Background

The Offensive Weapons Act 2019 (OWA) responds to the threat posed by the use of corrosive substances as a weapon to inflict serious harm. Whilst this type of crime is not new, the use of corrosives as a weapon is of significant concern given the life-changing injuries that these substances can inflict. The measures provided by the Act strengthen the powers of the Police, Trading Standards and other partners to be able to tackle these crimes. The provisions are designed to restrict access to those products containing the most harmful corrosive substances by prohibiting the sale and delivery of corrosive products to under 18s.

Batteries (in any form) are exempt from the sales and delivery prohibitions in the OWA. The substance or product has to be contained within a battery to be exempt. This means that battery acid itself is not exempt, nor are acid filler bottles.

Alongside the OWA, the Government has encouraged retailers to sign up to voluntary commitments aimed at restricting access by persons aged under 18 to products containing acid and other corrosive substances.

Although they are sold for legitimate uses, products containing certain chemicals can also be misused for criminal purposes. Certain chemicals can be used in the illicit manufacture of explosives or to cause harm. These chemicals, known as explosives precursors and poisons, are put into two categories in the Poisons Act 1972: regulated or reportable.

On 1 October 2023, the Control of Explosives Precursors and Poisons Regulations 2023 tightened the restrictions around these products, giving suppliers new responsibilities.

The vigilance of sellers has played a key role in enabling the authorities to detect and disrupt these criminal activities. This includes both proactive steps around controlling the purchasing of these products, as well as reporting losses, thefts or suspicious transactions. The guidance in this document aims to help you prevent serious crimes, as well as fulfil your legal obligations.

A number of corrosives subject to the OWA controls are also explosive precursors and subject to additional controls under the Poisons Act 1972. The OWA lists corrosive products in Schedule 1 to the Act; they are set out later in this guidance.

Selling acids, other corrosive substances and explosives precursors or poisons presents particular challenges. Retailers (both on-premises and remote - for example, online) must have effective systems in place for preventing unlawful sales.

The controls on these products will depend on whether they are restricted, regulated or reportable.

Restricted products

These are products that have an age restriction, meaning they are prohibited from sale to a person under the legal age limit - for example, acids and other corrosives cannot be sold to those under 18. There are also restrictions on where these products can be delivered (when products are sold remotely, deliveries to residential premises or lockers are prohibited - see 'Duty of retailers' below).

Regulated products

Members of the public who want to import, acquire, possess or use these chemicals must hold an explosives precursors and poisons (EPP) licence issued by the Home Office and an associated photographic identity document. 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.
Regulated poisons must only be supplied to the public by, or under the supervision of, a registered pharmacist. Specific guidance for pharmacists is available on the GOV.UK website.

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

Reportable products

There are no restrictions on sales of reportable substances, but there is an obligation to report suspicious transactions or attempts at purchasing (plus loss and theft), whether that is to a business customer or a member of the public. Even if a purchase is lawful, it could still potentially be suspicious and, in that case, there is an obligation under the Act to report it.

If regulated substances are sold at a lower concentration than specified in the Act they then fall into the category of reportable, meaning no EPP licence would be required. However, there is still the obligation to report suspicious transactions or attempts at purchasing (as well as loss and theft), whether this involves a business or a member of the public.

Reports must be made within 24 hours of deeming them suspicious.

Duty of retailers

Under the OWA it is the legal responsibility of sellers to ensure they do not:

• sell age-restricted corrosive products to people who are under the minimum legal age of 18
• deliver, or arrange to deliver, corrosive products to residential addresses or to lockers (in the case of remote sales) 

Residential premises are defined for the purposes of the OWA as "premises used solely for residential purposes". This definition has been used to ensure that deliveries of corrosive products can be made to businesses that are run from residential premises.

Remote sales are defined for the purposes of the OWA as being where the seller or the seller's representative were not in the presence of the buyer. Remote sales therefore includes sales made online, over the telephone or by post.

