Registered No. HSE-49/2016

November 17, 2016] RULES SUPPLEMENT 1 RULES SUPPLEMENT TO PART II EXTRAORDINARY

No.28 AMARAVATI, THURSDAY , NOVEMBER 17, 2016 G.840 --x--

HEALTH, MEDICAL AND FAMILY WELFARE (I-1)

DEPARTMENT

ANDHRA PRADESH POISONS AND SALE RULES, 2016.

[G.O.Ms.No. 140, Health, Medical and Family Welfare (I. 1), 10th November, 2016.]

FINAL NOTIFICATION

In exercise of the powers conferred by Section 2 read with Sections 6 and 8 of the Poisons Act, 1919 (Central Act 12 of 1919), the Government of Andhra Pradesh hereby make the following Rules, as the same having been previously published in the Andhra Pradesh Gazette Extra ordinary dated 14th October, 2014 vide G.O.Ms. No. 131, HM & FW (I.1) Department, dated 13th October, 2014 and after considering the objections/suggestions received as required under sub-section (2) of Section 8 of the said Act.

RULES

1. Short title extent and commencement :

(1) These rules may be called the Andhra Pradesh Poisons (Possession and Sale) Rules, 2016.

(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.

[1]

2 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part-II

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.

November 17, 2016] RULES SUPPLEMENT 3

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  A

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.  

4 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part-II

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;

November 17, 2016] RULES SUPPLEMENT 5

(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.  

6 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part-II

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  Tahsildar,

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.  be

(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.  

November 17, 2016] RULES SUPPLEMENT 7

(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, ( Act No. 12 of 1919)  

ANNEXURE

Schedule  

See rules 2 & 3  

List of Poisons

(1) Acetic acid (beyond 25% concentration by weight)  

(2) Acetic Anhydride  

(3) Sulphuric acid (H2SO4) (beyond 5% concentration by weight)  (4) Hydrochloric acid (HCL) (beyond 5% concentration by weight)  (5) Phosphoric acid (H3PO4)  

(6) Hydrofluoric acid (HF)  

(7) Perchloric Acid (HCLO4)  

(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)

8 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part-II

less

(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  

November 17, 2016] RULES SUPPLEMENT 9  ANNEXURE

FORM A  

(See rule 4)  

License for possession and sale of Poisons  

Register No.  

Photograph of  

Name of Licensee  

Address of Shop    

License Holder /  Authorized  

Representative  

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  

10 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part-II

ANNEXURE

 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.

3. 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.

4. 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;  

November 17, 2016] RULES SUPPLEMENT 11

(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.  

(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.  

12 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part-II

10. 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  from

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. ( Act No.12 of 1919)  

ANNEXURE

() p

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)  

November 17, 2016] RULES SUPPLEMENT 13 ANNEXURE

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  

a. A Photo ID issued by the Government which also has the  

 address of the person.  

 address of the person.  

b. Specified the reason/purpose for procuring acid.  

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  

Tahsildar

not exist) within 15 days of this notice.  

14 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part-II

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.  

Tahsildar

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.  

Dr. POONAM MALAKONDAIAH,

Principal Secretary to Government.

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