Poisons Act, 1919 – Regulation of sale of Acids – Poisons-A.P and Telangana State (Poisons Possession and Sale) Rules, 2014
GOVERNMENT
OF TELANGANA
ABSTRACT
HM&FW
Department – Poisons Act, 1919 – Regulation of sale of Acids – Poisons-
Telangana
State (Poisons Possession and Sale) Rules, 2014 – Rules framed –
Orders
issued.
HEALTH,
MEDICAL & FAMILY WELFARE (C2) DEPARTMENT
G.O.MS.No.
25. Dated:9-10-2014.
Read the following:
1. From the Hon’ble Supreme Court of
India order dt. 18-7-2013 in W.P.No.129 of 2006.
2. Home (Courts.B) Deptt., U.O.Note
No.18553/Courts/D3-2008-18, Dated.9-10-2013.
3.
Govt.Memo.No.17889/N1/2013,dated.18-12-2013, dt.18.3.2014, & dt.11.7.2014.
4. Letter from the DG, DCA,
Lr.No.19660/Admn./G2/2013, dt.16-01-2014
5. Letter from the DG, DCA, A.P.,
Hyderabad addressed to the Govt. of A.P. Rc.No.703/STC/2014, dated.24-7-2014.
***
O R D E R :
The Hon’ble Supreme Court of India
in its case W.P. (Crl.) 129 of 2006, Laxmi Vs. U.o.I and States and UTs in a
PIL filed by a girl who was an acid attack survivor and who wanted an end to
such attacks, has given certain directions to regulate sale of Acids /
corrosive substances.
Under section -5 of Poison Act read
with Sec-2 (1) & (2) (a) empowers the State Govts., to declare any
substance as ‘Poison’ by framing Rules under the Poison Act 1919 (Central Act
12 of 1919) and to regulate the Sale of Poison by or issuing notification and
regulating its sale etc., Government after careful examination issues the
following priliminery notification to be published in the Telangana State
Gazette Dt -10-2014
PRELIMINARY
NOTIFICATION
The following draft rules be called
“The Telangana State Poisons (Possession and Sale) Rules, 2014” which the State
Government proposes to be made in exercise of the powers conferred by section 2
read with sections 6 and sub section (2) of section 8 of the Poisons Act 1919
(Central Act 12 of 1919) are hereby published as required under sub-section (2)
of section 8 of the said Act, for information of all persons likely to be
affected thereby, and notice is hereby given that the said draft rules shall be
taken into consideration on or after the expiry of a period (15) days from the
date of publication of this notification in the
Telangana State Gazette.
Objections or suggestions, if any,
may be addressed to the Principal Secretary to Government, Health Medical &
Family Welfare Department, Government of Telangana State.
The objections or suggestions which
may be received from any person with respect to the said draft rules before the
expiry of the period so specified above will be taken into consideration by the
State Government.
DRAFT RULES
1. Short title, extent and commencement:
(1) These rules may be called the
Telangana State Poisons (Possession and Sale) Rules, 2014.
(2) They shall extend to the whole
of the State of Telangana
(3) They shall come into force on
the date of their publication in the Telangana State Gazette.
2. Definitions: In these rules, unless the context otherwise requires:-
(a) “Act” means the Poisons Act,
1919. (Central Act, 12 of 1919)
(b) “Dealer” means a person holding
license under these rules.
(c) “Form” means a form appended to
these rules.
(d) “Licensee” means a holder of a
license.
(e) “Licensing Authority” means the
District Magistrate or any other officer authorized by the State Government
under section 3 to grant a license.
(f) “Notification” means a
notification published in the Telangana State Gazette.
(g) “Sale” means any sale by one
licensed dealer to another or by a licensed dealer to any educational
institution or to any research or medical institution or hospital or dispensary
under a qualified medical practitioner (Registered Medical Practitioner) or any
recognized public institution or industrial firm requiring poisons for its own
use or to Government Departments or Public Sector Undertakings or to an individual
for personal use.
(h) “Schedule” means the Schedule
appended to these rules.
3. The substances specified in the
Schedule shall be deemed to be poisons for the purpose of these rules.
4. License for possession or sale: No person,
unless exempted under the provisions of the Act, shall sell or possess for sale
any poison specified in the Schedule except under a license in Form A granted or renewed in that behalf by the licensing
authority.
5. Exhibition of rules on the premises: A copy of
these rules shall always be displayed in prominent position at the place of
business specified in the license granted under Rule 4.
6. Application for grant or renewal of license:
(1) Every person desiring for the
grant or renewal of a license shall make a written application to the licensing
authority in Form B and such application
shall bear a court fee stamp of one hundred rupees. Provided that any
application for renewal of a license which is made less than three months prior
to the date of the expiry of the license shall bear a
court fee stamp of hundred rupees.
(2) In case when the original
license is lost or destroyed, and application for duplicate license shall be
made in writing and shall bear a Court fee stamp of two hundred rupees.
(3) In the case of any change in
the place of business of the licensee, a fresh application for license shall be
made to the licensing authority and such application shall bear a court-stamp
of one hundred rupees.
(4) The licensee shall prominently
display the license in the place of business.
7. Duration of license: Subject to the provisions of
rules 8 and 9, a license granted or renewed under these rules shall remain in
force for five years from the date of issue.
8. Discretion of licensing authority: A license may
be cancelled / suspended for certain period or revoked at any time. The grant /
renewal / cancellation / suspension of license shall be in the discretion of the
Licensing Authority.
Provided that the Licensing
Authority shall give an opportunity to the party concerned to show cause, if
any, action proposed to be taken against the party and shall record in writing
the reasons for refusing to grant or renew a license or for canceling or
revoking a license.
Provided further that the
application for a license or a licensee whose license has been refused to
renewal or cancelled / suspended / revoked as aggrieved by such an order of the
Licensing Authority can file an appeal with the Appellate Authority notified by
the State Government.
9. Termination of license: A license shall terminate on the
death of the license holder or on the transfer of his business, or if granted
to a firm or company, on the winding up or the transfer of the business of such
firm or company / or change of constitution.
Provided that, if the business
carried on by the licensee as such of the firm or company is transferred as a
going concern and the transferee applies for a fresh license, with court fee
stamp of hundred rupees, within (30) days of the date of transfer, the
subsisting license
shall continue to be in force until
a new license has been granted or the application for fresh license is rejected
by the Licensing Authority.
10. Disposal of stock on termination, revocation or
cancellation of
license:
(1) In the event of revocation or
cancellation of the license under rule 8 or in the event of the termination of
license under rule 9, the stock of poison may be sold to any other license
holder within a period of three months from the date of such termination,
revocation or cancellation of the license, after which the remaining stock of
poison may be destroyed
under the orders of the Licensing
authority. Such destroyed of the poison shall be under taken in conformity with
Telangana State Pollution Control Board (TSPCB) rules.
(2) In the case referred to in rule
9, the proceeds of the sale, if any, shall be made over to the legal
representative of the deceased license holder or his transferee or, liquidator
of the dissolved firm or company of the transferee of the firm or company, as
the case may be.
11. Power to inspect poisons and registers: Any Executive
Magistrate or a Police Officer of the rank of Sub-Inspector and above or a
Medical Officer appointed by the State Government or an Inspector appointed under
section 21 of the Drugs and Cosmetics Act, 1940 (Central Act 23 of 1940) may at
any time visit and inspect the premises of the license
holder where a poison is kept for
sale and may inspect all poisons found therein and the registers.
12. License to whom to be granted:
(1) A license shall be granted only
to a person who in the opinion of the licensing authority is competent to
conduct business in poisons.
(2) The license issued to a firm or
company shall always be in the name of the proprietor or Directors of the
company or a responsible person to be nominated by such proprietor or Directors
for the purpose, or in the case of a public company, in the name of its
manager.
(3) The name or names so given may
be altered or amended by the licensing authority on a written application from
the firm or company and such application shall bear a court fee stamp of
hundred rupees.
13. Sale of poison:
(1) Every sale of poison, as far as
practicable, shall be made by the license-holder in person or where the
license-holder is a firm or a company, through or under supervision of an
accredited representative of such firm or company.
(2) A Person holding license for
possession and sale of poisons granted under these rules shall store and sell
from the premises specified in the license.
