The weight of solid fuel must be specified; this also applies to wood if a relevant bye-law exists, or you opt to show weight
This guidance is for England, Scotland and Wales
There are legal controls concerning the selling and delivery of solid fuel and wood fuel.
With door-to-door deliveries, there are specific requirements relating to information that must be shown on the delivery note; these include the merchant'sname and address, type of fuel and weight. Fuel sold from retail outlets must be in fixed quantities.
Unless there is a local bye-law, there is no requirement for a statement of quantity for wood fuel; however, if one is given it must be accurate.
Any equipment used in the weighing of sacks of fuel or prepacked containers must be approved for trade use and comply with the accuracy requirements under weights and measures legislation.
Solid fuel includes coal, coke and solid fuel derived from coal or coke. It is normally sold to consumers by:
It must always be sold by reference to weight in kilograms.
Manufactured solid fuel products (solid fuel made from coal, wood, plant-derived materials, waxes or petroleum products, mixed with other ingredients) must be certified for use in England. Certified fuels must meet certain emissions limits and must only be supplied if accompanied by the manufacturer's name, product certification number, and the 'Ready to Burn' logo.
HETAShas been appointed by the Department for Environment, Food and Rural Affairs (Defra) to run the Ready to Burn certification scheme.
Scales that are used must be accurate, of an approved construction for retail sale use, and have certain required markings and stamps on them. For more detail please see 'Weighing equipment for legal use'.
Solid fuel merchants can either respond to specific orders from consumers or operate standard delivery rounds to regular customers. The fuel must be sold in sacks of 25 kg or multiples of 50 kg and, if delivering more than 110 kg to an individual consumer, the consumer must be given a delivery note before the fuel is unloaded. If the consumer is not in when you calla delivery note must still be left.
The delivery note must contain the following information:
Your vehicle is required to display your name and address and a notice that states the following: 'All open sacks on this vehicle contain either 25 or 50 kg'.
If the consumer queries the weight delivered they have the right, subject to certain conditions, to request that the merchant re-weighs the fuel in their presence, but if it is correct you are entitled to reasonable expenses for doing this work.
Some delivery vehicles, called auto-baggers, weigh loose fuel into bags at the rear of the vehicle. These vehicles have a bag counter on them, which the driver should zero before starting; it shows the number of bags delivered at the end.
Merchants who are members of the Approved Coal Merchants Scheme will display the logo of the scheme on their vehicles and delivery notes.
PREPACKED SOLID FUEL FROM RETAIL OUTLETS
This fuel comes in sealed bags, which must have the net weight marked on them. They will be in fixed quantities (10, 20 or 25 kg are usual). The packer is required to conform with rules designed to ensure that the correct weight is contained in each bag. For more detail please see 'Packaged goods: average quantity'.
In England, from 1 May 2021, traditional house coal must not be sold prepacked by retail. Itcan only be sold by traders registered in the Approved Coal Merchants Scheme, either loose or in opened bags, and it can only be sold until 1 May 2023; after this date, sales of traditional house coal will be banned in England. See the GOV.UK website for further guidance.
QUALITY AND SAFETY OF FUEL
There are industry standards for quality of solid fuel and experts exist who can examine fuel and ensure that any descriptive terms applied are accurate. A number of documents on solid fuel are available on the Solid Fuel Association (SFA) website.
The Approved Coal Merchants Scheme is run by the Solid Fuel Association.
Members are required to abide by the Coal Trade Code and:
The scheme also provides a range of leaflets concerning the safe use of appliances such as open fires, room heaters and boilers.
QUANTITY OF WOOD FUEL
Unless the local authority in your area has passed a bye-law that states otherwise, there are no requirements relating to the sale of wood fuel. Your local trading standards service should be able to confirm whether such bye-laws are in existence.
Where there are local bye-laws wood fuel must be sold by net weight, and if it is in a container ready for sale the net weight must be made known to the customer. The requirement to sell wood fuel by net weight does not apply for quantities of less than 7.5 kg or more than 500 kg.
If wood is sold by the 'truckload' with an indication of net weight, merchants are advised to weigh the vehicle on a weighbridge and obtain a weight ticket.
If there are no bye-laws in existence then there are no requirements to sell by weight or to provide the consumer with a statement of the quantity provided. If, however, you make a voluntary declaration of weight that is incorrect in terms of quantity, you may be liable to legal action under the Weights and Measures Act 1985.
The Solid Fuel Association website contains brief information on the Approved Wood Fuel Merchants Scheme. Customers of scheme membersmay rely on the correct descriptions being applied to wood fuel, advice on the safe and efficient use of wood burning appliances and levels of customer service in line with SFA standards.
In England, from 1 May 2021, wood for domestic use can only be sold in quantities less than 2 m3if it has been certified under the Ready to Burn scheme.Woodsurehas been appointed by Defrato run the certification scheme that will come into force in England from 1 May 2021 for most wood fuel suppliers. If you are a small-scale wood producerwho supplied less than 600m3 of wood between 1 May 2020 and 30 April 2021, the scheme will apply from 1 May 2022. Sales of wood fuel greater than2 m3do not need to be certified. See the GOV.UK website for further guidance.
Smoke control areas
The Clean Air Act 1993 allows councils to establish smoke control areas, which are aimed at improving air quality by burning authorised smokeless fuels. In these areas the emission of smoke from chimneys is prohibited.
Coal and wood are not authorised smokeless fuels and therefore they can only be burnt in a smoke control area if they are used with an exempt heating appliance. Such appliances burn off or 'eat' the smoke produced by the fuel. For further information on this subject please contact your local environmental health service.
The dangers of carbon monoxide poisoning
Carbon monoxide is an extremely poisonous gas, which can cause illness, damage to health and death. This gas is generated when carbon-based fuels have not combusted properly in, for example, a wood burning stove, open fire or barbecue (gas, charcoal and disposable). It is difficult to detect as you cannot see it, smell it or taste it.
For more information on carbon monoxide poisoning, ventilation, flue and chimney cleaning as well as a safety checklist, see the safety advice section on the SFA website.
The Consumer Protection from Unfair Trading Regulations 2008 make it an offence to give any false or misleading statements about the price charged and descriptions applied to goods. For example, claiming solid fuel is suitable for use in a smoke control area or that wood fuel is of a premium kind such as hardwood, or from a particular area or region, when this is not the case.
Please see 'Consumer protection from unfair trading' for more information on the Regulations.
Contracts between traders and consumers are also controlled by the Consumer Rights Act 2015. The Act requires that goods and services provided by traders to consumers should be in accordance with the contract, provided with reasonable care and skill, at a reasonable price, etc. It also provides consumers with remedies they can require from the trader if goods and services provided do not meet the terms of the contract; these remedies include a reduction in the price paid.
Under the Consumer Rights Act 2015 solid fuel and wood fuel supplied to consumers should be:
See 'The sale and supply of goods' for detailed information on the Consumer Rights Act.
Where specific legal requirements, such as those detailed earlier in this guide, impose stricter duties and requirements on traders they take precedence and must be complied with.
For more information on the work of trading standards services - and the possible consequences of not abiding by the law - please see 'Trading standards: powers, enforcement and penalties'.
Last reviewed / updated: April 2021
In this update
Clarification added for small-scale wood producers
This information is intended for guidance; only the courts can give an authoritative interpretation of the law.
The guide's 'Key legislation' links may only show the original version of the legislation, although some amending legislation is linked to separately where it is directly related to the content of a guide. Information on amendments to legislation can be found on each link's 'More Resources' tab.
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