A locker is defined as "a lockable container to which the package was delivered with a view to its collection by the buyer, or a person acting on behalf of the buyer, in accordance with arrangements made between the seller and the buyer". Lockers are often positioned in petrol stations or retail outlets and involve a code being sent to the purchaser in order to open it. They do not easily enable age verification to be carried out at the point of collection.

Sellers must also ensure they do not sell:

• regulated substances (EPPs) above the allowed concentration limits to a member of the public who does not hold a valid Home Office EPP licence (for the specified chemical, amount and use)
• regulated poisons to a member of the public unless they (the seller) are a registered pharmacist or they are under the supervision of a registered pharmacist

Sellers must:

• ensure all packages containing a corrosive product are clearly marked* to indicate that they contain a corrosive product and that they must only be delivered into the hands of a person aged 18 or over
• record the details of any transaction of a regulated substance (EPP) on the back of the purchaser's EPP licence (which is currently a physical piece of paper designed to have these details added to it)
• when supplying regulated explosives precursors to professional users and other businesses (that is, those who don't need a licence), take additional steps to verify the legitimacy of the professional user or business
• ensure that if a product containing a regulated EPP substance above the concentration threshold is supplied to a member of the general public (who will need an EPP licence), it is properly labelled with "Acquisition, possession or use by the general public is restricted". (For more information please read the GOV.UK guidance on labelling requirements for regulated poisons and explosives precursors)
• identify and report (using the online reporting tool) any suspicious transactions or attempted transactions, losses or theft of regulated or reportable substances or products of concern within 24 hours of when the person forms the belief that the transaction is suspicious / the discovery of the loss or theft

[*It is up to the seller to determine how best to meet this marking requirement - for example, by using a sticker or other label. Sellers could consider the use of symbols as part of the package labelling process. However, further advice should be sought on this, noting the requirements of the GB CLP (chemical classification, labelling and packaging) rules. For more information on GB CLP, please see the 'What does the supplier have to ensure is on the label?' section below.]

It is a criminal offence to sell corrosive products to a person under 18.

It is a criminal offence to deliver a corrosive product, or arrange for its delivery, to a residential address or a locker.

Further detail on labelling and on the OWA sales and delivery prohibitions can be found in the Home Office statutory guidance on the OWA, which is available on the GOV.UK website.

See also the GOV.UK guidance for retailers on licensed transactions for poisons and explosives precursors.

The Protect UK website has specific information on selling chemicals responsibly, including free downloadable posters, as well as information on the Know Your Customer scheme.

Sales of acid: voluntary commitments for retailers

The voluntary commitment for retailers scheme engages with retailers to agree:

• to comply with the Poisons Act 1972 and promote awareness to staff of what this means. This applies to the sale of products, including those containing levels of acid and other corrosive substances that are either regulated or reportable under the Poisons Act 1972
• not to sell products that contain potentially harmful levels of acid or corrosive substances to people under the age of 18. Where appropriate, this will include applying Challenge 21 / 25 policies when asking for age identification, and supporting staff with till alerts, supervision and the inclusion of the products in age-restricted sales training
• that equivalent age-restriction measures are applied to products sold remotely

The scheme effectively mirrors the subsequent legal age restrictions on these products brought in by the OWA, but also extends this to any concentration of sulfuric acid, and not just products above the 15% weight in weight (w/w) concentration specified in the OWA.

Note: sulfuric acid at 15% or more, hydrochloric acid at 10% or more and phosphoric acid at 70% or more are also covered by the OWA age restriction.

The Poisons Act requires a supplier to:

• not supply a regulated substance, above the concentration threshold, to a member of the public, unless they hold a valid licence and associated photographic ID
• report any relevant transaction that they make, or propose to make, if they have reasonable grounds for believing the transaction to be suspicious:
  • if it is a regulated or reportable explosives precursor, consider if it is intended for the illicit manufacture of explosives
  • if it is a regulated or reportable poison, consider if it is intended for any illicit use
• always take appropriate steps to assess if there are reasonable grounds for suspicion
• report all significant losses or thefts of regulated or reportable substances

Any member of the general public who is not using the regulated chemicals as part of their trade, business or profession will need to have an EPP licence to acquire, possess or use the regulated chemicals.

