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Treated articles

As well as controlling biocidal products, the GB Biocidal Products Regulation (GB BPR) also includes rules for articles which have been treated with or incorporate a biocidal product.

Legal definition

GB BPR (the law) defines a 'treated article' as:

'any substance, mixture or article which has been treated with, or intentionally incorporates, one or more biocidal products'

The law also states that:

'a treated article that has a primary biocidal function shall be considered a biocidal product'

The law excludes

Premises or containers used for storage or transport which are treated with biocidal fumigants or disinfectants and where no residues are expected to remain are not treated articles.

Treated article or biocidal product?

To determine if you are dealing with a treated article or a biocidal product, you need to decide if the article has primary biocidal function.

As a general principle, a function of an article is:

A treated article which only has one function, and when this function is also biocidal, has by default a primary biocidal function. For example, mosquito nets which are treated with insecticide or insect repellent are intended solely to control mosquitoes. Removing the insecticide or insect repellent does not fundamentally alter the purpose or intended use of the net as it will still control mosquitoes.

Some articles might be both a biocidal product and a treated article.

Complex articles are those that are made up of several parts eg a sofa is made up of a frame, cushions, fabric cover etc. Complex articles can be treated articles too, even if only one of the parts has been treated with or incorporates a biocidal product.

Examples

Article Treated article or biocidal product Comments
wooden bench painted with wood preservative treated article The bench can still be used as seating if the wood preservative is removed.
The wood preservative used to paint the bench would be the biocidal product.
socks with odour free / stay fresh or antibacterial claim treated article The socks can still be used to keep feet warm if the biocide is removed.
The product used to treat the socks / fibres would be the biocidal product.
mosquito repellent wrist band biocidal product The purpose of the wrist band would be fundamentally altered if the repellent was removed.
interior paint containing an in-can preservative treated article The paint can still be used to colour walls if the in-can preservative is removed.
The preservative added to the paint would be the biocidal product.
sofa with a wooden frame treated with a wood preservative complex treated article The sofa can still be used as seating if the wood preservative is removed.
The wood preservative used to treat the frame would be the biocidal product.
wood preservative paint also containing an in-can preservative biocidal product and treated article The purpose of the paint would be fundamentally altered if the wood preservative was removed, but the paint can still be used to preserve wood if the in-can preservative is removed. The preservative added to the paint would also be a biocidal product
disinfectant coating applied to eg public transport grab bars / rails biocidal product The purpose of the coating would be fundamentally altered if the disinfectant was removed.
disinfectant added as part of the manufacturing process eg public transport grab bars / rails treated article The public transport grab bar / rail can still be used  to steady / assist someone if the disinfectant is removed.
The biocidal function (to stop the spread of bacteria, viruses etc) should not be the prominent / primary claim as this would make it a biocidal product.
The product added as part of the manufacturing process would be the biocidal product.
face mask that incorporates a disinfectant in the fabric to prevent the spread of bacteria, viruses etc biocidal product The only purpose of the mask is to prevent the spread of bacteria, viruses etc.
Removing the disinfectant does not fundamentally alter the purpose or intended use of the mask.

Requirements of the law

The requirements relating to treated articles in GB BPR:

Placing on the market means the first making available on the market of a treated article. This means the first act of supply of a treated article, whether in return for payment or free of charge. Some examples of this could include:

Manufacturers, importers, suppliers and distributors

Before you place a treated article on the GB market you must make sure that the active substance(s) is ;approved for the relevant product type and use or is included on the GB Simplified Active Substance List.

If the active substance is not yet approved for the relevant product type or included on the GB Simplified Active Substance List, you may still be able to place the treated article on the GB market – check the 'Can be used in treated articles' column on the GB List of Active Substances. If this column is marked with 'Yes' for the active substance / product type combination, you may place the treated article on the GB market until either:

If the column is marked 'No' for the active substance / product type combination, you may not place the treated article on the GB market.

If you are the person first placing a treated article on the GB market, you are responsible for labelling it according to the requirements of GB BPR.

Anyone who is later making that same treated article available on the GB market without changing that article does not have any additional labelling duties under GB BPR.

If you take a treated article and incorporate it into a more complex article (eg using preserved wood in the frame of a sofa), this is a new treated article. If you place the new treated article on the market you are responsible for labelling it according to the requirements of GB BPR.

Anyone in the supply chain of a treated article must provide, when requested by a consumer, information on the biocidal treatment of the treated article. This information must be provided within 45 days and free of charge.

Labelling treated articles

Labels for treated articles must provide:

Additional labelling is required when:

This additional labelling must include:

The labelling:

Updated 2021-05-11