(3) The sale of poisons shall be
prohibited unless the seller maintains a log book/register as per the rules
herein.
14. Persons to whom poisons may be sold:
(1)A license holder shall not sell
any poison to any person, unless the latter is personally known to him, or
identified to his satisfaction by producing a photo identity card issued by the
Government, which has his address or substantiate it with a document giving his
address.
(2) The license holder shall also
ascertain before selling any poison the name, telephone number and address of
the purchaser and the purpose for which the poison is purchased.
(3) The license holder shall not
sell any poison to any person who appears to him to be under the age of
eighteen years, or to any person who does not appear to him to be in full
possession of his faculties.
15. Register of sales of poisons:
(1) Every license holder shall
maintain a register in which he shall enter correctly all sales of poisons
other than used by a Chemist, Druggist or Compounder dispensing or compounding
in compliance with the prescription of a qualified medical or veterinary
practitioner. The
following details shall be entered
in such register in respect of such sale, namely:
(a) Serial No;
(b) Name of Poison, Quantity
purchased, purchased from,date of purchase.
(c) Quantity Sold;
(d) Date of sale;
(e) Name and address of the
purchaser, serial number of the photo identity card produced and the name of
the issuing authority;
(f) Purpose for which the poison
was stated by the purchaser to be required;
(g) Batch No;/relevant description;
(h) Name and address of the
manufacturer;
(i) Signature of purchaser (or
thumb impression if illiterate) or in the case of purchase by post date on
which the letter was written and reference to the original in the file in which
it is preserved;
(j) Signature of a person
identifying the purchaser if any (or thumb impression, if illiterate); and
(k) Signature of Dealer.
(2) In a separate portion of the
register he shall entered in separate columns for each poison, the quantity of
each poison sold daily, and those entries shall be filled up from day to day.
(3) The signature in the register
prescribed under item(K) of sub rule (1) shall be that of the license-holder
himself, or, when the license holder is a firm or company, an accredited
representative of such firm or company and shall be written at the time of such
signature
shall be sale or dispatch to the
purchaser. Such signature shall be held to imply that the signatory had
satisfied himself that the requirements of rule 14 have been fulfilled.
(4) All letters or written orders
referred to under item (i) of para 6
(1) of conditionally under Form ‘A’
appended to the said rules shall be preserved in original by the license holder
for a period not less than two years from the date of sale.
(5) The daily balance of stock
should be entered in the register.
16. Custody or poisons kept for sale and lebelling of
receptacled in which they are kept:
(1) All poisons kept for sale under
these rules by any license-holder shall be kept securely in a box, almirah,
room or building (according to the quantity maintained) which shall be secured
by lock and key and in which no substance shall be placed other than poisons
possessed in accordance with a license granted under the Act, and each poison
shall be kept
securely within such box, almirah,
room or building in a separate closed receptacle of glass, metal or
earthenware.
(2) Every such box, almirah, room
or building and every such receptacle shall be marked with the word “POISON’ in
red letters, both in English and in the local language and in the case of
receptacles containing separate poison, with name of such poison.
17. Poisons sold to be securely packed and labeled: When any
poison is sold, it shall be securely packed in a closed receptacle or container
(according to the quantity); and every such receptacle or packet shall be labelled
by the licensee with a red label bearing in English and in local language
giving the name of the poison and the name and address of the
licensee Manufacturer. The
following universal warning symbols shall also be displayed on the receptacle.
18. Security, storage and incident management of acids /
corrosive substances by users (except individuals): A Standard
Operating Procedure (SOP) outlining the measures undertaken for security,
storage and incident management of acids/corrosive substances shall be prepared
and displayed prominently in the premises of the user.
(1) Security of acid/corrosive
substances.
(a) A person shall be made
accountable for possession and safe keeping of acid in the premises.
(b) The storage of acid/corrosive
shall be under the supervision of this person.
(c) The storage of acid/corrosive
shall be under double lock system to ensure more security.
(d) A register of usage of acid
shall be maintained and the same shall be filed with the concerned SDM (or
Tahsildar wherever the office of SDM does not exist) every three months.
(e) There shall be compulsory
checking of the students/personnel leaving the laboratories / place of storage
where acid / corrosive is used / stored.
(2) Storage of acids/corrosive
substances.
(a) The chemicals should be stored
in plastic or other suitable containers.
(b) All storage containers should
be labeled to indicate the identity of the chemicals and the hazards involved
and the precautions to be taken.
(c) Incompatible chemicals should
not be stored together.
(d) The inventory of corrosive
chemicals should be kept to a minimum.
(e) Protective gloves, aprons,
safety glasses and face shields should be worn where appropriate.
(f) Acids should be diluted with
care-always add acid to water, never add water to acid.
(3) Incident Management
(a) Skin contact: Quickly take off
contaminated clothing, shoes and leather goods (e.g. watchbands, belts).
Quickly and gently bolt or brush away excess chemicals. Immediately flush with
lukewarm, gently flowing water for at least 30 minutes. Do not interrupt
flushing, if it can be done safely;
continue flushing during transport to hospital. Immediately call a Poison
Centre or doctor as treatment is urgently required, transport to a hospital.
(b) Eye contact: Avoid direct
contact. Wear chemical protective gloves if necessary. Quickly and gently blot
or brush chemical off the face. Immediately flush the contaminated eye(s) with lukewarm,
gently flowing water for at least 30 minutes, while holding the eyelid(s) open.
If a contact lens is present, do not delay flushing or attempt to remove the
lens. Neutral saline solution may be used as soon as it is available. Do not
interrupt flushing. If necessary, continue flushing during transport to hospital.
(c) Ingestion: Have victim rinse
mouth with water. If vomiting occurs naturally, have victim lean forward to
reduce risk of aspiration. Have victim rinse mouth with water again.
Immediately call a Poison Centre or
doctor. If treatment is urgently required, transport victim to a hospital.
(d) Inhalation: Take precautions to
ensure your own safety before attempting rescue (e.g. wear appropriate
protective equipment). Move victim to fresh air keep at rest in a position
comfortable for breathing. If breathing is difficult, trained personnel should administer
emergency oxygen. Do not allow victim to move about unnecessarily. Symptoms of
pulmonary edema may be delayed. Immediately call a poison Centre or doctor.
Treatment is urgently required. Transport to a hospital.
19. Penalties:-
Any person who acts in
contravention of these rules shall be liable for penalty under section 6 of the
Poison Act,1919.
(BY ORDER AND IN THE NAME OF THE
GOVERNOR OF TELANGANA)
SURESH CHANDA PRINCIPAL SECRETARY
TO GOVERNMENT
----------------------
GOVERNMENT OF ANDHRA PRADESH
HM&FW Department – Poisons Act, 1919 – Regulation of sale of Acids – Andhra Pradesh
Poisons and Sale Rules, 2014 – Rules framed – Orders issued.
HEALTH MEDICAL AND FAMILY WELFARE (I.1) DEPARTMENT
G.O.Ms.No.131 Dated:13 -10-2014.
Read the following:
1. From the Hon’ble Supreme Court of India order dt. 18-7-2013 in W.P.No.129 of 2006.
2. Home (Courts.B) Deptt., U.O.Note No.18553/Courts/D3-2008-18, Dated.9-10-2013.
3. Govt. Memo.No.17889/N1/2013, dated.18-12-2013.
4. Letter from the DG, DCA, Lr.No.19660/Admn./G2/2013, dt.16-01-2014 and
Letter Rc.No.703/STC/2014, dated.24-7-2014.
O R D E R :
The Hon’ble Supreme Court of India in its case W.P. (Crl.) 129 of 2006 Laxmi,
vs.U.o.I and States and UTs concerning a PIL filed by a girl who was an acid attack survivor and who wanted an end to such attacks, has given certain directions to regulate sale of Acids / corrosive substances.
