Existing UK National Legislation
Changes due to Brexit
Your health and safety responsibilities will not change when the UK leaves the EU. This guidance is under review.
This page provide information about existing UK National Legislation that applies to biocidal products during the assessment of an existing active substance under the EU Biocides Regulation 528/2012 (EU BPR) review programme.
For details of the existing National legislation for other EU Member States you will need to contact each Member State.
What existing UK national legislation applies to Biocidal Products?
Many product types covered under the EU BPR are currently regulated in the UK under legislation called the Control of Pesticides Regulations 1986 (COPR). These products are known generally as non-agricultural pesticides and include products such as wood preservatives, masonry/surface biocides, antifouling products, public hygiene insecticides, some repellents, rodenticides and other vertebrate control agents. These types of product will continue to be regulated and approved via HSE under this scheme until the EU BPR active substance review is completed (and/or a decision is made on the Approval of the active substance) – if your product falls under the scope of COPR you must apply and receive COPR approval before the product can be advertised, sold, supplied, stored or used in the UK.
Whilst disinfectants do not need approval under COPR, they are within scope of EU BPR, and whilst the review of the active substance is ongoing other specific legislation applies in certain situations:
- There is a UK scheme in place for veterinary disinfectants for use against certain named pathogens. The Animal Health and Veterinary Laboratories Agency (VLA) on behalf of DEFRA are the body that 'approve' and list disinfectants (via results of laboratory based efficacy testing) under the Diseases of Animals (Disinfectants Approvals) Order 1978 against diseases such as foot-and-mouth disease, swine vesicular disease, tuberculosis etc.
- There is also currently a regulatory scheme in place for substances and products used in drinking water from the source of the water, up to the point of delivery to the consumer’s building. Drinking water quality in England and Wales is regulated by the government through the Drinking Water Inspectorate (DWI).
Are there other rules I need to comply with before I make my biocidal product available on the UK market?
The majority of other biocidal products are not currently regulated in the UK by specific legislation but are covered by general chemical legislation which continues to operate such as
- the Chemicals (Hazard Information and Packaging for Supply) Regulations (CHIP) and/or
- the Classification, Labelling and Packaging of Substances and Mixtures (CLP) Regulation.
In addition, the General Product Safety (GPS) Regulations may apply. These regulations place a general duty on all suppliers of consumer goods to supply products that are safe in normal or reasonably foreseeable use. The responsibility for the GPS Regulations lies with the Department of Business, Innovation and Skills (BIS).
Specific elements of EU BPR also apply to products before (and after) the product is Authorised under EU BPR, namely: