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Granting of a permit for the sale of certain hazardous substances, mixtures or articles in the retail trade

If you wish to place substances or mixtures on the market, whether commercially or independently within the framework of an economic enterprise, to private end users who, in accordance with the CLP Regulation (Regulation EC No. 1272/2008) with one of the hazard pictograms GHS06 (skull with crossed bones) or GHS08 (health hazard) and the signal word danger, and one of the hazard statements H370 ("Damages the organs ...") or H372 ("Damages the organs ... in the case of prolonged or repeated exposure ..."), you need a permit. Before the intended delivery or provision of products that are marked with appropriate pictograms or to be marked in the retail trade, you must check the need to apply for a permit. Your company receives this permission if you employ at least 1 person who

  • has proven competence in accordance with § 11 (1) of the Chemicals Prohibition Ordinance (ChemVerbotsV),
  • has the required reliability, and
  • is at least 18 years old.
    Companies receive permission if they employ people in each permanent establishment who meet the aforementioned requirements.

Important note: Substances and mixtures that are to be labelled with GHS08 (health hazard) and the signal word danger, and one of the following hazard statements, may not be supplied to private end users:

  • H340 ("May cause genetic defects ..."),
  • H350 ("Can cause cancer..."),
  • H350i ("May cause cancer if inhaled."),
  • H360 (H360 "May affect fertility or harm the child in the womb ..."),
  • H360F ("May affect fertility."),
  • H360D ("May harm the child in the womb."),
  • H360FD ("May affect fertility. May harm the child in the womb."),

- H360Fd ("May affect fertility. Can probably harm the child in the womb.")   

You do not need permission if the transfer is made exclusively to resellers, professional users and public research, investigation and educational institutions.

Process flow

You can apply for a permit to supply particularly hazardous substances or mixtures to retailers in writing using the form provided:

  • Download the form online and print it out.  
  • Fill in the form and add the necessary evidence
  • Submit the application documents to the LAVG by post.
  • You will then receive permission or, if necessary, information about the rejection of your application by post.

Competent authority

The districts and independent cities are responsible

Requirements

At least 1 person in the company who

  • has proven competence in accordance with § 11 (1) of the Chemicals Prohibition Ordinance (ChemVerbotsV),
  • has the required reliability, and
  • is at least 18 years old.

Companies receive permission if they employ people in each permanent establishment who meet these requirements.

Which documents are required?

  • Proof of competence (e.g. certificate of competence and, if applicable, proof of participation in a training event)
  • Certificate of good conduct of document type O for submission to authorities
  • Identification document (commercial register excerpt, business registration)

What are the fees?

Fees according to state law: Ordinance on fees and expenses for official acts and services (General Fee Schedule Section 21.3.1 Permit according to § 6 Chemicals Prohibition Ordinance)

Fee according to time expenditure, but at least 120 €

General Fee Schedule of the State of Lower Saxony

What deadlines do I have to pay attention to?

Application deadline: Application and granting of permission before commencing work

Applications / forms

Forms/online services available: Yes

Written form required: Yes

Personal appearance necessary: No

Appeal

You can lodge an objection.

What else should I know?

Proof of competence is a prerequisite for granting permission. Knowledgeable persons are

  • druggists (under certain conditions),
  • Pharmacist
  • Pharmacy Engineers,
  • Pharmaceutical technical assistants,
  • Pharmacy assistants,
  • certified pest controllers, or
  • Persons with completed vocational training as pest controllers.

For these persons, the legislator assumes that they have acquired the expertise in the course of their training. Other persons must take a proficiency test in accordance with § 11 (2) ChemVerbotsV at the competent authority or an institution recognised by the competent authority for this purpose.

Comments

Text reviewed by the Lower Saxony Ministry for the Environment, Energy and Climate Protection

Author

The text was automatically translated based on the German content.

Technically approved by

Lower Saxony Ministry for the Environment, Energy, Building and Climate Protection

competent Bodies

Landkreis Emsland - Fachbereich Gesundheit

Address: Ordeniederung 1 , 49716 Meppen

Postal address: Post Office Box 15 62

Telephone: 05931 44-0
Fax: 05931 44-3621
Transport Connection:
Building Access:
elevator available : yes
wheelchair-accessible : yes

Data protection information

Landesbeauftragte für den Datenschutz Niedersachsen

Address: Prinzenstraße 5, 30159 Hannover

Telephone: +49 511 12045-00
Fax: +49 511 12045-99
Building Access:
elevator available : unknown
wheelchair-accessible : unknown

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)

Further Links

Single points of contact of the state of Lower Saxony, Single points of contact of the countries of Europe, advice and assistance for EU citizens and their families.