Under section -5 of Poison Act read with Sec-2 (1) & (2) (a) empowers the State
Govts, to declare any substance as ‘Poison’ by framing Rules under the Poison Act or issuing notification and regulating its sale etc.,
Government after careful examination agrees the following notification will be published
in the Andhra Pradesh extraordinary Gazette Dated.14-10-2014
PRELIMINARY NOTIFICATION
The following draft rules be called The Andhra Pradesh Poisons (Possession and Sale)
Rules, 2014 which the State Government proposes to be made in exercise of the powers
conferred by section 2 read with sections 6 and sub section (2) of section 8 of the Poisons Act 1919 (Central Act 12 of 1919) is hereby published as required under sub-section (2) of section 8 of the said Act, for information of all persons likely to be affected thereby, and notice is hereby given that the said draft rules shall be taken into consideration on or after the expiry of a period (15) days from the date of publication of this notification in the Andhra Pradesh Gazette. Objections or suggestions, if any, may be addressed to the Principal Secretary to Government, Health Medical & Family Welfare Department, Government of Andhra Pradesh.
The objections or suggestions which may be received from any person with respect to
the said draft rules before the expiry of the period so specified above will be taken into
consideration by the State Government.
DRAFT RULES
1. Short title extent and commencement:
(1) These rules may be called the Andhra Pradesh Poisons (Possession and Sale)
Rules, 2014.
(2) They shall extend to whole of the State of Andhra Pradesh
(3) They shall come into force on the date of their publication in the Andhra Pradesh
Gazette.
2. Definitions: In these rules, unless the context otherwise requires:-
(a) “Act” means the Poisons Act, 1919. (Central Act, 12 of 1919)
(b) “Dealer” means a person holding license under these rules.
(c) “Form” means a form appended to these rules.
(d) “Licensee” means a holder of a license.
(e) “Licensing Authority” means the District Magistrate or any other officer authorized by
the State Government under section 3 to grant a license.
(f) “Notification” means a notification published in the Andhra Pradesh Gazette.
(g) “Sale” means any sale by one licensed dealer to another or by a licensed dealer to
any educational institution or to any research or medical institution or hospital or
dispensary under a qualified medical practitioner (Registered Medical Practitioner) or
any recognized public institution or industrial firm requiring poisons for its own use or
to Government Departments or Public Sector Undertakings or to an individual for
personal use.
(h) “Schedule” means the Schedule appended to these rules.
3. The poisons specified in the Schedule shall be deemed to be poisons for the purpose of
these rules.
4. License for possession or sale: No person, unless exempted under the provisions of
the Act, shall sell or possess for sale any poison specified in the Schedule except under
a license in Form A granted or renewed in that behalf by the licensing authority.
5. Exhibition of rules on the premises: A copy of these rules shall always be displayed
in prominent position at the place of business specified in the license granted under
Rule 4.
6. Application for grant or renewal of license: (1) Every person desiring for the grant or
renewal of a license shall make a written application to the licensing authority in
Form B and such application shall bear a court fee stamp of one hundred rupees.
Provided that any application for renewal of a license which is made less than three
months prior to the date of the expiry of the license shall bear a court fee stamp of
hundred rupees.
(2) In case when the original license is lost or destroyed, and application for duplicate
license shall be made in writing and shall bear a Court fee stamp of two hundred
rupees.
(3) In the case of any change in the place of business of the licensee, a fresh application
for license shall be made to the licensing authority and such application shall bear a
court-stamp of one hundred rupees.
(4) The licensee shall prominently display the license in the place of business.
7. Duration of license: Subject to the provisions of rules 8 and 9, a license granted or
renewed under these rules shall remain in force for five years from the date of issue.
8. Discretion of licensing authority: A license may be cancelled / suspended for certain
period or revoked at any time. The grant / renewal / cancellation / suspension of
license shall be in the discretion of the Licensing Authority.
Provided that the Licensing Authority shall give an opportunity to the party
concerned to show cause, if any, action proposed to be taken against the party and shall
record in writing the reasons for refusing to grant or renew a license or for canceling or
revoking a license.
Provided further that the application for a license or a licensee whose license
has been refused to renewal or cancelled / suspended / revoked as aggrieved by such
an order of the Licensing Authority can file an appeal with the Appellate Authority notified
by the State Government.
9. Termination of license: A license shall terminate on the death of the license holder or
on the transfer of his business, or if granted to a firm or company, on the winding up or
the transfer of the business of such firm or company / or change of constitution.
Provided that, if the business carried on by the licensee as such of the firm or
company is transferred as a going concern and the transferee applies for a fresh license,
with court fee stamp of hundred rupees, within (30) days of the date of transfer, the
subsisting license shall continue to be in force until a new license has been granted or
the application for fresh license is rejected by the Licensing Authority.
10. Disposal of stock on termination, revocation or cancellation of license: (1) In the
event of revocation or cancellation of the license under rule 8 or in the event of the
termination of license under rule 9, the stock of poison may be sold to any other license
holder within a period of three months from the date of such termination, revocation or
cancellation of the license, after which the remaining stock of poison may be destroyed
under the orders of the Licensing authority. Such destroyed of the poison shall be
under taken in conformity with Andhra Pradesh Pollution Control Board (APPCB) rules.
(2) In the case referred to in rule 9, the proceeds of the sale, if any, shall be made over
to the legal representative of the deceased license holder or his transferee or, liquidator
of the dissolved firm or company of the transferee of the firm or company, as the case
may be.
11. Power to inspect poisons and registers: Any Executive Magistrate or a Police Officer
of the rank of Sub-Inspector and above or a Medical Officer appointed by the State
Government or an Inspector appointed under section 21 of the Drugs and Cosmetics
Act, 1940 (Central Act 23 of 1940) may at any time visit and inspect the premises of the
license holder where a poison is kept for sale and may inspect all poisons found therein
and the registers.
12. License to whom granted: (1) A license shall be granted only to a person who in the
opinion of the licensing authority is competent to conduct business in poisons.
(2) The license issued to a firm or company shall always be in the name of the proprietor
or Directors of the company or a responsible person to be nominated by such
proprietor or Directors for the purpose, or in the case of a public company, in the
name of its manager.
(3) The name or names so given may be altered or amended by the licensing authority
on a written application from the firm or company and such application shall beat a
court fee stamp of hundred rupees.
13. Sale of poison: (1) Every sale of poison, as far as practicable, shall be made by the
license-holder in person or where the license-holder is a firm or a company, through or
under supervision of an accredited representative of such firm or company.
(2) A Person holding license for possession and sale of poisons granted under these
rules shall store and sell from the premises specified in the license.
(3) The sale of poisons shall be prohibited unless the seller maintains a log
book/register as per the rules herein.
14. Persons to whom poisons may be sold: (1)A license holder shall not sell any poison
to any person, unless the latter is personally known to him, or identified to his
satisfaction by producing a photo identity card issued by the Government, which has his
address or substantiate it with a document giving his address.
(2) The license holder shall also ascertain before selling any poison the name,
telephone number and address of the purchaser and the purpose for which the
poison is purchased.
(3) The license holder shall not sell any poison to any person who appears to him to
be under the age of eighteen years, or to any person who does not appear to him
to be in full possession of his faculties.
15. Register of sales of poisons: (1) Every license holder shall maintain a register in
which he shall enter correctly all sales of poisons other than used by a Chemist,
Druggist or Compounder dispensing or compounding in compliance with the
prescription of a qualified medical or veterinary practitioner. The following details shall be
entered in such register in respect of such sale, namely:
(a) Serial No;
(b) Name of Poison, Quantity purchased, purchased from, date of purchase.
(c) Quantity Sold;
(d) Date of sale;
(e) Name and address of the purchaser, serial number of the photo identity
card produced and the name of the issuing authority;
(f) Purpose for which the poison was stated by the purchaser to be required;
(g) Batch No;/relevant description;
(h) Name and address of the manufacturer;
(i) Signature of purchaser (or thumb impression if illiterate) or in the case of
purchase by post date on which the letter was written and reference to the
original in the file in which it is preserved;
(j) Signature of a person identifying the purchaser if any (or thumb
impression, if illiterate); and
(k) Signature of Dealer.
(2) In a separate portion of the register he shall entered in separate columns for
each poison, the quantity of each poison sold daily, and those entries shall be
filled up from day to day.
(3) The signature in the register prescribed under item(K) of sub rule (1) shall be that
of the license-holder himself, or, when the license holder is a firm or company, an
accredited representative of such firm or company and shall be written at the time
of such signature shall be sale or dispatch to the purchaser. Such signature shall
be held to imply that the signatory had satisfied himself that the requirements of
rule 14 have been fulfilled.
