Poisons

Explosives Precursors and Poisons

Changes to UK Government Legislation on supplying the ‘general public’ with Poisons and Explosives precursors amongst other things, effectively abolished the Poisons Rules of 1982, and amended the1972 Rules (see UK Government guidance below). Previous to these changes the University applied the storage requirements of the 1982 Rules to ‘Schedule 1 Poisons’. New legislation introduced two categories of poison (and explosives precursors), namely ‘Regulated’ and ‘Reportable’.

A subset of the Schedule 1 poisons are now ‘Regulated’ and the others are now ‘Reportable’. In addition many other common laboratory chemicals have been added to the list of Reportable Poisons, see lists below.

Although the University is not routinely in the business of supplying these chemicals it must be assumed that the guidance will have implications for the University to comply with the reporting of losses, disappearances or thefts of the listed Explosive Precursors and Poisons as per the guidance below. Therefore laboratories, workshops etc. must manage these chemicals in a way that will enable them to comply.

In the absence of further information, it would seem prudent to continue to store all Schedule 1 Poisons, thereby including all the Regulated poisons, ‘under lock and key’ as previously advised, until such time as further information on storage requirements becomes available. Current practice for storing other listed chemicals should be reviewed so as to be able to reasonably comply with requirements for reporting loss, disappearance or theft.

In addition, it is recommended that certain alkaloids and their derivatives, e.g. aconitine, brucine, ecgonine and atropine which do not appear on the Poisons List and digitoxin and digitonin, valinomycin and actinomycin D, are also kept locked away. It is recommended that very toxic chemicals, i.e., those which have Lethal Dose Values LD 50 (30 days) of less than 10mg/kg, are also locked away at the end of each working day and are tightly managed and controlled.

The following is the ‘1982’ list of Schedule 1 Poisons

UK Government Guidance on Supplying explosives precursors and poisons

Contents

1. Substances
2. Transactions, disappearances and thefts
3. Offences
4. Licence verification
5. Complying with the law
6. Background legislation

Certain chemicals can be used in the illicit manufacture of explosives.

From 26 May 2015 , members of the public who want to acquire or import these chemicals must hold a licence issued by the Home Office and an associated photographic identity document.

EPP licenses administered before the 26 May under the Control of Explosives Precursors Regulations 2014 will remain valid until expiration.

From 3 March 2016, members of the public who want to possess or use these chemicals must hold a licence issued by the Home Office and an associated photographic identity document.

Businesses who sell or supply such chemicals must report suspicious transactions and significant losses and thefts.

1. Substances

An explosives precursors and poisons (EPP) licence is required before regulated substances can be legitimately supplied to a member of the public.

Regulated poisons must only be supplied to the public by or under the supervision of a registered pharmacist. Specific guidance for pharmacists is available.

A member of the public must show their valid EPP licence and associated photo ID document before you can supply any regulated chemicals.

1.1 Regulated substances and concentration threshold

Explosives Precursors:

• hydrogen peroxide:12% w/w
• nitromethane: 30% w/w
• nitric acid: 3% w/w
• sodium chlorate: 40% w/w
• potassium chlorate: 40% w/w
• sodium perchlorate: 40% w/w
• potassium perchlorate: 40% w/w

Poisons:

• Aluminium phosphide
• Arsenic and its compounds (other than calcium arsenites, copper acetoarsenite, copper arsenates, copper arsenites, lead arsenates)
• Barium salts (other than barium sulphate, barium carbonate and barium silicofluoride)
• Bromomethane
• Chloropicrin
• Fluoroacetic acid, its salts and fluoroacetamide
• Hydrogen cyanide and metal cyanides (other than ferrocyanides and ferricyanides)
• Lead acetates and compounds of lead with acids from fixed oils
• Magnesium phosphide
• Mercury and its compounds (including: nitrates of mercury; oxides of mercury; mercuric cyanide oxides; mercuric thiocyanate; ammonium mercuric chlorides; potassium mercuric iodides; organic compounds of mercury which contain a methyl group directly linked to the mercury atom)
• Oxalic acid- 10% w/w
• Phenols (phenol; phenolic isomers of the following—cresols, xylenols, monoethylphenols); compounds of phenols with a metal- 60% w/w of phenols or, for compounds of phenols with a metal, the equivalent of 60% w/w of phenols
• Phosphorus yellow
• Strychnine and its salts and its quaternary compounds
• Thallium and its salts

1.2 Reportable substances

Explosives Precursors:

• ammonium nitrate
• acetone
• hexamine
• sulphuric acid
• potassium nitrate
• sodium nitrate
• calcium nitrate
• calcium ammonium nitrate

Poisons:

