Business information

Persons entitled to sell Part II Poisons

The following terms & conditions apply.

An application form can be completed 'online' by selecting the appropriate 'signpost' or, if preferred, there is a form in 'pdf' format at the end of the article that can be printed out.

The entry of a person’s name in a local authority’s list does not entitle that person to retail poisons in Part I of the Poisons List which, by the provisions of the Poisons Act 1972, may only be retailed by authorised sellers of poisons (ie. registered pharmacists).

A person whose name is entered in a local authority’s list (a listed seller of Part II Poisons) is permitted, subject to certain conditions (see below), to sell the poisons in Part II of the Poisons List, namely:
Aldicarb; alpha-chloralose; ammonia, the following arsenic compounds-calcium arsenites, copper acetoarsenite, copper arsenates, copper arsenited and lead arsenates; the following salts of barium-barium carbonate and barium silicofluoride; carbofuran; cycloheximide; dinitrocresols (DNOC), their compounds with a metal or a base; dinoseb its compounds with a metal or a base; dinoterb; drazoxolon and its salts; endosulfan; endothal and its salts; endrin; compounds of fentin; formaldehyde; formic acid; hydrochloric acid; hydrofluoric acid, alkali metal bifluorides, ammonium bifluoride, alkali metal fluorides, ammonium fluoride and sodium silicofluoride; mercuric chloride, mercuric iodide and organic compounds of mercury except compounds which contain a methyl (CH3) group dirctly linked to the mercury atom; metallic oxalates; methomyl; nicotine and its salts and quaternary compounds; nitric acid; nitrobenzene; oxamyl; paraquat and its salts; phenols in substances containing less than 60% weight in weight, of phenols and compounds of phenol with a metal in substances containing less than the equivalent of 60%, weight in weight, of phenols; phosphoric acid; the following phosphorus compounds – azinphos-methyl, chlorfenvinphos, demenphion, demeton-S-methyl, demeton-S-methyl sulphone, dialilfos, dichlorvos, dioxathion, disulfoton, fonofos, mecarbam, mephosfolan, methidathion, mevinphos, omethoate, oxydemeton-methyl, parathion, phenkapton, phorate, phosphamidon, pirimiphos-ethyl quinalphos, thiometon, thionazin, triazohos, vamidothion; potassium hydroxide (caustic potash); sodium hydroxide (caustic soda); sodium nitrite; sulphuric acid; thiofanox; zinc phosphide.

The requirements which apply to the sale of poisons by a listed seller of Part II poisons are laid down in section 3 of the Poisons Act, 1972, and in the Poisons Rules, 1982. Articles exempted from the provisions of the Act and of the Rules are specified in Schedule 34 to the Rules.

The following is a summary of the requirements:

In this summary –

“Part I and Part II Poisons” refer to those listed in Parts I and II respectively of the Poisons List Order 1982 as amended.

“The Act” refers to the Poisons Act 1972 as amended.

“The Rules” refers to the Poisons Rules 1982 as amended.

A) Requirements applying to all listed sellers of Part II poisons.

