Acquiring and supplying toxic substances

General information

Anyone who acquires or supplies toxic substances within the meaning of section 35 of the Chemikaliengesetz 1996 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 regional administrative authority receives a copy of the confirmation (excluding confirmations issued for agencies under the authority of the Federal Ministry of Defence).

Enterprises affected

These rules apply to all natural and legal persons who place or make the chemicals in question available on the market in Austria or use said chemicals in Austria.

Competent authority

District Administrative Authority^{German text}

Legal bases

• Sections 35, 41, 41a, 41b, 42 of the Chemikaliengesetz 1996 (ChemG 1996)
• Sections 104, 116 of the Gewerbeordnung (GewO)
• Sections 3, 3a, 4, 5, 6, 7 of the Giftverordnung 2000

Expert information

Chemicals policy and biocides (→ BMK)^{German text}