(4) All letters or written orders referred to under item (i) of sub rule(1) shall be
preserved in original by the license holder for a period not less than two years
from the date of sale.
(5) The daily balance of stock should be entered in the register.
16. Custody or poisons kept for sale and lebelling of receptacled in which they are
kept: (1) All poisons kept for sale under these rules by any license-holder shall be kept
securely in a box, almirah, room or building (according to the quantity maintained) which
shall be secured by lock and key and in which no substance shall be placed other than
poisons possessed in accordance with a license granted under the Act, and each poison
shall be kept securely within such box, almirah, room or building in a separate closed
receptacle of glass, metal or earthenware.
(2) Every such box, almirah, room or building and every such receptacle shall be marked
with the word “POISON’ in red letters, both in English and in the local language and in
the case of receptacles containing separate poison, with name of such poison.
17. Poisons sold to be securely packed and labeled: When any poison is sold, it shall be
securely packed in a closed receptacle or container (according to the quantity); and every
such receptacle or packet shall be labeled by the licensee with a red label bearing in
English and in local language giving the name of the poison and the name and address
of the licensee Manufacturer. The following universal warning symbols shall also be
displayed on the receptacle.
18. Security, storage and incident management of acids / corrosive substances by
users (except individuals): A Standard Operating Procedure (SOP) outlining the
measures undertaken for security, storage and incident management of acids/corrosive
substances shall be prepared and displayed prominently in the premises of the user.
(1) Security of acid/corrosive substances.
(a) A person shall be made accountable for possession and safe keeping of acid in
the premises.
(b) The storage of acid/corrosive shall be under the supervision of this person.
(c) The storage of acid/corrosive shall be under double lock system to ensure more
security.
(d) A register of usage of acid shall be maintained and the same shall be filed with
the concerned SDM (or Tehsildar wherever the office of SDM does not exist)
every three months.
(e) There shall be compulsory checking of the students/personnel leaving the
laboratories / place of storage where acid / corrosive is used / stored.
(2) Storage of acids/corrosive substances.
(a) The chemicals should be stored in plastic or other suitable containers.
(b) All storage containers should be labeled to indicate the identity of the chemicals
and the hazards involved and the precautions to be taken.
(c) Incompatible chemicals should not be stored together.
(d) The inventory of corrosive chemicals should be kept to a minimum.
(e) Protective gloves, aprons, safety glasses and face shields should b worn where
appropriate.
(f) Acids should be diluted with care-always add acid to water, never add water to
acid.
(3) Incident Management
(a) Skin contact: Quickly take off contaminated clothing, shoes and leather goods
(e.g. watchbands, belts). Quickly and gently bolt or brush away excess
chemicals. Immediately flush with lukewarm, gently flowing water for at least 30
minutes. Do not interrupt flushing, if it can be done safely; continue flushing
during transport to hospital. Immediately call a Poison Centre or doctor as
treatment is urgently required, transport to a hospital.
(b) Eye contact: Avoid direct contact. Wear chemical protective gloves if necessary.
Quickly and gently blot or brush chemical off he face. Immediately flush the
contaminated eye(s) with lukewarm, gently flowing water for at least 30 minutes,
while holding the eyelid(s) open. If a contact lens is present, do not delay
flushing or attempt to remove the lens. Neutral saline solution may be used as
soon as it is available. Do not interrupt flushing. If necessary, continue flushing
during transport to hospital.
(c) Ingestion: Have victim rinse mouth with water. If vomiting occurs naturally, have
victim lean forward to reduce risk of aspiration. Have victim rinse mouth with
water again. Immediately call a Poison Centre or doctor. If treatment is urgently
required, transport victim to a hospital.
(d) Inhalation: Take precautions to ensure your own safety before attempting rescue
(e.g. wear appropriate protective equipment). Move victim to fresh air keep at
rest in a position comfortable for breathing. If breathing is difficult, trained
personnel should administer emergency oxygen. Do not allow victim to move
about unnecessarily. Symptoms of pulmonary edema may be delayed.
Immediately call a poison Centre or doctor. Treatment is urgently required.
Transport to a hospital.
19. Penalties:-
Any person who acts in contravention of these rules shall be liable for penalty under
section 6 of the Poison Act,1919.
( BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
L.V.SUBRAHMANYAM
PRINCIPAL SECRETARY TO GOVERNMENT
Continued Annexures …
Annexure to G.O.Ms.No.131, HM&FW(I.1) Dept., Dated. 13-10-2014
Schedule See rules 2 & 3 List of Poisons
(1) Acetic acid (beyond 25% concentration by weight)
(2) Acetic Anhydride
(3) Sulphuric acid (H2SO) (beyond 5% concentration by weight)
(4) Hydrochloric acid (HCL) (beyond 5% concentration by weight)
(5) Phosphoric acid (H)
(6) Hydrofluoric acid (HF)
(7) Perchloric Acid (HCLO34PO44)
(8) Formic Acid (beyond 10% concentration by weight)
(9) Hydrocyanic acid except substances containing less than 0.1 percent weight in weight of
Hydrocyanic acid.
(10) Hydrochloric acid, except substances containing less than 5 percent weight in weight of
Hydrochloric acid.
(11) Nitric acid, except substances containing less than 5 percent weight in weight of Nitric
Acid.
(12) Oxalic acid.
(13) Perchloride of mercury (corrosive sublimate)
(14) Potassium Hydroxide except substances containing les than 2 percent weight in weight
of Potassium Hydroxide.
(15) Sodium Hydroxide except substances containing less than 2 percent weight in weight of
sodium Hydroxide.
(16) Hydrogen peroxide (beyond 50% concentration by weight)
(17) Formaldehyde (beyond 25% concentration by weight)
(18) Phenol (beyond 3% concentration by weight)
(19) Sodium Hypochlorite Solution (Beyond 5% concentration by weight)
(20) White Arsenic
L.V.SUBRAHMANYAM
PRINCIPAL SECRETARY TO GOVERNMENT
Annexure to G.O.Ms.No.131, HM&FW(I.1) Dept., Dated. 13 -10-2014
Register No.
Name of Licensee
Address of Shop
FORM A
(See rule 4)
License for possession and sale of Poisons
Shri/Ms__________________________ son/daughter of Shri _______________
carrying on
On Business as at D.No. ______________________ in the _______________________
District, (full address) is hereby licensed to possess for sale, by wholesale or retail the following
poisons namely: and valid from to
1. ______________
2. ______________
3. ______________
4. ______________
5. ______________
This license is subject to the conditions specified on reverse, the breach of any of which shall
involve forfeiture of the license as well as liability to the penalties provided by Section 6 of the
Poisons Act, 1919.
This license will remain in force from the date of grant for a period of five years unless
previously terminated by the death of the license holder / deemed invalid by the Law or
cancelled by the Licensing Authority concerned.
Seal and Signature of Licensing Authority
Photograph of
License Holder /
Authorized
Representative
L.V.SUBRAHMANYAM
PRINCIPAL SECRETARY TO GOVERNMENT
Annexure to G.O.Ms.No.131, HM&FW (I.1) Dept., dated. 13 -10-2014
CONDITIONS
1. Subject to the provisions of Rules 6(1) and 8, a license granted or renewed on any day
shall remain in force for a period of five years. Every applicant for the grant or renewal
of a license shall make a written application to the Licensing Authority and such
application shall bear a Court fee stamp of hundred rupees.
2. A license shall terminate on the death of the license-holder or if granted to a firm or
company on the winding up or transfer of the business of such, firm or company / or
change of constitution unless the firm obtains a fresh license within (30) days with
change of constitution.
3. The Licensing Authority may for any sufficient cause revoke cancel any license.
4. Every sale of a poison shall so far as possible be conducted by the license holder in
person or where the license – holder is a firm or a company, through or under the
supervision of an accredited representative of such firm or company.
5. A license – holder shall not sell any poison to any person unless the latter is personally
known to him or identified to this satisfaction by producing photo identity card. He shall
not sell any poison to any person who appears to him to be under the age of 18 or to any
person who does not appear to him to be in full possession of his faculties.
6. (1) Every License – holder shall maintain a register in which he shall enter all sales
of poison other than those used by a chemist and druggist for dispensing or
compounding in compliance with the prescription of a medical or veterinary practitioner.