If someone asks to purchase a regulated explosives precursor, you must:

• check whether the purchase is being made by a member of the public (in which case they will need an EPP licence) or is a business transaction (and therefore exempt from the licensing requirement, but checks are still required to verify the legitimacy of the professional user or business)
• remember that corrosives listed in the OWA, such as sulfuric acid, are also age-restricted and any purchaser, even if a trade professional or sole trader, must still be 18 or over to buy them
• ask to see a prospective purchaser's EPP licence and associated photographic ID (if the purchaser is a member of the public)•    check that the licence permits them to buy the product type, quantity and concentration involved and that the purchase is for the specified use
• fill out the back of the licence
• use the online reporting tool to report any suspicious transactions or attempted transactions within 24 hours

Since 1 October 2023, businesses supplying regulated explosives precursors to professional users and other businesses (that is, those who don't need an EPP licence) have had 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:

• 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
• the business customer's VAT registration number, if the business customer has such a number

This information does not need to be physically presented in person. For example, a photo of a driving licence attached to an email would be acceptable as a form of identification.

This information must be recorded and retained for 18 months, and available for inspection.

In all cases, the supplier should assess whether the intended use is reasonably consistent with the trade, business or profession. If in doubt, the sale must be refused and reported as a suspicious transaction within 24 hours.

Businesses and professional users should be verified every time a new purchase is made. Where regulated substances are being supplied frequently or on a routine basis to the same professional user or business, verification should occur every 18 months or whenever there is a change or deviation from normal purchasing patterns.

For the purposes of this requirement, examples of photographic identification can include a passport, driving licence, trade identification card and business ID card (this list is not exhaustive).

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

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

Reportable products

A reportable product is one that contains any of the substances listed in the table below. See 'Supplying explosives precursors and poisons' on the GOV.UK website for more detailed information and the full list of reportable poisons.

You are legally obliged to use the online reporting tool to report suspicious transactions, significant losses and thefts of products containing the substances in the below table.

Suspicious transactions, losses and thefts must be reported, using the online reporting tool or the anti-terror hotline 0800 789 321.

To be a reportable product, a listed chemical should generally be present, either:

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

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

[*Hydrogen peroxide in soft contact lens solution at a concentration under 12% is not reportable, but all suspicious transactions of any strength should be reported.]

How to identify products of concern

The following steps will help you sell responsibly and meet your legal requirements.

1. Check whether your products contain any of the above listed chemicals or are labelled with the 'skull and crossbones' pictogram. The ingredients of a product can normally be found on the label, in the safety data sheet or in other product information. If you cannot find this information, contact your supplier.

2. Identify the products of concern. Products of concern are those in which a listed chemical is present, either:

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

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

4. Inform your staff of the products of concern, what to look out for and how to report them.

5. If possible, store the products so that they can be easily monitored by your staff - for example, close to or behind the sales counter or, if feasible, in a locked storeroom.

6. Periodically carry out stock checks to monitor stock movement and any potential losses / thefts.

7. Periodically review your stocked products to ensure the information remains up to date.

Complying with the law

1. Identify which of your products contain regulated or reportable substances.

2. Implement a system that reminds sales staff / delivery staff or agents that a product requires a licence or extra checks, or is subject to suspicious transaction reporting.

3. Be clear with staff about suspicious behaviour (see below).

4. Make sure your staff know about the record of suspicious transactions (or other internal company record procedures) and how to report to the Home Office / Police if needed.