1. The sale must be effected on the premises specified in the local authority’s list.

2. In the case of poisons specified in schedule 1 of the rules, namely:-

Aldicarb, alpha-chloralose (except in the case of certain articles prepared for the destruction of rats or mice), aluminium phosphide any arsenical or mercurial substance (unless it contains no more than the small proportiions of arsenic or mercury specified in Schedule 1 to the Poisons Rules), barium salts other than barium sulphate (except barium carbonate in the case of articles prepared for the destruction of rats or mice) bromomethane, carbofuran, chloropicrin, cycloheximide, dinitrocresols (except winter washes containing not more than 5% thereof) dinoseb, dinoterb, drazoxolon, endosulfan, endothal, endrin, compounds of fentin, fluoroacetic acid, hydrogen cyanide, lead and its compounds, magnesium phosphide, mercuric chloride, methomyl nicotine (except agricultural and horticultural insecticides consisting of nicotine dusts containing not more than 4% of nicotine), oixamyl, paraquat, the phosphorus compounds, strychnine, thallium, thiofanox, zinc phosphide (except in the case of articles prepared for the destruction of rats or mice) the purchaser must either (a) be known to the seller, or to the person in charge of the premises on which the substance is sold or of the Department of the business in which the sale is effected, to be a person to whom the poison may properly be sold, or (b) produce a valid certificate in the form prescribed in Schedule 10 to the Rules. In addition, in the case of such poisons, the required particulars of the sale must be entered, before delivery, in the Poisons Book to be kept in the form prescribed in Schedule 11 to the Rules and (subject to the exception next mentioned) the entry must be signed by the purchaser. In the case of a sale to a person for the purpose of his trade or business (farmer, horticulturist, etc.), paragraph (3) of Rule 6 permits the signature of the entry in the Poisons Book to be dispensed with upon certain conditions, one of which is that an order signed by the purchaser has previously be obtained. (Section 3 (2) of the Act and Rule 5).

5. The following poisons may be sold only in particular types of preparation as specified in Part A of Schedule 5 to the Rules (eg. Calcium arsenited in agricultural, horticultural and forestal insecticides or fungicides (Rule 10 (2) A).

Aldicarb, alpha-chloralose, arsenical and mercurial substances, barium carbonate, carbonfuran, cycloheximide, dinitrocresols, dinoseb, dinoterb, drazoxolon, endosulfan, endothal, endrin, compounds of fentin, metalllic oxalates other than potassium quodroxolate, methomyl, nitrobenzene, oxamyl, paraquat, the phosphorus compounds and zinc phosphide.

6. The following poisons may be sold only to persons engaged in the trade or business of agriculture, horticulture or forestry and for the purpose of that trade or business: aldicarb, compounds of arsenic, carbofuran, cyclo heximide, dinitrocresols (other than winter washes containing not more than the quivalent of 5% of dinitrocresols), dinoseb, dinoterb, drazoxolon, endosulphan, endothalendrin, compounds of fentin, formentanate, any mercuric chloride, mercuric iodide or any organic compound of mercury (other than solutions containing not more than 5% weight in volume, of phenyl mercuric acetate for use in swimming baths), methomyl, oxamyl, paraquat, the phosphrous compounds (Rule 10(2)(b) Schedule 5(B)).

B) Additional requirements applying solely to listed shopkeepers.

1. No shopkeeper shall be entitled to sell any poison which has, since being obtained by him been subject to any manipulation treatment or processing as a result of which the poison has been exposed. (Rule 10(1)(a)).
2. No shopkeeper shall be entitled to sell any poison included in Schedule 1 unless the sale is effected by himself or a responsible deputy nominated by him to the local authority. (In accordance with Rule 10(1)(b)).
3. It is unlawful to store any poison included in Schedule 1. In any retail shop or related premises unless it is stored either in a cupboard or drawer reserved solely for poisons or in a part of the premises which is partitioned off or otherwise separated from the rest of the premises and to which customers are not allowed to have access, or upon a shelf reserved solely for poisons, provided in the last case that no food is kept under the shelf; but if contained in substances for use in agriculture, horticulture, or forestry, these poisons must be stored either in a cupboard or drawer reserved solely for poisons intended for such use or in such a separate part of the premises as aforesaid where no food is kept (Rule 21).

Fees (Section 6(2) of the Act).

The following fees shall be paid to the local authority by every person whose name is entered in the list:

(a) in respect of the entry of his name in the list, a fee of £29.33 for each set of premises on which he is entitled to sell;
(b) in respect of the making of any alteration in the list in relation to the premises on which he is entitled to sell, a fee of £7.90.
(c) in respect of the retention of his name on the list in any year subsequent to the year in which it was first entered, a fee of £15.47 each set of premises.

The summary is intended for guidance only.


Further advice is available from Hertfordshire Trading Standards Department, on 01727 813849 - Fax: 01727 813877

An application form can be completed 'online' by selecting the appropriate 'signpost'.