Poisons Licences

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THE REQUIREMENTS OF THE POISONS ACT 1972 IN RELATION TO LISTED SELLERS

Background

1.1 The Poisons Act 1972 and the Poisons Rules 1982 prohibit the sale of poisons unless the seller is a retail pharmacist or a person who has his name on the local authority's list entitling him to sell poisons from the premises named.

1.2 A person whose name is entered in the local authority's list (a listed seller) CANNOT sell poisons which are included in Part 1 of the Poisons List. These may only be sold by a pharmacist.

1.3 A listed seller or his named deputies is authorised to sell the poisons named in Part II of the Poisons List subject to conditions stated below.

1.4 Each listed seller is required to keep a Poisons Book in which certain information relating to each sale of a poison must be entered before delivery to the purchaser. (See 3.1.4, 3.1.5 and 6.1 for exemption from this requirement.)

2. Poisons which can be sold by a listed seller

2.1 A listed seller can sell any of the following poisons:

Aldicarb	Alpha-chloralose	Ammonia
Carbofuran	Cycloheximide	Dinoterb
Drazoxolon & its salts	Endothal & its salts	Endosulfan
Endrin	Formaldehyde	Formic acid
Hydrofluoric acid	Alkali metal bifluorides	Ammonium bifluoride
Alkali metal fluorides	Ammonium fluoride	Sodium Silico-fluoride
Mercuric chloride	Mercuric iodide	Metallic oxalates
Methomyl	Nitric acid	Nitrobenzene
Oxamyl	Phosphoric acid	Sodium nitrate
Sulphuric acid	Thiofanox	Zinc phosphide

The following arsenic compounds:

Calcium arsenites	Copper acetoa arsenite	Copper arsenates
Copper arsenites	Lead arsenates

The following salts of barium:

• Barium carbonate
• Barium silicofluoride
• Dinitrocresols (DNOC) and their compounds with a metal or a base
• Dinoseb and its compounds with a metal or a base
• Compounds of fentin
• Hydrochloric acid
• Organic compounds of mercury except compounds which contain a methyl (CH3) group directly linked to the mercury atom
• Nicotine and its salts and quaternary compounds
• Salts of paraquat

The following phosphorus compounds:

Azinphos-methyl	Chlorfenvinphos	Demephion
Demeton-S-methyl	Demeton-S-methyl sulphone	Dialifos
Dichlorvos	Dioxathion	Disulfoton
Fonofos	Mecarbam	Mephosfolan
Methidathlion	Mevinphos	Omethoate
Oxdemeton-methyl	Parathion	Phenkapton
Phorate	Phosphamidon	Pirimiphos-ethyl
Quinalphos	Thiometon	Thionazin
Triazophos	Vamidothion
Potassium hydroxide (caustic potash)	Sodium hydroxide (caustic soda)

3. Requirements for Listed Sellers

3.1 The following requirements apply to all listed sellers of Part II poisons.

3.2 The sale must be effected on the premises specified in the local authority's list.

3.3 No poison may be sold which since being obtained by the seller has been subject to any form of manipulation, treatment or processing as a result of which the poison has been exposed.

3.4 In the case of the poisons listed below, the purchaser must either,

(a) Be known to the seller, or to the person in charge of the premises on which the substance is sold or of the department of the business in which the sale is effected, as a person to whom the poison may properly be sold, or (b) Produce a valid certificate to the effect that he is a person to whom the poison may properly be sold. In addition, the required particulars of the sale must be entered in the Poisons Book and this entry must be signed by the purchaser. (See 3.6 and 3.7 for exemptions from signing before delivery).

These poisons are:

Aldicarb	Barium silico-fluoride	Carbofuran
Cycloheximide	Dinoseb	Dinoterb
Drazoxolon	Endosulfan	Endothal
Endrin	Compounds of Fentin	Methomyl
Oxamyl	Salts of paraquat	Phosphorous compounds
Thiofanox

Any arsenic or mercurial substance (unless it contains no more than the small proportions   of arsenic or mercury specified in Schedule 1 to the Poisons Rules)

Dinitrocresols (except winter washes containing not more than 5% thereof)

Nicotine (except agricultural and horticultural insecticides consisting of nicotine dusts containing not more than 4% of nicotine)

3.5 The poisons listed in 3.4 above can only be sold by the listed seller him/herself or by a responsible deputy who has been nominated by the listed seller. The name of the deputy must be stated on the seller's application form for entry as a listed seller and a maximum of two such deputies is permitted for any one set of premises.

