Guidance

Supplying explosives precursors and poisons

Updated 8 August 2024

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Certain chemicals can be used in the illicit manufacture of explosives or to cause harm. These are called explosives precursors and poisons.

The Poisons Act 1972 sets out the legal obligations in relation to the sale, purchase, and use of these chemicals for suppliers, professional users, and members of the public.

There are different rules for selling:

• regulated explosives precursors
• regulated poisons
• reportable explosives precursors and poisons

Check the list of chemicals.

You must report any disappearance, theft or suspicious transaction involving any of the chemicals on this list.

1. Reporting a disappearance, theft or suspicious transaction

You are legally required to report anything suspicious if you or your business:

• sell regulated or reportable explosives precursors
• use, possess, import or acquire regulated or reportable chemicals for business or professional purposes
• have an explosives precursors and poisons (EPP) licence

You must report suspicious chemical activity within 24 hours of when you find out:

• there was a suspicious transaction or attempted transaction
• a significant amount of chemicals have been lost or stolen

A transaction or attempted transaction could be suspicious if the customer:

• is not your regular type of customer
• appears nervous, or avoids talking to you
• tries to buy an unusual amount of a product
• tries to buy a strange combination of products
• is unfamiliar with the product’s handling instructions
• refuses to buy a lower concentration product
• does not want to tell you what they are using the product for
• insists on paying in cash
• does not want to provide ID or their home address
• asks for unusual packing or delivery methods

There are other reasons it may be suspicious. If you’re not sure, report it.

1.1 Reporting a non-compliant business

If you think a business is not following the rules correctly, use this form to report a concern to the Home Office. We can give them help and advice.

If you suspect a business is breaking the law, report a crime immediately.

2. Selling regulated explosives precursors

You must label products containing regulated explosives precursors. Check the labelling requirements.

2.1 Selling to members of the public

You can only sell regulated explosives precursors to people with an EPP licence.

You must:

1. Ask to see their EPP licence and photo ID.
2. Check the photo matches the customer.
3. Check the photo ID reference matches the ID reference on the front page of the licence.
4. Check the substance, concentration and volume they’re buying is allowed in the licence conditions.
5. Record the transaction details in the table on the back of the licence.

You can read a guide to checking an EPP licence and recording transactions.

If something is not right, refuse the sale and report suspicious chemical activity.

2.2 Selling to businesses and professional users

A business customer or professional user is someone who is acquiring substances for purposes connected with their trade, business or profession.

Businesses and professional users do not need an EPP licence to buy regulated explosives precursors, if they are going to be used as part of their business or profession.

You must:

1. Record their name and address – if it’s a business, you need the name and address of a person authorised to buy substances for the business.
2. Check their photo ID – for example, passport, driving licence, trade ID card or business ID card.
3. Get a statement of the customer’s trade, business, profession, or public function the business customer performs.
4. Record the customer’s VAT registration number, if they have one.
5. Assess whether the substance is consistent with the business or profession – if you’re not sure, refuse the sale and report suspicious chemical activity within 24 hours.

You do not need to do these in person. For example, the customer can send a photo of their photo ID.

You must keep this information for 18 months.

You must tell the customer that the substance they’re buying is regulated or reportable under the Poisons Act. You can do this by:

• emailing them
• putting it on the invoice
• adding a note to the delivery
• another method that’s appropriate for their business

Routine customers

If a business customer buys the same products routinely, you do not need to check their details every time. Check every 18 months.

If something changes – for example, the substance they buy or the quantity – check their details again.

Get help

For advice on selling to business customers, contact [email protected].

3. Selling regulated poisons

You must label products containing regulated poisons. Check the labelling requirements.

3.1 Selling to members of the public

You must be a registered pharmacist or operating under the registered pharmacist’s supervision to sell regulated poisons. If you are not, refuse the sale.

You can only sell regulated poisons to people with an EPP licence.

You must:

1. Ask to see their EPP licence and photo ID.
2. Check the photo matches the customer.
3. Check the photo ID reference matches the ID reference on the front page of the licence.
4. Check the substance, concentration and volume they’re buying is allowed in the licence conditions.
5. Record the transaction details in the table on the back of the licence.
6. Record the transaction details in your poisons register.

If something is not right, refuse the sale and report suspicious chemical activity.

3.2 Selling to businesses and professional users

Businesses and professional users do not need a licence or a business justification to buy a regulated poison, if it’s going to be used as part of their business or profession.

You must still report suspicious chemical activity.

4. Selling reportable explosives precursors and poisons

Customers do not need an EPP licence or a business justification to buy reportable explosives precursors and poisons.

You must still report suspicious chemical activity.

5. Online marketplaces

Online marketplaces must identify and report any suspicious transactions on their platform.

In addition, they must tell anyone selling chemicals on their platform:

• the rules for selling explosives precursors and poisons
• how to identify and report suspicious transactions

6. Training your employees

As a business, you must be able to demonstrate that your employees know what to do, and that you have processes and policies in place to help them.

This checklist may help you train your employees:

1. Label products containing regulated explosives precursors or regulated poisons – check the labelling requirements.
2. Implement a system that tells employees at the point of sale when a product requires a licence, extra checks, or is subject to suspicious transaction reporting.
3. Train your employees in checking customers and recording transactions.
4. Tell your employees what suspicious behaviour looks like, how to tell a manager about it, and how to report suspicious chemical activity.
5. Train your employees in refusing a sale.
6. Add these points to your training manual.

You can use these resources from ProtectUK in your training, and to display in staff areas:

• video: selling chemicals responsibly
• leaflet and posters

7. 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 import, acquire, 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