Sales of Intoxicating Substances (Solvents)

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• Intoxicating Substances (Supply) Act 1985
• The Cigarette Lighter Refill (Safety) Regulations 1999

Solvent abuse is the inhaling (sniffing) of fumes given off by a wide range of solvent based products, cigarette lighter refills and aerosols.

It is an offence to supply or offer to supply any intoxicating substances to a person under the age of 18 where the shopkeeper may reasonably believe that the product will be used for intoxication.

It is also an offence to supply butane gas i.e. cigarette lighter refills containing butane to any person under the age of 18. This is irrespective to whether the seller knew or suspected it was likely to be abused.

Penalty

The penalty for breaking this law or the Intoxicating Substances (Supply) Act 1985 is a maximum fine of £5000 or up to 6 months in prison or both.

Here is a list of the most commonly abused products which are classed as solvents:

Dangers

All products can be dangerous if they are misused. A national register of solvent-related deaths recorded 47 deaths associated with volatile substance abuse in 2004. This number shows a small decline from previous years with an average of 61 deaths for the years 1999 - 2004. Butane gas cigarette lighter refills in 2001 were linked to 66% of all volatile solvent abuse deaths with under-18 year olds accounting for 36% of these deaths. This doesn't mean that other products, such as aerosols and adhesives are less dangerous. If the retailer is in any doubt about the intended use of the product - the sale should be refused.

How can you recognize if someone is an abuser?

• the smell of glue or solvents on the person's clothes
• slurred speech or behaviour similar to drunkenness
• the frequent purchase or bulk purchase of solvents by a customer
• the purchase of plastic bags and solvents at the same time

What you can do:

The law requires you to take 'all reasonable precautions' not to sell to under 18's.

• You can move affected products to the till area so that more control is possible.
• Display signs around your premises so that customers are aware of the law and the shop's position. Stickers are available from Re-Solv on 0808 800 2345.
• You can alert your staff to under age sales and train them. You and your staff must know the law and feel confident in refusing sales if they know or suspect the product is going to be abused.
• Consider keeping a refusals log book to record any refusals you or your staff make, not only for solvents but any age restricted products.
• Ask for age identification, and check it. Normally accepted forms of identification are:
  
  
  • A Passport (www.ukpa.gov.uk)
  • A Photo Driving Licence (www.dvla.gov.uk) or Local Post Office
  • A Citizencard Tel: 01782 741982 (www.citizencard.com)
  • A Validate Card 01830 540403 (www.validateuk.co.uk)
  • A Connexions Card - These cards are no longer being issued, those that are in date are still valid.
  • A 'Prove it' Portman Card - These cards are no longer being issued, those that are in date are still valid

More information on solvents can be found at:

• http://www.talktofrank.com/
• www.neb.org.uk/solvent.htm
• www.re-solv.org
• http://www.ncb.org

This advice is designed to provide basic guidance to traders. It is not a complete or authoritative statement of the law. For further assistance on this or any other Trading Standards legislation, please contact your nearest office. We will be pleased to offer this information in larger print or translated into any language on request.

B/Sol/119/03 Oct 03