Terms of sale

Selling chemicals is an activity that requires certain guarantees that dangerous substances do not fall into unauthorized hands. Therefore, we exclusively supply chemicals to eligible entities that meet the legal requirements, especially the conditions defined by Act No. 258/2000 Coll. (excerpt from this law below).

§ 44a Handling of hazardous chemicals and chemical preparations

(1) Handling of hazardous chemicals and chemical preparations^%35a) includes their production, import, export, sale, use, storage, packaging, labeling, and internal transport.

(2) When handling hazardous chemicals and chemical preparations, everyone is obliged to protect human health and the environment and to follow warning symbols of danger, standard sentences indicating specific riskiness, and standard instructions for safe handling according to special legal regulations.^%35a)

(3) Legal and natural persons must not sell, donate, or otherwise provide hazardous chemicals and chemical preparations classified as highly toxic^%35b) to other natural or legal persons who are not authorized to handle these chemicals and chemical preparations under paragraph 8.

(4) Legal and natural persons must not sell or donate hazardous chemicals and chemical preparations classified as toxic or corrosive^%35c)

a) to persons under 18 years of age,

b) to persons completely or partially deprived of legal capacity to act.

(5) Legal persons and natural persons authorized to conduct business according to special legal regulations must not sell hazardous chemicals and chemical preparations classified as highly toxic,^%35b) toxic or corrosive in vending machines and in brought containers.

(6) Natural persons aged 15 or older and under 18 years of age may handle hazardous chemicals or chemical preparations classified as toxic or corrosive only within the scope of vocational preparation and under the direct supervision of a responsible person. They may handle chemicals classified as highly toxic only within the scope of vocational preparation and under the direct supervision of a person with professional competence under § 44b par. 1.

(7) Natural persons aged 10 or older and under 18 years of age may handle hazardous chemicals and chemical preparations classified as corrosive if these chemicals and preparations are part of the educational process.

(8) Legal entities and natural persons authorized to carry on business under special legal regulations may handle dangerous chemicals or chemical preparations classified as highly toxic only if the handling of these chemicals and chemical preparations is ensured by a physically competent person under § 44b para. 1, 2 or 7. Individual activities within the handling of these chemicals and chemical preparations may also be performed by an employee who has been demonstrably trained by the physically competent person. Re-training shall be carried out at least once a year. Written records of the training and retraining must be kept by the legal entity or natural person authorized to do business for a period of 3 years. The provisions of this paragraph do not apply to the operation of special protective disinfection, insect control, and rodent control (§ 58).

(9) Natural persons who, in the course of their employment or training for a profession, handle dangerous chemicals or preparations classified as highly toxic, toxic, corrosive or carcinogenic marked with R-phrases 45 or 49, mutagenic marked with R-phrases 46 and toxic to reproduction marked with R-phrases 60 or 61, must be demonstrably familiar with the hazardous properties of the chemicals and chemical preparations with which they are dealing, the principles of health and environmental protection against their harmful effects, and the principles of first aid.

(10) A legal entity or natural person authorized to carry on business is obliged to issue written rules on safety, health protection and environmental protection when working with these chemicals and chemical preparations for the workplace where dangerous chemicals or chemical preparations classified as highly toxic, toxic, corrosive or carcinogenic marked with R-phrases 45 or 49, mutagenic marked with R-phrases 46 and toxic to reproduction marked with R-phrases 60 or 61 are handled. The rules must be freely available to employees in the workplace and must include in particular information on the hazardous properties of the chemicals and chemical preparations with which the employees are dealing, instructions for safety, health and environmental protection, instructions for first aid, and procedures in case of an accident. The text of the rules must be discussed by the legal entity or natural person authorized to carry on business with the public health protection authority responsible for the place of activity.

(11) Legal entities and natural persons authorized to carry out business activities according to special legal regulations are obliged to store dangerous chemical substances and chemical preparations classified as highly toxic in premises that are lockable, secured against burglary and unauthorized access. When storing, the mixing and mutual harmful effects of stored chemical substances and chemical preparations must be excluded, and their penetration into the environment and endangerment of human health must be prevented.

