Advertising, packaging and labelling requirement under the BPR

The requirements of BPR relating to advertising state that:

1. A person who places a biocidal product on the market shall ensure that:
   1. any advertisement for that biocidal product
      1. subject to paragraph (2), contains the sentences "Use biocides safely. Always read the label and product information before use."
      2. does not refer to the biocidal product in a manner likely to mislead in respect of the risks of that biocidal product to humans, animals or the environment,
      3. does not contain, in relation to the biocidal product, the descriptions "low-risk biocidal product", "non-toxic" nor "harmless", nor similar descriptions; and
   2. the sentences referred to in sub-paragraph (a)(i) of this paragraph (1) shall be clearly distinguishable from the rest of the advertisement.
2. The word "biocides" in the first sentence required by sub-paragraph (a)(i) of paragraph (1) may be replaced by the product-type of the biocidal product being advertised.

Advertising is not defined in the Biocidal Products Directive or the Regulations, however, we would expect an advertisement to be a communication aimed at potential customers or users that identifies and promotes the sale or use of a product. The advert could be pictorial, broadcast or recorded and includes any media that is stored or transmitted by electronic means, including radio, TV and the internet. Promotional brochures and mailings would also be included whether individually addressed or not. A Safety Data Sheet would not normally be considered to be an advert. If you are unsure if your communication could be considered to be an advertisement, consult with your local Trading Standards office.

The word ‘biocides’ in the sentence "Use biocides safely. Always read the label and product information before use" may be replaced by the product-type of the biocidal product being advertised for example "Use disinfectants safely. Always read the label and product information before use" or "Use Insecticides safely. Always read the label and product information before use".

The responsibility for enforcing the advertising requirements lies with Trading Standards Officers.

No. The requirements in Regulation 33 of BPR clearly state that the advertisement claims you make must not mislead in respect of the risks of that biocidal product to humans, animals or the environment, and specifically prohibit the use of words such as ‘harmless’ or similar terms.

COPR approval holders are aware that under COPR they must include on pesticide adverts the general warning: "Always read the label. Use pesticides safely".

COPR approval holders must continue to comply with the advertising requirements of COPR but must also comply with the advertising requirements for BPR.

This means that the phrase laid out in (1)(a)(i) of BPR: "Use biocides safely. Always read the label and product information before use" must be used, noting that the word ‘biocides’ may be replaced by the product-type of the biocidal product being advertised.

COPR Approval holders, if they wish, may use both the COPR and BPR phrases. However, HSE are taking a pragmatic approach and COPR Approval holders can  use the BPR phrase instead of using both.

For example, a wood preservative currently approved under COPR would require the phrase on any advertisement for the product:

• "Use biocides safely. Always read the label and product information before use", or;
• "Use wood preservatives safely. Always read the label and product information before use."

COPR Approval holders must ensure that the correct phrase is used along with the other advertising requirements of BPR.

The requirements of BPR relating to labelling state that:

1. No person shall place on the market an authorised biocidal product whose label:
   1. is misleading or gives an exaggerated impression of the authorised biocidal product; or
   2. contains, in relation to the authorised biocidal product, the descriptions "low-risk biocidal product", "non-toxic" or "harmless", or similar descriptions.
2. Subject to paragraph (3), no person shall place on the market an authorised biocidal product unless:
   1. that authorised biocidal product is labelled clearly and indelibly with the information specified in Schedule 9; and
   2. that information is in English, whether or not it is also in any other language.
3. Subject to paragraph (4), the information referred to in paragraphs 3, 5 to 12 and 14 of Schedule 9 may be given on the packaging of the authorised biocidal product or in an accompanying leaflet integral to the packaging of that authorised biocidal product.
4. Where any information referred to in paragraph (3) is given in an accompanying leaflet, the authorised biocidal product shall be labelled clearly and indelibly with the words "Read attached instructions before use."

Schedule 9 of BPR (as quoted below) states what information should be included on the product label:

1. The identity of the active substance in the biocidal product and its concentration in metric units.
2. The authorisation or registration number allocated to the biocidal product by the Ministers.
3. The type of formulation of the biocidal product, namely whether it is in the form of a powder, granules, a solid, a liquid concentrate or some other form.
4. The use for which the biocidal product is authorised or registered.
5. Directions for use of the biocidal product, including its dose rate in metric units.
6. Particulars of likely direct or indirect adverse side effects and any directions for first aid.
7. Directions for safe disposal of the biocidal product and its packaging, including any prohibition on the re-use of packaging.
8. The number or other reference assigned by the manufacturer of the biocidal product to the batch of biocidal products with which that biocidal product was made and the expiry date relevant to normal conditions of storage.
9. The period of time needed for the biocidal effect.
10. The interval to be observed between:
    1. applications of the biocidal product;
    2. application and the next use of the article, material or substance treated by the biocidal product; or
    3. application and the next access by humans or animals to the area where the biocidal product has been used,
    Including particulars of decontamination means and measures and duration of necessary ventilation of treated areas.
11. Instructions for adequate cleaning of equipment for use with the biocidal product.
12. Instructions concerning precautionary measures during use, storage and transport, such as personal protective equipment to be used, measures for protection against fire, covering of furniture, removal of food and feeding stuff and directions to prevent animal exposure to the biocidal product.
13. Any restriction on the category of persons who may use the biocidal product.
14. Information on any specific dangers to the environment, including protection of non-target organisms and avoidance of contamination of water.

No. The requirements in Regulation 31 of BPR clearly state that the label claims you make must not mislead in respect of the risks of that biocidal product to humans, animals or the environment, and specifically prohibit the use of words such as ‘harmless’ or similar terms.

The requirements of BPR relating to labelling state that:

1. No person shall place on the market an authorised biocidal product which may be mistaken for food, drink or feeding stuff unless:
   1. it is packaged to minimise the likelihood of such a mistake being made; and
   2. where that authorised biocidal product is available to the public, it contains a substance or preparation to discourage its consumption.