An alteration can be made to the names of the deputies by informing the local authority in writing of the details of the change. There is no fee for such a change in names.

3.6 In the case of a sale to a person for the purpose of his trade, business or profession, e.g. farmer, horticulturist, etc., the requirement that the purchaser must sign the Poisons Book before delivery is dispensed with in the following circumstances:

1. A written order signed by the purchaser stating his name and address, trade, business or profession must be obtained before the sale is completed.
2. The order must state what article is required, the purpose it is required for and the total quantity to be purchased.
3. The seller must be satisfied that the signature is that of the person purporting to have signed the order and that the person carries on the trade, business or profession stated for which the poison is used.
4. The seller must insert the words "signed order" in the appropriate column of the Poisons Book.

3.7 Where a poison is required urgently for the purpose of a person's trade, business or profession, the seller may deliver the poison to that person provided he is satisfied that the person does need the poison, and, because of some emergency, is unable to provide a signed order to sign the Poisons Book before delivery. The person obtaining the poison must provide a signed order within 72 hours. Failure to do so is a breach of the Poisons Rules.

3.8 The poisons listed below can only be sold in certain types of preparations as given in Part A of Schedule 5 to the Poisons Rules – e.g. Calcium Arsenites can only be sold when included in agricultural, horticultural and forestal insecticides or fungicides; Zinc Phosphide can only be sold when in preparations for the destruction of rats and mice.

These poisons are:

Aldicarb	Alpha-chloralose	Barium carbonate
Carbofuran	Cycloheximide	Dinoseb
Dinoterb	Drazoxolon	Dinitrocresols
Endosulfan	Endothal	Endrin
Compounds of Fentin	Methomyl	Nitrobenzene
Oxamyl	Salts of paraquat	Phosphorous compounds
Thiofanox	Zinc phosphide

Certain arsenical or mercurial substances

Metallic oxalates other than potassium quadroxalate

3.9 The poisons listed below can only be sold to persons who are engaged in the trade or business of agriculture, horticulture or forestry, and the poisons must be for the purpose of that trade or business. These poisons are:

Aldicarb	Compounds of arsenic	Carbofuran
Cycloheximide	Dinoseb	Dinoterb
Drazoxolon	Endosulfan	Endothal
Endrin	Compounds of fentin	Any mercuric chloride
Mercuric iodide	Methomyl	Oxamyl
Salts of paraquat	Phosphorous compounds	Thiofanox

Dinitrocresols (other than winter washes containing not more that the equivalent of 5% of dinitrocresols)

Any organic compound of mercury (other than solutions containing not more that 5%, weight in volume, of phenyl mercuric acetate for use in swimming baths).

4. STORAGE OF PART II POISONS

4.1 In any retail shop, or premises used in connection with it, the poisons listed in section 3.4 above must be stored as follows:-

1. In a cupboard or drawer kept only for that purpose, or
2. In a part of the premises separated from the rest of the premises and to which customers are not permitted, or
3. On a shelf reserved solely for the poisons and no food is kept directly under the shelf.

However, if any of the poisons are for use in agriculture, horticulture or forestry, they cannot be kept in the manner of (b) above, UNLESS there us no food kept in those parts of the premises, nor can they be kept on any shelf. They can be stored in a cupboard or drawer reserved for that purpose.

4.2 There are special requirements for the storage of pesticides which contain poisons. Advice on this is contained in the Code of Practice for Suppliers of Pesticides (PB0091) which can be obtained from MAFF Publications, London SE99 7TP.

5. PACKAGING

5.1 Poisons, other than approved pesticides, must be supplied in containers which comply with the provisions of The Chemicals (Hazard Information and Packaging for Supply) Regulations 1994.

5.2 The receptacles and associated packaging containing poisons must be designed, constructed, maintained and closed so as to prevent the contents from escaping when subjected to the stresses and strains of normal handling. They should not be made from any material liable to be adversely affected by the poison, nor be liable, in conjunction with the poison, to form any other substance which is itself a risk to health and safety.

5.3 The container and outer packaging must carry the following information :-

1. Name, address and telephone number of the manufacturer, importer or distributor.
2. The name of the poison and any other substance included which is also classified as dangerous for supply.
3. Where necessary :-
   1. The indication of danger and corresponding symbol.
   2. The risk phrases.
   3. The safety phrases.
   4. The EEC number and for certain substances, the words 'EEC Label'.

5.4. The packaging and labelling of approved pesticides is covered by the Control of Pesticides Regulations 1986. However, sellers of pesticides which contain poisons must comply with the requirements of the Poisons Act 1972 and the Poisons Rules 1982.

