W10 Law relating to Poisons & Chemicals Flashcards
Poisons, spirits and chemicals:
The Poisons Act 1972
- Substantially amended by the Deregulation Act 2015 as
a response to terrorism within the UK - ‘Regulated’ and ‘reportable’ substances.
Glossary:
- Regulated substances
- Regulated explosives precursor is a substance listed in Part 1 of Schedule
1A - Regulated poison’ is a substance listed in Part 2 of Schedule 1A
- Reportable substances
- Reportable explosives precursor is a substance listed in Part 3 of Schedule
1A. - Reportable poison’ is a substance listed in Part 4 of Schedule 1A
- The Secretary of State has powers to make regulations to amend parts of the Poisons Ac
Examples
Adhesives; anti-fouling compositions; builders’ materials; ceramics; cosmetic products; distempers; electrical valves; enamels; explosives; fillers; fireworks; fluorescent lamps; flux
in any form for use in soldering; glazes; glue; inks; lacquer solvents; loading materials;
matches; medicated animal feeding stuffs; motor fuels and lubricants; paints; photographic paper; pigments; plastics; propellants; rubber; varnishes; vascular plants and their se
What is the law relating to Poisons and Chemicals Inspection and Enforcement?
- GPhC enforce the Poisons Act 1972
- GPhC investigations
- Penalties include terms of imprisonment and/or fines
Sale and Supply of Regulated
Substances
- Certain chemicals can be used in the illicit manufacture
of explosives or to cause harm. - Must have either a valid:
- Explosives precursors and poisons (EPP) licence
- Recognised non-GB licence
- Associated photographic identity document
- The licence will specify, which activities are permitted
- Processing, formulating, storing, treating or mixing
Supply of Regulated Substances
- Supply:
- lawful retail pharmacy business
- supply is made on premises
- under the supervision of (or by) a pharmacist
- Record of the supply
- signed by purchaser
- date of the supply
- name and address of the member of the purchaser
- name and quantity of the regulated poison supplied
- purpose(s) required
- Additionally, the details of the transaction must be entered on to the licence
Storage of Poisons in Retail Premises:
- Stored in a cupboard or drawer reserved solely for the storage of poisons
- Partitioned off/separated from the remainder of the premises
- No customer access
- Stored on a shelf reserved solely for the storage of poisons (no food or drink is kept directly under the shelf.)
Suspicious Transactions
- Appears unclear about the intended use of the substance
- Appears unfamiliar with the intended use of the substance or cannot explain it plausibly
- Intends to buy substances in quantities, combinations or concentrations uncommon for private use
- Is unwilling to provide proof of identity or place of residence
- Insists on using unusual methods of payment, including large amounts of cash
Denatured Alcohols
- Alcohol means spirits, beer, wine, made wine or cider.
- Methylated spirits, methyl alcohol and naphtha are excluded from the definition.
- Denatured alcohol is alcohol which has been made unsuitable for drinking by the
addition of denaturants - Customs and Excise Management Act 1979, the Alcoholic Liquor Duties Act
1979 and the Denatured Alcohol Regulations 2005. (dont need to memorise) - Regulations state three classes of denatured alcohol:
- Completely denatured alcohol (CDA)
- Industrial denatured alcohol (IDA)
- Trade specific denatured alcohol (TSDA)
- Pharmacists are generally concerned only with the first two classes
Completely Denatured Alcohol
(CDA)
- CDA can be used for heating, lighting, cleaning and general domestic use
- Can be obtained from DIY shops.
- No licence or authorisation is required
- There are no restrictions on the amount that may be purchased
Industrial Denatured Alcohol (IDA)
- IDA can be used in the manufacture of hand gel and hand
sanitisers. - During the 2020 COVID-19 pandemic, HMRC prioritised applications to
use IDA in hand sanitising products, and temporary changes were
made to the use and supply of denatured alcohol and duty-free spirits. - Not used for heating, lighting or for the preparation of
beverages, - Receiving IDA
- Must be authorised by HMRC
- Stocks of IDA must be kept under lock and key
- Responsible.
Production and Distribution of
Denatured Alcohol
- Distribution of denatured alcohol
- A licence issued by HMRC
- Distributors must ‘make entry’ of their premises with HMRC
- Can supply CDA to anyone
- Can supply IDA to authorised persons with an authorisation
Supply of IDA by a Pharmacist
- A pharmacist, who is an authorised user of IDA may supply IDA:
- to another authorised user
- in quantities of less than 20 litres at any one time;
- the pharmacist must hold a copy of that user’s authorisation to receive IDA;
- for medical use in response to the prescription or order of a medical or veterinary practitioner.
- There is no limit on the amount of IDA which can be supplied on an
order. - order not defined in the Regulations,
- should include the quantity and class of denatured alcohol require
What must Records show?
Records must show:
* Purchases of production materials
* Imports (including details of the country of origin)
* Class of denatured alcohol held in containers
* Quantities of alcohols, denaturants, markers, dyes and denatured alcohol held
* Results of stocktakes and action taken to investigate deficiencies
* Exports and sales of denatured alcohol
* HMRC may visit in order to inspect records and premises
Chemicals
- Chemicals regulated by the GB Classification, Labelling and
Packaging Regulation (GB CLP) - ‘Ensure a high level of protection of human health and the environment’
- Rely on the classification and labelling information from the manufacturer
- If altered, you become responsible for classifying, labelling and packaging
- internationally agreed system of chemicals classification and labelling.
- Globally Harmonised System of Classification and Labelling of Chemicals (GHS).