Hydrofluoric acid is an aggressive substance used in the stainless steel industry, usually to assist in removal of scale and the chrome depleted layer associated with welds.

Changes in the National Drugs and Poisons Schedules have recently brought hydrofluoric acid (HF) into focus.

Products containing HF in concentrations greater than one percent (1%) now attract a National Drugs and Poisons Schedule 7 listing. In many states this has implications for licence and permit requirements. Further information on the background to rescheduling of HF from a Schedule 6 to a Schedule 7 poison,  can be found at the National Drugs and Poisons Schedules Committee website.

The implications of this change for people purchasing and using "pickling pastes" (usually incorporating HF at concentrations between 3% and 5%) and other pickling materials containing HF, and for persons selling these materials, are briefly described below on a state by state basis. The descriptions are based on verbal and in some cases written discussion with the departmental office in each state or territory and are not provided as definitive statements on your responsibilities. Also included are contact details for Public Health Authorities in each state. If you use or trade HF-containing products, ASSDA strongly suggests you contact state authorities for further information, licence applications etc.

ASSDA has made representation to the National Drugs and Poisons Scheduling Committee which has  ultimately led to a change in the regulatory requirements in New South Wales. This change is reflected below.

It is likely however that there are conditions which must be met right now to buy or sell HF products in most states. Although in some cases licences and permits are inexpensive, there is still paperwork to be completed and additional checks to be implemented in organisations handling these products.

Failure to comply with these laws may trigger various legal alternatives open to state authorities. Failure to obtain the relevant licence or permit may also have implications for an organisation's insurance cover or other risk management arrangements.

ASSDA urges you to examine your responsibilities and maintain compliance with appropriate laws.

New South Wales
Pharmaceutical Adviser
Pharmaceutical Services Branch
New South Wales Health
Phone: (02) 9879 3214

Purchaser is required to obtain and/or use an "Authority" to buy a Schedule 7 poison unless the substance is intended for non-domestic use (ie. for industrial, commercial or trade purpose). There is no cost for obtaining the authority.

Victoria
Senior Drugs and Poisons Officer
Drugs and Poisons Unit
Victorian Dept of Human Services
Phone: (03) 9637 4055

In Victoria manufacturers and wholesalers require a licence to trade Schedule 7 poisons. Such licences are also required for Schedule 6 poisons so there is not a radical change.

Costs are as follows:

A licence to manufacture a Schedule 7 poison costs $777 for the first year and $463 for subsequent years. Manufacturing the product is defined to include activities such as preparing for sale, repackaging, relabelling etc.

If you are involved as a wholesaler of the product then a licence will cost $717 in the first year and $433 in subsequent years. Industrial users do not require a licence or permit.

Queensland
Environmental Health Unit
Public Health Services
Queensland Health
Phone: (07) 3234 0964

A Schedule 7 poison may only be sold by a person who has been licensed by the Chief Executive Officer to do so. A licensee must ensure all Schedule 7 poisons are stored in a locked receptacle or storeroom, and keep personal possession of the key or ensure the key is in the personal possession of another responsible adult authorised by the licensee.

A licensee must make accurate records of all sales of Schedule 7 poisons. These records may be made in the form of an entry in a poisons sales book, or by giving the purchaser an invoice that has a unique  number. The following details must be recorded:

• Date of the sale
• Name and quantity or volume of the poison sold
• Purpose for which the poison is required
• Purchaser's name and address
• If the purchaser buys the poison in person, the purchaser's signature
• If the order was a telephone or written order - a note about the way the order was placed

Usually, a licensed wholesaler may not sell by retail. However, a licensed wholesaler may sell a Schedule 7 poison by retail to a person who uses the poison in a technical process connected with the person's business, industry or trade. The wholesaler must give the purchaser an invoice that has a unique number and states:

• Date of the sale
• Purchaser's name and address
• Name and quantity of the poison sold
• All records must be kept for two (2) years

The fee for the licence is $125.

Australian Capital Territory
Chief Pharmacist
ACT Department of Health and Community Care
Phone: (02) 6207 3974

Sellers or manufacturers of Schedule 7 poisons require a licence, issued by the Minister (of Health), to possess a Schedule 7 substance. The current licence fee is $30 per year and is valid from April 1 to March 31 each year. Schedule 7 substances must be securely stored at all times and any sales must be recorded in a poisons register. For further details and for licence applications contact George Stefanoff.

Northern Territory
Poisons and Pharmacy Branch
Territory Health Services
Phone: (08) 8922 7341

Manufacturers and wholesalers require a licence ($50 per year) and must comply with requirements of the licence (which includes rules for storage, sale and record keeping). A retailer also requires a licence ($20 per year) with similar requirements. A user requires a legal authority for which there is no fee, but for which there are requirements.

Western Australia
Health Department of WA
Phone: (08) 9388 4991

Licences to sell and permits to use are required for Schedule 7 poisons.

Costs are as follows:

Application for a wholesaler's licence costs $600. Subsequent financial year renewals are $175 for one (1) year or $425 for three (3) years. To apply for a permit to use the product, the cost is $200.  Subsequent financial year renewals are $75 for one (1) year or $175 for three (3) years.

In both cases, separate application forms are required for both the general application for a Schedule 7 poison and a specific hydrofluoric acid application.

In addition, depending on whether the application is for wholesale or use, various requirements must be met and experience must be demonstrated in those applications.

Tasmania
Senior Pharmacist
Pharmacy Services Unit
Tasmanian Department of Health and Human Services
Phone: (03) 6233 6471

Licences are required by sellers of a Schedule 7 poison and by all purchasers. There is no cost for the licence to either party. Contact James Galloway for details.

South Australia
Drugs and Poisons Section
Pharmaceutical Services Branch
SA Department of Human Services
Phone: (08) 8226 7116

Wholesalers of Schedule 7 poisons are required to be licensed (this is also the case for Schedule 6). The licence fee is $105 for Schedule 7 (and $52 for Schedule 6) per annum, renewed on May 1 each year. There are requirements for record-keeping associated with the licence. Contact  (08) 8226 7116 for further details and applications.