Product Sales and Delivery / Merchanting

M1 Product sales

M1.1

Clause

Requirement

Guidance

M1.1

The Company must have in place a system to control the sales of fertilisers and explosive precursors and demonstrate that it takes adequate and reasonable precautions to ensure products are being purchased for bona fide purposes. [R]

                                        
M1.2

Clause

Requirement

Guidance

M1.2

Sales of all fertilisers of 16% N and above shall be to account holding customers. In the case of sales of all other fertilisers, the customer must either be an account holder or be required to provide proof of identity which shall be recorded by the Company. [R]

Where fertilisers that are below 16% N are sold to non-account holding customers then the Company needs to get proof of identity such as passport, driving licence and record the name and address against the sale.

M1.3

Clause

Requirement

Guidance

M1.3

Sales of fertiliser must only be made to merchant customers who are FIAS Certificated or are approved as per Clause G16.

 

M1.4

Clause

Requirement

Guidance

M1.4

The Company must have systems in place to ensure that non-FIAS certificated Merchants are not able to purchase fertiliser unless audited as per Clause G16.

 

M1.5

Clause

Requirement

Guidance

M1.5

The Company shall keep records of all customers and product sales. [R]

 

M1.6

Clause

Requirement

Guidance

M1.6

The Company shall evaluate suspicious or unusual requests to purchase fertiliser and explosive precursors and report these to the authorities. [R]
It is mandatory to report suspicious activities relating to fertilisers containing:

  • Ammonium Nitrate (>16%N)
  • Potassium Nitrate
  • Sodium Nitrate
  • Calcium Nitrate
  • Calcium Ammonium Nitrate

Together with other substances listed in the Poisons Act 1972 (Explosive Precursors) legislation.

Unusual or suspicious requests may include, but are not limited to: 

  • Identity – New customer or identity unknown, failure to provide identity documents if requested or of a nervous or evasive nature.
  • Order – Reluctance to supply a written order or a client with no obvious need for the product or displaying a lack of agricultural knowledge.
  • Payment – Cash payment offered, refusal to pay by credit/debit card or bank account, or a readiness to pay or offer a higher price (i.e. ‘money is no problem’)
  • Use – Unable to explain the intended use, unwilling to accept suggested alternatives or substitutes.
  • Quantity – Is the amount ordered proportionate to the needs and intended end use? Unusually small or large orders. Not familiar with the handling instructions.
  • Delivery address - Not linked to the client or does not appear to be an agriculturally based location. Suspicious activity and reporting forms may be accessed here: www.gov.uk/government/publications/rec ord-of-suspicious-transactions
    Email:[email protected]
    See Appendix 5 Contact details for the Anti-Terrorist Hotline. Tel 0800 789321
M1.7

Clause

Requirement

Guidance

M1.7

The Company shall ensure that all customer order requirements are fully understood and that systems are in place to satisfy all these requirements. [R]

 

M1.8

Clause

Requirement

Guidance

M1.8

The Company shall make available to end user customers the “NaCTSO Fertiliser Security Five Point Plan”.

The NaCTSO plan has been endorsed by FIAS and partner agencies and provides end users with security guidance. See: https://www.protectuk.police.uk/advice-and-guidance/security/secure-your-fertiliser

M1.9

Clause

Requirement

Guidance

M1.9

Any on-line sales of fertilisers by the Company must meet FIAS requirements.

Refer to: AIC guidance for sales of fertilisers products on-line

M2 Sales representatives and agents

M2.1

Clause

Requirement

Guidance

M2.1

Where the Company uses sales representatives that are not employed by the Company, they shall be required to operate under the Company’s procedures and systems.

A record of training given to non- employed sales representatives must be kept. [R]

 

M2.2

Clause

Requirement

Guidance

M2.2

Where an agent/broker facilitates sales of fertiliser for the Company, the agent must be made aware of their responsibilities to report suspicious activity. [R]

See section M1.6 above for FIAS requirements. Refer to Appendix 3: Definition of agent/ broker

M3 Product advice

M3.1

Clause

Requirement

Guidance

M3.1

The Company shall ensure that all fertiliser related agronomic or usage advice to the customer is provided by a current FACTS Qualified Adviser.

The Company must be able to demonstrate that all its FACTS Qualified Advisers are up-to-date in their knowledge with current Membership of the BASIS Professional Register.

FACTS Qualified Advisers are issued with annual ID cards as confirmation of their qualified status. An adviser’s status may be also be confirmed by contacting BASIS on 01335 340858 or [email protected]

M4 Product delivery

M4.1

Clause

Requirement

Guidance

M4.1

Where the Company arranges for the delivery of fertiliser to the customer using a third party haulier, the haulier shall be FIAS certified or a contractor approved as per Clause G16. [R]

 

M4.2

Clause

Requirement

Guidance

M4.2

The Company shall inform the haulier of their requirements at the time of requesting the transport services. These shall include:

  • unique collection reference no.
  • collection address
  • Dangerous Goods description as appropriate
  • product description
  • quantity
  • full name, delivery address and contact telephone number

The Company needs to inform the haulier at the time of the order what he is expected to carry.

This enables the haulier to take into account the necessary qualifications of the driver, type of vehicle required and the compatibility of other materials that may be carried.

M4.3

Clause

Requirement

Guidance

M4.3

Where fertiliser classified as dangerous goods is to be consigned for delivery from a location operated by a 3rd party, the owner of the goods must provide the 3rd party consignor with all the information requirements specified in ADR 5.4.1.

 

M4.4

Clause

Requirement

Guidance

M4.4

Where fertiliser classified as dangerous goods is to be consigned for delivery from a location operated by a 3rd party, the owner of the goods must either provide, or verify that the 3rd party provides, compliant documentation to collecting hauliers, in accordance with M4.3. [R]

 

M4.5

Clause

Requirement

Guidance

M4.5

For reasons of safety and traceability, every effort should be made to persuade the receiver to unload product in packaging appearing to be damaged. Where this is not achieved the destination of damaged or rejected product must be agreed between the supplier and the haulier undertaking the delivery.

 

M5 Product incompatibility

M5.1

Clause

Requirement

Guidance

M5.1

The consignor shall confirm that ammonium nitrate based fertilisers are not loaded as part loads with incompatible materials such as combustible materials or acids.

Refer to AIC Guide for the Storage, Handling and Transportation of Ammonium Nitrate Based Fertilisers 2015