Granting of a permit for the sale of certain hazardous substances, mixtures or articles in the retail trade

You can apply for a permit to supply particularly dangerous substances or mixtures to the retail trade at the State Office for Occupational Safety, Consumer Protection and Health (LAVG).

If you wish to place substances or mixtures on the market, whether commercially or independently within the framework of an economic enterprise, to private end users who, in accordance with the CLP Regulation (Regulation EC No. 1272/2008) with one of the hazard pictograms GHS06 (skull with crossed bones) or GHS08 (health hazard) and the signal word danger, and one of the hazard statements H370 ("Damages the organs ...") or H372 ("Damages the organs ... in the case of prolonged or repeated exposure ..."), you need a permit. Before the intended delivery or provision of products that are marked with appropriate pictograms or to be marked in the retail trade, you must check the need to apply for a permit. Your company receives this permission if you employ at least 1 person who

  • has proven competence in accordance with § 11 (1) of the Chemicals Prohibition Ordinance (ChemVerbotsV),
  • has the required reliability, and
  • is at least 18 years old.
    Companies receive permission if they employ people in each permanent establishment who meet the aforementioned requirements.

Important note: Substances and mixtures that are to be labelled with GHS08 (health hazard) and the signal word danger, and one of the following hazard statements, may not be supplied to private end users:

  • H340 ("May cause genetic defects ..."),
  • H350 ("Can cause cancer..."),
  • H350i ("May cause cancer if inhaled."),
  • H360 (H360 "May affect fertility or harm the child in the womb ..."),
  • H360F ("May affect fertility."),
  • H360D ("May harm the child in the womb."),
  • H360FD ("May affect fertility. May harm the child in the womb."),

- H360Fd ("May affect fertility. Can probably harm the child in the womb.")   

You do not need permission if the transfer is made exclusively to resellers, professional users and public research, investigation and educational institutions.

  • Proof of competence (e.g. certificate of competence and, if applicable, proof of participation in a training event)
  • Certificate of good conduct of document type O for submission to authorities
  • Identification document (commercial register excerpt, business registration)

Forms/online services available: Yes

Written form required: Yes

Personal appearance necessary: No

Preconditions

At least 1 person in the company who

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

Companies receive permission if they employ people in each permanent establishment who meet these requirements.

Hints

Proof of competence is a prerequisite for granting permission. Knowledgeable persons are

  • druggists (under certain conditions),
  • Pharmacist
  • Pharmacy Engineers,
  • Pharmaceutical technical assistants,
  • Pharmacy assistants,
  • certified pest controllers, or
  • Persons with completed vocational training as pest controllers.

For these persons, the legislator assumes that they have acquired the expertise in the course of their training. Other persons must take a proficiency test in accordance with § 11 (2) ChemVerbotsV at the competent authority or an institution recognised by the competent authority for this purpose.

Related Links

  • § 2 paragraph 1 Chemicals Prohibition Code (ChemVerbotsV)
  • Ordinance on Responsibilities in the Fields of Occupational Safety, Immission Control, Explosives, Genetic Engineering and Radiation Protection Law as well as in Other Areas of Law (ZustVO-Umwelt-Arbeitsschutz)

You can apply for a permit to supply particularly hazardous substances or mixtures to retailers in writing using the form provided:

  • Download the form online and print it out.  
  • Fill in the form and add the necessary evidence
  • Submit the application documents to the LAVG by post.
  • You will then receive permission or, if necessary, information about the rejection of your application by post.

Responsible for the content
Lower Saxony Ministry for the Environment, Energy, Building and Climate Protection

Last update or date of publication
14.03.2022