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Written question asked by Baroness Kennedy of Cradley (Labour) on Wednesday, 14 February 2024, in the House of Lords. It was due for an answer on Wednesday, 28 February 2024. It was answered by Lord Douglas-Miller (Conservative) on Friday, 23 February 2024 on behalf of the Department for Environment, Food and Rural Affairs.


Fertilisers: Sales

Question

To ask His Majesty's Government what steps they are taking to ensure that ammonium nitrate, calcium ammonium nitrate and potassium nitrate are sold securely for lawful purposes.

Answer

The Control of Poisons and Explosives Precursors Regulations 2023 introduced new substances to the lists of regulated explosives precursors and poisons including the acquisition, importation, supply, possession and use of ammonium nitrate above 16% nitrogen. From 1 October 2023 businesses supplying ammonium nitrate above 16% nitrogen to business customers need to take additional steps to verify the legitimacy of the professional user or business. They must now obtain a form of photographic identification as well as the business name and address, a statement of the nature of their trade and their VAT registration number. This information must be recorded and retained for 18 months and available for inspection. Ammonium nitrate is listed as a regulated explosives precursor meaning a member of the public is only able to import, acquire possess or use the substance with a valid Explosives Precursors and Poisons Licence. Calcium ammonium nitrate and potassium nitrate are listed as reportable explosives precursors under the Poisons Act 1972 meaning a business selling these substances must report any potential suspicious transactions within 24 hours.

The Fertiliser Industry Assurance Scheme (FIAS) controls the supply and distribution of AN in GB. The Agricultural Industries Confederation (AIC) manages the development and implementation of the scheme under the supervision of the FIAS Steering Group.

In GB, should any products contain more than 28% by weight of ammonium nitrate, then they should also meet the requirements of The Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003.

In Northern Ireland, the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 are in operation. Under these regulations, ammonium nitrate is classified as a tier 1 substance, and therefore requires a licence for supply, acquisition, possession, use or import into Northern Ireland. Individuals who hold a tier 1 substance licence must complete a record of each acquisition, supply or import into Northern Ireland. Individuals with a license have obligations towards keeping records and obtaining police consent for transactions over a certain weight or measure.


Secondary information

Type
Written question
Reference
HL2486
Session
2023-24
Subjects
Fertilisers Sales Nitrates
Link
View this Written question on www.parliament.uk