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Licensing


Poisons

Apply for a Poisons Registration

Under the Poisons Act 1972, the Council undertakes statutory control over the sale of poisons within the Borough of Tameside.

Therefore, if you intend to sell poisons in Tameside, then it will be necessary for you to register under the above Act.

The entry of a persons name on a Local Authority's list does not entitle that person to retail poisons in Part I of the Poisons Lists which, by the provisions of the Poisons Act 1972, may only be retailed by authorised sellers of poisons (i.e. registered pharmacists)

A person whose name is entered in a Local Authority's list (a listed seller of Part II poisons) is permitted, subject to certain conditions (see below) to sell the poisons in Part II of the Poisons List, namely:

Poisons List


Part I

  • Aluminium Phosphide
  • Arsenic; its compounds, other than those specified in Part II of this list
  • Barium, salts of, other than barium sulphate and the salts of barium specified in Part II of this list
  • Bromomethane
  • Chloropicrin
  • Flouroacetic acid; its slats; flouroacetamide
  • Hydrogen cyanide; metal cyanides, other than ferrocyanides and ferricyanides
  • Lead acetates; compounds of lead with acids from fixed oils
  • [Magnesium phosphide]
  • Mercury, compounds of , the following:
    - Nitrates of mercury; oxides of mercury; mercuric cyanide oxides; mercuric thiocyanate; ammonium mercuric chlorides; potassium mercuric iodides; organic compounds of mercury which contain a methyl (CH3) group directly linked to the mercury atom.
  • Oxalic acid
  • [Phenols (phenol; phenolic isomers of the following - cresols, xylenols, monoethylphenols) except in substances containing less than sixty per cent, weight in weight, of phenols; compounds of phenols with a metal, except in substances containing less than the equivalent of sixty per cent, weight in weight, of phenols]
  • Phosphorous, yellow
  • Strychnine; its salts; its quaternary compounds
  • Thalium, salts of

Part II

  • Aldicarb
  • Alpha-chloralose
  • Ammonia
  • Arsenic, compounds of, the following:
    • Calcium arsenites
    • Copper acetoarsenite
    • Copper arsenates
    • Copper arsenites
    • Lead arsenates
  • Barium, salts of, the following:
    • Barium carbonate
    • Barium silicofluoride
  • Carbofuran
  • Cycloheximide
  • Dinitrocresols (DNOC); their compounds with a metal or a base
  • Dinoseb: its compounds with a metal or a base
  • Dinoterb
  • Drazoxolon: its salts
  • Endosulfan
  • Endothal: its salts
  • Endrin
  • Fentin, compounds of
  • Formaldehyde
  • Formic acid
  • Hydrochloric acid
  • Hydrofluoric acid; alkali metal bifluorides; ammonia bifluoride; alkali metal fluorides; ammonia fluoride; sodium silicofluoride.
  • Mercuric chloride; mercuric iodide; organic compounds of mercury except compounds which contain a methyl (CH3) group directly linked to the mercury atom
  • Metallic oxalates
  • Methomyl
  • Nicotine; its sales, its quaternary compounds
  • Nitric acid
  • Nitrobenzene
  • Oxamyl
  • Paraquat, salts of
  • Phenols (as defined in Part I of this List) 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 phenols
  • Phosphoric acid

    Phosphorus compounds, the following:

Azinphos-methyl, chlorfenvinphos, demephion, dementon-S-methyl, dementon-S-methyl sulphone, dialifos, dichlorvos, dioxathion, disulfoton, fonofos, mecarbam, mephosfolan, methidathion, mevinphos, oemthoate, oxydemeton-methyl, parathion, phenkapton, phorate, phosphamidon, pirimiphos-ethyl, quinalphos, thiometon, thionazin, triazophos, vamidothion.

Potassium hydroxide
Sodium hydroxide
Sodium nitrite
Sulphuric acid
Thiofanox
Zinc phosphide

The requirements which apply to the sale of poisons by a listed seller of Part II Poisons are laid down in Section Three of the Poisons Act 1972 and in the Poisons Rules, 1982.

The following is a summary of the requirements:

A. Requirements applying to all listed sellers of Part II poisons

  1. The sale must be effected on the premises specified in the Local Authority's list
  2. The labelling of containers of poisons is controlled by the Classification, Packaging and Labelling of Dangerous Substances Regulations, 1984
  3. No poison may be sold except in containers which comply with the requirements of Rule 20.
  4. In the case of any arsenic or mercurial substances (unless it contains no more than the small proportions of arsenic or mercury specified in the First Schedule to the Poisons Rules), and in the case of barium silicofluoride, carbofuran, cycloheximide.

Following are listed those Poisons in Schedule I of the Poisons Rules for which the purchaser must either:

  1. 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, to be a person to whom the poison may properly be sold, or
  2. produce a valid certificate in the form prescribed in the Tenth Schedule to the Rules

    In addition, in the case of such poisons, the required particulars of the sale must be entered, before delivery, in the Poisons Book to be kept in the form prescribed in the Eleventh Schedule to the Rules and (subject to the exception next mentioned) the entry must be signed by the purchaser (Section 3(2)(b)).  In the case of a sale to a person for the purpose for his trade or business (farmer, horticulturist, forester, etc.) paragraph (3) of rule 6 permits the signature of the entry in the Poisons Book to be dispensed with upon certain conditions, one of which is than an order signed by the purchaser has previously been obtained.

