Chapter 5. Restrictions on the sale of toxic substances

Regulations relating to restrictions on the manufacture, import, export, sale and use of chemicals and other products hazardous to health and the environment (Product Control Regulations). This is an unofficial translation of the Norwegian regulation.

Section 5-1. The sale and import of very toxic and toxic chemicals for private use

It is prohibited to import for private use chemicals labelled with the hazard symbol and the hazard description "Very toxic" or "Toxic" in accordance with the Regulation regarding classification, labelling etc. of dangerous chemicals or that pursuant to Regulation (EC) No. 1272/2008 on the classification, labelling and packaging of substances and mixtures (the CLP Regulation) shall be classified in hazard class and hazard category Carc. 1A, Carc. 1B, Muta. 1A, Muta. 1B, Repr. 1A, Repr. 1B, Acute Tox. 1, Acute Tox. 2, Acute Tox. 3, STOT RE 1 or STOT SE 1. The prohibition on private import does not apply to petrol or diesel for transport purposes that is brought in in the vehicle's fuel tank or in an approved spare tank.

Any person who wishes to sell chemicals as mentioned in subsection one for private use must obtain a permit from the Norwegian Environment Agency. The Norwegian Environment Agency can lay down more detailed conditions for the permit. Pharmacies are exempt from the requirement to hold a sales licence.

These kinds of chemicals can only be sold for private use to persons over the age of 18 who, by means of a requisition, can document the need for such substances or preparations. It is a precondition that it is not possible to substitute the chemicals with less hazardous substitutes for the use in question. The requisition shall be written on an existing form that can be obtained upon request from the police or from the Norwegian Environment Agency. The requisition shall include information on the name and address of the purchaser, the trade name of the chemical, the purpose for which the chemical is used and the desired quantity. The requisition shall also include a statement from the purchaser that the chemical will only be used for the indicated purpose, stored carefully and not handed over to others. The requisition shall bear an endorsement from the police that they permit the delivery for the indicated purpose. The requisition shall be valid for one year. It shall be submitted to the seller at the same time as the chemicals are delivered, and the seller shall keep it for at least two years.

Before supplying the chemicals, the seller is under the obligation to ensure that the purchaser satisfies the requirements of this provision. If the chemicals are delivered to a person other than the purchaser, this person must present a written power of attorney from the purchaser. Irrespective of the above, chemicals covered by this subsection must not be supplied to persons under the age of 18.

The requirement in subsection 3 that the requisition shall be endorsed by the police does not apply to the purchase of methanol based fuel for model vehicles to which 10% or more oil has been added. The seller shall keep records of date of sale, product name, volume and buyer's name and address.

The restrictions on sale do not apply to styrene, benzoic acid and white spirit as pure substance or as part of a mixture, petrol or diesel for transport purposes, paraffin, heating oil for fixed or mobile systems that is sold in retail from a tanker vehicle or fuel that is sold in enclosed systems, such as gas bottle containing liquid gas. Neither do the restrictions apply to fully manufactured colours and pens for artistic use or fully formulated chemicals in powder or liquid form for photographic use. Fully formulated photographic chemicals that are classified as carcinogenic or genetically or reproductively harmful and given the hazard symbol "Toxic" in accordance with the Regulation regarding classification, labelling etc. of dangerous chemicals or that pursuant to the CLP Regulation shall be classified in hazard class and hazard category Carc. 1A, Carc. 1B, Muta. 1A, Muta. 1B, Repr. 1A, Repr. 1B, Acute Tox. 1, Acute Tox. 2, Acute Tox. 3, STOT RE 1 can STOT SE 1 cannot on the other hand be sold for private use.

This provision does not apply to carcinogenic, genetically damaging or reproduction toxic substances that are regulated by entries 28-30 in Annex XVII to the REACH Regulation, cf. regulations of 30 May 2008 No. 516 on the registration, evaluation, authorisation and restriction of chemicals (the REACH regulations).