With the National Day Golden Week of the Mainland approaching, the Department of Health (DH) today (September 27) reminded members of the public and travellers to verify the pharmacy logo in the prescribed form when purchasing medicines. The DH will continue to enhance enforcement actions against the illegal use of logos and titles of Authorized Sellers of Poisons (ASP) (commonly known as pharmacies) and carry out follow-up investigations on suspected violations. 

     From the end of September 2023 to August 2024, the DH has conducted around 10 000 inspections against ASP and Listed Sellers of Poisons. During the same period, investigations were initiated against 23 retailers, which were suspected of illegally displaying logo which so resembled the logo in the prescribed form of a pharmacy and/or the use of a pharmacy title. Two limited companies, which were not ASPs, were convicted of displaying logo, which so resembled the logo in the prescribed form of a pharmacy at the premises, at the West Kowloon Magistrates' Courts and the Kowloon City Magistrates' Courts in August this year and fined $3,000 and $16,800 respectively. Another proprietor of a retailer, who was also not an ASP, violated the same offence earlier and was convicted at the Kowloon City Magistrates' Courts and fined $4,000 in March this year.   

     According to the Pharmacy and Poisons Ordinance (Cap. 138) (the Ordinance), only persons authorised by the Pharmacy and Poisons Board of Hong Kong (the Board) as ASPs are allowed to conduct the relevant retail business of selling poisons, including poisons listed in Part 1 and Part 2 of the Poisons List at Schedule 10 to the Pharmacy and Poisons Regulations (Cap. 138A). Displaying a logo in the prescribed form of a pharmacy or a logo which so resembled the logo in the prescribed form at a premises other than the registered premises of a pharmacy, or using the Chinese term "药房" or the terms such as "pharmacy", "dispensary", "drug-store" in connection with any business engaged in the retail sale of poisons commits an offence. The maximum penalty upon conviction is a fine of $100,000 and two years' imprisonment. 

     To prevent the inappropriate use of pharmacy logos and titles by medicine retailers, the Board endorsed and announced that applicants for a medicine retailer licence (i.e. listed seller of poisons licence) who are not ASPs, must not use or display the Chinese title "药坊" in its premises. With the National Day Golden Week approaching, the DH has enhanced its inspections against licensed listed sellers of poisons in tourist areas, and reminded the licence holders to comply with the requirements of the relevant laws and regulations.

     A spokesman for the DH stressed that the use of a pharmacy logo or its title as stipulated by the Ordinance is applicable to all retailers, including those that are not licensed by the Board. The DH has been collecting intelligence through different channels. If any retailer is suspected of illegally displaying a pharmacy logo in the prescribed form or pharmacy title, the DH will follow up and carry out investigation immediately and conduct joint operation with relevant departments when necessary. 

     Moreover, the DH has implemented a series of measures to strengthen publicity and education to enhance public knowledge of registered pharmacies. The website of the Drug Office of the DH provides educational materials on "'Pharmacies' in Hong Kong", and names and addresses of all licensees (including ASPs) have also been uploaded on the website (www.drugoffice.gov.hk/eps/do/en/pharmaceutical_trade/search_drug_dealers.html) for public information. To enable the public to identify registered pharmacies, the DH has formulated a label for identification of ASPs, and the labels have been sent to each pharmacy for display in a conspicuous position in the pharmacy. Users can obtain information of the registered pharmacy by scanning the QR Code on the label displayed in the pharmacy.

Ends/Friday, September 27, 2024
Issued at HKT 16:00

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