Toxic substances

Anyone who acquires or supplies toxic substances must have appropriate authorisation.

The following are authorised to acquire and supply toxic substances:

• Chemists, manufacturers of medicinal products and toxic substances and wholesalers of medicinal products and toxic substances within the scope of their respective authorisations
• Pharmacies

The following are additionally authorised to acquire toxic substances:

• Companies and other self-employed, professional users who are in possession of a certificate for the purchase of toxic substances
• Holders of an (old) permit for the purchase of toxic substances (only up to the date of expiry of its period of validity)
• The following must show confirmation that they require the toxic substance in order to perform the tasks that have been assigned to them:
  • Universities, private universities, teacher training colleges, private teacher training colleges and technical institutes
  • Scientific institutions and laboratories of regional authorities
  • Legally authorised scientific facilities subject to supervision from a regional authority
  • Agencies under the responsibility of the Federal Ministry of Defence, provided that they require the toxic substances in question to perform their lawful duties
  • Public schools and private schools under public law
• Doctors, veterinarians or dentists, provided that they require the toxic substances in question to perform their duties
• Chemical laboratories, provided that they require the toxic substances in question to perform their duties
• Pest control workers, provided that they require the toxic substances in question to perform their duties
• Institutions and other facilities of regional authorities that work to prevent water pollution and dispose of sewage, and special-purpose associations established in relation thereto, provided that they require the toxic substances in question for analytical purposes.

Confirmations for universities, colleges, etc. are issued by the rector or by management. All other confirmations are issued by the competent supervisory authority. The District Administrative Authority^{German text} [Bezirksverwaltungsbehörde] receives a copy of the confirmation (excluding confirmations issued for agencies under the authority of the Federal Ministry of Defence).

It is necessary to maintain precise and consistent annual reports listing the type, quantity, origin and location of toxic substances. The reporting obligation lasts for seven years after the last entry.

The reporting obligation applies to anyone, who

• manufactures,
• sells or
• purchases

toxic substances.

All proprietors of companies that manufacture or sell toxic substances are required to appoint a person responsible for trading in toxic substances. This person must monitor compliance with the provisions and immediately notify any deficiencies identified to company management. The responsible person must agree to be appointed to this position.

The manager of the company may assume the duties of the person responsible for trading in toxic substances him/herself, in consideration of economic aspects.

The loss or erroneous supply of tocix substances must be immediately notified to the District Administrative Authority^{German text} [Bezirksverwaltungsbehörde] or the police (→ BMI)^{German text}. They must notify the population of the dangers posed by these toxic substances.

Losses are notified by manufacturers, sellers, purchasers, users and waste treatment operators.

Companies and other professional users require a certificate for the purchase of toxic substances in order to purchase toxic substances. In order to obtain a certificate for the purchase of toxic substances, they must submit a written declaration to the locally competent District Administrative Authority^{German text} [Bezirksverwaltungsbehörde].

The declaration for the purposes of obtaining a certificate for the purchase of toxic substances must contain the following:

• The business division or the designation of the professional activity performed
• The intended purpose of the toxic substance (please state if for exclusively analytical purposes)
• The name of the toxic substance (if the toxic substance required is used for exclusively analytical purposes, a generic name may be provided)
• The name and job title of at least one person who is permanently employed in the business area in which the toxic substance is used and who can be shown to have completed appropriate technical and professional training in that area concerning the handling of the toxic substance used or has the required knowledge and first-aid skills. Alternatively, it is also possible for a different person who is permanently employed and available in the business area in question to fulfil the latter evidence requirement (first-aid skills), for example a first-aider pursuant to the ArbeitnehmerInnenschutzgesetz (ASchG)
• Appropriate evidence must be enclosed with the declaration

The certificate for the purchase of toxic substances is valid indefinitely. Any changes in requirements must be notified to the district administrative authority immediately. The authority must then amend the certificate for the purchase of toxic substances accordingly.