The following particulars shall be entered in such register in respect of each sale,
namely;
(a) Serial No;
(b) Name of Poison, Quantity purchased, purchased from, date of purchase.
(c) Quantity Sold;
(d) Date of sale;
(e) Name and address of the purchaser, serial number of the photo identity card
produced and the name of the issuing authority;
(f) Purpose for which the poison was stated by the purchaser to be required;
(g) Batch No;/relevant description;
(h) Name and address of the manufacturer;
(i) Signature of purchaser (or thumb impression if illiterate) or in the case of
purchase by post date on which the letter was written and reference to the
original in the file in which it is preserved;
(j) Signature of a person identifying the purchaser if any (or thumb impression, if
illiterate); and
(k) Signature of Dealer.
(2) In a separate portion of the register shall be entered in separate column for each
poison the quantity of each such poison sold daily and these entries shall be filled
in from day to day.
(3) The signature under column (k) of the register shall be that of the license – holder
himself or when the license – holder is a firm or company that of an accredited
representative of such firm or company and shall be entered at the time of sale of
dispatch to the purchaser. Such signature shall be held to imply that the writer
has satisfied himself that the requirements of rule 15 have been fulfilled.
(4) All letters or written orders referred in column (i) of the register shall be preserved
in original by the license – holder for a period of nor less than two years from the
date of the sale.
7. (1) A license – holder shall maintain in respect of each poison a stock register, in form II
which shall contain the following particulars.
(a) Serial No.
(b) Date of sale
(c) Amount received name and address of person from who received
(d) Name and address of person from whom received.
(e) Amount sold
(f) Balance in stock
(g) Remarks.
(2) The stock register shall be balanced daily.
8. Any executive Magistrate or an inspector appointed under section 21 of the Drugs and
Cosmetics Act, 1940 or a police officer of or above the rank of Sub – Inspector or any
medical officer of or above the rank of Assistant Medical Officer may at any time visit
and inspect all poisons found there and the register maintained under rules 15 and 16.
9. All poisons kept for sale by any license holder under these rules (except those kept by a
chemist and druggist for the purpose of dispensing or compounding in compliance with
the prescription of a medical or veterinary practitioner) shall be kept in a box, almirah,
room or building (according to the quantity maintained) which shall be secured by lock
and key and in which no substance shall be placed other than poisons possessed in
accordance with a license granted under the Act and each Poison shall be kept within
such box, almirah, room or building in a separate closed receptacle of glass, plastic,
metal or earthen-ware. Every such box, almirah, room or building any every such
receptacle shall be marked with the word “Poison” in red characters in English and local
language and in the case of receptacles containing separate poisons with the name of
such poisons.
10. (a) When any poison is sold, it shall be securely packed in closed receptacle or
packed (according to the quantity) and every such receptacle or packet shall be labeled
by the vendor with a label bearing the name of the poison in English and local language
and the number and date of the entry in the register of sales specified in
rule 15.
11. The license shall be held subject to the conditions mentioned above and to the
provisions of the Act and rules form time to time made under the Act.
12. The license, if he intends to sell or possess for sale any poison for medicine use will first
obtain a requisite license as required under section 18(c) of the Drugs and Cosmetics
Act, 1940.
Note – A Poison for medicine use means a drug as defined in section 3 of the Drugs and
Cosmetics Act, 1940.
L.V.SUBRAHMANYAM
PRINCIPAL SECRETARY TO GOVERNMENT
Annexure to G.O.Ms.No.131, HM&FW (I.1) Dept., dated. 13 -10-2014
FORM B
(see rule 6)
Application for Grant/Renewal of License for possession and sale of Poisons
1. Name of the Applicant/firm
2. Age of the Applicant
3. Office and Residence Address
4. License No. and Copy of License (applicable for renewal applications)
5. Documents regarding constitution of the applicant firm including nomination of the
authorized representative
6. Full Address of the place of business or shop or of storage for which a license is applied
for number of the flat and the name of the building with house number and the street or
the road where it is situated
7. Copy plan of the premises
8. Documents pertaining to the right of possession of the premises
9. Name of the poison proposed to be sold.
(Applicant should furnish three copies of self attested photographs along with the application)
L.V.SUBRAHMANYAM
PRINCIPAL SECRETARY TO GOVERNMENT
Annexure to G.O.Ms.No. 131, HM&FW (I.1) Dept., dated.13 -10-2014
PUBLIC NOTICE
1. Whereas the Hon’ble Supreme Court in WP (Crl.) 129 of 2006 Laxmi Vs. U.o.I and
others on 18/07/2013 had passed certain directions regarding the sale of acid/corrosive
substances.
2. As per the directions of the Hon’ble Supreme Court, it is hereby brought to the notice of
the general public which includes individuals, educational and research, institution,
hospitals, industries, Government departments and department of Public Sector
Undertakings or sellers of the following acids and corrosive substances, namely that
henceforth their sale would be regulated until the new Poison Rules and promulgated:
Acetic acid (beyond 25% concentration by weight), Acetic Anhydride, Sulphuric acid
(H2SO4) (beyond 5% concentration by weight), Hydrochloric acid (HCL) (beyond 5%
concentration by weight), Phosphoric acid (beyond 10% concentration by weight),
Hydrofluoric acid, Perchloric acid, Formic acid, Hydrocyanic acid except substances
containing less than 0.1 percent weight in weight of Hydrocyanic acid, Nitric acid except
substances containing less than 5 per cent weight in weight of Nitric acid, Oxalic acid,
Per chloride of mercury (corrosive sublimate), Hydrogen Peroxide (beyond 50%
concentration by weight), Formaldehyde (beyond 25% concentration by weight), Phenol
(beyond 3% concentration by weight), Potassium Hydroxide except substances
containing less than 2 percent weight in weight of Potassium Hydroxide, Sodium
Hydroxide except substances containing less than 2 per cent weight in weight of Sodium
Hydroxide, Sodium hypochlorite solution(beyond 5% concentration by weight), white
arsenic.
3. It is hereby directed that:
I. Over the counter, sale of acid is completely prohibited unless the seller maintains
a log register recording the sale of acid which will contain the details of the
person(s) to whom acid (s) is / are sold and the quantity sold. The log/register
shall contain the address of the person to whom it is sold. No acid shall be sold
to any person who is below 18 years of age.
II. All sellers shall sell acid only after the buyer has shown:
a. A Photo ID issued by the Government which also has the address of the
person.
b. Specified the reason/purpose for procuring acid.
III. All stocks of acid must be declared by the seller with the concerned Sub-
Divisional Magistrate (or Tehsildar where the office of SDM does not exist) within
15 days of this notice.
4. It is further directed that the educational institutions, research, laboratories hospitals,
Government Departments and the departments of Public Sector under takings, who are
required to keep and store acid, shall follow the following guidelines.
i. A register of usage of acid shall be maintained and the same shall be filed with
the concerned Sub-Divisional Magistrate .
ii. A person shall be made accountable for possession and safe keeping of acid in
their premises.
iii. The acid shall be stored under the supervision of this person and there shall be
compulsory checking of the students/personnel leaving the laboratories/place of
storage where acid is used.
5. The concerned SDM or Tehsildar shall be vested with the responsibility of taking
appropriate action for the breach / default / violation of the above directions.
6. All the buyers and sellers of acids and corrosive substances are requested to follow the
above directions scrupulously.
L.V.SUBRAHMANYAM
PRINCIPAL SECRETARY TO GOVERNMENT
----------------------
GOVERNMENT OF ANDHRA PRADESH
HM&FW Department – Poisons Act, 1919 – Regulation of sale of Acids – Andhra Pradesh
Poisons and Sale Rules, 2014 – Rules framed – Orders issued.
HEALTH MEDICAL AND FAMILY WELFARE (I.1) DEPARTMENT
G.O.Ms.No.131 Dated:13 -10-2014.
Read the following:
1. From the Hon’ble Supreme Court of India order dt. 18-7-2013 in W.P.No.129 of 2006.
2. Home (Courts.B) Deptt., U.O.Note No.18553/Courts/D3-2008-18, Dated.9-10-2013.
3. Govt. Memo.No.17889/N1/2013, dated.18-12-2013.
4. Letter from the DG, DCA, Lr.No.19660/Admn./G2/2013, dt.16-01-2014 and
Letter Rc.No.703/STC/2014, dated.24-7-2014.