(12) Legal entities and natural persons authorized to carry out business activities that handle dangerous chemical substances or chemical preparations classified as highly toxic are obliged to keep records of these chemical substances and chemical preparations. The record is kept separately for each dangerous chemical substance and chemical preparation, and the record must contain data on the amount received and issued, the inventory status, and the name of the person (name or company) to whom the chemical substance or chemical preparation was issued. Record keeping must be maintained for at least 5 years after reaching the zero inventory status of dangerous chemical substances or chemical preparations. The provisions of this paragraph do not apply to the operation of special protective disinfection, insect control, and rodent control.

§ 44b Professional competence

(1) For natural persons professionally qualified to handle dangerous chemical substances and chemical preparations classified as highly toxic, if they are not engaged in the production, import, or sale of dangerous chemical substances and chemical preparations classified as highly toxic, and in the performance of special protective disinfection, insect control, and rodent control, the following apply:

a) graduates of universities who

1. have obtained higher education in an accredited master's degree program in general medicine or pharmacy or in accredited master's degree programs in veterinary medicine and hygiene,

2. have obtained higher education in the field of chemistry,

3. have obtained higher education in the field of teaching disciplines focused on chemistry, or

4. have obtained higher education and have a certificate of special training for work in health care^35e) or a certificate of lifelong education in the field of toxicology,^35f)

5. have obtained higher education in an accredited master's degree program in plant protection or plant health, or in the framework of lifelong education in this field,^35g)

b) natural persons who have a different education than the one referred to in letter a) and who have successfully passed a professional qualification examination and have a certificate according to paragraph 5 on professional qualification for handling chemical substances and chemical preparations classified as highly toxic.

(2) Natural persons professionally qualified for production, import or sale of dangerous chemical substances and chemical preparations classified as highly toxic shall be deemed to be those professionally qualified under a special legal regulation.²⁰⁾

(3) The commission for reviewing professional qualification for handling dangerous chemical substances and chemical preparations classified as highly toxic (hereinafter referred to as the "testing facility") shall be established by the relevant public health authority. The Ministry of Health shall establish, by an implementing legal regulation, the method of establishing the commission and its composition, the content and form of the application for the examination, the basic content and conditions of the examination.

(4) Any natural person over 18 years of age who has a permanent residence in the territory of the Czech Republic or, in the case of a natural person who does not have a permanent residence in the territory of the Czech Republic, a place of residence may apply for the examination at any testing facility (hereinafter referred to as the "applicant"). The testing facility shall deliver an invitation to the examination to the applicant no later than 30 days before the date of the examination.

(5) When recognizing professional qualifications or other qualifications obtained by Czech nationals or family members of citizens of the European Union in another member state of the European Union, a special legal regulation^30a) shall be followed. If the commission for reviewing professional qualifications recognizes the professional qualification under paragraph 4 only partially, the applicant is entitled to take a differential examination. In the differential examination, the applicant is not tested in the areas referred to in the implementing legal regulation^35j), in which his or her acquired professional qualification has been recognized by the first sentence.

(6) The public health authority shall issue a certificate of professional qualification for handling dangerous chemical substances and chemical preparations classified as highly toxic to the applicant who has successfully passed the examination no later than 30 days from the date of the examination. A fee shall be paid for the issuance of the certificate.^35h)The certificate is valid for a period of 5 years from the date of its issuance.

(7) Natural persons who have been granted authorization³⁵ⁱ⁾ for highly toxic chemical substances and preparations are considered professionally qualified pursuant to paragraph 1 until the authorization expires.

35a) Section 2(5) of Act No. 356/2003 Coll., on chemicals and chemical preparations and on amendments to certain laws.

35b) Section 2(5)(f) of Act No. 356/2003 Coll.

35c) Sections 2(5)(g) and (i) of Act No. 356/2003 Coll.

35d) Government Regulation No. 171/1997 Coll., laying down technical requirements for toys, as amended.

35e) Section 54 of Act No. 20/1966 Coll., as amended.

35f) Section 98 of Act No. 111/1998 Coll., on universities and on amendments to certain laws (Higher Education Act), as amended.

35g) Section 82(2) of Act No. 326/2004 Coll., on plant protection and on amendments to certain related acts.

35h) Item 22 of the Schedule of Administrative Fees of Act No. 368/1992 Coll., on administrative fees, as amended.

35i) Sections 18 to 20 of Act No. 157/1998 Coll., as amended.

35j) Decree No. 428/2004 Coll., on obtaining professional qualification for handling dangerous chemical substances and preparations classified as highly toxic.