Annex A
Case 1 Involved a delivery of unbranded,
diesel fuel from a road tanker in Ballynahinch. Tests indicated
contamination with 28 second heating oil (kerosene). The degree
of contamination was not quantified in the test report. The cause
of the contamination was found to have been leakage between the
adjoining compartments on a road tanker.
In view of the fact that the materiality of
the contamination could not be established and that the matter
had been resolved between the parties concerned, no enforcement
action was taken by the Trading Standards Service (TSS).
Case 2 Involved an unbranded, temporary
retail site near Crumlin, dispensing diesel fuel. Tests indicated
contamination with kerosene. The degree of contamination was not
quantified in the test report and materiality could not therefore
be established in relation to the falsity of the description,
"diesel". The test results were passed to HM Customs
and Excise (HM C&E) who seized fuel from the site two days
later.
Case 3 Involved an unbranded, temporary
retail site in Lisburn, dispensing diesel fuel. Tests indicated
that the fuel was "laundered" red (agricultural) diesel.
Again, the degree of contamination was unquantified in the test
report. The description applied to the fuel (diesel) could not
therefore be established as materially false. These test results
were passed to HM C&E who made a seizure of fuel from the
site that day.
Case 4 Involved an unbranded, retail
site in Coleraine, dispensing diesel fuel. Tests indicated the
presence of Kerosene and "green" (smuggled agricultural)
diesel, but again the degree of contamination was not reported,
preventing the establishment of a materially false description.
The test results were reported to HM C&E for further action.
Case 5 Involved an unbranded, retail
site near Randalstown, dispensing diesel fuel. Tests indicated
that the fuel was "laundered" red (agricultural) diesel.
Again, the degree of contamination was not reported and therefore
the falsity of the description, "diesel" could not be
established as material. The test results were reported to HM
C&E who requested that the TSS take no further action as they
(HM C&E) planned an imminent seizure.
Case 6 Involved an unbranded, retail
site near Portglenone, again dispensing diesel fuel. Tests indicated
that the fuel was "laundered" red (agricultural) diesel.
The report, as before, did not quantify the degree of contamination,
thus precluding action under the Trade Descriptions Act. The test
results were reported to HM C&E who again asked that the TSS
do nothing further as they (HM C and E) planned to take immediate
action.
(i) Throughout the TSS investigations, the
officers concerned liaised regularly with the Intelligence Unit
of HM C&E, the joint objective being that the most effective
response be provided in each case.
(ii) The TSS testing was undertaken by the
Department of Economic Development's Industrial Research and Technology
Unit in Lisburn (IRTU). At a meeting between TSS officers and
representatives of the IRTU Chemical Analytical Department, the
TSS concern about the absence of quantitative analysis in the
test reports was raised. As a result of that meeting, IRTU agreed
to develop a test capable of quantifying the contaminants in samples
of fuel oils. It is understood that this test procedure is now
in place.
15 February 1999
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