Changes to the Poisons Act will apply to:

• Businesses that supply chemicals and chemical products
• Online marketplaces that facilitate the supply of chemicals and chemical products through their marketplaces
• Members of the public who use certain chemicals and chemical products in their hobbies in England, Scotland and Wales.

The Poisons Act 1972, which applies to Great Britain only, 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.  

The Poisons List is split into Part 1 and Part 2. Part 1 poisons, which would be considered the most dangerous, may 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 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.

There are 3 options being considered:

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

Option 2 is to make a requirement that home users obtain a licence in advance of a purchase of a Part 1 poison rather than sign a poisons register. Part 1 poisons would still only be sold by registered pharmacists. Retailers would no longer need to apply for a licence to sell Part 2 poisons.

Both Part 1 and 2 poisons would be subject to mandatory suspicious transaction, theft and significant loss reporting for home user and business to business sales. There would also be a requirement to label affected Part 1 products clearly to indicate that the acquisition, possession or use of the product is restricted

Option 3 introduces several new measures to increase security protections. These proposals aim to increase our ability to safeguard against terrorism and malicious activity by restricting access to chemicals of particular concern and increasing our ability to identify and act on suspicious transactions. We are seeking to understand the impact that these measures may have to ensure that any action taken is proportionate and does not place undue restrictions on those seeking to access explosives precursors and poisons for legitimate purposes.

Under this option the same amendments to clarify and strengthen the legislation listed under Option 2 apply, as well as introducing an upper concentration threshold to be applied to Explosives Precursors and Poisons Licences that are issued to members of the public.

The consultation closes on the 10th March.