Issue of a licence for the retail sale of certain dangerous substances, mixtures or products
If you wish to place substances or mixtures on the market to private end users on a commercial or self-employed basis within the framework of an economic enterprise, which according to the CLP Regulation (Regulation EC No. 1272/2008) with one of the hazard pictograms GHS06 (skull with crossbones) 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 event of prolonged or repeated exposure ..."), you need a permit. Prior to the intended supply or provision of products marked or to be marked with appropriate pictograms in the retail trade, you must check the necessity of applying for a permit. Your company will receive this permit if you employ at least 1 person who
- has demonstrated expertise in accordance with Section 11 (1) of the Chemicals Prohibition Ordinance (ChemVerbotsV),
- has the necessary reliability, and
- is at least 18 years old.
Companies are granted 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 hazard, and one of the following hazard warnings, 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 child in the womb ..."),
- H360F ("May have an adverse effect on fertility."),
- H360D ("May harm the child in the womb."),
- H360FD ("May affect fertility. May harm the child in the womb."),
- H360Fd ("May affect fertility. Presumably can harm the child in the womb.")
You do not need a permit if the sale is made exclusively to resellers, professional users and public research, investigation and educational institutions.
Process flow
You can apply for permission to supply particularly hazardous substances or mixtures to the retail trade in writing using the form provided:
- Download the form online and print it.
- Fill out the form and add 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
The districts and independent cities are responsible
Requirements
At least 1 person in the company who
- has demonstrated expertise in accordance with Section 11 (1) of the Chemicals Prohibition Ordinance (ChemVerbotsV),
- has the necessary reliability, and
- is at least 18 years old.
Companies are granted 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 (excerpt from the commercial register, business registration)
What are the fees?
Fees under state law: Ordinance on Fees and Expenses for Official Acts and Services (General Fee Schedule 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: Submission of application and granting of permission before commencement of 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 the granting of a permit. Qualified persons are:
- druggists (under certain conditions),
- Pharmacist
- Pharmacy Engineers,
- Pharmaceutical technical assistants,
- pharmacy assistants,
- certified pest controllers, or
- Persons who have 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 Section 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
Technically approved by
Lower Saxony Ministry for the Environment, Energy, Building and Climate Protection
Author
The text was automatically translated based on the German content.
