The British Home Enhancement Trade Association (BHETA) has updated members on the implications of the latest information from government on the timing and scope of the proposed Offensive Weapons Act (OWA).
The proposed legislation affects the sale of bladed items in the housewares, DIY and garden sectors. BHETA has received details governmentâ€™s of the current position and attended a meeting with the Metropolitan Police to discuss its thinking on this most recent update.
The Home Office Serious Violence Unit has again confirmed that â€˜it is the governmentâ€™s position that these measures should be commenced as soon as possibleâ€™, but that it remains aware of the desirability of a three-month notice period â€“ which BHETA lobbied for in 2020 – to enable suppliers and retailers to adjust. Whilst most legislation is typically introduced in October or April, it is anticipated that guidelines for the Act may be confirmed before Christmas for commencement ahead of April 2022.
Based on the current consultation information originally put out in August 2019 this would mean that suppliers of the following items will need to adapt their packaging, presentation and, where remote sales are involved, delivery systems:
- any kitchen knife regardless of size or design
- cutlery knives
- bread knives
- butcher knives, including meat cleavers
Hobby, craft, DIY or professional trades (regardless of whether they are marketed as knives)
- Stanley knives
- Snap-off cutters
- Carpentry adzes
- Utility knives
- Scissors with points
- Survival knives
Garden and farming
- Axes and choppers
In all cases appropriate age verification systems are required for all retail and online sales such that the system employed â€˜is likely to prevent persons under 18 from buying a bladed article.â€™Â While the courts will be the final arbiter, all sellers including online sellers will be held responsible for the efficacy of the system.Â In store, it is likely that the use of Challenge 21/25 will be sufficient to avoid prosecution, leading to significant changes in packaging, presentation and POS as well as the training of retail staff.Â For online sales, clearly marked packaging will need to be supported by correct delivery procedures including age verification of recipients, no locker or â€˜safe placeâ€™ deliveries and collection point only where in-person verification can take place.Â Age verification via payment system will not be acceptable and nor will any system which relies solely on information provided by the purchaser.
BHETAâ€™s marketing manager, Steve Richardson commented, â€œWhile this may appear to be a reiteration of the Governmentâ€™s earlier position, it is important that members take account of recent market developments in terms of which of their products and routes to market may now be affected â€“ regardless of the exact implementation date.
â€œThis legislation is coming and not only do suppliers of the obvious food preparation products need to be ready to react to the implications, but other companies also need to be ready whether thatâ€™s because their products could now be included, or because their routes to market put them into a new area of consideration.
â€œPut bluntly this is not just about suppliers of kitchen knives into bricks and mortar retailers. Many suppliers across housewares, DIY and garden have in the last 18 months moved more of their business direct to the consumer via online sales.Â This may well raise legislative issues that are new to them in terms of home-based age verification, and product labelling
â€œBHETA not only has the latest information but also draft templates for the additional marketing, sales and delivery assets which are shortly going to be required, subject to final Home Office confirmation.â€
Commenting on the update, BHETAâ€™s Chief Operating Officer, Will Jones, who chairs BHETAâ€™s safe retail of bladed items steering group said, â€œIt is to be hoped that the government sticks to its plan to provide the industry with a notice period, which is one of the points about which BHETA has been lobbying.Â Both suppliers and retailers need to be able to adjust to the new requirements in a positive manner, and for that some advance notice is required. Â This legislation has been delayed by the pandemic crisis, but it is going to happen, and we all need to be exploring the practical measures needed to achieve a positive result.â€
The British Home Enhancement Trade Association (BHETA), which represents many of the leading UK suppliers of housewares, home improvement and garden products created a consultative steering group comprising most of the top retailers and suppliers of bladed items, following lobbying initiatives in 2018. Participants in the BHETA campaign include John Lewis, Sainsburyâ€™s, Asda, Dunelm, Steamer Trading, T K Maxx, Elys of Wimbledon, Harts of Stur, Taylorâ€™s Eye Witness, Amefa, Fiskars, Meyer, Haus, Burton McCall, Kuhn Rikon, Rayware and Robert Welch. BHETA has also been working with the Metropolitan Police on the project since summer 2019.