Explosives Precursor & Poisons (EPP) Regulations
Information is provided below in relation to the regulation and legislation for the selling of sulphuric acid (motorcycle battery acid packs) to both Consumers (B2C) and Business-to-Business (B2B).
BATTERIES REGULATION CHANGE - CONSUMERS
All batteries must be filled by the retailer before being sold to a member of the public in the UK who does not possess a valid EPP licence.
This change came into effect July 1st 2018.
From the 1st July 2018 it will become an offence to supply an unfilled battery sold with an acid pack to members of the public without verifying that the person has a valid EPP licence.
Only members of the public with a valid EPP licence are allowed to purchase, acquire or possess unfilled batteries with separate acid packs. The retailer must inspect the licence along with the forms of identification specified by the licence.
This does not affect business-to-business selling, so trade sales to other businesses can continue without an EPP license or pre-filling.
If the battery is to be sold unfilled with an acid pack, it is the retailer’s responsibility to check for a valid EPP licence, attach an appropriate warning label and report any suspicious activity. Failure to do so could result in prosecution, a fine and up to 2 years in prison.
What battery products are affected?
The new regulations affect all battery products where acid is supplied in a bottle alongside the battery for the customer to self-activate. It also affects separate electrolyte bottles. Bickers will attempt to add a notice to any battery products that are affected by this regulation, but ultimately it is the responsibility of the seller to the end consumer to enforce this regulation.
EPP licencing is not required for batteries that are supplied with the acid already inside. These are exempt as a filled battery is classified as ‘specific object’.
An EPP license is also not required if selling business-to-business.
How does this affect distributors and dealers?
Distributors and dealers will not need an EPP licence providing they are acquiring, importing, possessing or using sulphuric acid for purposes connected with their trade or business, although they may be asked to provide evidence of this and explain the intended use of the chemicals.
Business-to-Business (B2B)
This affects Bickers Trade customers.
Background
The legislation for sulphuric acid reclassification to a regulated substance took effect on July 1st, 2018. B2C customers (end users) who wished to acquire, possess, or use sulphuric acid above a 15% concentration were required to obtain an EPP (Explosives Precursors and Poisons) Licence. Failure to possess a valid EPP licence while buying or possessing an unfilled motorcycle battery with a separate electrolyte bottle, which contained sulphuric acid above 15% concentration, constituted an offence.
The government reclassified sulphuric acid as an explosive precursor. This aimed to curb its potential misuse in illicit explosives manufacturing, highlighting efforts to enhance security while considering legitimate industrial uses and promoting responsible chemical management. The reclassification affected all Bickers’ supplied battery products where acid is supplied in a bottle alongside the battery for the customer to self-activate. It also affected separate electrolyte bottles.
EPP licencing is not required for batteries that are supplied with the acid already inside. These are exempt as a filled battery is classified as ‘specific object’.
The exemption is provided by new paragraph 2 (9) (b) of the Poisons Act 1972: A substance or mixture is excluded if … it is contained in a specific object.
What’s changing?
Professional users: From 1 October 2023 businesses supplying regulated explosives precursors to professional users and other businesses (those who don’t need a licence) will need to take additional steps to verify the legitimacy of the professional user or business. The seller 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; and 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: passport, driving licence, trade identification card, business ID card. This list is not exhaustive. For a full overview of the regulatory changes and other resources, see this link: https://www.gov.uk/government/publications/supplying-explosives-precursors/supplying-explosives-precursorsand-poison
What happens next?
This communication is relevant to all Bickers customers who purchase sulphuric acid packs, either separately or included with dry motorcycle batteries. To ensure the continuity of supply please support this requirement by
sending the relevant information to our sales inbox ([email protected]), in the format detailed below.
| Business name & Address | Nature of Business | Authorised Individual Name | Photographic ID | VAT registration number (if applicable) |
| XYZ Motorcycles Carr Road Felixstowe IP11 3RX |
Sale of automotive and motorcycle & ATV replacement parts | Joe Bloggs | A scanned copy of either of the following:
|
GB123456789 |
We request that all submissions be completed by 31st May 2024. In line with the legislation, Bickers will store this data for a period of no less than 18 months and make it available to authorities on request.