Another Victory for the UK Border Force Team: Restoration of Nitrous Oxide Goods
Nitrous oxide is frequently used for many commercial applications such as in surgery and dentistry, for its ability to act as an anaesthetic and reduce pain, in food preparation typically as an aerosol spray propellant, and in motor sports as an additive to fuels, amplifying the power output of engines.
In May 2016, the introduction of the Psychoactive Substances Act (PSA) aimed to curb the recreational usage of psychoactive substances like nitrous oxide. This act rendered the supply, production, and possession with intent to supply of such substances illegal. However, nitrous oxide is an EU approved food additive (E942) and therefore, pursuant to the PSA 2016 can be classed as an exempted substance. It is also only liable to forfeiture under the Customs and Excise Management Act 1979 (‘CEMA’) if it is likely to be consumed by individuals for its psychoactive effects.
Our experienced HMRC and UK Border Force Litigation team has a notable track record of effectively handling law enforcement matters and successfully recovering clients’ goods. In a recent case, we assisted a client, a supplier of products to the catering industry across the UK, in reclaiming 5 pallets containing over 2,000 nitrous oxide canisters. In September 2023, these goods were seized, purportedly under the provisions of section 139(1) CEMA. We contested the legality of the seizure and gave notice in writing, asserting that the goods were not subject to forfeiture, considering the legitimate sale of nitrous oxide canisters within the catering industry. With the assistance of Barrister Katherine Hampshire of Outer Temple, who was described as “exceptional”, we achieved a successful outcome and the goods were returned promptly to the client. This successful restoration has enabled our client to continue to trade.
We understand the importance of engaging HMRC and UK Border Force immediately to reduce the challenges and financial hardship that our clients could face when their goods are detained or seized. If you have had nitrous oxide or any other goods detained or seized and require assistance, please contact Peter Hastings, a specialist HMRC and UK Border Force solicitor at ph@rogers-norton.co.uk. We can also advise on seeking Injunctions, Judicial Review, Regulatory issued and on Criminal Proceedings, including PACE 1984 and Proceeds of Crime Act 2002.