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

2003 No. 1082

HEALTH AND SAFETY

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

Made 9th April 2003

Laid before Parliament 10th April 2003

Coming into force 1st May 2003

The Secretary of State in exercise of the powers conferred upon her by sections 15(1), (2), (3), (5) and (6), 18(2), 20(3) and 82(3)(a) of, and paragraphs 1(1)(b), 1(4), 2(1), 15(1) and (2) and 16 of Schedule 3 to, the Health and Safety at Work etc Act 19741, following consultation with the Health and Safety Commission and other bodies as appeared to her to be appropriate in accordance with section 50(1) of that Act, hereby makes the following Regulations:

S-1 Title, commencement and extent

Title, commencement and extent

1. These Regulations may be cited as the Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003, extend to Great Britain and come into force on 1st May 2003.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations “relevant ammonium nitrate material” means—

(a)

(a) ammonium nitrate in solid form, where its nitrogen content is more than 28% of its weight,

(b)

(b) material in solid form, comprising a mixture of components, one of which is ammonium nitrate, in circumstances where the nitrogen content derived from ammonium nitrate is more than 28% of the material by weight, and

(c)

(c) for so long as any material is treated as relevant ammonium nitrate material by virtue of regulation 9(3), that material,

where the material has a total weight of five hundred kilogrammes or more, but does not include material which is a classified explosive.

(2) In these Regulations—

“batch” means—

(a) in relation to relevant ammonium nitrate material which is neither imported from outside the European Union nor material which is or has been kept in accordance with regulation 7—

(i) the quantity of that material manufactured in a production run without alteration of composition or characteristics, or

(ii) in the case where such a production run lasts for more than 92 days, the quantity of the material manufactured—

(aa) in the first 92 day period of the run,

(bb) in each subsequent 92 day period of the run, and

(cc) in any part of the production run after the final such 92 day period;

(b) in the case of relevant ammonium nitrate material which is imported from outside the European Union and is not and has not been kept in accordance with regulation 7, any quantity of that material consigned to a single importer which is sufficiently homogenous that a 25 kilogramme sample, taken by or in the presence of a sampling body for the purpose of a detonation resistance test, can be regarded as representative of that material; and

(c) in the case of material which is or has been kept in accordance with regulation 7, the quantity contained in a type of that material as therein described;

“classified explosive” means anything which has been assigned to class 1 in accordance with the Classification and Labelling of Explosives Regulations 19832;

“competent laboratory”—

(a) means a laboratory which has an accreditation under standard ISO 17025 (general requirements for the competence of testing and calibration laboratories) of the International Organisation for Standardisation3, is based in the European Union, has sufficient equipment, facilities and expertise to conduct a detonation resistance test and is independent from any person having an interest in the outcome of such test, and

(b) before expiry of the transitional stage also includes a laboratory which has applied for such an accreditation, is awaiting the outcome of its application and otherwise falls within sub-paragraph (a);

“detonation resistance certificate” means the original or a guaranteed copy of a certificate issued by a competent laboratory in the English language relating to a detonation resistance test of a sample of relevant ammonium nitrate material which confirms that the tested sample is resistant to detonation as specified and contains at least the other particulars set out in Schedule 1, and such a certificate is valid so long as it is not treated as invalid in consequence of regulation 8;

“detonation resistance test” means a test carried out by a competent laboratory in accordance with Schedule 2;

“guaranteed copy”, in relation to a detonation resistance certificate, means a copy, certified as a true copy of the original by a person who also certifies that he has no interest in the outcome of the detonation resistance test on which the detonation resistance certificate is based;

“identification document” means a document in the English language which contains at least the particulars set out in Schedule 3;

“production run” means a continuous production run except where—

(a) the material produced in the run is—

(i) of the same type,

(ii) of a loose bulk density—

(aa) which throughout the run does not fall below the density of any sample from it which is subjected to a detonation resistance test by or on behalf of its manufacturer, or

