The Restrictions
The 2021 Regulations amend the Fireworks (Scotland) Regulations 2004 by introducing a restriction on the maximum permitted quantity of adult (categories F2 and F3) fireworks that can be supplied to a consumer at any one time to a total of 5 kg net mass of explosive substance; and secondly, the time-of-day fireworks can be supplied to the general public to during the daytime hours of 7am and 6pm.
Net explosive Content (NEC)
The restriction on weight relates to sum of the total quantity of explosive material contained in each firework package. Each package (or individual firework) should be marked with the quantity of explosive material, marked Net Explosive Content (NEC). There is a restriction on the amount of explosive weight that can be sold in a single transaction to a consumer in Scotland of 5kgs net explosive content.
Permitted Hours
The new permitted hours restriction means that firework sellers supplying adult fireworks (categories F2 and F3) to consumers in Scotland can only do so during the hours of 07:00 and 18:00. This is the time window that we must deliver your order in Scotland. The practical effect of this restriction is that online retailers must ensure fireworks they sell to consumers in Scotland must arrive at the consumer’s home during the day, between the hours of 07:00 and 18:00 and not outside those hours. This restriction will require the seller to ensure their carrier can fulfil this requirement.
Scottish Government Guidance
There are some exemptions from the regulations, for example the sale of fireworks to a professional firework display organiser. The Scottish Government has produced information for retailers on the new restrictions and whether exemptions exist at:
www.gov.scot/publications/the-fireworks-scotland-miscellaneous-amendments-regulations-2021---information-for-retailers/