The Control of Poisons and Explosives Precursors Regulations 2015

PART 3 E+W+S PROVISIONS APPLICABLE TO POISONS

Complete exemption for certain substances or articles E+W+S

5.  Nothing in the Act or in these Regulations applies to a regulated or reportable poison—

(a) so far as contained in a substance or article specified in Part 1 of the Schedule, or

(b) of a kind specified in the first column of the Table in Part 2 of the Schedule, so far as contained in, or used for a purpose described in, the corresponding entry in the second column of that Table.

Record-keeping requirements E+W+S

6.—(1) A person who supplies a regulated poison to a trade, business or profession must comply with the record-keeping requirements before delivering the poison.

(2) Paragraph (1) does not apply where the supply is by way of wholesale dealing.

(3) For the purposes of paragraph (2), a person supplies a poison by way of wholesale dealing if the person sells the substance to a person who buys for the purpose of selling it again.

(4) The “record keeping requirements” are that the person must—

(a) make an entry (or cause an entry to be made) in a record to be kept by the person for the purposes of this regulation stating—

(i) the date of the supply,

(ii) the name and address of the trade, business or profession,

(iii) the name and quantity of the regulated poison supplied, and

(iv) the purposes for which it is stated by the trade, business or profession to be required, and

(b) ensure that the entry is signed by a person authorised on behalf of the trade, business or profession.

Sale of poisons to retailers E+W+S

7.—(1) A regulated poison may be supplied by way of wholesale dealing to a retailer only if—

(a) the supplier has reasonable grounds for believing that the retailer is lawfully conducting a retail pharmacy business, or

(b) the supplier has received a statement signed by the retailer, or by a person authorised on behalf of the retailer, stating that the retailer does not intend to sell the poison on any premises used for, or in connection with, the retailer's business.

(2) For the purposes of paragraph (1), a person supplies a poison by way of wholesale dealing if the person sells the substance to a person who buys for the purpose of selling it again.

(3) In paragraph (1), “retailer” means a person who carries on a retail business.

Storage of poisons in retail premises etc. E+W+S

8.—(1) A regulated poison or reportable poison may be stored in a retail shop, or in premises used in connection with a retail shop, only if—

(a) it is stored in a cupboard or drawer reserved solely for the storage of poisons,

(b) it is stored in a part of the premises that is partitioned off, or is otherwise separated from, the remainder of the premises and to which customers are not permitted to have access, or

(c) it is stored on a shelf reserved solely for the storage of poisons and no food or drink is kept directly under the shelf.

(2) Paragraph (1) is subject to paragraph (3) in the case of a poison to be used in agriculture, horticulture or forestry.

(3) The poison—

(a) may be stored in a cupboard or drawer only if reserved solely for the storage of poisons to be used in agriculture, horticulture or forestry;

(b) may not be stored in any part of premises in which food or drink is kept;

(c) may not be stored on any shelf.

Hydrogen cyanide: special precautions E+W+S

9.—(1) Compressed hydrogen cyanide may only be supplied in a container that is labelled with the words: “Warning. This container holds poisonous gas and should only be opened and used by persons having expert knowledge of the precautions to be taken in its use”.

(2) Paragraph (1) does not apply to the supply of compressed hydrogen cyanide for export from the United Kingdom.

Preservation of records E+W+S

10.  Any record kept for the purposes of the Act, or of these Regulations, must be retained for a period of three years from the date of the last entry made in the record.