5. Ensure the above points are in your training manual.

6. Remind your staff about the procedures for refusing a sale.

How to recognise suspicious transactions

A suspicious transaction is any transaction or attempted transaction where there are reasonable grounds for suspecting that the product is intended for malicious purposes. Whether or not behaviour is suspicious has to be judged on a case-by-case basis. Indicators of suspicious behaviour may include when a customer:

• appears nervous or avoids communication
• attempts to purchase an unusual amount of a product or unusual combinations of products
• is not familiar with the regular use(s) of the product(s), nor with the handling instructions
• is not willing to share what they plan to use the product(s) for
• refuses alternative products or products with a lower (but for the proposed use sufficient) concentration
• insists on paying cash, especially large amounts
• 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

Regulated poisons

Regulated poisons may be sold to a member of the public only by, or under the supervision of, a registered pharmacist. If you are not a registered pharmacist, or under the supervision of one, you must refuse the sale of any regulated poison you may stock.

Note: a full list of reportable poisons is available on the GOV.UK website.

The GOV.UK website information should be regularly checked for any changes to the substance lists.

What does the supplier have to ensure is on the label?

Products containing substances above the concentration listed must be labelled with the following text:

'Acquisition, possession or use by the general public is restricted'

This is in accordance with the Poisons Act 1972.

It is the responsibility of the supplier that intends to make available restricted precursors to the general public to ensure that the restriction is clearly indicated on the packaging. This can be by affixing the appropriate label or by verifying that such a label is affixed.

One simple way to implement this requirement may be through supply chain collaboration. Commercial contracts between suppliers and retailers could be used to agree that relevant information on the presence and concentration of regulated substances is shared between suppliers and retailers.

The economic operator that packages the product prior to the product's entry into the market for the general public is best placed to affix the required label. If you supply a regulated poison or explosives precursor over the specified concentrations listed to a member of the public without this label, you will commit a criminal offence.

Most regulated products that require this labelling will also need to be labelled according to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures (known as 'CLP') due to their inherent hazardous properties.

CLP came into force on 20 January 2009 in all European Union (EU) Member States, including the UK. The EU CLP Regulation adopts the United Nations' Globally Harmonised System of Classification and Labelling of Chemicals (GHS) across all EU countries, including the UK when the UK was an EU Member State.

Post-Brexit, the EU CLP Regulation is retained in GB law and is known as GB CLP. These arrangements mean that Great Britain continues to adopt the GHS, independently of the EU.

Article 32(6) of GB CLP states that:

"Label elements resulting from the requirements provided for in other retained EU law shall be placed in the section for supplemental information on the label referred to in Article 25."

This means that, for products that fall within the scope of GB CLP, the labelling required must be placed in the section for supplemental information within the CLP label.

Before you order stock through your supply chain, check that it is properly labelled. If it is not, then you are advised not to purchase it to avoid any subsequent supply labelling offences. Take the labelling issue up with the manufacturer / importer / wholesaler. Source alternative, correctly labelled products.

More information on GB CLP can be found on the Health and Safety Executive website.

Complying with the law when selling these products

Selling in-store

Before handing over the substance:

• check the person's age using a Challenge 21 / 25 approach if the product is a corrosive and covered by the legal age restrictions in the OWA or under the voluntary commitments for retailers scheme
• if the product is a regulated poison, ensure that the sale is by, or under the supervision of, a registered pharmacist. Record the transaction as required

If the product is a regulated substance and requires an EPP licence when purchased by a member of the public:

• check that the photographic ID matches the person and that the photographic ID reference matches the ID reference on the licence's front page
• check that the product being purchased is allowed as part of the licence conditions. These will specify:
  • substance
  • concentration / intended use
  • quantity
• record the transaction details in the table on the back of the licence

Depending on your company's circumstances, you could, before the transaction for a regulated substance is completed, ask the customer to provide a scanned copy of their licence. If you require customers to register for a customer account, you could allow them to upload a scanned copy of their licence to their account record.

Selling remotely and providing delivery

The law does not prohibit online or other forms or remote sales of regulated substances to members of the public. However, you must remember that it is a criminal offence to deliver corrosive substances to a residential address or a locker.

