What the legislation says
39 (1) Storing in secure containers at a pharmacy, pending its recovery there or elsewhere, medicines included in 18 01 08*, 18 01 09, 20 01 31* or 20 01 32 or hypodermic syringes included in 18 01 01 or 18 01 03*, which have been returned to the pharmacy from households or by individuals if:
(a) the total quantity of such waste at the pharmacy does not exceed 5 cubic metres at any time;
(b) any medicine or hypodermic syringe so returned to the pharmacy is not stored there for longer than 6 months; and
(c) the medicines and hypodermic syringes are stored separately.
39 (2) Storing in secure containers at the premises of a medical, nursing or veterinary practice waste of a kind described in sub-paragraph (3) produced in carrying on that practice if:
(a) the total quantity of that waste at the premised does not at any time exceed 5 cubic metres; and
(b) no such waste is stored at those premised for longer than three months.
39 (3) The kinds of waste referred to in sub-paragraph (2) are:
(a) hypodermic syringes and sharps included in 18 01 01, 18 01 03*, 18 02 01 or 18 02 02*,
(b) body parts and organs included in 18 01 02;
(c) general healthcare waste (other than hypodermic syringes and sharps) included in 18 01 03*, 18 01 04, 18 02 02* or 18 02 03;
(d) chemicals not consisting of or containing dangerous substances included in 18 01 07 or 18 02 06; and
(e) medicines included in 18 01 08*, 18 01 09., 18 02 07*, 18 02 08, 20 01 31* or 20 01 32
What this means
Paragraph 39 (1) (a - c) allows pharmacies to take and store for up to six months, any medicines that are handed in to them from households or by individuals provided that the volume is kept below five cubic metres and provided that hypodermic syringes are stored separately.
Paragraph 39 (2) (a - b) (3) (a - e) allows the medical waste that is produced by medical, nursing and veterinary practises to be stored at those premises provided that it:
- is not kept for more than three months, and
- does not exceed five cubic metres.
Questions and answers
We have provided the following questions and answers to help you understand if this exemption applies to the type of activity that you wish to undertake.
Paragraph 39 (1)
Q. What can you do?
A. You can hold at a pharmacy for up to six months, separately stored waste medicines and hypodermic syringes that have been returned from households or by members of the public.
Q. Who can do it?
A. Any pharmacy that has registered a Paragraph 39 (1) exemption with us.
Q. Does the pharmacy, that the medicines are returned to, have to be the same pharmacy that issued them?
A. No, the waste medicines can be returned to any pharmacy with a registered exemption.
Q. What about prescription only and hazardous medicines?
A. You can store any of those wastes described with both an EWC (European Waste Catalogue) code and a description in Paragraph (1). The waste must be described by both to be included. You must however, store hazardous and non-hazardous wastes separately.
Paragraph 39 (2)
Q. What can you do?
A. You can store up to five cubic metres of the waste defined in Paragraph (3) with an EWC code and a description for up to three months. The waste must be described by both to be included and hazardous and non-hazardous wastes must be stored separately.
Q. Who can do it?
A. Any medical, nursing or veterinary establishment that has registered a Paragraph 39 (2) exemption with us.
Q. Does the exemption cover medical, nursing and veterinary waste that is produced as part of the practise but not at the place where the exemption is registered?
A. All medical, nursing and veterinary waste that is produced as part of the day to day running of the practise is included in the exemption.
Q. What is meant by hazardous waste?
A. An asterix against an EWC code indicates that these wastes may be hazardous. Hazardous waste is waste which may be dangerous to people, the environment or animals. If you handle hazardous waste under this exemption you also need to know if you have any additional obligations under the Hazardous Waste Regulations. Find out more about Environment Agency - dealing with hazardous waste.
Q. Where can I find the list of EWC codes?
A. EWC codes are now called List of Wastes (LOW). You can find a full list in our LOW guide
Example of an activity that is not suitable for registration under a Paragraph 39 Exemption:
- A community 'drop-in' centre allows visitors to the facility to return used medicines including sharps waste.
The return of medical waste at a place that is not a pharmacy, medical, nursing or veterinary practise, is not covered by the Paragraph 39 Exemption.
Examples of activities which are suitable for registration under a Paragraph 39 Exemption:
- In the interests of safe keeping and responsible disposal, a pharmacy operates a scheme whereby members of the public can return any unused medicines to the pharmacy.
The storage of the returned medicines requires registration as a Paragraph 39 Exemption.
- A medical practice permits storage of wastes including sharps waste generated from the general practitioners round of home visits.
The storage of medical waste including sharps, at the medical practice should be registered as a Paragraph 39 (2) Exemption.
Have you read and understood what you can and cannot do under this exemption?
Do you think you can meet the requirements of the Paragraph 39 Exemption and wish to proceed with the registration? You need to be confident that you understand and can comply with the terms of the exemption before you apply.
Yes
- : Notice about an exempt waste operation.
You can post your completed form back to us, or email it to Environment Agency entering 'Exemption' or Exemptions' in the subject box.
Alternatively you can request a form in the post or register your exempt activity over the phone by calling our National Customer Contact Centre on 0370 8506506.
No
Use the links at the left hand side of your screen to return to the full list of simple exemptions.
Note
If you are a farmer wishing to register this activity using agricultural waste please use the specific guidance and registration forms for agricultural waste activities or call 0845 6033113.
