Biocidal Products (Amendment) Regulations

This amendment included minor alterations to 2 definitions for the ‘first review regulation’ and ‘new active substance’. It also introduced the General Industry Charge (GIC), specifying who must pay the GIC, how and by when they must notify their liability and how the amount is calculated.

This amendment corrected an error in the BPR in relation to the GIC that had meant that those companies who should have been liable as they placed biocidal products onto the UK market could not legally be charged the GIC.

• Biocides fact sheet 23 - May 2005

This amendment activated the requirements in BPR that relate to advertising - as laid down in regulation 33 of the BPR.

Previously, products were exempt from the advertising requirements until they were authorised under the BPR. However, since 6 April 2007 Companies must comply with the requirements for advertising for their biocidal products. This applies to all product types that fall under the remit of the BPD.

The advertising requirements do not apply to the packaging and labelling of biocidal products. There are specific requirements for packaging and labelling laid down in regulations 30 and 31 of BPR and these do not come into force until products are authorised under BPR.

Further detail is available in the form of an explanatory memorandum.

The requirements of BPR relating to advertising state that:

• a person who places a biocidal product on the market shall ensure that any advertisement for that biocidal product:
  • contains the sentences 'Use biocides safely. Always read the label and product information before use.' and these words shall be clearly distinguishable from the rest of the advertisement. The word ‘biocides’ may be replaced by the product-type of the biocidal product;
  • 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;
  • does not contain, in relation to the biocidal product, the descriptions 'low-risk biocidal product', 'non-toxic' nor 'harmless', nor similar descriptions.

From 6 April 2007, Companies must ensure that the correct wording for an advertisement is used and follow the other advertising requirements laid down in BPR.

A failure to comply with this is a breach of BPR.

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

Approval holders must continue to comply with the advertising requirements of COPR and from the 6 April 2007 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.

Approval holders, if they wish, may use both the COPR and BPR phrases. However, HSE are taking a pragmatic approach on this issue and Approval holders can just 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.'

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