Licences - poisons | Barnsley Council Online

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Article: Licences - poisons

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The retailing of poisons is controlled by the Poisons Act 1972.

The Poisons List Order 1982 contains a list of poisons covered by the Poisons Act. Part I of this list contains poisons that may only be sold by a registered pharmacist. Part II of the list contains the poisons which cannot be sold unless you are registered to do so with the council.

Before selling poisons listed in part II of the Poisons Act, an application to be entered on the council's list of persons who may sell Part II poisons must be made.

Eligibility

Anyone who intends to sell poisons as defined below.

Procedure

Where a name is entered on the list of persons entitled to sell Part II poisons that name shall be removed from the list on 30th April each year unless an application to retain the name on the list has been received.

There is a comprehensive guidance document - Guidance notes for traders on the requirements of the Poisons Act 1972 in relation to listed sellers. This contains full details of the poisons permitted to be sold once you are registered.

Requirements relating to the sale of Part II poisons

The poisons may only be sold from premises named on the council's register.

The container of the poison must be labelled with:

  • The name of the poisons; and
    • In the case of a preparation which contains a poison as one of its ingredients, with particulars as to the proportion of the poison to the total ingredients, and
    • The word poison or other prescribed indication of the character of the article; and
    • The name of the seller and the address of the premises on which it is sold

No liquid poison may be sold in a bottle with a capacity of less than 1.14 litres unless the outer surface of the bottle is fluted vertically with ribs or grooves recognisable by touch.

No poison other than ammonia, hydrochloric acid, (spirit of salt), nitric acid, and sulphuric acid, may be sold by a listed shop keeper except in closed containers as closed by the manufacturer or other person from whom the poison was obtained.

For further details of exemptions and special requirements please see the Guidance notes for traders on the requirements of the Poisons Act 1972.

Offences

If a person is convicted before any court of any offence which, in the opinion of the court, renders them unfit to have their name on the list of persons entitled to sell non-medicinal poisons, the court may order their name to be removed from the list for such period as they may specify.

No person on the list may use any title, emblem or description that suggests they are entitled to sell any poison which they are not entitled to sell, and if convicted shall be liable to a fine not exceeding £500 and a further fine not exceeding £5 for each day that the contravention continues

A person convicted of contravening or failing to comply with the provisions of the Poisons Act 1972, or the Poisons Rules shall be liable to a fine not exceeding £2,500 and a further fine not exceeding £10 for each day the offence continues.

If a person:

a) wilfully delays or obstructs an inspector from the council, or
b) refuses to allow samples to be taken, or
c) fails to give information which they are required to give, they shall be liable on conviction to a fine not exceeding £500

Charges/fees

Initial registration £33.49

Re-registration £17.65

Change of details of registration £9.02

You will be invoiced for this following submission of your application form.

Please note, these charges change annually

Application form

New application form Poisons Act 1972

Renewal application form Poisons Act 1972

Contact Details
Regulatory Services,
PO Box 602,
Barnsley,
S70 9FB

Our office hours are 8.30am to 5pm, Monday to Thursday and 8.30am to 4.30pm Friday

Fax: 01226 775699
Telephone 01226 772468
Email: regualtoryservices@barnsley.gov.uk

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This page was last updated on May 21, 2012

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