Other whale products such as baleen and bone are not part of the extension and, although it was included in the consultation, nor is walrus ivory. The Department for Environment, Food and Rural Affairs has stated that walrus will continue to have protections under existing legislation covering the trade of seal products.
Narwhal, killer whale, sperm whale and hippopotamus are already listed under the Convention on International Trade in Endangered Species of Fauna and Flora (CITES) and previously only items older than 1947 could be traded.
Folk art items at risk of being lost
The new ban will go much further, effectively wiping out the trade in narwhal tusks and scrimshaw - sperm whale teeth engraved by sailors in the 18th and 19th centuries. As most of these works of art were made using solid ivory, none would be eligible for registration under the ‘de minimis’ exemption that allows the sale of pre-1947 objects containing less than 10% ivory.
When the Grand Committee in the House of Lords considered the regulations in November 2024, concerns were raised that low-value items of historic interest are likely to end up in landfill because they cannot be sold.
Sales are still possible in very limited circumstances
Standard ‘de minimis’ exemptions exist under the Ivory Act for musical instruments made before 1975 with less than 20% ivory by volume, items made before 3 March 1947 with less than 10% ivory by volume, and portrait miniatures made before 1918 with a total surface area of no more than 320 square centimetres.
Exemptions are also included for items a qualifying museum intends to buy or hire, and items made before 1918 that are of outstandingly high artistic, cultural or historical value.
The registration process for de minimis exemption costs £20 per item or £50 for a group of objects (up to a maximum of 20). Owners wishing to sell under the ‘outstanding artistic, cultural or historical value’ exemption must pay a fee of £250 and submit details to a committee of museum specialists for assessment.
Items that cannot legally be sold can be kept for personal use, lent, given as gifts, or bequeathed in a will, if no payment, exchange or barter is involved.
Ivory Act guidance
The Act applies in England, Wales, Scotland and Northern Ireland. Propertymark has produced a comprehensive fact sheet for members to download which contains key information agents need to know to be compliant.
Fact sheet: Ivory Act 2018
The purpose of the Ivory Act is to prohibit commercial activities concerning ivory in the UK and the import and re-export of ivory for commercial purposes to and from the UK. This includes intra-EU trade to and from the UK.