O R D E R :
The Hon’ble Supreme Court of India in its case W.P. (Crl.) 129 of 2006 Laxmi,
vs.U.o.I and States and UTs concerning a PIL filed by a girl who was an acid attack survivor and who wanted an end to such attacks, has given certain directions to regulate sale of Acids / corrosive substances.
Under section -5 of Poison Act read with Sec-2 (1) & (2) (a) empowers the State
Govts, to declare any substance as ‘Poison’ by framing Rules under the Poison Act or issuing notification and regulating its sale etc.,
Government after careful examination agrees the following notification will be published
in the Andhra Pradesh extraordinary Gazette Dated.14-10-2014
PRELIMINARY NOTIFICATION
The following draft rules be called The Andhra Pradesh Poisons (Possession and Sale)
Rules, 2014 which the State Government proposes to be made in exercise of the powers
conferred by section 2 read with sections 6 and sub section (2) of section 8 of the Poisons Act 1919 (Central Act 12 of 1919) is hereby published as required under sub-section (2) of section 8 of the said Act, for information of all persons likely to be affected thereby, and notice is hereby given that the said draft rules shall be taken into consideration on or after the expiry of a period (15) days from the date of publication of this notification in the Andhra Pradesh Gazette. Objections or suggestions, if any, may be addressed to the Principal Secretary to Government, Health Medical & Family Welfare Department, Government of Andhra Pradesh.
The objections or suggestions which may be received from any person with respect to
the said draft rules before the expiry of the period so specified above will be taken into
consideration by the State Government.
DRAFT RULES
1. Short title extent and commencement:
(1) These rules may be called the Andhra Pradesh Poisons (Possession and Sale)
Rules, 2014.
(2) They shall extend to whole of the State of Andhra Pradesh
(3) They shall come into force on the date of their publication in the Andhra Pradesh
Gazette.
2. Definitions: In these rules, unless the context otherwise requires:-
(a) “Act” means the Poisons Act, 1919. (Central Act, 12 of 1919)
(b) “Dealer” means a person holding license under these rules.
(c) “Form” means a form appended to these rules.
(d) “Licensee” means a holder of a license.
(e) “Licensing Authority” means the District Magistrate or any other officer authorized by
the State Government under section 3 to grant a license.
(f) “Notification” means a notification published in the Andhra Pradesh Gazette.
(g) “Sale” means any sale by one licensed dealer to another or by a licensed dealer to
any educational institution or to any research or medical institution or hospital or
dispensary under a qualified medical practitioner (Registered Medical Practitioner) or
any recognized public institution or industrial firm requiring poisons for its own use or
to Government Departments or Public Sector Undertakings or to an individual for
personal use.
(h) “Schedule” means the Schedule appended to these rules.
3. The poisons specified in the Schedule shall be deemed to be poisons for the purpose of
these rules.
4. License for possession or sale: No person, unless exempted under the provisions of
the Act, shall sell or possess for sale any poison specified in the Schedule except under
a license in Form A granted or renewed in that behalf by the licensing authority.
5. Exhibition of rules on the premises: A copy of these rules shall always be displayed
in prominent position at the place of business specified in the license granted under
Rule 4.
6. Application for grant or renewal of license: (1) Every person desiring for the grant or
renewal of a license shall make a written application to the licensing authority in
Form B and such application shall bear a court fee stamp of one hundred rupees.
Provided that any application for renewal of a license which is made less than three
months prior to the date of the expiry of the license shall bear a court fee stamp of
hundred rupees.
(2) In case when the original license is lost or destroyed, and application for duplicate
license shall be made in writing and shall bear a Court fee stamp of two hundred
rupees.
(3) In the case of any change in the place of business of the licensee, a fresh application
for license shall be made to the licensing authority and such application shall bear a
court-stamp of one hundred rupees.
(4) The licensee shall prominently display the license in the place of business.
7. Duration of license: Subject to the provisions of rules 8 and 9, a license granted or
renewed under these rules shall remain in force for five years from the date of issue.
8. Discretion of licensing authority: A license may be cancelled / suspended for certain
period or revoked at any time. The grant / renewal / cancellation / suspension of
license shall be in the discretion of the Licensing Authority.
Provided that the Licensing Authority shall give an opportunity to the party
concerned to show cause, if any, action proposed to be taken against the party and shall
record in writing the reasons for refusing to grant or renew a license or for canceling or
revoking a license.
Provided further that the application for a license or a licensee whose license
has been refused to renewal or cancelled / suspended / revoked as aggrieved by such
an order of the Licensing Authority can file an appeal with the Appellate Authority notified
by the State Government.
9. Termination of license: A license shall terminate on the death of the license holder or
on the transfer of his business, or if granted to a firm or company, on the winding up or
the transfer of the business of such firm or company / or change of constitution.
Provided that, if the business carried on by the licensee as such of the firm or
company is transferred as a going concern and the transferee applies for a fresh license,
with court fee stamp of hundred rupees, within (30) days of the date of transfer, the
subsisting license shall continue to be in force until a new license has been granted or
the application for fresh license is rejected by the Licensing Authority.
10. Disposal of stock on termination, revocation or cancellation of license: (1) In the
event of revocation or cancellation of the license under rule 8 or in the event of the
termination of license under rule 9, the stock of poison may be sold to any other license
holder within a period of three months from the date of such termination, revocation or
cancellation of the license, after which the remaining stock of poison may be destroyed
under the orders of the Licensing authority. Such destroyed of the poison shall be
under taken in conformity with Andhra Pradesh Pollution Control Board (APPCB) rules.
(2) In the case referred to in rule 9, the proceeds of the sale, if any, shall be made over
to the legal representative of the deceased license holder or his transferee or, liquidator
of the dissolved firm or company of the transferee of the firm or company, as the case
may be.
11. Power to inspect poisons and registers: Any Executive Magistrate or a Police Officer
of the rank of Sub-Inspector and above or a Medical Officer appointed by the State
Government or an Inspector appointed under section 21 of the Drugs and Cosmetics
Act, 1940 (Central Act 23 of 1940) may at any time visit and inspect the premises of the
license holder where a poison is kept for sale and may inspect all poisons found therein
and the registers.
12. License to whom granted: (1) A license shall be granted only to a person who in the
opinion of the licensing authority is competent to conduct business in poisons.
(2) The license issued to a firm or company shall always be in the name of the proprietor
or Directors of the company or a responsible person to be nominated by such
proprietor or Directors for the purpose, or in the case of a public company, in the
name of its manager.
(3) The name or names so given may be altered or amended by the licensing authority
on a written application from the firm or company and such application shall beat a
court fee stamp of hundred rupees.
13. Sale of poison: (1) Every sale of poison, as far as practicable, shall be made by the
license-holder in person or where the license-holder is a firm or a company, through or
under supervision of an accredited representative of such firm or company.
(2) A Person holding license for possession and sale of poisons granted under these
rules shall store and sell from the premises specified in the license.
(3) The sale of poisons shall be prohibited unless the seller maintains a log
book/register as per the rules herein.
14. Persons to whom poisons may be sold: (1)A license holder shall not sell any poison
to any person, unless the latter is personally known to him, or identified to his
satisfaction by producing a photo identity card issued by the Government, which has his
address or substantiate it with a document giving his address.
(2) The license holder shall also ascertain before selling any poison the name,
telephone number and address of the purchaser and the purpose for which the
poison is purchased.
(3) The license holder shall not sell any poison to any person who appears to him to
be under the age of eighteen years, or to any person who does not appear to him
to be in full possession of his faculties.
15. Register of sales of poisons: (1) Every license holder shall maintain a register in
which he shall enter correctly all sales of poisons other than used by a Chemist,
Druggist or Compounder dispensing or compounding in compliance with the
prescription of a qualified medical or veterinary practitioner. The following details shall be
entered in such register in respect of such sale, namely:
(a) Serial No;
(b) Name of Poison, Quantity purchased, purchased from, date of purchase.
