18 September 2023
Certain chemicals can be used in the illicit manufacture of explosives or to cause harm. As such, Members of the public importing, acquiring, possessing or using these chemicals must hold a Home Office issued Explosives Precursors and Poisons (EPP) licence, along with an associated photographic identity document. See EPP licences: application guidance for further information.
Protect UK provides information for retailers here
As covered on the .Gov website, An EPP licence is required before regulated substances can be legitimately supplied to a member of the public. Businesses and professional users do not require EPP licences for regulated substances, where the substance is being used as part of their business or profession. You must see a valid EPP licence and associated photo ID document before you can supply any regulated chemicals.
Professional Users
From 1 October 2023 businesses supplying regulated explosives precursors to professional users and other businesses (i.e., those who don’t need a licence) will need to take additional steps to verify the legitimacy of the professional user or business.
The person making the sale must obtain the following from the business customer, and it must be retained for a period of 18 months and available for inspection:
- the business customer’s name and address. If the business customer is not an individual, the name of an individual who is authorised on behalf of the business customer should be recorded;
- a form of photographic identification of the business customer or, if the business customer is not an individual, of the individual making the purchase;
- a statement of the nature of the business customer’s trade, business or profession, or of the public function that the business customer performs; and
- the business customer’s VAT registration number, if the business customer has such a number.
Furthermore, the supplier should assess whether the intended use is reasonably consistent with the trade, business or profession and if in doubt, the sale must be refused and reported as a suspicious transaction within 24 hours.Any suspicious transactions or attempted transaction (business to consumer and business to business) of regulated substances and reportable substances must be reported online here but if it’s a significant disappearance, it must be reported directly to the police using 101 or 999 within 24 hours.
Important: Much of the guidance refers to the supply chain, and is reasonably clear that these regulated substances cannot be purchased or used by members of the public that are unlicensed. Therefore, we recommend any retailers who sell business to business, or end-users should consider themselves as part of the supply chain.
From 1 October 2023 - Any suspicious transactions of regulated substances and reportable substances must be reported within 24 hours of considering a transaction to be suspicious.
From 1 October 2023, it will be a legal requirement for retailers to provide all information that they hold which may be of reasonable assistance in identifying the individual involved in a suspicious transaction when submitting the suspicious activity report (e.g. name, email address, home address, payment card details).
From 1 October 2023 businesses supplying regulated and reportable substances to another business must inform them that the products they are purchasing are regulated or reportable under the Poisons Act 1972.
What happens if you break the law?
Failure to verify a member of the general public has a licence to import, acquire, possess and use that substance could result in imprisonment of up to 2 years, or receive a fine, or both. For further information visit here
How to comply with the law
The .Gov website states the following:
- Identify which of your products contain regulated or reportable substances
- Implement a system that reminds the cashier that a product requires a licence or extra checks or is subject to suspicious transaction reporting.
- Be clear with staff about suspicious behaviours.
- Make sure your staff know about the record of suspicious transactions(or other internal company record procedures) and how to report to the police if needed.
- Make sure the above points are in your training manual.
Remind your staff about the tips on refusing a sale.
Please read the guidance on labelling requirements for regulated poisons and explosives precursors.
What products are included under this legislation?
We understand that many products currently available on various retail outlets could fall under this legislation and it is up to you to ensure that you understand which products you sell, if any, should be handled in compliance with the legislation.
For a complete list of products that are included along with a detailed explanation of the legislation and compliance, visit: https://www.gov.uk/government/publications/supplying-explosives-precursors/supplying-explosives-precursors-and-poison
Finally, if you are unsure about any of the products you sell being part of the legislation, please contact the supplier directly.