(bb) which throughout the run does not fall below a density of 920 kilogrammes per cubic metre, and

(iii) produced and intended to be marketed as a fertiliser, and

(b) the production process is—

(i) certified under standard ISO 9001 (quality management system requirements) of the International Organisation for Standardisation4, or

(ii) before the expiry of the transitional stage, either so certified or in the process of an application for such certification,

in which case it also includes an interrupted production run;

“sampling body” means a body which is accredited under standard ISO 17020 (general criteria for the operation of various types of bodies performing inspection) or ISO 17025 (general requirements for the competence of testing and calibration laboratories) of the International Organisation for Standardisation5, and—

(a) is not an importer, manufacturer or supplier of relevant ammonium nitrate material,

(b) is independent of any person with an interest in manufacture of or trading in any such material, and

(c) has sufficient equipment, facilities and expertise to certify reliably that a sample of relevant ammonium nitrate material of the same specification that has been subjected to a detonation resistance test has been taken from an identifiable batch and is representative of that batch; and

“unique numbered copy”, in relation to a detonation resistance certificate, means a copy of the certificate or of an existing unique numbered copy of the certificate, given by a person supplying relevant ammonium nitrate material to a person who takes delivery of a part or a subdivided part of a batch, to which the supplier has added a unique number and details to indicate the quantity of relevant ammonium nitrate material that is being supplied with that copy.

(3) For the purposes of these Regulations—

(a)

(a) a detonation resistance certificate shall be treated as relating to a batch or part batch if it is based on a detonation resistance test carried out on a sample certified by a sampling body as being representative of the batch or part batch;

(b)

(b) a sample shall be treated as failing a detonation resistance test if the result of the test is that the sample is capable of detonation under the circumstances of such a test; and

(c)

(c) the transitional stage expires at the start of the 60th day following the day on which these Regulations come into force.

S-3 Manufacture of relevant ammonium nitrate material

Manufacture of relevant ammonium nitrate material

3.—(1) Subject to regulation 10, no person shall manufacture relevant ammonium nitrate material, unless he maintains arrangements in place to ensure that the requirements of paragraphs (2) to (4) are satisfied.

(2) A sample certified as being a representative sample by a sampling body from each batch of manufactured relevant ammonium nitrate material must be subjected to a detonation resistance test during or as soon as reasonably practicable after manufacture.

(3) Where a representative sample fails a detonation resistance test, or the detonation resistance certificate relating to it ceases to be valid, the manufacturer must—

(a)

(a) as soon as practicable notify the enforcing authority and the Executive of that fact (save to the extent that that fact is within their knowledge), of the measures he will take—

(i) to blend the batch with other suitable material so that the resultant material is not relevant ammonium nitrate material and that the risk of detonation is reduced to an insignificant level,

(ii) otherwise to reduce the risk of detonation of the batch of relevant ammonium nitrate material concerned to an insignificant level, or

(iii) to have another sample taken by a sampling body and subjected to a detonation resistance test,

and of the period within which he will take them; and

(b)

(b) take those measures within that period or, where any notice has been served by the enforcing authority on the manufacturer requiring alternative measures, a shorter period or both, comply with the requirements in the enforcing authority’s notice.

(4) The manufacturer must ensure that each batch of the material is kept separate and that the detonation resistance certificate clearly identifies the batch to which it relates.

(5) Any person who manufactures relevant ammonium nitrate material must retain a detonation resistance certificate relating to each batch and keep a record of the details of the manufacture and disposal of the batch for a period of two years after the last date of disposal of relevant ammonium nitrate material from the batch.

S-4 Import of relevant ammonium nitrate material

Import of relevant ammonium nitrate material

4.—(1) Relevant ammonium nitrate material, subject to regulation 10, shall not be imported into Great Britain from within the European Union unless it is accompanied by a detonation resistance certificate relating to a sample certified as being a...

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