(c) Quantity Sold;
(d) Date of sale;
(e) Name and address of the purchaser, serial number of the photo identity
card produced and the name of the issuing authority;
(f) Purpose for which the poison was stated by the purchaser to be required;
(g) Batch No;/relevant description;
(h) Name and address of the manufacturer;
(i) Signature of purchaser (or thumb impression if illiterate) or in the case of
purchase by post date on which the letter was written and reference to the
original in the file in which it is preserved;
(j) Signature of a person identifying the purchaser if any (or thumb
impression, if illiterate); and
(k) Signature of Dealer.
(2) In a separate portion of the register he shall entered in separate columns for
each poison, the quantity of each poison sold daily, and those entries shall be
filled up from day to day.
(3) The signature in the register prescribed under item(K) of sub rule (1) shall be that
of the license-holder himself, or, when the license holder is a firm or company, an
accredited representative of such firm or company and shall be written at the time
of such signature shall be sale or dispatch to the purchaser. Such signature shall
be held to imply that the signatory had satisfied himself that the requirements of
rule 14 have been fulfilled.
(4) All letters or written orders referred to under item (i) of sub rule(1) shall be
preserved in original by the license holder for a period not less than two years
from the date of sale.
(5) The daily balance of stock should be entered in the register.
16. Custody or poisons kept for sale and lebelling of receptacled in which they are
kept: (1) All poisons kept for sale under these rules by any license-holder shall be kept
securely in a box, almirah, room or building (according to the quantity maintained) which
shall be secured by lock and key and in which no substance shall be placed other than
poisons possessed in accordance with a license granted under the Act, and each poison
shall be kept securely within such box, almirah, room or building in a separate closed
receptacle of glass, metal or earthenware.
(2) Every such box, almirah, room or building and every such receptacle shall be marked
with the word “POISON’ in red letters, both in English and in the local language and in
the case of receptacles containing separate poison, with name of such poison.
17. Poisons sold to be securely packed and labeled: When any poison is sold, it shall be
securely packed in a closed receptacle or container (according to the quantity); and every
such receptacle or packet shall be labeled by the licensee with a red label bearing in
English and in local language giving the name of the poison and the name and address
of the licensee Manufacturer. The following universal warning symbols shall also be
displayed on the receptacle.
18. Security, storage and incident management of acids / corrosive substances by
users (except individuals): A Standard Operating Procedure (SOP) outlining the
measures undertaken for security, storage and incident management of acids/corrosive
substances shall be prepared and displayed prominently in the premises of the user.
(1) Security of acid/corrosive substances.
(a) A person shall be made accountable for possession and safe keeping of acid in
the premises.
(b) The storage of acid/corrosive shall be under the supervision of this person.
(c) The storage of acid/corrosive shall be under double lock system to ensure more
security.
(d) A register of usage of acid shall be maintained and the same shall be filed with
the concerned SDM (or Tehsildar wherever the office of SDM does not exist)
every three months.
(e) There shall be compulsory checking of the students/personnel leaving the
laboratories / place of storage where acid / corrosive is used / stored.
(2) Storage of acids/corrosive substances.
(a) The chemicals should be stored in plastic or other suitable containers.
(b) All storage containers should be labeled to indicate the identity of the chemicals
and the hazards involved and the precautions to be taken.
(c) Incompatible chemicals should not be stored together.
(d) The inventory of corrosive chemicals should be kept to a minimum.
(e) Protective gloves, aprons, safety glasses and face shields should b worn where
appropriate.
(f) Acids should be diluted with care-always add acid to water, never add water to
acid.
(3) Incident Management
(a) Skin contact: Quickly take off contaminated clothing, shoes and leather goods
(e.g. watchbands, belts). Quickly and gently bolt or brush away excess
chemicals. Immediately flush with lukewarm, gently flowing water for at least 30
minutes. Do not interrupt flushing, if it can be done safely; continue flushing
during transport to hospital. Immediately call a Poison Centre or doctor as
treatment is urgently required, transport to a hospital.
(b) Eye contact: Avoid direct contact. Wear chemical protective gloves if necessary.
Quickly and gently blot or brush chemical off he face. Immediately flush the
contaminated eye(s) with lukewarm, gently flowing water for at least 30 minutes,
while holding the eyelid(s) open. If a contact lens is present, do not delay
flushing or attempt to remove the lens. Neutral saline solution may be used as
soon as it is available. Do not interrupt flushing. If necessary, continue flushing
during transport to hospital.
(c) Ingestion: Have victim rinse mouth with water. If vomiting occurs naturally, have
victim lean forward to reduce risk of aspiration. Have victim rinse mouth with
water again. Immediately call a Poison Centre or doctor. If treatment is urgently
required, transport victim to a hospital.
(d) Inhalation: Take precautions to ensure your own safety before attempting rescue
(e.g. wear appropriate protective equipment). Move victim to fresh air keep at
rest in a position comfortable for breathing. If breathing is difficult, trained
personnel should administer emergency oxygen. Do not allow victim to move
about unnecessarily. Symptoms of pulmonary edema may be delayed.
Immediately call a poison Centre or doctor. Treatment is urgently required.
Transport to a hospital.
19. Penalties:-
Any person who acts in contravention of these rules shall be liable for penalty under
section 6 of the Poison Act,1919.
( BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
L.V.SUBRAHMANYAM
PRINCIPAL SECRETARY TO GOVERNMENT
Continued Annexures …
Annexure to G.O.Ms.No.131, HM&FW(I.1) Dept., Dated. 13-10-2014
Schedule See rules 2 & 3 List of Poisons
(1) Acetic acid (beyond 25% concentration by weight)
(2) Acetic Anhydride
(3) Sulphuric acid (H2SO) (beyond 5% concentration by weight)
(4) Hydrochloric acid (HCL) (beyond 5% concentration by weight)
(5) Phosphoric acid (H)
(6) Hydrofluoric acid (HF)
(7) Perchloric Acid (HCLO34PO44)
(8) Formic Acid (beyond 10% concentration by weight)
(9) Hydrocyanic acid except substances containing less than 0.1 percent weight in weight of
Hydrocyanic acid.
(10) Hydrochloric acid, except substances containing less than 5 percent weight in weight of
Hydrochloric acid.
(11) Nitric acid, except substances containing less than 5 percent weight in weight of Nitric
Acid.
(12) Oxalic acid.
(13) Perchloride of mercury (corrosive sublimate)
(14) Potassium Hydroxide except substances containing les than 2 percent weight in weight
of Potassium Hydroxide.
(15) Sodium Hydroxide except substances containing less than 2 percent weight in weight of
sodium Hydroxide.
(16) Hydrogen peroxide (beyond 50% concentration by weight)
(17) Formaldehyde (beyond 25% concentration by weight)
(18) Phenol (beyond 3% concentration by weight)
(19) Sodium Hypochlorite Solution (Beyond 5% concentration by weight)
(20) White Arsenic
L.V.SUBRAHMANYAM
PRINCIPAL SECRETARY TO GOVERNMENT
Annexure to G.O.Ms.No.131, HM&FW(I.1) Dept., Dated. 13 -10-2014
Register No.
Name of Licensee
Address of Shop
FORM A
(See rule 4)
License for possession and sale of Poisons
Shri/Ms__________________________ son/daughter of Shri _______________
carrying on
On Business as at D.No. ______________________ in the _______________________
District, (full address) is hereby licensed to possess for sale, by wholesale or retail the following
poisons namely: and valid from to
1. ______________
2. ______________
3. ______________
4. ______________
5. ______________
This license is subject to the conditions specified on reverse, the breach of any of which shall
involve forfeiture of the license as well as liability to the penalties provided by Section 6 of the
Poisons Act, 1919.
This license will remain in force from the date of grant for a period of five years unless
previously terminated by the death of the license holder / deemed invalid by the Law or
cancelled by the Licensing Authority concerned.
Seal and Signature of Licensing Authority
Photograph of
License Holder /
Authorized
Representative
L.V.SUBRAHMANYAM
PRINCIPAL SECRETARY TO GOVERNMENT
Annexure to G.O.Ms.No.131, HM&FW (I.1) Dept., dated. 13 -10-2014
CONDITIONS
1. Subject to the provisions of Rules 6(1) and 8, a license granted or renewed on any day
shall remain in force for a period of five years. Every applicant for the grant or renewal
of a license shall make a written application to the Licensing Authority and such
application shall bear a Court fee stamp of hundred rupees.
