§ LORD DOUGLAS OF BARLOCHMy Lords, I beg to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government whether antibiotics are included in cosmetic preparations sold in this country; and whether any steps have been taken to prevent such use of antibiotics.]
THE EARL OF ONSLOWMy Lords. so far as Her Majesty's Government are aware, no cosmetic preparations including antibiotics are on sale in this country. They are assured that no such preparations are manufactured here, and none are known to be imported. The scope for the uncontrolled sale of such preparations is in any case extremely limited, as the sale or supply of most antibiotics is controlled under Part II of the Therapeutic Substances Act, 1956, which applies to penicillin and such therapeutic substances as are brought within the scope of the Act by regulations made jointly by the Health Ministers of England and Wales, Scotland, and Northern Ireland, being substances which appear to the Ministers, after consultation with the Medical Research Council, to be capable of causing danger to the health of the community if used without proper safeguards.
Section 9 of the Act prohibits the sale or supply of such substances, or of any preparations which contain such a substance, except by or on the direction of a medical practitioner, dental practitioner, veterinary surgeon, or veterinary practitioner for treatment on the direction of the practitioner or surgeon; or at a registered pharmacy on the prescription of such a practitioner or surgeon. The Act provides that the Ministers, by regulations, may relax this prohibition in particular cases in such circumstances and according to such conditions as may be specified. No proposals have been made to the Ministers to relax the requirements of the Act so as to permit the free sale of cosmetic preparations containing antibiotics. Her Majesty's Government are satisfied that the statutory provisions are sufficient to avoid any risk to health from the sale of cosmetic preparations containing antibiotics.
§ LORD DOUGLAS OF BARLOCHMy Lords, in thanking the noble Earl for that very satisfactory answer, may I ask whose duty it is to enforce the regulations to which he has referred?
THE EARL OF ONSLOWMy Lords, under the Act I have just mentioned, anybody who is found selling these things without proper right or control is liable to a fine of £100 and, on subsequent convictions, to imprisonment. These things can be sold only through the manufacturer, who sells them to the retailer in the ordinary way to go to a chemist or a doctor. Should the retailer sell cosmetics containing antibiotics he would be liable to a fine of £100 and, for a subsequent offence, to three months' imprisonment. I would suggest to your Lordships it is more than unlikely that this could be done, because 'the manufacturer puts things of this sort in his cosmetics only to advertise, "This is a better cosmetic than somebody else's because it contains something which stops giving you skin trouble." If any retailer sold such cosmetics he would immediately be fined £100, and go to gaol for three months on a second conviction. I would suggest to your Lordships that this is most unlikely and we have no evidence of the fact that this has been done.
§ LORD GREENHILLMy Lords, could the noble Earl say what system of inspection there is to ensure that antibiotics are not introduced into these cosmetics?
THE EARL OF ONSLOWMy Lords, the manufacturer manufactures a certain antibiotic. He sells it to the retailer, where it is controlled. If somebody else chooses 'to use that controlled drug otherwise than in accordance with Section 9 of the Act—and I am not going to bore your Lordships by reading out the almost unpronounceable names of the list of controlled antibiotics; they are all ones that matter—then he is liable to prosecution.
§ LORD GREENHILLMy Lords, I should be quite content if the noble Earl 342 would tell me what the system of inspection is.
THE EARL OF ONSLOWThere is no form of inspection in that way at the moment; it is merely that certain drugs are controlled under the 1956 Act. If any of those are used out of control, then the purveyor of those things is liable to prosecution under the 1956 Act.
§ VISCOUNT ALEXANDER OF HILLSBOROUGHMy Lords, I take it that the ordinary inspectors under the Food and Drugs Act make periodical visits to certain places and take samples. May I ask a question on one point which does not seem to be quite covered? I am obliged for the very full answer the noble Earl has given. What is done to control the importation from abroad of these cosmetics, some of which undoubtedly contain antibiotics?
THE EARL OF ONSLOWMy Lords, that matter comes under the Board of Trade, and does not arise out of the Question I am answering. It is a perfectly fair, non-Party thing to say that the situation at the moment is as I have stated. These drugs are controlled under the 1956 Act. Anyone who sells them anywhere except through the proper channels is liable to a considerable fine and imprisonment. It is most unlikely—in fact we have no evidence to support it—that any cosmetic is being made which has as an ingredient one of these possibly harmful antibiotics.
§ LORD DOUGLAS OF BARLOCHMy Lords, may I ask the noble Earl whether imported cosmetics are subject to analysis from time to time to see that these regulations are complied with?
THE EARL OF ONSLOWMy Lords, that, again, is rather wide of the question. That is a Board of Trade matter. If the noble Lord would like to put down another Question I should be delighted to get my colleague to reply to it or. if it comes to me, to do my best to answer it.