Control of Poisons and Explosives Precursors Regulations 2015 Notes

The Control of Poisons and Explosives Precursors Regulations 2015

Overview

  • These regulations provide a legal framework for the control of poisons and explosives precursors in the UK.
  • Introduced under the Deregulation Act 2015.
  • Key aim: To ensure public safety regarding the handling and sale of dangerous substances.

Differences between 1972 Poisons Act and Deregulation Act 2015

  • 1972 Poisons Act:

    • Established the Poisons Board.
    • Introduced a Poisons List and Schedules detailing sales, supply, labeling, storage, and record-keeping.

  • Deregulation Act 2015:

    • Abolished the Poisons Board.
    • Removed the Poisons List and most Poisons Schedules.
    • Eliminated previous requirements for sellers; no more licenses for retailers.

Legal Requirements for Sale and Supply of Regulated & Reportable Substances

  • Regulated Substances:

    • Must have an Explosives Precursors and Poisons (EPP) licence issued by the Home Office.
    • Supplies cannot be made to third parties.
    • Transaction details must be recorded on the back of the license.
    • Warning label must state: "Acquisition, possession or use by the general public is restricted."

  • Reportable Substances:

    • Do not require a Home Office license for purchases.

Obtaining a Home Office Licence

  • Applicants must provide:
    • Personal information: current address, date of birth, photographic ID.
    • Intended use and volume of substances they wish to purchase.
    • Health and criminal background checks will be conducted.
  • Valid for 3 years; application fee is £39.95.

Record Keeping (Poisons Register)

  • Details that must be recorded include:
    • Date of supply.
    • Name and address of the purchaser.
    • Name and quantity of the poison supplied.
    • Purpose of purchase, and
    • Signature of the purchaser.

Refusing a Sale

  • A sale must be refused if:
    • The purchaser lacks a valid license and ID.
    • License appears altered or false.
    • The license is outdated.
    • Substance not listed on license or
    • Purchaser exceeds allowed quantity on their license.

Responsibilities Regarding Labeling

  • Warning labels must be firmly affixed to packages of regulated substances before sale.
  • Must comply with Classification, Labelling and Packaging (CLP) regulations.
  • Non-compliance with labeling is an offence.

Reporting Suspicious Transactions

  • All suspicious transactions must be reported immediately.

  • Report to:

    • Police: 101
    • Anti-Terrorist Hotline: 0800 789321

  • Staff should document details such as:

    • Physical descriptions of suspicious individuals.
    • Details about vehicles involved.
    • Time and nature of suspicious activities.

Products of Concern

  • Identify products containing regulated chemicals, e.g., Hydrogen peroxide, Nitromethane, Acetone.
  • Store these products in a monitored area and regularly update staff on concerns regarding these products.

Offences and Penalties

  1. Importation or possession of regulated substances without a license by the public.
  2. Sale without verifying valid license and required record keeping.
  3. Failing to report suspicious activities or disappearance of regulated substances.

Emergency Procedure for Acid Attacks

  • Report incidents by dialing 999.
  • Carefully remove contaminated clothing.
  • Rinse affected areas in running water immediately.

References

  • The Deregulation Act, 2015.
  • The Poisons Act, 1972.
  • Further guidelines provided by the Royal Pharmaceutical Society and HM Government resources.