2. A license shall terminate on the death of the license-holder or if granted to a firm or
company on the winding up or transfer of the business of such, firm or company / or
change of constitution unless the firm obtains a fresh license within (30) days with
change of constitution.
3. The Licensing Authority may for any sufficient cause revoke cancel any license.
4. Every sale of a poison shall so far as possible be conducted by the license holder in
person or where the license – holder is a firm or a company, through or under the
supervision of an accredited representative of such firm or company.
5. A license – holder shall not sell any poison to any person unless the latter is personally
known to him or identified to this satisfaction by producing photo identity card. He shall
not sell any poison to any person who appears to him to be under the age of 18 or to any
person who does not appear to him to be in full possession of his faculties.
6. (1) Every License – holder shall maintain a register in which he shall enter all sales
of poison other than those used by a chemist and druggist for dispensing or
compounding in compliance with the prescription of a medical or veterinary practitioner.
The following particulars shall be entered in such register in respect of each sale,
namely;
(a) Serial No;
(b) Name of Poison, Quantity purchased, purchased from, date of purchase.
(c) Quantity Sold;
(d) Date of sale;
(e) Name and address of the purchaser, serial number of the photo identity card
produced and the name of the issuing authority;
(f) Purpose for which the poison was stated by the purchaser to be required;
(g) Batch No;/relevant description;
(h) Name and address of the manufacturer;
(i) Signature of purchaser (or thumb impression if illiterate) or in the case of
purchase by post date on which the letter was written and reference to the
original in the file in which it is preserved;
(j) Signature of a person identifying the purchaser if any (or thumb impression, if
illiterate); and
(k) Signature of Dealer.
(2) In a separate portion of the register shall be entered in separate column for each
poison the quantity of each such poison sold daily and these entries shall be filled
in from day to day.
(3) The signature under column (k) of the register shall be that of the license – holder
himself or when the license – holder is a firm or company that of an accredited
representative of such firm or company and shall be entered at the time of sale of
dispatch to the purchaser. Such signature shall be held to imply that the writer
has satisfied himself that the requirements of rule 15 have been fulfilled.
(4) All letters or written orders referred in column (i) of the register shall be preserved
in original by the license – holder for a period of nor less than two years from the
date of the sale.
7. (1) A license – holder shall maintain in respect of each poison a stock register, in form II
which shall contain the following particulars.
(a) Serial No.
(b) Date of sale
(c) Amount received name and address of person from who received
(d) Name and address of person from whom received.
(e) Amount sold
(f) Balance in stock
(g) Remarks.
(2) The stock register shall be balanced daily.
8. Any executive Magistrate or an inspector appointed under section 21 of the Drugs and
Cosmetics Act, 1940 or a police officer of or above the rank of Sub – Inspector or any
medical officer of or above the rank of Assistant Medical Officer may at any time visit
and inspect all poisons found there and the register maintained under rules 15 and 16.
9. All poisons kept for sale by any license holder under these rules (except those kept by a
chemist and druggist for the purpose of dispensing or compounding in compliance with
the prescription of a medical or veterinary practitioner) shall be kept in a box, almirah,
room or building (according to the quantity maintained) which shall be secured by lock
and key and in which no substance shall be placed other than poisons possessed in
accordance with a license granted under the Act and each Poison shall be kept within
such box, almirah, room or building in a separate closed receptacle of glass, plastic,
metal or earthen-ware. Every such box, almirah, room or building any every such
receptacle shall be marked with the word “Poison” in red characters in English and local
language and in the case of receptacles containing separate poisons with the name of
such poisons.
10. (a) When any poison is sold, it shall be securely packed in closed receptacle or
packed (according to the quantity) and every such receptacle or packet shall be labeled
by the vendor with a label bearing the name of the poison in English and local language
and the number and date of the entry in the register of sales specified in
rule 15.
11. The license shall be held subject to the conditions mentioned above and to the
provisions of the Act and rules form time to time made under the Act.
12. The license, if he intends to sell or possess for sale any poison for medicine use will first
obtain a requisite license as required under section 18(c) of the Drugs and Cosmetics
Act, 1940.
Note – A Poison for medicine use means a drug as defined in section 3 of the Drugs and
Cosmetics Act, 1940.
L.V.SUBRAHMANYAM
PRINCIPAL SECRETARY TO GOVERNMENT
Annexure to G.O.Ms.No.131, HM&FW (I.1) Dept., dated. 13 -10-2014
FORM B
(see rule 6)
Application for Grant/Renewal of License for possession and sale of Poisons
1. Name of the Applicant/firm
2. Age of the Applicant
3. Office and Residence Address
4. License No. and Copy of License (applicable for renewal applications)
5. Documents regarding constitution of the applicant firm including nomination of the
authorized representative
6. Full Address of the place of business or shop or of storage for which a license is applied
for number of the flat and the name of the building with house number and the street or
the road where it is situated
7. Copy plan of the premises
8. Documents pertaining to the right of possession of the premises
9. Name of the poison proposed to be sold.
(Applicant should furnish three copies of self attested photographs along with the application)
L.V.SUBRAHMANYAM
PRINCIPAL SECRETARY TO GOVERNMENT
Annexure to G.O.Ms.No. 131, HM&FW (I.1) Dept., dated.13 -10-2014
PUBLIC NOTICE
1. Whereas the Hon’ble Supreme Court in WP (Crl.) 129 of 2006 Laxmi Vs. U.o.I and
others on 18/07/2013 had passed certain directions regarding the sale of acid/corrosive
substances.
2. As per the directions of the Hon’ble Supreme Court, it is hereby brought to the notice of
the general public which includes individuals, educational and research, institution,
hospitals, industries, Government departments and department of Public Sector
Undertakings or sellers of the following acids and corrosive substances, namely that
henceforth their sale would be regulated until the new Poison Rules and promulgated:
Acetic acid (beyond 25% concentration by weight), Acetic Anhydride, Sulphuric acid
(H2SO4) (beyond 5% concentration by weight), Hydrochloric acid (HCL) (beyond 5%
concentration by weight), Phosphoric acid (beyond 10% concentration by weight),
Hydrofluoric acid, Perchloric acid, Formic acid, Hydrocyanic acid except substances
containing less than 0.1 percent weight in weight of Hydrocyanic acid, Nitric acid except
substances containing less than 5 per cent weight in weight of Nitric acid, Oxalic acid,
Per chloride of mercury (corrosive sublimate), Hydrogen Peroxide (beyond 50%
concentration by weight), Formaldehyde (beyond 25% concentration by weight), Phenol
(beyond 3% concentration by weight), Potassium Hydroxide except substances
containing less than 2 percent weight in weight of Potassium Hydroxide, Sodium
Hydroxide except substances containing less than 2 per cent weight in weight of Sodium
Hydroxide, Sodium hypochlorite solution(beyond 5% concentration by weight), white
arsenic.
3. It is hereby directed that:
I. Over the counter, sale of acid is completely prohibited unless the seller maintains
a log register recording the sale of acid which will contain the details of the
person(s) to whom acid (s) is / are sold and the quantity sold. The log/register
shall contain the address of the person to whom it is sold. No acid shall be sold
to any person who is below 18 years of age.
II. All sellers shall sell acid only after the buyer has shown:
a. A Photo ID issued by the Government which also has the address of the
person.
b. Specified the reason/purpose for procuring acid.
III. All stocks of acid must be declared by the seller with the concerned Sub-
Divisional Magistrate (or Tehsildar where the office of SDM does not exist) within
15 days of this notice.
4. It is further directed that the educational institutions, research, laboratories hospitals,
Government Departments and the departments of Public Sector under takings, who are
required to keep and store acid, shall follow the following guidelines.
i. A register of usage of acid shall be maintained and the same shall be filed with
the concerned Sub-Divisional Magistrate .
ii. A person shall be made accountable for possession and safe keeping of acid in
their premises.
iii. The acid shall be stored under the supervision of this person and there shall be
compulsory checking of the students/personnel leaving the laboratories/place of
storage where acid is used.
5. The concerned SDM or Tehsildar shall be vested with the responsibility of taking
appropriate action for the breach / default / violation of the above directions.
6. All the buyers and sellers of acids and corrosive substances are requested to follow the
above directions scrupulously.
L.V.SUBRAHMANYAM
PRINCIPAL SECRETARY TO GOVERNMENT
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