Fact Sheet: Sale and storage of toxic and very toxic pesticides

This fact sheet explains the most important points about the sale and storage of toxic and very toxic pesticides in the Statutory Order from the Ministry of Environment on pesticides. Please note that only the rules in the Statutory Order apply, this fact sheet is merely a guide.

What is the scope of the legislation?

The legislation covers all toxic and very toxic pesticides, for example fungicides, insecticides, and rodenticides.

What is the purpose of the legislation?

The legislation is designed to ensure that human beings and the environment are not harmed through contact with toxic and very toxic pesticides.

What does the legislation say?

About sale

Toxic and very toxic pesticides may only be sold by enterprises:

which have received approval for the pesticide in question, or
which hold a special sales authorisation issued by the Danish EPA.

Anyone who has been granted a permit to sell very toxic or toxic pesticides must pay a levy for each place of sale which is covered by the permit:

1) DKK 250 every six months if the permit covers very toxic pesticides, or
2) DKK 125 every six months if the permit only covers toxic pesticides.

The levy is due for payment on 1 January every other year and must be paid no later than 1 February that calendar year. Any levy paid at a later date will be subject to interest of 1.3 per cent per month, calculated from the date of payment.

Application for permit to sell toxic pesticides (in Danish).
Application for permit to sell very toxic pesticides (in Danish).

Toxic pesticides may only be sold to persons, enterprises or dealers:

who hold a permit issued by the Danish EPA to distribute the pesticides,
who hold a certificate from a course on toxic chemicals within the specific field of application,
who has a commercial interest in the use of the products in his own enterprise, or
who is engaged in commercial pest control for others.

Very toxic pesticides may only be sold to persons:

who hold a certificate from a recognised course on toxic chemicals for the field in question, or
who hold a permit issued by the Danish EPA to buy and use the pesticides in question.

Sale of very toxic pesticides may only take place against a receipt signed by the buyer personally.

Any dealer of very toxic pesticides must keep a record book of all purchases and sales of these pesticides. The date, name and address of the buyer, the trade name of the products and the number and size of packaging must be recorded immediately after the purchase or sale has taken place. The dealer’s stock in hand must at all times be stated in the record book or in a specified copy of the book to be approved by the Danish EPA. The dealer must keep the record book including appendices for five years following the purchase or sale.

The dealer must satisfy himself that the buyer is entitled to buy the pesticides in question. Pesticides may only be sold in the unbroken original packaging in which the dealer receives the products from the manufacturer or importer. Open original packaging may not be stored in shops, storage rooms, or other enclosures where pesticides are stored with a view to sale to users.

Storage

Toxic and very toxic pesticides must be stored in a manner which presents no danger to the environment and health, i.e. under lock and key, out of reach of children, and not together with food, feeding stuffs, medical products, etc.

Manufacturers, importers and dealers must store toxic and very toxic pesticides in separate and locked cupboards or enclosures, which bear a clear warning sign, see the symbol listed at the bottom of the fact sheet (skull and cross bones). Dealers may only store toxic and very toxic substances and products in such a cupboard or enclosure for toxic substances.

Who is responsible?

Anyone who sells or stores toxic or very toxic pesticides is responsible for ensuring compliance with the rules as they appear in the Statutory Order.

The Danish EPA Chemical Inspection Service supervises the implementation of the legislation and is authorised to issue injunctions and bans. If the legislation is violated this may lead to a fine or imprisonment of up to two years.

Where can I obtain more information?

The title of the Statutory Order is:
Statutory Order from the Ministry of Environment and Energy No. 241 of 27 April 1998 on pesticides. Part 5 deals with the sale of toxic and very toxic pesticides. Part 6 deals with the storage, etc. of pesticides. The Statutory Order is available in English on the Danish EPA web site: www.mst.dk .

You can find the Statutory Order in Danish on the Internet address: www.retsinfo.dk , at the library or you can order it at a bookshop in Denmark.

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