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  • The Poisons Code defines certain drugs and poisons that are to be controlled as a part of Victoria’s legislation.

Drugs, Poisons and Controlled Substances Act 1981 Section 12 and 12E

I, Jill Hennessy, Minister for Health, give notice that the Poisons Code, prepared under section 12 of the Drugs, Poisons and Controlled Substances Act 1981 (the Act) will be amended pursuant to section 12E.

The Poisons List within the Poisons Code includes (a) a list of Schedule 1 poisons, (b) a list of any of the substances in Schedule 1 of the Poisons List or Schedules 2 to 9 of the Poisons Standard or the Appendices to the Poisons Standard that are not for general sale by retail, and (c) a list of exemptions from Schedule 1 of the Poisons List or Schedules 2 to 9 of the Poisons Standard.

The amendment will:

(1) add the following new entries to the Poisons Code, Poisons List, Chapter 1, Part 2 - List of substances that are not for general sale by retail:

New entries

The amendment will enable the Azo dyes that are derivatives by diazotisation of any of the following substances:

p-aminoazobenzene (CAS No. 60-09-3)
o-aminoazotoluene (CAS No. 97-56-3)
o-anisidine (CAS No. 90-04-0)
p-chloroaniline (CAS No. 106-47-8)
4-chloro-o-toluidine (CAS No. 95-69-2)
6-methoxy-m-toluidine (p-cresidine) (CAS No. 120-71-8)
2-naphthylamine (CAS No. 91-59-8)
5-nitro-o-toluidine (CAS No. 99-55-8)
2,4-toluenediamine (CAS No. 95-80-7)
o-toluidine (CAS No. 95-53-4)
2,4,5-trimethylaniline (CAS No. 137-17-7) the benzidine-based azo dye C.I. Direct Orange 1 (CAS No. 54579-28-1)

to be prohibited from retail sale when they are Schedule 7 poisons, in line with regulation in other Australian States and Territories.

(2) Amend the following existing entry in the Poisons Code, Poisons List, Chapter 1, Part 2 -- List of substances that are not for general sale by retail by including:

SPECIAL SCHEDULE 7 SUBSTANCES, the following -

the substances listed in Schedule 10 of Part 4 of the Poisons Standard as in force from time to time.

(3) Correct the Poisons Code, Poisons List Chapter 1, Part 3 -- Exemptions, to ensure that those substances exempted from the Poisons Standard are also exempted from the Poisons Code by including the following new entry:

1.3 A substance is not included in a Schedule of the Poisons Standard in the circumstances described in items (h), (i), (j) and (k) of paragraph 1(2) of Part 1 and Appendices A and G of Part 5 of the Poisons Standard as in force from time to time.

The date fixed for the inclusion of the amendments is the 9th of February 2017.

The Poisons Code may be inspected free of charge during normal business hours at the Department of Health and Human Services, 50 Lonsdale Street, Melbourne 3000 or can be obtained directly from the Department of Health & Human Services on phone 1300 364 545 or can be accessed from the Department of Health &  Human Services website.

HON JILL HENNESSY MP
MINISTER FOR HEALTH

Poisons Code

Chapter 1 - Poisons list

Part 1 - The Poisons List

1.1 The Schedule of the Poisons List is:
SCHEDULE:                          1
SCHEDULE HEADING:        No heading.
SUBSTANCES:                     There are no substances included in this Schedule.

Part 2 - List of substances that are not for general sale by retail

1.2 The substances that are not for general sale by retail are the substances listed below -

ACRYLONITRILE.
ARSENIC when it is a Schedule 7 poison.
AZO DYES that are derivatives by diazotisation of any of the following substances:

p-aminoazobenzene (CAS No. 60-09-3)
o-aminoazotoluene (CAS No. 97-56-3)
o-anisidine (CAS No. 90-04-0)
p-chloroaniline (CAS No. 106-47-8)
4-chloro-o-toluidine (CAS No. 95-69-2)
6-methoxy-m-toluidine (p-cresidine) (CAS No. 120-71-8)
2-naphthylamine (CAS No. 91-59-8)
5-nitro-o-toluidine (CAS No. 99-55-8)
2,4-toluenediamine (CAS No. 95-80-7)
o-toluidine (CAS No. 95-53-4)
2,4,5-trimethylaniline (CAS No. 137-17-7)

when they are Schedule 7 poisons.

BENZENE when it is a Schedule 7 poison.
BENZIDINE-BASED AZO DYES being:

2,2'-[[1,1'-biphenyl]-4,4'-diylbis(azo)]bis[N-(4-chlorophenyl)-3-oxobutanamide]
CAS No. 94249-03-3

Acid Red 85 (Acid Fast Red A)
1,3-Naphthalenedisulfonic acid, 7-hydroxy-8-[[4'-[[4-[[(4-methylphenyl)sulfonyl]oxy]phenyl]azo][1,1'-biphenyl]-4-yl]azo]-, disodium salt
CAS No. 3567-65-5

C.I. Acid Black 29
CAS No. 12217-14-0

C.I. Direct Orange 1
CAS No. 54579-28-1

Direct Black 38
2,7-Naphthalenedisulfonic acid, 4-amino-3-[[4'-[(2,4-diaminophenyl)azo][1,1'-biphenyl]-4-yl]azo]-5-hydroxy-6-(phenylazo)-, disodium salt
CAS No. 1937-37-7

