London Trading Standards mothballs and banned chemicals investigation In this feature l toxic biocides l online sales l partnership approach Closet killers When a routine internet search found products containing banned chemicals being sold online, Iain Bailey turned to old friends to take action B ack in 2013, while browsing local shops during my lunch break, some packets of mothballs caught my eye. This chance discovery led to me tackling a new subject area the sale of products containing banned chemicals such asnaphthalene and taking a holistic approach to whatturned out to be a national investigation. This was reported intheFebruary 2014 issue of TS Today and I was pleased with the positive results achieved by working in partnership with different agencies and teams. Ive recently moved to a smaller authority where the cuts to budgets means we have to focus our resources on fewer key priorities, based on an intelligence-led operating model. This includes carrying out regular, focused online checks on items offered for sale within our borough, using both keyword searches and proximity-search facilities on sites such as eBay. Despite all the work in 2013, it was of little surprise to me but still makINg a DIFFErENCE IN a disappointing that a recent internet WorLD oF CuT baCkS trawl through e-marketplaces found a There are times when those of us in the world of large number of banned biocides in items regulatory services feel that we are fighting a losing such a mothballs being sold and actively battle. For colleagues in trading standards, the sought out by consumers. Alongside past few years have been turbulent, with restructures sellers within my own borough, I found and budget cuts seeing a dramatic drop in staffing numerous others across London and the levels, and an associated loss of experience and rest of the UK. expertise. Item listings included key words such Market surveillance particularly for product safety has been the subject of increased publicity, as old-fashioned naphthalene mothballs both positive (hoverboards) and negative (tumble that should have been automatically driers). Subscriptions to online legal information flagged as inappropriate because they resources, and resources such as EN BS Standards had been brought to the attention of eBay alongside access to communication tools, such as and Amazon back in 2013. Some sellers TS Interlink are being cut as cost-saving measures. appeared deliberately to avoid putting Even basics, such as evidence storage and trigger keywords such as naphthalene disposal, as well as prosecution costs, are now in the listing itself, using instead phrases subject to review, cuts and a gateway challenge, like oId-fashioned mothballs, hard to get. where the case can be rejected at a further review Of equal concern were the five-star stage because of budget presssures, even if it meets reviews from purchasers celebrating the required criteria for crown prosecutors. Alongside these fundamental issues, we now being able to obtain these highly toxic face an uncertain post-Brexit future. How this and banned products: At last you can will affect the marketplace, and the rules and getdecent mothballs again!, and regulations we are tasked to enforce, remains Worksbrilliantly, but stunk my letterbox to be seen. out, were among the most startling It is therefore understandable why some areas review quotes. may be overlooked, possibly because they are Alongside naphthalene, I also found seen as complex, or too difficult. adverts for products where the active All is not lost, however. By making use of the ingredient was listed as camphor (also existing structures, such as regional groups, labelled as campher). the Primary Authority system, and newer online Not being a chemist, I once again resources like the knowledge Hub and with the help and assistance of colleagues who, around the found myself seeking the expertise and country, continue to excel under immense pressures assistance of the Health and Safety it is still possible to make significant product safety Executive Chemicals Regulation Divisions interventions. It also doesnt hurt to send out the odd (CRD) compliance team, which had tweet. assisted with the investigation back in Remember: dont be afraid to look out for the 2013. It helpfully advised that any biocidal unusual, and ask for help. On that note, the Health products that include camphor as an and Safety Executive Chemicals Regulation Division active substance either to kill or repel (CRD) team have kindly agreed to deliver a training should have been withdrawn from the session on regulations that apply to chemicals and market by 1 September 2006 in biocides for the London Trading Standards safety accordance with Commission Regulation group this year. I, for one, will be taking lots of notes. (EC) No 2032/2003 (Article 4(2)). The banned biocides used in these mothballs are highly toxic, but the packaging contains little or no consumer safety information. The mothballs present a threat to children because they come in easily opened plastic bags and look like sweets. Consumers use them by placing them in corners of cupboards or shelves around their homes, which are exactly the sort of places curious little ones will look. As well as the toxicity issues, they also present a choking hazard. Some sellers appeared deliberately to avoid putting trigger keywords in the listing itself Taking action I took screenshots of the sellers details, used CTSIs trading standards directory and the postcode search on CTSIs website to identify the relevant local authorities where the sellers were based. I contacted themto disseminate the information quickly for the attention, and action, of colleagues. I also passed the details to the online marketplaces who pulled the listings quickly and to the relevant Primary Authorities (PAs) using contact information from the Department of Business, Energy and Industrial Strategy (BEIS), and from the Regulatory Delivery system. Colleagues within London Trading Standards (LTS) product safety group also forwarded information where I missed someone. I then posted an alert with key information as a thread on the Knowledge Hub product safety group online forum to allow colleagues to make product compliance assessments. Examples of prosecution documents such as witness statements from the work carried out in 2013 were kindly provided by colleagues and posted on the LTS members website. The PAs acted quickly and its now up to Amazon and eBay to work further with them to develop effective enhanced filter processes and procedures to prevent such items from being listed, both from UK sellers and from those based abroad who supply to the UK market; the products may be legal in their countries but not in the UK. Seizure and disposal Any seizures need to be done with health and safety in mind Finding these things on sale is one issue. Once identified, purchasers need to be contacted as part of a recall process. Thankfully, identifying purchasers of online goods is a much easier process than finding customers who buy a product from a small retailer. These items must not be disposed of in household waste. Disposal should be through an approved hazardous waste route. For householders u S EFuL WEbS ITES in London, this can be through the City of If you are carrying out market surveillance, you London household hazardous waste can check if a product is approved, exempt collection team, for example. or withdrawn by using the Health and Safety For enforcers, any seizures need to be Executives (HSE) BPC/BPC NI Certificate of done with health and safety in mind, Exemptions Database on the HSEs communities because exposure or inhalation can pose website. This webpage gives details of the biocidal risks to officers health. Protective gloves products that have been authorised and can be should be worn when bagging and placed on the UK market. It also details products tagging the products. If there is any that have an HSE Certificate of Exemption. contact with the product through The European Chemicals agency website is also damaged or split packaging, for example a good source of information for those of us who are not chemists. it needs to be washed off as soon as possible in accordance with the Safety Data Sheet information. Storage should ideally be in sealed plastic drums in a cool, dry and well-ventilated area.One point to note is that naphthalene and camphor are not compatible, so if you have been unlucky enough to seize quantities of both, store them separately. I would say that despite all the pressures facing trading standards it is important to remember that even complex and unfamiliar issues can be addressed with a little help from your friends and colleagues. You may not resolve it all at once, but that doesnt mean you should give up or stop trying. Persistence can pay off. Credits Iain Bailey is an environmental protection officer trading standards at Kingston and Sutton shared services. Images: iStock.com/Willowpix To share this page, in the toolbar click on You might also like Pointing out the dangers April 2016