The licence application form is available on-line. Please complete and print this form for return to us with the correct fee.
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 |
| Calcium arsenites | Copper acetoa arsenite | Copper arsenates |
| Copper arsenites | Lead arsenates |
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) |
3.1 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) |
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:
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). |
4.1 In any retail shop, or premises used in connection with it, the poisons listed in section 3.4 above must be stored as follows:-
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.
5.1 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 :-
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.
6.1 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 |
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 |
There are a number of other exemptions which are given in full in Schedule 4 to the Poisons Rules 1982.
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 |
| 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 |
9.1 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.
10.1 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 valid until April 2014:
| Description | Price |
|---|---|
| Initial Registration | £34.50 |
| Renewal of Registration | £18.00 |
| Change in details of Registration | £9.00 |
Cheques are made payable to RBWM