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Registration to Sell Non-Medical Poisons

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 :-

  1. When a new application is made to be on the list of sellers,

  2. For amending an entry on the list,

  3. 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:

  • Please complete the Application form, which is available at the bottom of this page.

    Once you have completed the form, please use this link to upload the completed form and to make payment.

  • Download the application form at the bottom of this page. You can send us a completed and signed application form together with a cheque for the correct amount or by bringing it to us at the office address below.

  • Contacting us in writing, telephone or email. Please use the contact forms below to request an application form.

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 complete the application form, which is available at the bottom of this page. Once you have completed the form, please use this link to upload the completed form and to make payment.

Alteration to details on  the list of persons entitled to sell Part II poisons

To alter details on the list please complete the application form, which is available at the bottom of this page. Once you have completed the form, please use this link to upload the completed form and to make payment.

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:

  1. wilfully delays or obstructs an Inspector from the Council, or
  2. refuses to allow samples to be taken, or
  3. 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.

Contact Details

  • Name Trading Standards
  • Address People Directorate, 4 Ednam Road, Dudley, West Midlands DY1 1HL
  • Telephone Consumers 03454 040506 or Businesses 01384 817997
  • Fax 01384 814455
  • Out of Hours Telephone Out of Hours Telephone Citizens Advice Consumer Helpline: 03454 040506, Bogus Caller Hotline: 01384 812045
  • Opening Hours Opening times 9am until 5pm Monday to Friday only