6. RELAXATION OF THE REQUIREMENTS FOR SOME PART II POISONS

6.1 The following poisons must be sold from premises where the shopkeeper is a listed seller, but there is no requirement to know the purchaser or to make entries in the Poisons Book.

These poisons are:

Ammonia	Formaldehyde	Formic acid
Hydrochloric acid	Hydroflouric acid	alkali metal bifluorides
Ammonium bifluoride	Alkali metal fluorides	Ammonium fluoride
Sodium silico-fluoride	Metallic oxates	Nitric acid
Nitrobenzene	Phosphoric acid	Potassium hydroxide
Sodium hydroxide	Sodium nitrite	Sulphuric acid

Phenols in substances containing less than 60% weight in weight of phenols. Compounds of phenols with a metal in substances containing less than the equivalent of 60% weight in weight of phenol.

7. EXAMPTIONS FROM THE PROVISIONS FO THE POISONS ACT 1972 AND THE POISONS RULES 1982

7.1 The following articles are exempt from all the requirements:

Adhesives	Anti-fouling compositions	Builders materials
Ceramics	Cosmetic products	Distempers
Electrical valves	Enamels	Explosives
Filters	Fireworks	Fluorescent lamps
Flux in any form for use in soldering	Inks	Glazes
Glue	Matches	Lacquer solvents
Loading materials	Paints	Medicated animal feeding stuffs
Motor fuels and lubricants	Plastics	Photographic paper
Pigments	Varnishes	Propellants
Rubber		Vascular plants and their seeds

7.2 The following are examples of poisons which are also exempt if included in the article or substance stated:

• Ammonia - Substances containing less than 10% of ammonia.
• Drazoxolon - Treatments on seeds.
• Formaldehyde - Substances containing less than 5% of formaldehyde, photographic glazing or hardening solutions
• Mercuric chloride - Batteries, treatments on seeds and bulbs.
• Nicotine - Tobacco.
• Paraquat Salts - Preparations in pellet form containing not more than 5% of salts of paraquat.
• Phenols - Creosote, liquid disinfectants containing less than 0.5% phenol and containing less than 5% of other phenols.
• Phosphoric acid - Substances containing phosphoric acid other than descaling preparations containing more than 50% of ortho-phosphoric acid.
• Dichlorvos - Preparations in aerosols containing not more than 1% of dichlorvos, materials impregnated with dichlorvos for slow release.
• Sodium hydroxide - Substances containing less than 12% of total caustic alkalinity expressed as sodium hydroxide.
• Sulphuric acid - Batteries and sealed containers in which the acid is packed together with car batteries for use in those batteries, fire extinguishers.

There are a number of other exemptions which are given in full in Schedule 4 to the Poisons Rules 1982.

8. TRADE NAMES OR COMMON NAMES OF SUBSTANCES WHICH CONTAIN PART II POISONS

8.1 The following are examples of products containing part II Poisons which can only be sold by a listed seller or his deputies and for which an entry is required in the Poisons Book :

Product	Poison	Use
Clean sweep	Paraquat	Weed killer
Duratox	Demeton-S-methyl (phosporous compound)	Insecticide
Gramoxone	Paraquat	Weed killer
Sentry	Paraquat	Insecticide

8.2 The following are examples of products containing Part II Poisons which can only be sold from the premises of a listed seller but no entry is required in the Poisons Book :

Product	Poison	Use
Ataka	Formic acid	Kettle descaler
Brillo Clearway	Sodium hydroxide	Drain cleaner
Caustic Soda	Sodom Hydroxide	Drain cleaner
Clean Up	48% Phenols	Multi-purpose fungicide
Elsan Blue	Formaldehyde	Chemical toilet fluid
Jenolie Bath Stain Remover	Phosphoric acid	Stain remover
Kleenoff Kay De	Formic acid	Kettle descaler
Scrubbs Cloudy Ammonia	Above 10% ammonia	Cleaning

9. POISONS BOOK

9.1 All Poisons Books must be kept for at least two years from the date of the last entry in the book.

9.2 The book must be produced on request by any officer authorised under the Poisons Act 1972 to examine the entries made in the book.

10. FEES

10.1 Fees must be paid to the Local Authority by persons wishing to have their names on the list.

10.2 Details of the current fees may be confirmed by telephoning (01628) 683672.

Poisons Act fees from 1 April 2008, valid until 31 May 2009:

Description	Price
Initial Registration	£29.33
Renewal of Registration	£15.47
Change in details of Registration	£7.90

Cheques are made payable to RBWM

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