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POOL & SPA INDUSTRY


The Control Of Explosives Precursors Regulations 2014


HOWARD GOSLING LOOKS AT THE SUPPLY OF HYDROGEN PEROXIDE UNDER THE NEW CONTROL OF EXPLOSIVES PRECURSORS REGULATIONS 2014 WHICH CAME INTO EFFECT RECENTLY AND WHAT COMPANIES NEED TO DO IN ORDER TO COMPLY WITH THE REGULATIONS


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rom 2 September 2014, the Control of Explosives Precursors Regulations 2014 have meant restrictions on the sale of specific chemicals above certain concentrations to members of the general public (see the ‘regulated substances’ in table 1). The relevant product for the pool and spa industry in this table is Hydrogen Peroxide. It means a member of the public must present a valid explosives precursors licence and associated photographic identity document before you can supply Hydrogen Peroxide (and any other regulated substances) to them.


If you intend to supply any products containing one of the regulated explosives precursors above the concentration threshold to a member of the general public, you must also ensure that the product is labelled with the following text:


“Acquisition, possession or use by the general public is restricted”


Table 1: Regulated substances and concentration limit


Substance


Hydrogen Peroxide Nitromethane Nitric acid


Sodium chlorate


Sodium perchlorate Potassium chlorate


Concentration w/w 12%


30% (or 24 % vol) 3%


40% 40% 40%


Potassium perchlorate 40%


Where retailers have existing stocks of regulated chemicals that will be made available to the public, the packaging will require some form of ‘over label’. Failure to comply with this new legislation could lead to a prison sentence of up to two years and/or an unlimited fine for the most serious offences.


Please note that business to business (B2B) sales are exempt from requiring licence and labelling requirements. However, to ensure you do not commit an offence by supplying a regulated substance to a member of the public without verifying a licence, you may want to verify a business customer’s professional status and need for the substance. It’s also worth noting that where a service and maintenance contract involves the pool / spa business providing the Hydrogen Peroxide to the customer, as long as the chemical is in the custody and control of


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the business at all times (i.e. not purchased directly by the client or stored at their address) the product does not need to be labelled and the client does not need a licence. However, if the client purchases the product for the maintenance contractor to use, the client will need a licence and the product will need to be labelled accordingly. The application for a licence by a member of the public can be made at: https://www. gov.uk/government/publications/licensing-for- home-users-of-explosives-precursors


Suspicious Transactions And Behaviour


Any suspicious transactions (business to consumer and B2B) of the regulated substances and ‘reportable substances’ (see table 2) must be reported to the national contact point on 0800 789321 or email Chemical.Reporting@Met.Police.UK. This means that not only will the sale of Hydrogen Peroxide be notifiable for our industry if there is suspicious activity, but also the sale of Sulphuric acid.


You should look out for suspicious behaviour in relation to the products concerned. Indicators of suspicious behaviour may include when a customer: • Is not familiar with the regular use(s) of the product(s), nor with the handling instructions


• Is not willing to share what he/she plans to use the product(s) for


• Is unwilling to provide identity or home address details if requested


• Requests packaging or delivery methods that deviate from what would be ordinary, advised, or expected


• Appears nervous, avoids communication, or is not a regular type of customer


• Attempts to purchase an unusual amount of a product or unusual combinations of products


• Refuses alternative products or products with a lower (but for the proposed use sufficient) concentration


HOWARD GOSLING


Howard is an independent consultant, running ‘Pool and Spa Advice’ and is an Adviser to SPATA and is also BISHTA’s Technical Adviser and Chairman of BISHTA’s Technical Committee. He is also a SPATA Member and sits on SPATA’s Technical Committee.


Howard is also a Dept for Transport Dangerous Goods Safety Adviser and anyone handling these products with a UN Number needs training in their handling, loading, transport and storage.


SPN October 2014 37


• Insists on paying cash, especially large amounts.


Any significant disappearances or thefts of the regulated substances and the reportable substances must be reported to your local police force using 101 (or 999 in an emergency).


Table 2: Reportable substances


Sulphuric acid Acetone Hexamine


Potassium nitrate Sodium nitrate Calcium nitrate


Calcium ammonium nitrate Ammonium nitrate


Eventually the Control of Explosives Precursors Regulations 2014 will be revoked and the restrictions will also apply to the sale of poisons under


one cohesive regime, once amendments to the Poisons Act 1972 made under the Deregulation Bill 2014 come into effect. In summary, it is vital that companies become familiar with The Control of Explosives Precursors Regulations 2014 and below are five ways to make sure that your store is compliant with suspicious transaction reporting requirements: 1. Identify which of your products are affected by suspicious transaction reporting requirements.


2. Implement a system that reminds the cashier that a product requires suspicious transaction reporting.


3. Be clear with staff about suspicious behaviours.


4. Make sure your staff know about the suspicious transaction reporting template (or other internal company record


procedures) and how to report to the police on 0800 789321.


5. Make sure the above points are in your training manual.


Further information and guidance on how to comply with the regulation can be found at: https://www.gov.uk/government/ publications/supplying-explosives-precursors SPN


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