Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 262: To ask the Minister for Health and Children the substances in products sold in head shops that are currently banned. [6679/10]

Mary Harney (Dublin Mid West, Independent)
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The Misuse of Drugs Act 1977 and its associated regulations control the import, export, production, supply and possession of a range of named narcotic drugs and psychotropic substances listed in the Schedules to the Act. Substances are scheduled under the Act in accordance with Ireland's obligations under international conventions and/or where there is evidence that the substances are causing significant harm to public health in Ireland.

The list of scheduled substances is kept under ongoing review. For example, in 2006 psychotropic ('magic') mushrooms were banned and their possession and sale is now illegal. On 31 March 2009, BZP was similarly subjected to legislative control measures and criminal sanctions. The Department is currently examining how the substances contained in SPICE, the BZP derivatives and others can be controlled under the Misuse of Drugs legislation. It is my intention to make the necessary regulations before the end of June.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 263: To ask the Minister for Health and Children the policy regarding the sale and use of pseudoephedrine. [6680/10]

Mary Harney (Dublin Mid West, Independent)
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Pseudoephedrine is a decongestant used in the treatment of colds and flu. The sale and supply of medicinal products containing pseudoephedrine is covered in the Medicinal Products (Prescription and Control of Supply Regulations) 2003 as amended. Products containing pseudoephedrine are exempt from prescription control at the low doses specified in the Regulations; however, under Regulation 6(1) such products are sold in pharmacies under conditions where the supply is effected by or under the personal supervision of a pharmacist.

Pseudoephedrine is also controlled by the EU Regulations 273/2004 and 111/2005 on Drug Precursors and the European Communities (Control of Precursors) Regulations 2009 (S.I. No. 558 of 2009). This legislative framework lays down rules for the monitoring of trade in drug precursors (such as pseudoephedrine) within the EU and with Third Countries. This legislation places obligations on operators (including manufacturers and distributors) to obtain a licence to possess or place drug precursors on the market.