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Enforcement

HSE, local authorities and several other bodies have roles in investigating incidents and carrying out enforcement for the Control of Pesticides Regulations 1986 (COPR) and the EU Biocides Regulation 528/2012 (EU BPR). Exactly which body enforces in a particular situation is explained below; but broadly speaking, local authority trading standards officers enforce the advertisement and sale of biocides, while the use of products is enforced by either HSE inspectors or local authority environmental health officers, depending where the product has been used.

HSE, as the regulatory authority for biocides, can also assist other enforcing authorities through:

Further information on HSE’s approach to enforcement in general is available on our central enforcement page.

Control of Pesticides Regulations 1986

Section 19 of the Food and Environment Protection Act 1985 was amended in 1989 by the Pesticides (Fees and Enforcement) Act which gave responsibility for the enforcement of the COPR to several authorities.

The allocation of enforcement responsibilities reflects the division of responsibilities between HSE and local authorities on the enforcement of the Health and Safety at Work etc Act 1974 (HASWA), in-line with the Health and Safety (Enforcing Authority) Regulations 1998 (SI 1998 No 494), with additional responsibilities for the agricultural departments for wildlife incidents.

The broad division of the enforcement responsibilities is as follows:

If the incident involves… It should be reported to…
Advertisement or retail sale Your local trading standards office – which can be found on  the Trading Standards Central website
People HSE or your Local Authority. You can find out who is the appropriate enforcing authority from the HSE website
Environment Environment Agency
(Tel: 0800 807060)
Wildlife, livestock or pets/companion animals Wildlife Incident Investigation Scheme
(Tel: 0800 321600)

EU Biocides Regulation 528/2012 (EU BPR)

The EU Biocides Regulation 528/2012 (EU BPR) are enforced under the HASWA, by virtue of Regulation 8 (1) of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (BPC). The BPC regulation defines the application of the Act, including enforcement powers, offences, and the allocation of enforcement responsibilities.

Enforcement of the use of biocidal products is split between the HSE and local authorities, in-line with the Health and Safety (Enforcing Authority) Regulations 1998 (SI 1998 No 494).   

If the incident involves… It should be reported to…
Advertisement or retail sale of Biocides Your local trading standards office – which can be found on  the Trading Standards Central website
All issues arising from the use of Biocidal products HSE or your Local Authority. You can find out who is the appropriate enforcing authority from the HSE website
Updated 2016-02-08