P-10 - Pharmacy Act

Section 38 Disposition versions

1998-07-01

38. (Repealed).

1973, c. 51, s. 38; 1985, c. 23, s. 24; 1990, c. 75, s. 9.

1985-06-20

38. (1)  Nothing in this Act shall apply to the manufacture or sale of a patent or proprietary medicine.

(2)  Nevertheless, if there is reason to fear that such medicine contains poison in such quantity as to render its use, in the prescribed dosage, dangerous to health or life, the Minister of Health and Social Services may cause an analysis of it to be made by an analyst or other competent person.

(3)  If, after the analysis, the report establishes that such medicine contains a poison in sufficient quantity to render its use, in the prescribed dosage, dangerous to life or health, the Minister of Health and Social Services must notify the manufacturer or proprietor of such medicine or his agent or representative in Québec, of the result of the analysis, and in that case must fix a convenient time and place at which the manufacturer or proprietor may appear before him to contest such report.

(4)  If the Minister of Health and Social Services is of opinion that the medicine is dangerous as aforesaid, in the prescribed dosage, he must report his opinion to the Government.

(5)  The Minister of Health and Social Services shall submit to the Government a report of the analysis, and the objections, if any, which the manufacturer or proprietor has made to it, and the Minister’s own report on the analysis, and if the Government approves the report, notice of it shall be given in the Gazette officielle du Québec, and after such notice the provisions of this Act relating to poisons shall apply to such medicine, whether sold by pharmacists or others.

(6)  This Act shall not apply, however, to the sale of the following substances:

Alum, ammoniac solution, arrow-root, benzine, bicarbonate of soda, borax, camphorated chalk, carbonate of soda, castor oil, chlorinated lime, cochineal, cod-liver oil, cooking extracts, cream of tartar, Epsom salts, Glauber salts, glycerine, gum camphor, household ammonia, linseed, magnesium carbonate, magnesium citrate, magnesium hydroxide, marjoram, olive oil, paraffin, parsley, saltpetre, savory, senna, sodium phosphate, sulphur, thyme, turpentine, yellow beeswax, acetyl salicylic acid.

1973, c. 51, s. 38; 1985, c. 23, s. 24.

1977-12-31

38. (1)  Nothing in this act shall apply to the manufacture or sale of a patent or proprietary medicine.

(2)  Nevertheless, if there is reason to fear that such medicine contains poison in such quantity as to render its use, in the prescribed dosage, dangerous to health or life, the Minister of Social Affairs may cause an analysis of it to be made by an analyst or other competent person.

(3)  If, after the analysis, the report establishes that such medicine contains a poison in sufficient quantity to render its use, in the prescribed dosage, dangerous to life or health, the Minister of Social Affairs must notify the manufacturer or proprietor of such medicine or his agent or representative in Québec, of the result of the analysis, and in that case must fix a convenient time and place at which the manufacturer or proprietor may appear before him to contest such report.

(4)  If the Minister of Social Affairs is of opinion that the medicine is dangerous as aforesaid, in the prescribed dosage, he must report his opinion to the Government.

(5)  The Minister of Social Affairs shall submit to the Government a report of the analysis, and the objections, if any, which the manufacturer or proprietor has made to it, and the Minister’s own report on the analysis, and if the Government approves the report, notice of it shall be given in the Gazette officielle du Québec, and after such notice the provisions of this act relating to poisons shall apply to such medicine, whether sold by pharmacists or others.

(6)  This act shall not apply, however, to the sale of the following substances:

Alum, ammoniac solution, arrow-root, benzine, bicarbonate of soda, borax, camphorated chalk, carbonate of soda, castor oil, chlorinated lime, cochineal, cod-liver oil, cooking extracts, cream of tartar, Epsom salts, Glauber salts, glycerine, gum camphor, household ammonia, linseed, magnesium carbonate, magnesium citrate, magnesium hydroxide, marjoram, olive oil, paraffin, parsley, saltpetre, savory, senna, sodium phosphate, sulphur, thyme, turpentine, yellow beeswax, acetyl salicylic acid.

1973, c. 51, s. 38.