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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.

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

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