Derogation for foodstuff based repellents and attractants

As it became clear that the Biocidal Products Review programme was having negative effects on substances that were not really intended to be controlled by this legislation (e.g. foodstuffs such as jam used as attractants in wasp traps), the EU Commission proposed to derogate such foodstuffs from the requirements of the review programme with the aim to eventually amend the Directive itself to take such products out of scope.

The European Commission in Article 6 of Regulation 1451/2007 (Fifth Review Regulation) states that:-

"Member States may allow until 14 May 2010 at the latest the placing on the market of active substances consisting solely of food or feed that are intended for use as repellents or attractants of product type 19.  For the purposes of this derogation, ‘food or feed’ means any edible substance or product of plant or animal origin, whether processed, partially processed or unprocessed, which is intended or reasonably expected to be ingested by humans or animals; this category does not comprise extracts or individual substances isolated from food or feed."

We understand the Commission intends to extend this 2010 deadline to 2014 to bring it in-line with the extension to the review programme itself. As described in the above text, repellents or attractants that contain foodstuffs or other food grade materials such as flavourings may benefit from a derogation from the review programme but we are not applying it as a blanket approach.  Therefore, companies wishing to market products in the UK for use as repellents or attractants using foodstuffs or other food grade materials such as flavourings, will need to submit details to the UK Competent Authority of the biocidal product for assessment before marketing the product. This should include specific information on the food material itself: for example if the material is an obvious food such as peanut butter or jam for use in a trap details of the product being used, and how it will be used. Where flavourings or individual substances used in food-stuffs are to be used as attractants or repellents we will require:

• evidence to show that the substance used is food grade material suitable for use in foods in the EU and is of plant or animal origin;
• how the levels of the substance to be used in the product compare to the levels found in foods;
• details of the final product itself and how it will be applied when used as a repellent/attractant, e.g. formulation, physical form, application method etc.; and
• information on any classification and labelling requirements for the product under the CHIP regulations.

We will then consider this information and let enquirers know if we will apply the derogation in each case.

Products accepted under the derogation will not require authorisation under the Directive at the current time, and the Commission proposes to remove them from scope completely at the major revision of the Directive itself.

Information should be sent to our usual address.