A product is considered to be a biocide if it falls within the scope of the Biocidal Products Directive. To determine whether the product falls within the scope of the legislation you should consult our law page for further information and advice.
If you want to place a biocidal product, which falls under the scope of the BPR and/or COPR, on to the UK market you must first apply to HSE for approval/authorisation.
To apply for BPR authorisation you will need to complete a R4BP and BPR01 application form. Details about the authorisation process, and these forms, are found on our BPR product application process page.
To apply for COPR approval you will need to complete a FEPA1 application form. Details about the approval process and the application form can be found on our COPR application process page.
If you are unsure which process(es) you need to follow, please consult our law page.
The costs and timescales will depend on whether your product requires authorisation under BPR or approval under COPR.
When HSE receive the application, an initial assessment of the information will be made to determine which type of application it is, whether any additional data is needed, how long it will take to process and how much it will cost.
HSE does not provide a ‘list’ of the substances available for formulators to use. It is your responsibility to check if the active substance you are considering for use in your product has been included onto Annex I of the Biocidal Products Directive in the relevant product type. If it hasn’t you need to ensure it is being supported for review under the BPD review programme. (i.e. has it been notified and in the relevant product type).
See question "How can I find out if a product is approved/authorised?" for further details.
Each biocidal product approved by HSE is given a unique reference, which must appear on the product label, e.g. HSE 1234 or BPR 5678. Therefore, check the label for an HSE/BPR number.
There is a list of products that currently hold an approval under COPR; this includes details such as the product name, active ingredient, marketing company, reference number and use (such as amateur and/or professional).
There is a similar list of products that have been authorised under BPR this includes details such as product name, product type active ingredient and authorisation holder/marketing company.
There is also a database of products for which a Certificate of Exemption has been issued. This allows you to search for product authorisation applications which are currently being evaluated, and for products withdrawn from the UK.
HSE, local authorities and several other bodies have roles in investigating incidents and carrying out enforcement for the Control of Pesticides Regulations (COPR) and the Biocidal Products Regulations (BPR). Depending on where the product has been used the use of biocidal products is usually enforced by either HSE inspectors or local authority environmental health officers. More detailed information on the specific enforcing authority for a particular situation is given on our Enforcement page.
If you, your family, your pets, or wildlife have been affected by exposure to biocides you are advised to seek medical advice and then to report the incident to the appropriate authorities. The department to contact depends on the type of incident that you wish to report.
Biocides are subject to a risk assessment to decide if they can be used without any undue risk to people, animals or the environment. The label on an approved/authorised product contains health and safety advice associated with the product.
If the advice given on the product label is followed, we would not expect any adverse effects to be experienced following the use of an approved/authorised product.
However, if somebody (human or animal) does become ill or is adversely affected after a biocide has been used please see the information and advice on our Reporting Incidents of Exposure page.
Your COPR approval may have been voided because the active substance(s) it contains is no longer being assessed under the Biocidal Products Directive (BPD) Active Substance Review programme.
Your notice and covering letter will provide details of the Non Inclusion decision that has been published for the active substance(s) in your product. This Non Inclusion decision will provide the date from which the active substance(s) can not be used in biocidal products placed on the EU market. This date will correspond to the cut off date on the COPR Notice of Approval you have received.
Revocation of approval may occur for a number of reasons, for example:
For the first three situations above, where possible, a "phased revocation'' will be implemented, but when safety considerations make it necessary immediate revocation may take effect.
For the fourth situation above when an active substance(s) is Included into Annex I of the BPD, all conditions of approval under the Control of Pesticides Regulations (COPR) will expire. A notice to revoke approval is issued because COPR will no longer apply to the product.
If you wish to place your product on the UK market after the BPD Annex I Inclusion date or you require a phase out period to remove your product from the UK market you must comply with the requirements of the UK Biocidal Products Regulations (BPR).
The European Commission have took action to prohibit amateur use of creosote products and to restrict the use of creosote treated wood. You can find out exactly what action was been taken, and what you need to do to comply with this decision on the Revocation of approvals for amateur creosote/coal tar creosote wood preservatives page.
Since 21 April 2002 it has been illegal to advertise, sell or supply a range of insecticides containing dichlorvos, following the suspension of these conditions of approval. More information is located on the Results of review of pesticide products containing dichlorvos page.
A food and feed derogation is a time limited removal of the requirement that an active substance used in a biocidal product must be/have been evaluated under the Biocidal Products Directive (BPD). The derogation is given on a case by case basis at a national level, and can be applied only to repellents or attractants that only contain active substance (s) that are considered to be of food or feedstuffs.
Companies wishing to market repellents or attractants products in the UK containing foodstuffs or other food grade materials such as flavourings as the active substances will need to submit details to HSE.
The information we require is outlined on our food and feed derogation webpage.
To apply for a food and feed derogation in another EU member state you will need to contact the Competent Authority in that member state.
Our online searchable database lists the products that currently hold a UK food and feed derogation.
For details of food and feed derogation in other EU member state you will need to contact the Competent Authority in that member state.
All users of biocides must be trained and competent for the tasks they are required to perform. There is no requirement for a user of biocides (or non-agricultural pesticides as they are referred to under COPR) to have gained a 'certificate of competence'.
However, the law says that if a person is using a biocide in the course of their business then they must have received appropriate information, instruction and training in the use of biocides.
The type of training required/received would cover issues such as the legislation, the correct use of biocides and how to carry out a risk assessment under the Control of Substance Hazardous to Health Regulations (COSHH). Those using biocides have a duty to properly assess a situation before they use a biocide, and consider the options for treatment and the potential risks involved, to ensure that a product is used in a way that reduces any risks from its use.
There are numerous courses run around the UK on different aspect of biocide use, both by private consultants and firms and by trade associations and training bodies.
We cannot recommend any specific company, as we have a duty to remain impartial. However, we would recommend that you contact your local council to see if they will carry out the treatment you require or you could contact one of the Pest Control Trade Associations to see if they can recommend a pest control company.
We cannot recommend any specific products, as we have a duty to remain impartial to all companies that have products approved/authorised. However, there is a wide selection of products available and these may be found in local DIY/hardware stores and supermarkets.
There is a list of products that currently hold an approval/authorisation on the HSE website. This includes details such as the product name, active ingredient, marketing company, HSE number and use (such as amateur and/or professional).
See question "How can I find out if a product is approved/authorised?" for further details about our databases.
