A Guide to ‘Acid Pack’ Legislation

A Guide to ‘Acid Pack’ Legislation
Photo Credit To AdobeStock.com/Rawf18

Since July 1st, distributors are no longer able to sell motorbike batteries that come with a separate acid pack in a B2C transaction. The sale is only permitted if the consumer gets an EPP (explosives precursors and poisons) licence, but few are expected to do so.

Businesses have two choices in response to the legislation, explained Exide. They can buy ‘factory sealed’ batteries, such as Exide AGM Ready and Exide Gel, and not worry about the new changes. Or they can continue to buy unfilled batteries, such as Exide Conventional, and handle the acid filling on the consumer’s behalf.

Exide’s sealed range provides best-in- class performance. Exide AGM Ready offers excellent electrical performance, high vibration resistance and extended cycle life, while Exide Gel offers a maintenance-free design, deep discharge protection, and can easily handle power- hungry electrical equipment.

The legislative changes affect both online and bricks-and-mortar distributors. They took effect from July 1st, and are a result of reclassifying sulphuric acid from a ‘reportable’ to a ‘regulated’ substance under the Poisons Act 1972. Business-to- business transactions are outside the EPP licensing requirements.

Exide invites all its customers who are affected by these changes, whether existing or not, to call 0845 450 2400 and request a free information pack. This includes a detailed FAQ to help you minimise the impact on your business and stay on the right side of the law.

How this affects B2B

Business to business transactions are outside of the EPP licensing requirements providing they are acquiring, importing, possessing or using sulphuric acid as part Exide Technologies, the global provider of stored energy solutions, has issued guidance to motorbike battery distributors on the new ‘acid pack’ legislation.

of their trade, business or profession. It should be noted that such businesses may be asked to show evidence of their business, trade or profession and explain their intended use of the chemical.

However, there is a duty under the Act for businesses (both B2B and B2C) to report the significant disappearances and thefts of sulphuric acid that cannot be easily explained to the police on 101.

Labelling of regulated substances

A warning label clearly indicating that it is an offence for members of the public to acquire, possess or use the substance without an EPP licence must be affixed to the packaging. The seller is responsible for ensuring that the motorcycle battery and acid pack packaging are labelled with the following text: ‘Acquisition, possession or use by the general public is restricted’, before selling the product.

Penalties for non-compliance with the new legislation

The penalties for businesses supplying sulphuric acid above 15% without verifying that a member of public has a valid EPP licence can be a custodial sentence of up to two years and/or a fine.

Businesses which fail to enter the sale transaction details onto the EPP licence may be fined. Failure by a business to supply or sell a regulated substance to a consumer without first ensuring that a warning label is affixed to the packaging in which the regulated substance is supplied may be fined.

Failure by a business to report suspicious transactions or significant disappearances or thefts has a penalty of a custodial sentence of up to three months and/or a fine.

For more information on the changes to ‘acid pack’ legislation, click here. 

Related posts