• Aldicarb
• Alpha-chloralose
• Ammonia 10% w/w
• Arsenic, compounds of, the following—calcium arsenites; copper acetoarsenite; copper arsenates; copper arsenites; lead arsenates —
• Barium, salts of, the following—barium carbonate; barium silicofluoride —
• Carbofuran
• Cycloheximide
• Dinitrocresols (DNOC) their compounds with a metal or a base
• Dinoseb its compounds with a metal or a base
• Dinoterb
• Drazoxolon; its salts
• Endosulfan
• Endothal its salts
• Endrin
• Fentin compounds of
• Formaldehyde 5% w/w
• Formic acid 25% w/w
• Hydrochloric acid 10% w/w
• Hydrofluoric acid alkali metal bifluorides; ammonium bifluoride alkali metal fluorides; ammonium fluoride sodium silicofluoride
• Mercuric chloride mercuric iodide; organic compounds of mercury except compounds that contain a methyl (CH3) group directly linked to the mercury atom —
• Metallic oxalates
• Methomyl
• Nicotine its salts; its quaternary compounds
• Nitrobenzene 0.1% w/w
• Oxamyl
• Paraquat salts of
• Phenols (as defined in Part 2 of this Schedule) in substances containing no more than 60%, weight in weight, of phenols; compounds of phenols with a metal in substances containing no more than the equivalent of 60%, weight in weight, of phenols —
• Phosphoric acid
• Phosphorus compounds, the following—azinphos-methyl, chlorfenvinphos, demephion, demeton-S-methyl, demeton-S-methyl sulphone, dialifos, dichlorvos, dioxathion, disulfoton, fonofos, mecarbam, mephosfolan, methidathion, mevinphos, omethoate, oxydemeton-methyl, parathion, phenkapton, phorate, phosphamidon, pirimiphos-ethyl, quinalphos, thiometon, thionazin, triazophos, vamidothion —
• Potassium hydroxide 17% of total caustic alkalinity
• Sodium hydroxide 12% of total caustic alkalinity
• Sodium nitrite
• Thiofanox
• Zinc phosphide

Products of particular interest are those in which a reportable chemical is either:

• present on its own or the main ingredient
• present in a simple mixture, typically less than five ingredients

Products containing less than 1% of any of the reportable chemicals, or fertilizers that are not labelled for nitrogen (N) content are, in general, of no concern.

2. Transactions, disappearances and thefts

Any suspicious transactions (business to consumer and business to business) of regulated substances and reportable substances must be either:

• reported to the national contact point on 0800 789321
• emailed to chemical.reporting@met.police.uk.

To record details of suspicious transactions, print the suspicious transaction form.

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

The significant disappearance and theft reporting form illustrates the type of information that may be requested when reporting to the police.

For advice on verifying a business customer, you can either:

• contact epp@homeoffice.pnn.police.uk
• locate your local police counter-terrorism security adviser and complete the contact request form

The selling chemical products responsibly leaflet and poster provide advice to managers on how to alert your staff to suspicious transaction reporting requirements. As described in the leaflet, you will need to identify your affected products, make a note of them on the poster and place the poster in a position where it can be easily seen by your staff, but as far as possible, hidden from view to customers.

3. Offences

The Poisons Act 1972 as amended introduces the following offences:

1) the supply of a regulated substance to a member of the general public,

(a) without first verifying that the member of the general public has a licence to acquire, import, possess and use that substance

• on conviction on indictment: imprisonment for a term not exceeding 2 years or a fine (or both)
• on summary conviction: in England and Wales, imprisonment for a term not exceeding 3 months or to a fine (or both)
• in Scotland, imprisonment for a term not exceeding 3 months or to a fine not exceeding level 5 on the standard scale (or both)

(b) without first entering details of the transaction on the licence

• on summary conviction: a fine not exceeding level 2 on the standard scale

(c) without first ensuring that a warning label is affixed to the packaging in which the substance is supplied

• on summary conviction: a fine not exceeding level 2 on the standard scale.

2) failure to report suspicious transactions or significant disappearances or thefts.

• on summary conviction: in England or Wales, imprisonment for a term not exceeding 3 months or to a fine (or both)
• in Scotland, imprisonment for a term not exceeding 3 months or to a fine not exceeding level 5 on the standard scale (or both)

3) failure to comply with regulations about poisons and explosives precursors.

• on summary conviction: a fine not exceeding level 4 on the standard scale and for every day subsequent to conviction, a fine not exceeding one tenth of level 1 on the standard scale.

Please note that provisions relating to possession and use only apply after 3 March 2016.

4. Licence verification

If a customer requests to purchase a regulated substance above the concentration threshold, you should:

1. ask to see their licence and associated photographic ID
2. compare the photograph to the customer
3. verify the photographic ID reference against the ID reference on the front page of the licence
4. check the product being purchased is allowed as part of the licence conditions:

a. substance b. concentration c. quantity

1. record the transaction details in the table on the back of the licence.
2. if it is a regulated poison and you are not a registered pharmacist or operating under the supervision of a registered pharmacist, refuse the sale. If it is a regulated poison an you are a registered pharmacist, or operating under the supervision of a registered pharmacist, enter the transaction details into your poisons register.

If the transaction is suspicious or unusual in any way:

• phone the police on 0800 789321
• email chemical.reporting@met.police.uk

For example, there may have been multiple purchases of the same chemical over a short period that cannot be easily explained or the customer may be requesting unusual amounts for the stated purpose.

5. Complying with the law

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 record of suspicious transactions (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

Remind your staff about the tips on refusing a sale.

Please read the guidance on labelling requirements for regulated poisons and explosives precursors.

6. Background legislation

EU regulation 98/2013 on the marketing and use of explosives precursors requires EU member states to restrict sales of certain substances and mixtures that can be misused for the illicit manufacture of explosives.

The European Commission guidance is available.

On 26 March 2015, the Poisons Act 1972 was amended via the Deregulation Act 2015 and the Control of Poisons and Explosives Precursors Regulations 2015 were introduced to create a cohesive regime to control sales of explosives precursors and poisons. All licences issued under the 2014 regulations will continue to remain valid until expiration.