1 DUBLIN CASTLE, 31st. January, 1916. Sir, I am directed by the Lord Lieutenant to transmit to you,
to be laid before the Royal College of Physicians of Ireland,
copies of letters which have been received from Messrs William
Cooper and Nephews of Berkhamsted and the Department of
Agriculture and Technical Instruction for Ireland on the
subject of the sale of carbolic preparations for agricultural
and horticultural purposes. His Excellency is advised that there is no power to
alter the Order in Council of the 17th June, 1897, approving
the resolution of the Royal College of Physicians adding,
amongst other substances, Phenol, commonly called Carbolic
Acid, to Part II. of Schedule A of the Sale of Poisons (Ireland)
Act, 1870, but that the object desired by Messrs Cooper and
Nephews may be attained by making an Order in Council under
Section 2(1) of the Poisons and Pharmacy Act, 1908, adding
to the poisonous substances mentioned therein any liquid
preparation of carbolic acid and its homologues, provided
that such poisonous substances shall be contained in a closed
vessel, distinctly labelled with the word "Poisonous," the
name and address of the seller and a notice of the special
purposes for which the preparations are intended. Before giving directions for the issue of such an Order
in Council His Excellency would be glad to receive and con-
sider any criticisms or suggestions which the Royal College
of Physicians may desire to offer in the matter. I am, Sir,
Your obedient Servant, E O'Farrell Macd.C
4.II.18 The Registrar,
Royal College of Physicians,
Kildare Street. 2 (Copy) 13832 Chemical Works,
Berkhamsted. 17th August, 1915. CJG/EC.
The Secretary of the Privy Council,
Dublin Castle, Dublin. Dear Sir, Will you be so kind as to inform us whether there
is any difference between the English and the Irish Law in
regard to the sale of Carbolic Preparations for Agricultural
and Horticultural purposes (1) by persons holding a license
for the sale of Agricultural and Horticultural poisons,
(2) by persons who do not hold such a license. The facts which immediately suggest this enquiry
are as follows:- We manufacture a fluid for the spraying
of fruit trees, containing a fairly high percentage of
phenols. This has beeen sold in Ireland by our Agents,
some of whom hold a Poisons License and others who do not. Some of these Agents have been told that they
being neither Pharmaceutical Chemists nor Druggists, the
selling of this fluid is a breach of the law. As far as we can gather the reason given why they
are supposed to be breaking the law is that under an Irish
Order in Council dated 18th June, 1897, Phenol, commonly
called "Carbolic Acid" was declared to be a poison and
directed to be added to Part 2 of Schedule A of the Poisons
Act, 1870, and apparently it is contended that, even with the
aid of a license under the Poisions Act, 1908, unqualified
persons cannot sell these preparations. As you are perhaps aware the English Order in
Council dealing with this subject is as follows:- "Carbolic Acid, and liquid preparations of
carbolic acid and its homologues, containing more than 3 %
of those substances, except preparations for use as sheep
wash or for any other purpose in connection with agriculture
or horticulture, contained in a closed vessel distinctly
labelled 3 the length and breadth of Ireland. In view of this position, which is obviously opposed
to the avowed intentions of Parliament in passing the
Posions Act, 1908, and the English Law upon the same subject
under which any person can sell Carbolic Preparations for
Horticultural and Agricultural purposes, we shall be glad
to know whether your Council will modify the Irish Order
in Council, 18th June, 1897, so as to bring it into accord
with the English law and with the intentions of Parliament. In the meantime as the season for the sale of Carbolic
Horticultural Preparations is now upon us, will you kindly
inform us, in the event of any prosecution taking place for
the sale of such preparations, whether you will advise the
Lord Lieutenant to remit any penalties which may be inflicted. Practically the whole of the sheep in the north of
Ireland, and many of those in other parts of the country are
in the autum dipped with Carbolic Preparations, 95 % of
which are sold by persons other than Chemists and Druggists
everyone of whom will apparently become liable to heavy
penalties on account of this violent change of policy by
the Pharmaceutical Society. Yours faithfully, William Cooper & Nephews. Macd.C
4.II.16 4 (Copy)
No. G. 4023-15. 17929. Department of Agriculture
and Technical Instruction
for Ireland,
Upper Merrion Street. 26th October, 1916. Sir, Adverting to your letter of the 22nd ultimo, 15342, and
enclosures, on the question of the sale of carbolic prepara-
tions in Ireland for agricultural and horticultural purposes,
I have to state, for the information of His Excellency the
Lord Lieutenant, that in the view of the Department, it
would be a considerable benefit to the Irish agricultural
industry that preparations of Phenol (carbolic acid) should
be sold for these purposes by persons licensed by the Country
Councils, as well as by pharmaceutical chemists and druggists
as is the case in Great Britain. Difficulties are often
experienced in Ireland in having sheep properly dipped, and
it would be extremely desirable that no unnecessary obstacle
should be placed in the way of the sale of carbolic preara—
tions for sheep dipping, and for horticultural purposes
generally. I am,
Sir,
Your obedient Servant, T. P. GILL,
Secretary. The Under Secretary,
DUBLIN CASTLE.