmacies and other medical establishments designated by the Minister for Health.
(2) Authorisation for the manufacture, processing or preparation of poisons and authorisation for the use of poisons are replaced by:
(a) in the case of research and scientific institutes, an indication of their establishment where it indicates that the use of poisons is an indication of the Institute's activities;
(b) in the case of schools of professional and high education, where they show that the use of poisons is necessary for teaching purposes.
The exemption provided for in this paragraph shall not apply to the manufacture, processing, preparation and use of narcotic drugs.
(3) Specific rules apply to the registration, supply, collection and import of medicinal products.
Enabling provisions.
(1) The Minister for Health is hereby authorised to lay down, in an agreement with the Minister for the Interior and the Minister for Home Affairs,
(a) the eligibility of persons participating in the manufacture, processing or preparation of poisons and the capacity of persons selling or storing poisons;
(b) how poisons are treated, products containing poisons and harmful chemical products, in particular how the poisons and those products are to be stored, packaged, transported, if any destroyed, and how their packaging is to be labelled.
(2) The Minister of the Interior is hereby authorised to issue, in agreement with the Minister for Health and the Minister for Health, other detailed provisions for the implementation of this legal measure, in particular to lay down:
(a) what are the conditions for authorisation under Articles 3 (1), 5 (2) and 6 and 7,
(b) the formalities which must be provided for in the records provided for in this legal measure (Sections 3, 4 and 5).
Transitional and final provisions.
Undertakings and establishments carrying out an activity for which authorisation under this legal measure is required shall submit an application to the competent authority within one month of the date on which the legal measure takes effect. Confirmation that the application has been submitted in time shall replace the authorisation until the decision on the application.
(1) All provisions on matters governed by this legal measure shall be repealed; in particular:
1. Regulation No 60 / 1876 / 76 on trade in poisons, medicinal products containing harmful substances and chemical preparations, as amended by Regulations No 10 / 1886 / 2001, No 10 / 1941 Coll. and No 116 / 1942 Coll.,
2. Regulation No 111.005 / 1894 B. M. (uh. min. interior), on the trade in medicines, medicinal products and poisons and substances containing poison,
3. Regulation No. 196 / 1907, as amended by Regulation No 106 / 1914, on a special licence under Paragraph 23 (1) of the Trade Code, in so far as it applies to poisons,
4. the provisions of Section 1 (VI) of Decree-Law No 105 / 1925 Coll., on the special qualification certificate for licensed trades referred to in Section 37 (1) of the Commercial Act, in so far as they apply to poisons,
5. opium Act No. 29 / 1938 Coll. and Government Decree No. 137 / 1938 Coll., implementing the opium Act,
6. Clause 27 of Act No. 188 / 1950 Coll., on Improvement of Plant Production, if applicable for Poison, and Paragraph 28 of the same Act.
(2) The regulations governing the transport of poisons by rail are unaffected.
(3) The provisions of this legal measure shall be applied mutatis mutandis in accordance with existing rules, unless they contravene that legal measure.
This legal measure shall take effect on the day of its publication; They shall be implemented by the Home and Health Ministers in agreement with the participating members of the Government.
Zaporocký v. r.
Fierlinger v. r.
Broad v. r.
Dr Dolansky v. r.
Maj-Gen Dr. Cap v. r.
Kopecký v. r.
Ing. Jankovcová v. r.
Dr Skoda v. r.
Bark v. r.
Ing. Shimonek v. r.
Dr Kylý v. r.
Plojhar v. r.
Dr. Nove v. r.
David v. r.
Děuriš v. r.
Krajčir v. r.
Kromir
Machachová v. r.
Dr. Unedible v. r.
Polack v. r.
Stoll v. r.
Uher v. r.
Lamb
Jonah v. r.
Reitmajer v. r.
Smida v. r.
Dr Bartuška v. r.
Dvořák v. r.
Dr Kahuda v. r.
Malek v. r.
Maurer v. r.
Dr Neuman v. r.
Nosek v. r.
Pospíšil v. r.
Ing. Púčik v. r.
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Regulation Information
| Citation | Measure No 23 / 1955 Coll., on poisons and substances of harmful health |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.1955 |
|---|---|
| Effective from | 30.04.1955 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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