Direct Blue 2
2,7-Naphthalenedisulfonic acid, 5-amino-3-[[4'-[(7-amino-1-hydroxy-3-sulfo-2-naphthalenyl)azo][1,1'-biphenyl]-4-yl]azo]-4-hydroxy-, trisodium salt
CAS No. 2429-73-4

Direct Blue 6
2,7-Naphthalenedisulfonic acid, 3,3'-[[1,1'-biphenyl]-4,4'-diylbis(azo)]bis[5-amino-4-hydroxy-, tetrasodium salt
CAS No. 2602-46-2

Direct Brown 2
5-[[4'-[(7-amino-1-hydroxy-3-sulfo-2-naphthalenyl)azo][1,1'-biphenyl]-4-yl]azo]-2-hydroxy- benzoic acid disodium salt
CAS No. 2429-82-5

Direct Brown 95
Cuprate(2-), [5-[[4'-[[2,6-dihydroxy-3-[(2-hydroxy-5-sulfophenyl)azo]phenyl]azo][1,1'-biphenyl]-4-yl]azo]-2-hydroxybenzoato(4-)]-, disodium salt
CAS No. 16071-86-6

Direct Green 1
2,7-Naphthalenedisulfonic acid, 4-amino-5-hydroxy-3-[[4'-[(4-hydroxyphenyl)azo][1,1'-biphenyl]-4-yl]azo]-6-(phenylazo)-, disodium salt
CAS No. 3626-28-6

Direct Green 6
2,7-Naphthalenedisulfonic acid, 4-amino-5-hydroxy-6-[[4'-[(4-hydroxyphenyl)azo][1,1'-biphenyl]-4-yl]azo]-3-[(4-nitrophenyl)azo]-, disodium salt
CAS No. 4335-09-5

Direct Red 28 (Congo Red)
1-Naphthalenesulfonic acid, 3,3'-[[1,1'-biphenyl]-4,4'-diylbis(azo)]bis[4-amino-, disodium salt
CAS No. 573-58-0

Direct Red 37
1,3-Naphthalenedisulfonic acid, 8-[[4'-[(4-ethoxyphenyl)azo][1,1'-biphenyl]-4-yl]azo]-7-hydroxy-, disodium salt
CAS No. 3530-19-6

when they are Schedule 7 poisons.

BENZIDINE-CONGENER (3,3'-DISUBSTITUTED) AZO DYES when they are Schedule 7 poisons.
CACODYLIC ACID when it is a Schedule 7 poison.
CYANIDES, METALLIC when they are Schedule 7 poisons.
1,2-DIBROMO-3-CHLOROPROPANE.
4-DIMETHYLAMINOAZOBENZENE.
FLUOROACETAMIDE when it is a Schedule 7 poison.
FLUOROACETIC ACID except when included as sodium monofluoroacetate or sodium fluoroacetate (commonly known as "1080" or "ten-eighty") in ready-to-use bait products that are:

a.    registered by the Australian Pesticides and Veterinary Medicines Authority ("the Authority") under Part 2 of the Agvet Code; or
b.    permitted to be possessed or supplied under a 'permit for supplying a perishable bait treated with a registered chemical product' issued by the Authority under Part 7 of the Agvet Code.

HYDROCYANIC ACID when it is a Schedule 7 poison.
4,4'-METHYLENEBIS[2-CHLOROANILINE].
NICOTINE for human use when it is a Schedule 7 poison. (effective 1 January 2009)
2-NITROTOLUENE for cosmetic use when it is included in Schedule 7
OVULATORY STIMULANTS, the following substances -

clomiphene for human use; and
cyclofenil for human use.

PROSTAGLANDINS, the following substances -

dinoprost for human use; and
dinoprostone for human use.

RETINOIDS, the following substances -

acitretin for human use; and
bexarotene for human use; and
etretinate for human use; and
isotretinoin for human oral use; and
tretinoin for human oral use.

SPECIAL SCHEDULE 7 SUBSTANCES, the following -

the substances listed in Schedule 10 of Part 4 of the Poisons Standard as in force from time to time.

STRYCHNINE when it is a Schedule 7 poison.
THALIDOMIDE for human use.
THALIDOMIDE-LIKE SUBSTANCES, the following -

lenalidomide for human use. (effective 1 January 2009)
pomalidomide for human use.

THALLIUM when it is a Schedule 7 poison.
VINYL CHLORIDE when it is a Schedule 7 poison.

Part 3 - Exemptions

1.3 A substance is not included in a Schedule of the Poisons Standard in the circumstances described in items (h), (i), (j) and (k) of paragraph 1(2) of Part 1 and Appendices A and G of Part 5 of the Poisons Standard as in force from time to time.

CHAPTER 2 - INTERPRETATION

2.1 The interpretations included in Part 1 of the Poisons Standard as in force from time to time are incorporated by reference for the purposes of this Code.

CHAPTER 3 - REVOCATION

3.1 Previous Poisons Code revoked

The Poisons Code prepared under sections 12 and 12E of the Drugs, Poisons and Controlled Substances Act 1981 on 10 July 1997, that became effective on 1 August 1997, and was subsequently amended on 20 September 1997, 19 December 1997, 19 March 1998, 19 June 1998, 20 September 1998, 21 September 1998, 23 September 1998, 19 December 1998, 18 March 1999, 18 June 1999, 29 July 1999, 19 September 1999, 3 February 2000, 17 March 2000, 2 May 2004, 10 November 2004, 1 October 2006, 1 January 2008, 1 January 2009, 13 February 2009, 20 November 2014 and 2 July 2015 is revoked.

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