Gewerbsmäßiger Umgang mit Giftstoffen Erlaubnis

If you wish to market particularly hazardous substances or mixtures to to private end users, you require a permit, you require a permit from the competent authority.

If you wish to supply substances or mixtures to private end users or make them available to third parties on a commercial basis or independently as part of a commercial enterprise, which must be labeled in accordance with the CLP Regulation (Regulation EC No. 1272/2008) with

1. 1. one of the hazard pictograms GHS06 (skull with crossed bones) or
   2. GHS08 (health hazard) and the signal word Danger, and one of the hazard statements H340, H350, H350i, H360, H360F, H360D, H360FD, H360Fd, H360Df, H370 or H372

you require a permit.

Before you intend to supply or make products available at retail, you must check the need to apply for a permit.

Your company will receive this permit if you employ at least 1 person who

• has proven their expertise in accordance with Section 11 (1) of the Chemicals Prohibition Ordinance (ChemVerbotsV),
• has the required reliability and
• is at least 18 years old.

In the case of companies with several establishments, there must be one person who meets these requirements in each establishment where substances and mixtures covered by Annex II ChemVerbotsV are offered.

The permit may be restricted to individual hazardous substances and mixtures or to groups of hazardous substances and mixtures. It may be granted subject to conditions. Conditions may also be imposed retrospectively.

The following do not require a permit

• pharmacies
• Manufacturers, importers and distributors who supply the aforementioned substances and preparations only to resellers, professional users or public research, testing or teaching institutions

At least 1 person in the company who

• has proven their expertise in accordance with the Chemicals Prohibition Ordinance (ChemVerbotsV),
• has the required reliability and
• is at least 18 years old.

Companies receive the permit if they have the following in every business premises in which substances and mixtures covered by Annex II ChemVerbotsV are offered for sale employ persons who meet these requirements.

Is based on the respective administrative fee schedule of the federal state or on the fee statutes of the authorities responsible under federal state law.

You can apply online or in writing to the competent authority for a permit to supply particularly hazardous substances, mixtures and products to private end users in accordance with the ChemVerbotsV. Once you have submitted the application and all documents are complete, the competent authority will check whether you meet all the requirements.

If you meet the requirements, you will be granted a permit for the supply and distribution of hazardous substances and mixtures as defined in Annex 2 column 1 ChemVerbotsV to private end users.

You may only start the activity once you have received the permit.

You must submit the application for a permit before taking up the activity.

Proof of expertise is a prerequisite for the granting of a permit. Qualified persons are

• Druggists (under certain conditions),
• pharmacists or pharmacists,
• Pharmacy engineers or pharmacy engineers,
• Pharmaceutical-technical assistants or pharmaceutical-technical assistants,
• pharmacy assistants or pharmacy assistants,
• certified pest controllers or pest controllers or
• persons who have completed vocational training as pest controllers.

For these persons, the legislator assumes that they have acquired the expertise as part of their training.

Administrative court action

Appeal (depending on national law, the appeal may be excluded)

• The placing on the market of particularly dangerous substances or mixtures to private end users or third parties is subject to authorization
• The permit may be restricted to individual hazardous substances and preparations or to groups of hazardous substances and preparations
• Companies receive the permit if they employ persons who meet certain requirements at the business premises where substances and mixtures covered by Annex II ChemVerbotsV are offered for sale
• The person employed must either have passed an examination of expertise in accordance with the ChemVerbotsV or belong to a specific professional group, whereby they have acquired expertise as part of their training (e.g. pharmacist)
• Responsible: Depends on the respective federal state