Fact-sheet: Sale and storage of toxic substances and products

There are special Danish rules for the sale, storage and theft reporting of poisons. The rules are set out in the Poison Notification, and affect businesses and individuals who sell, purchase and store poisons. The rules are designed to protect people and the environment from contact with particularly toxic substances and mixtures. There are special rules for poisonous pesticides. Read more about them below.

What is meant by poisons?

The term 'Poisons' includes substances and mixtures that, according to the EU's CLP regulation (EU no. 1272/2008), are classified as acutely toxic in category 1, 2 or 3 (Acute tox. 1, 2 or 3) or as specific target organ toxic in category 1 (STOT SE 1). Furthermore, 'substances and mixtures with serious long-term effects, substances and mixtures that are classified as carcinogenic, mutagenic or reproductive toxic in category 1A or 1B (Carc. 1A or 1B, Muta. 1A or 1B or Repr. 1A or 1B)' are understood.

Rules on selling to private individuals

Only pharmacists and distributors who have been granted permission by the Danish Environmental Protection Agency are allowed to sell toxic substances to private individuals.

If you wish to obtain a permit to sell poison to private individuals, you must send an application to kemikalieinspektionen@mst.dk.

You can also send the application by a letter to 

The Danish Environmental Protection Agency, Chemical Inspection
Antvorskov Allé 139
4200 Slagelse

In order to have a poison permit, you must pay a fee of 1000 DKK to the Environmental Protection Agency every other year. The fee is due for payment on January 1st and must be paid before February 1st. The fee is due for the first time on January 1st in the year following the granting of the permit.

Use of the requisition form for private purchase of toxic substances or products

The buyer must fill in a requisition form. A requisition form can be obtained from the Police and from the Danish Working Environment Authority. The buyer must date and sign it personally. The requisition must contain particulars about:

• the name, quantity and use of the substance or product,
• the name, position and address of the requester, and
• a declaration by the requester that he will use the substance or product chemical only for the purpose stated, store it carefully and not hand it over to others.

The requisition must be endorsed by the police before sale. The requisition shall not be endorsed if the police consider that the purpose stated may be achieved using less dangerous chemicals. Moreover, an endorsement must not be issued to persons below the age of 18 or who could be presumed to cause danger to themselves or to others.

Buying and selling toxic substances or products for commercial use

ompanies that manufacture, use, import or sell toxic substances and mixtures as well as substances and mixtures with serious long-term effects for commercial use must submit a notification to the responsible authorities. This can be done via the Danish Environmental Administration's website.

The Danish Environmental Protection Agency is the responsible authority for the import and sale of toxic substances and mixtures and substances and mixtures with serious long-term effects, while the Danish Working Environment Authority is the responsible authority for the manufacture and use of toxic substances and mixtures and substances and mixtures with serious long-term effects. The company receives a receipt that the notification has been received by the Environmental Protection Agency (when selling poisons) and/or the Danish Working Environment Authority (when purchasing and using poisons in the company).

The poison notification is used to continuously send notifications about new substances and mixtures as well as to deregister previously digitally submitted poison notifications.

The distributor is obliged to ensure that the customers are entitled to buy poisons. The distributor of poison to commercial customers must, when selling poisons, keep a register or file with information about the recipient's name and address.

Storing of toxic substances or products

Very toxic and toxic substances or products must be stored securely, under lock, out of reach of children, and not together with or in the vicinity of food, animal feed, pharmaceuticals and the like.

Pharmacies and distributors holding an authorization granted by the Danish Environmental Protection Agency have to store very toxic and toxic substances and products substances or products in separate and locked cupboards or rooms bearing a clear warning sign, see the symbol at the bottom of the fact sheet (image of a skull). Such cupboard or room shall only be used for storage of very toxic and toxic substances and products.

At other enterprises, institutions and persons, all doors of cupboards, rooms etc. in which very toxic and toxic substances and products are stored, must be fitted with a warning sign, see the symbol at the bottom of the fact sheet (the image of a skull).

Toxic substances or products must not be stored in packages which may cause the contents to be mistaken for other substances and products. As a rule, toxic substances and products must be stored in the original package or in another similar package labelled with the name, indication of danger, danger symbol and Risk- and Safety-phrases of the substance or product.

Businesses and institutions that store toxic substances and mixtures in a total quantity greater than 125 ml, and where more than 5 people have access, must appoint one or more safety officers who ensure correct storage and that unauthorized persons do not have access to the relevant substances and mixtures.

Reporting theft

Businesses and institutions must report to the police in case of justified suspicion of theft of toxic substances and mixtures.

Special rules for storing toxic pesticides

These rules are found in the pesticide regulation

The special rules for storage, warning signage, and designation of a safety officer only apply to pesticides that are classified as acutely toxic in category 1, 2 or 2 (Acute tox. 1, 2 or 3), or as specific target organ toxic in category 1 (STOT SE 1). These pesticides must be stored under lock and key, and there is a requirement for marking with a warning sign and the designation of a safety officer. Pesticides that are classified as carcinogenic, mutagenic and reprotoxic in category 1A and 1B are thus not subject to the general storage rules in the classification regulation.

Toxic substances and mixtures that can be used both as a pesticide and for other purposes should be stored according to the strictest rules in the area. Pesticides may only be stored in the original packaging.

Exemptions regarding requisitions and records

The following institutions and persons are permitted to buy toxic substances or products without having obtained a requisition, and sell the substances among themselves without making a record of the sale:

• Hospitals, doctors, dentists, veterinarians;
• Scientific and technical laboratories and institutions operated by the central, regional or local authorities;
• Accredited technological service institutions;
• Accredited laboratories and institutions;
• Pharmacies and similar and
• Higher institutes of learning, technical colleges, high schools, teacher training colleges, technical schools, schools of commerce, social and health education institutes.

Toxic substances or products may be sold without police endorsement of the requisition:

• For a shipping company, concerning toxic reagents, that are ready to use, for use by the chief engineer or the master of the ship in connection with testing, treatment and maintenance of technical installations etc.
• For artistic purposes, concerning toxic paints, that are ready to use.

Distributors and others who store toxic substances are responsible

Anyone selling or storing toxic substances or products is responsible that the rules are observed, in accordance with the provisions of the Statutory Order.

Control

The Danish Environmental Protection Agency, Chemical Inspection Service supervises observance of the rules, and may issue notices of enforcement or of prohibition. The penalty for violation of the rules may be a fine or imprisonment for up to two years.