Proposed changes to the Poisons Act

Note:  This consultation seeks views on amendments to control measures for the sale of non-medicinal poisons.  This consultation concerns policy and enforcement amendments to the way the Home Office controls sales of non-medicinal poisons.

The aims of the amendments are to increase controls of end users whilst minimising burdens on businesses.

 

 

 

The Poisons Act 1972 was designed to restrict the availability of poisons to the public to prevent their misuse, inadvertently or by criminal design, while at the same time making the poisons available to those with a legitimate need by regulating their retail sale. The Poisons List sets out those poisons under control and the Poisons Rules relax, vary and extend the controls laid down by the Act.

 

 

Part 1 poisons, which would be considered the most dangerous, may currently only be sold by a person lawfully conducting a retail pharmacy business. They must also keep a Poisons register that records details about the transaction and purchaser.

 

Part 2 poisons, which would be considered less dangerous, can currently only be sold by a person conducting a retail pharmacy business or by a person whose name is entered on to a local authority‘s list granting them approval to sell poisons.

The Home Office and the Poisons Board, which is a statutory consultee, have reviewed the existing regime against its effectiveness as a public protection measure from terrorism or criminal use. This review is part of the retail theme of the Red Tape Challenge (RTC), which aims to remove unnecessary burdens from business. The primary burden of the current Poisons legislation is financial as sellers of poisons need to purchase a licence from their local authority which is responsible for enforcing the legislation.

 

The review identified the following weaknesses in the existing regime:

 

1) the poisons register in its current form does not adequately prevent someone purchasing poisons for misuse;
2) licensing retailers does not add significant protection against misuse; and
3) business-to-business transactions are not monitored.

 

In 2012, 88 incidents were reported to the Police National Chemical, Biological, Radiological and Nuclear Centre relating to the use of chemicals to cause harm.

 

Suspicious transaction reporting should lead to additional intelligence and reports to the police, allowing them to investigate and prosecute those intent on causing harm before they do so.

 

 

Option 1 is to make no changes (do nothing).

 

Option 2 is to make a requirement for home users to obtain a licence in advance of a purchase of a Part 1 poison from a registered pharmacy. Both Part 1 and 2 poisons would be subject to mandatory suspicious transaction, theft and significant loss reporting for end user and business to business sales. Option 2 would also include a requirement for labelling affected Part 1 products to indicate that the acquisition, possession or use of the product is restricted.

Retailers would no longer have to purchase a licence to sell Part 2 poisons.

 

Any customer purchasing Part 1 or 2 poisons could be affected by the request for businesses to report suspicious transactions.

In addition, home users of Part 1 poisons will be affected by the proposal to licence home users. Known home uses of Part 1 poisons include use as rodent control and metal extracting.

 

Option 3 is to move all Part 2 poisons above the current concentration threshold to Part 1 so they may only be sold by a registered pharmacist. A member of the general public wishing to purchase a Part 1 poison would need to enter their personal details into the register at the point of sale.

 

The proposed amendments to the Poisons Act will have a direct impact on businesses that sell poisons and consumers who purchase these poisons for home use. When we say home use we mean not for a business or professional use. This includes use in hobbies or home cleaning or gardening if you are not being paid to perform the activity.

 

 

We are considering whether to set up a licensing scheme for home-users of Part 1 poisons, and need to demonstrate whether there will be enough demand for licences to justify the cost of setting up a licensing management system. The final cost of the licence will be based on full cost recovery.

 

The application process may take some time and background checks may need to be conducted to determine suitability. We would therefore like to gather evidence on whether home users would consider purchasing a licence, rather than using alternatives, and if so, what is the maximum price they would be willing to pay for a licence.

 

 

Businesses that sell the listed chemicals will need to be aware of potential suspicious transactions.  The European Commission has prepared draft guidance on what a suspicious transaction could look like.  The draft guidance states that a suspicious transaction is any (attempted) purchase of one or more poisons as listed in Part 1 or 2 of the Poisons List that deviates from what would normally be expected.