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We are a proprietary Chinese medicine retailer. What special day-to-day regulatory requirements apply when selling Schedule 1 Chinese herbal medicines (such as Aconitum carmichaelii and Aconitum kusnezoffii)?

A complete explanation of the regulatory basis, Drew Tang’s recommendations and risk alerts. The original material dates from 2025; read it alongside the latest official requirements.

Original guide, 2025 edition: These FAQs are provided for topic-based reference and have not all been individually checked against current rules. Please confirm fees, personnel, renewal, changes and product requirements against the professional in-depth guide for the relevant licence type and the official requirements in force at the time.

Drug Office, Department of Health Chinese Medicines Board

Q392 · Category H: Licensed operations and routine regulatory oversight (Q351–Q400)
As a licensed proprietary Chinese medicine retailer, you must meet stricter regulatory requirements than those applying to ordinary Chinese herbal medicines when selling toxic Chinese herbal medicines listed in Schedule 1, in order to protect public safety. In day-to-day operations, you must: 1. Obtain a prescription from a registered Chinese medicine practitioner before dispensing and selling; sales without a prescription are strictly prohibited. 2. Keep a dedicated “toxic Chinese herbal medicine sales register” recording each transaction in detail, including the date, patient's name and address, prescribing Chinese medicine practitioner's name, name of the medicine and quantity sold. 3. Store these medicines in a dedicated locked cabinet, clearly separated from other medicines to prevent confusion or misuse. 4. Ensure that dispensing is carried out by a registered Chinese medicine practitioner or a Chinese medicine dispensing assistant under the supervision of a registered Chinese medicine practitioner. 5. Clearly mark the medicine container with the words “poison” or “Toxin” and other warning information.

📘 Regulatory basis

The Chinese Medicine Ordinance (Cap. 549) and its subsidiary legislation, the Chinese Medicines Regulation, set out strict requirements for the retail, labelling, storage and record-keeping of Chinese herbal medicines listed in Schedule 1.

📗 Drew Tang's recommendations

We recommend that retailers provide dedicated training to all staff to ensure that they can accurately identify Schedule 1 Chinese herbal medicines and understand the relevant sales restrictions. The register should be checked daily to ensure that no entries are missing. When receiving prescriptions from Chinese medicine practitioners, check them carefully and proactively contact the prescribing practitioner for confirmation if anything is in doubt (for example, an unusually high dose). This is both a compliance requirement and a professional responsibility to protect patients and yourself.

📕 Risk notice

Illegal sale of Schedule 1 toxic Chinese herbal medicines is a serious criminal offence. Investigators from the Chinese Medicine Council of Hong Kong may conduct undercover operations. If a breach is established, the shop and persons responsible may face prosecution and substantial fines, and the professional qualifications of the Chinese medicine practitioner or dispenser concerned may also be suspended or revoked. This is an absolute red line.

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