The Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003

Supply of relevant ammonium nitrate material

5.—(1) Subject to regulation 7 and 10, no person shall supply relevant ammonium nitrate material unless—

(a) he complies with the requirements of paragraphs (2) to (7), as qualified by paragraph (8), of this regulation, and

(b) if the material is imported, either—

(i) it has been imported in accordance with regulation 4 without reliance on regulation 4 (2) (c) (ii), or

(ii) it has been so imported in reliance on that provision and has a detonation resistance certificate relating to it on the basis of a representative sample taken by a sampling body after the arrival of the material into Great Britain.

(2) If he has imported relevant ammonium nitrate material from outside the European Union and any anticipated particular in any identification document sent in accordance with regulation 4(2)(d)(ii) relating to the material has turned out to be inaccurate, he must, before supplying any of the material to which the document relates to any person, send an updated version of the identification document to the Secretary of State for Environment, Food and Rural Affairs, at the address or by the electronic communication referred to in regulation 4(2)(d), correcting each inaccuracy in its earlier version.

(3) He must ensure that—

(a) in the case of a whole batch, he is in possession of a valid detonation resistance certificate relating to that batch, and

(b) in the case of a tested part of a batch, he is in possession of a unique numbered copy of a valid detonation resistance certificate relating to that part,

and that, where the material has been imported from outside the European Union, he has in his possession an identification document relating to it and a copy of any updated version of that document sent under paragraph (2).

(4) He must not supply relevant ammonium nitrate material where it is apparent that the material is contaminated or is in such poor condition that it might reasonably be expected to fail a detonation resistance test.

(5) When he supplies relevant ammonium nitrate material—

(a) if a person is supplied by him with either—

(i) a whole batch of that material, or

(ii) a part of a batch which has already been divided into parts before it came under his control,

he must ensure that the batch or part batch is accompanied by either a detonation resistance certificate or unique numbered copy detonation resistance certificate relating to it, and

(b) if a batch or part batch is divided by him into new parts, he must ensure that each such new part is accompanied by a unique numbered copy detonation resistance certificate issued by him and relating to that new part.

(6) Where he divides a batch or part batch into parts in accordance with paragraph (5)(b) for the purpose of supply he must record—

(a) details of any unique numbered copy detonation resistance certificates issued by him,

(b) the quantity of material supplied with each such unique numbered copy, and

(c) the persons to whom such unique numbered copies are given.

(7) When he supplies relevant ammonium nitrate material he must ensure that each batch or part batch is kept separate, and that each detonation resistance certificate or unique numbered copy relating to that batch or part batch clearly identifies the material to which it relates.

(8) The requirements of paragraphs (5) to (7) shall not apply to the supply of relevant ammonium nitrate material to a final user for use as a fertiliser in packaged form.

(9) A person who supplies relevant ammonium nitrate material must keep for a period of two years after the date of the supply a record of the details of the relevant ammonium nitrate material supplied by him with details of—

(a) any batch or new part batch which he has supplied,

(b) any detonation resistance certificate or unique numbered copy detonation resistance certificate which he has supplied (supported by copies of all of them), and

(c) any identification document, if applicable, and any updated version of such a document, if applicable, relating to that material or any of it (supported by copies of all of them).