    Schedule 1

    Poisons included in the Poisons List to which Special Restrictions Apply unless Exempted by Rule 7:

    Aldicarb
    Aluminium phosphide
    Arsenic; its compounds, except substances containing less than the equivalent of 0.0075% of arsenic (As)
    Barium, salts of (other than barium sulphate)
    Bromomethane
    Carbofuran
    Chloropicrin
    Cycloheximide
    Dinitrocresols (DNOC); their compounds with a metal or base, except winter washes containing not more than the equivalent of 5%, of dinitrocresols
    Dinoseb; its compounds either a metal or a base
    Dinoterb
    Drazoxolon; its salts
    Endosulfan
    Endothal; its salts
    Endrin
    Fentin, compounds of
    Fluoroacetic acid; its salts; fluoroacetamide
    Hydrogen cyanide except substances containing less than 0.15%, weight in weight, of hydrogen cyanide (HCN); metal cyanides, other than ferrocyanides and ferricyanides, except substances containing less than the equivalent of 0.1%, weight in weight, of hydrogen cyanide (HCN)
    Lead, compounds of, with acids from fixed oils
    Magnesium phosphide
    Mercuric chloride except substances containing less than 1% of mercuric chloride; mercuric iodide except substances containing less than 2% of mercuric iodide; nitrates of mercury except substances containing less than the equivalent of 3% weight in weight, of mercury (Hg); potassio-mercuric iodides except substances containing less than the equivalent of 1% of mercuric iodide; organic compounds of mercury except substances, not being aerosols, containing less than the equivalent of 0.2% weight in weight, of mercury (Hg)
    Methomyl
    Nicotine; its salts; its quaternary compounds
    Oxamyl
    Paraquat, salts of
    Phosphorus compounds, the following;
    Azinphos-methyl
    Chlorfenvinphos
    Demephion
    Demeton-S-methyl
    Demeton-S-methyl suphone
    Dialifos
    Dichlorvos, Dioxathion and Disulfoton
    Fonofos
    Mecarbam
    Mephosfolan
    Methidathion
    Mevinphos
    Omethoate
    Oxydemeton-methyl
    Parathion
    Phenkapton
    Phorate
    Phosphamidon
    Pirimiphos-ethyl
    Quinalphos
    Thiometon
    Thionazin
    Triazophos
    Vamidothian
    Strychnine; its salts; its quaternary compounds; except substances containing less than 0.2%, of strychnine
    Thallium, salts of
    Thiofanox
    Zinc phosphide

  3. Arsenical and mercurial substances, aldicarb, alpha chloralose, barium carbonate, carbofuran, cycloheximide, dinitrocresols, dinoseb, dinoterb drazoxolon, its salts, endosulfan, endothal, its salts, endrin, fentin, compounds of, metallic oxalates (other than potassium quadroxalate), methomyl, nitrobenzene, oxamyl, paraquat, salts of, the phosphorus compounds, thiofanox, zinc phosphide, may be sold only in particular types of preparations as specified in Part A of the fifth Schedule to the Rules.
  4. Poisons which may be sold by Listed Sellers of Part II Poisons only to persons engaged in the trade or business of Agriculture, Horticulture or forestry and for the purpose of that trade of business.

B. Additional requirements applying solely to listed shopkeepers

  1. No shopkeeper shall be entitled by virtue of being a listed seller of Part II Poisons to sell any poison, which has, since being obtained by him, been subject to any form of manipulation, treatment or processing as a result of which the poison has been exposed (Rule 10).
  2. No shopkeeper shall be entitled by virtue of being a listed seller of Part II poisons to sell any poison included in Schedule 1 unless the sale is effected by himself or by a responsible deputy. The expression "responsible deputy" means a person nominated as a deputy on the sellers form of application. (Rule 10).

It shall not be lawful to store any poison included in Schedule I in any retail shop used in connection therewith unless it is stored:

  1. in a cupboard or drawer reserved solely for the storage of poisons; or
  2. in a part of the premises which is partitioned off or otherwise separate from the remainder of the premises and to which customers are not permitted to have access; or
  3. on a shelf reserved solely for the storage of poisons and no food is kept directly under the shelf.

Provided that, in the case of any such poison to be used in agriculture, horticulture or forestry, it shall not be lawful to store it on any shelf, or in any such part of the premises as aforesaid if food is kept in that part, or in any cupboard or drawer unless the cupboard or drawer is reserved solely for the storage of poisons to be used as aforesaid.

This booklet is intended to advise and assist. It is not intended to be a complete and exhaustive interpretation of the Law, and reference should also be made to the legislation etc., quoted. If in any doubt, further advice should be sought.

How to Apply

In order to apply for a poisons registration, you must fill in the online form

Once your application has been accepted and the relevant fee has been paid, the Licensing Section will arrange for the registration to be entered on the register and your registration certificate will be issued and forwarded to you in the post.

Paying for your Licence

We look forward to receiving your application and, if you have any difficulty with the form or have any questions, please contact the Licensing Office.

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