When is this registration required?
Certain household products including things such as cleaning agents, toilet chemicals and garden chemicals contain substances that are classed as "non-medicinal poisons". These substances are listed in Part II of The Poisons List Order 1982.
If you wish to sell any products containing these controlled substances then you must be registered with the council who maintain a list of sellers.
For the regulations relating to the registration to sell non-medical poisons see the Poisons Act 1972.
What the law says
The retailing of poisons is controlled by the Poisons Act 1972.
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.
How much does registration cost?
Fees are payable to the council for this registration in the following circumstances :-
-
When a new application is made to be on the list of sellers,
-
For amending an entry on the list,
-
For the annual renewal of the registration.
These fees vary and details of the current fees may be found on our Trading Standards Fees Page.
If you would like any further help or advice on this or any other trading standards issues relating to your business then please contact us.
How can I apply?
You can apply by any of the following means:
-
Using our secure online form. You will have an opportunity to pay by debit or credit card by using the 'Pay Now' button at the end of the form. Or, you can send a cheque, (payable to Dudley Metropolitan Borough Council), to the address given. Or, you can pay in person with cash at the Directorate of the Urban Environment, Trading Standards, 3 St. James's Road, Dudley, West Midlands DY1 1HZ.
-
Downloading an application form. You can do this by selecting "No", to the agreement to hold data via the above Online Application Form and you will be able to download a form after this point. You can send us a completed and signed application form together with a cheque for the correct amount or bringing it to us in person at our offices.
How long will my registration take to process?
We aim to process your registration as soon as possible. We will confirm that we have received your notification. Please contact us if you have any queries using the details below.
Can I start trading before receiving my registration (i.e. will tacit consent apply)?
Tacit Consent will apply. This means that you will be able to act as though your application is granted if you have not heard from Dudley Council by the end of the target period.
Please note Tacit Consent will only apply once a full application has been submitted and you have received an acknowledgment from Dudley Council.
Retention on the the list of persons entitled to sell Part II poisons
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. To apply to retain on the list please use our secure online form or contact us using the details below.
Alteration to details on the list of persons entitled to sell Part II poisons
To amend details on the list please use our secure online form or contact us using the details below.
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:
- wilfully delays or obstructs an Inspector from the Council, or
- refuses to allow samples to be taken, or
- fails to give information which they are required to give, they shall be liable on conviction to a fine not exceeding £500.
Your Right of Appeal
Any person aggrieved by a decision made by the local authority may appeal to the Magistrates Court and the Courts may give such directions as it thinks proper.
Consumer Complaint
We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre.
Making a complaint
If you feel we have failed to provide you with good service or are concerned about the progress of your application, please contact us and we will endeavour to resolve any concerns you may have. We also have a formal complaints procedure.
What if I need further information?
If you would like any further help or advice on this or any other trading standards issues relating to your business then please contact us as per the contact details below.
