Hazardous Substances Law, 1993 (Summary)
The Hazardous Substances Law originates from the separation of existing
authorities within the framework of the Pharmacists Ordinance, and is based
upon the government decision to transfer responsibility for toxic substances
and harmful chemicals from the Ministry of Health to the Ministry of the
Environment. Regulations of pharmaceutics and medical drugs remain the
responsibility of the Ministry of Health. The Hazardous Substances Law, with
its attached listings of toxic substances and hazardous chemicals provides
the Ministry of the Environment with the authority for the comprehensive
management of hazardous substances.
Authority. The Minister of the Environment is responsible for the
implementation of this Law. The Minister may promulgate regulations as to:
- classification of hazardous substances, in accordance to their use, degree
of toxicity or risk;
- the manufacture, import, export, packaging, commerce, issue, transfer,
storage maintenance and use of hazardous substances.
Regulations or orders related to substances to be used in agriculture will
be made in consultation with the Ministers of Health, Agriculture, and Labor
and Welfare. Regulations or orders related to substances to be used in
industry require consultation with the Ministers of Health, Industry and
Commerce, and Labor and Welfare.
Licensing.
The Law establishes a licensing requirement, in accordance with the
Licensing of Businesses Law, for any premise engaged in the sale of
hazardous substances and a permit requirement for any business dealing in
toxic substances (poisons). Furthermore, authority is granted to the customs
office to stop the delivery of imported toxic substances to anyone not
holding the proper permit or certificate of authorization from the Ministry
of the Environment.
The holder of a poisons permit is required to maintain a toxic substances
register in which all sales and purchases of poisons are recorded. Other
provisions of the Law relate to the storage of toxic substances and to other
restrictions on the sale of toxic substances by manufacturers, wholesalers
and retailers.
The Minister of the Environment may, with the approval of the Knesset
Interior and Environmental Quality Committee, set fees for the granting or
renewal of permits.
Penalty.
Contravention of the Law or its regulations carries a fine, six months
imprisonment, confiscation of the articles in respect of which the offense
was committed and withdrawal of the permit, on a permanent or temporary
basis.
An authorized representative of the Minister of the Environment may enter
any premise handling hazardous substances, with the exception of a pharmacy
selling medicines, for purposes of inspection or investigation. Samples may
be collected, and the representative may prohibit the sale of certain
hazardous substances until the completion of the investigation.