Licence - Non-medicinal poisons
The retailing of poisons is controlled by the Poisons Act 1972.
Service Contact:
Licensing Service,
PO Box 257, The Council House,
College Road,
Doncaster,
DN1 1RN.
Tel: 01302 737590 or 736671
E-Mail: licensing@doncaster.gov.uk
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 your Local Authority.
Registering for the Sale of Non-Medicinal Poisons
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 to the Council.
There is an application fee which must be paid at the time the application is made.
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.
Poisons to Which Part II of the Poisons List Applies
The poisons which are listed in Part II of the Poisons List change on a periodic basis.
For a complete up to date list of poisons appearing on the 'Poisons List', you will need to purchase the latest copy from Her Majesty's Stationery Office, (HMSO). HMSO does not provide this information on a website.
Requirements Relating to the Sale of Part II Poisons
Poisons may only be sold from premises named on the Council's list.
The container of the poison must labelled with:
i) the name of the poison, and
ii) 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
iii) with the word 'poison' or other prescribed indication of the character of the article, and
iv) with 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.
Any poison consigned for transport must be sufficiently stoutly packed to avoid leakage arising from the ordinary risks of handling and transport. In the case of the following poisons, the outside of the package must also be labelled conspicuously with the name of the poison and a notice that it is to be kept separate from food and empty food containers.
Offences and Penalties
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 and be disqualified from having their name on any local authority 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.
Further Information
Copies of the Poisons Act 1972 and other legislation mentioned above can be purchased from Her Majesty's Stationery Office.
A copy of the Poisons Act 1972 can be inspected at the Council Offices (address above), where you may also obtain an application form and further help or advice.
Licence Fees from 1st April 2008 - 31st March 2009
Grant = £25.00
Renewal = £12.00
Transfer = £6.50