Please see the 'Supply chain notification and training' section for more information as to the new obligations if you are making online sales to business customers.

Explosives, corrosives and poisons are Royal Mail-prohibited items and must not be sent through the post.

Licensed poisons can only be supplied to the public by a pharmacy business. Remote sale systems must ensure the sale is by, or under the supervision of, a registered pharmacist.

For remote sales, retailers must also comply with the requirements to:

• not supply regulated substances above the concentration threshold to members of the public, unless they hold an EPP licence
• verify that the member of the public holds a valid licence
• record the details of any transaction on the back of the licence
• ensure any product containing a regulated substance above the concentration threshold that is supplied to a member of the public is labelled with 'Acquisition, possession or use by the general public is restricted'
• identify and report any suspicious transactions

You must ensure that your remote sales system has robust age verification and ID / licence checks.

Online age-verification software is available that makes use of various sources of information in order to verify both age and identity during the ordering process. These checks include using the electoral register and / or credit reference agencies. There are also businesses that offer online access to electoral register information, which could be used to verify a purchaser's age.

If the product is regulated and requires an EPP licence, the system must be capable of checking that the:

• photographic ID matches the person
• photographic ID reference matches the ID reference on the front page of the licence
• product being purchased is allowed as part of the licence conditions. These will specify:
  • substance
  • concentration / intended use
  • quantity

Your delivery staff / provider will then need to physically check these same requirements. You will need to provide the delivery agent with the order amount and detail to allow these checks to be done.

Remember, even if the purchaser has a valid EPP licence, you must not deliver corrosive substances listed in the OWA to a residential address or a locker.

Your delivery staff / provider must record that these checks and requirements have all been complied with and provide this evidence to you after delivery. You should retain this evidence; no specific retention period is specified, but you should consider retaining this information for at least three years, in accordance with any data protection policies your business may have.

Your system must also include a process to identify whether the transaction is suspicious in some way or if there may be reasonable grounds to suspect that the product is intended for malicious use. For example, there may have been multiple purchases of the same chemical over a short period that cannot be easily explained or the customer is requesting unusual amounts for the stated purpose. In such cases you must report this using the online reporting tool or the anti-terror hotline 0800 789 321.

See 'Online sales of age-restricted products' for more information regarding online sales.

Collect in-store

For some retailers that also have a high street presence, purchasers could view and reserve products remotely and then collect in-store, where age verification and licence checks could be carried out by members of staff, as for a normal face-to-face transaction.

See 'Underage sales' for more information on effective age-verification procedures.

Supply chain notification and training

Since 1 October 2023, businesses supplying regulated and reportable substances to other businesses have been required to inform them that the products they are purchasing are regulated or reportable under the Poisons Act 1972.

To comply with these measures, it is understood that different methods will need to be employed dependent on the specific environment of the supplier and customer base. Businesses should ensure they have a process in place that provides those in the supply chain with an awareness of their obligations under the Poisons Act when that product is sold on.

Consideration should be given to implementing one of the following methods of notification:

• notification flag when making an order
• separate email notification when a purchase is made
• providing notices on shipping information (invoices)
• providing a separate information note with deliveries

This is not a prescriptive list and businesses should utilise methods of notification that will work for their business within the environment in which they operate.

Online marketplaces have new obligations to take all reasonably practicable measures to provide information to any supplier that uses the online marketplace to sell regulated or reportable substances about their obligations, and to identify and report any suspicious transactions.

Businesses supplying any substances to professional users or members of the public must also ensure and be able to demonstrate that its staff are aware which of its products contain listed substances and are instructed on obligations and the potential offences that apply.

Enforcement

Non-compliance with the law is a criminal offence. The Police are responsible for enforcing the regime for explosives precursors and poisons. The General Pharmaceutical Council continue to have a role in inspecting pharmacies and associated pharmacy premises. Trading Standards officers enforce the laws on age-restricted corrosive products and their supply, as well as product labelling.

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