Authorisation for the retail sale of certain dangerous substances, mixtures or articles
If you wish to place substances or mixtures on the market commercially or independently within the framework of an economic undertaking to private end consumers which, in accordance with the CLP Regulation (Regulation EC No. 1272/2008), are labelled with one of the hazard pictograms GHS06 (skull with crossed bones) or GHS08 (health hazard) and the signal word hazard, and one of the hazard statements H370 ("Damages the organs ...") or H372 ("Harms the organs ... in case of prolonged or repeated exposure ..."), you need a permit. Before intending to supply or make available products that are marked or to be labelled with appropriate pictograms in retail, you must check the need to apply for a permit. Your company will receive this permission if you employ at least 1 person who
- has proven competence in accordance with § 11 Abs. 1 Chemikalien-Verbotsverordnung (ChemVerbotsV),
- has the required reliability, and
- is at least 18 years old.
Companies are granted permission if they employ persons in each establishment who meet the aforementioned requirements.
Important note: Substances and mixtures that are to be labelled with GHS08 (health hazard) and the signal word hazard, and one of the following hazard statements, may not be supplied to private end users:
- H340 ("May cause genetic defects ..."),
- H350 ('May cause cancer...'),
- H350i ("May cause cancer if inhaled."),
- H360 (H360 'May impair fertility or harm the unborn child...'),
- H360F ("May affect fertility."),
- H360D ("May harm the unborn child."),
- 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 a permit if the delivery is made exclusively to resellers, professional users and public research, investigation and educational institutions.
Process flow
You can apply for a licence to supply particularly hazardous substances or mixtures to the retail trade in writing using the form provided:
- Download and print the form online.
- Fill in the form and attach the necessary supporting documents
- Submit the application documents to the LAVG by post.
- You will then receive permission or, if applicable, information about the rejection of your application by post.
Competent authority
Responsible are the districts and independent cities
Requirements
At least 1 person in the company who
- has proven competence in accordance with § 11 Abs. 1 Chemikalien-Verbotsverordnung (ChemVerbotsV),
- has the required reliability, and
- is at least 18 years old.
Companies obtain permission if they employ people who meet these requirements in each establishment.
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 (extract from the commercial register, business registration)
What are the fees?
Fees according to Land law: Ordinance on Fees and Expenses for Official Acts and Services (General Schedule of Fees Section 21.3.1 Permission according to § 6 Chemicals Prohibition Ordinance)
Fee according to time spent, but at least 120 €
What deadlines do I have to pay attention to?
Application deadline: Application and granting of permission before commencing activity
Applications / forms
Forms/online services available: Yes
Written form required: Yes
Personal appearance required: No
Appeal
You can lodge an objection.
What else should I know?
Proof of expertise is a prerequisite for granting permission. Qualified persons are
- druggists (under certain conditions),
- Pharmacist
- Pharmaceutical 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 an examination of competence in accordance with § 11 Abs. 2 ChemVerbotsV at the competent authority or an institution recognized by the competent authority for this purpose.
Comments
Text checked 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
