Biocidal Products

EU- General information

Biocidal products are those that are used to protect against harmful organisms (like pests or bacteria) through an active substance or microorganism intending to destroy, deter, render harmless, prevent the action of, or exert a controlling effect on the harmful organism by any means other than mere physical or mechanical action.

Requirements under the BPR in the EU

Under the BPR, biocidal products generally require an authorization before they can be sold in the EU, and the active substances contained in that biocidal product must be previously approved. There are a few exceptions to the authorization rule. We strongly encourage you seek advice from appropriate EU authorities if your products are biocidal products (see Additional Information below).

It is your responsibility to provide accurate and complete product information about biocidal products. If your products are biocidal products, verify that your biocidal products are properly authorized for sale, include in your listing the proper disclaimer (“Use biocides safely. Always read the label and product information before use.”) and pictures of your product clearly showing the disclaimer and biocidal registration number (where applicable), and provide us with the most updated SDS when setting up a new item.

EU- Additional Information

We strongly encourage you to visit the European Commission’s website for more information on biocidal products and the BPR Regulation.

• All EU National helpdesks under the BPR Regulation
• ECHA on Biocides

UK - General Information

Biocidal products are those that are used to protect against harmful organisms (like pests or bacteria), through an active substance or micro-organism intending to destroy, deter, render harmless, prevent the action of, or exert a controlling effect on the harmful organism by any means other than mere physical or mechanical action.

Where do the UK Biocidal Products Regulations apply?

The UK Biocidal Products Regulations apply to all biocidal products sold in the UK, but the provisions apply differently to Great Britain (England, Scotland and Wales, “GB”) and Northern Ireland. You can read more about the position in Northern Ireland (“NI”) below.

Requirements under the UK Biocidal Products Regulations

Under UK biocidal products requirements, biocidal products generally require an authorization before they can be sold in GB, and the active substances contained in that biocidal product must be previously approved.

There are a few exceptions to the authorization rule. We strongly encourage you seek advice from appropriate UK government authorities if your products are biocidal products (see Additional Information below).

It is your responsibility to provide accurate and complete product information about biocidal products. If your products are biocidal products, verify that your biocidal products are properly authorized for sale, include in your listing the proper disclaimer (“Use biocides safely. Always read the label and product information before use.”) and pictures of your product clearly showing the disclaimer and biocidal registration number (where applicable). Provide us with the most updated SDS when setting up a new item.

Northern Ireland

Different rules apply in NI from January 1, 2021 as a result of the Northern Ireland Protocol. In particular:

• Ensure that products meet applicable EU requirements under the BPR.
• NI-based businesses that are currently downstream users or distributors may have obligations in relation to chemicals traded from GB to NI.
• NI-based businesses may also have obligations to notify GB authorities if selling highly regulated goods in GB.
• Where an NI-based business has obtained an authorization or other permit for a biocidal product which is valid in NI and wants to sell the product in GB, the NI business must notify HSE by submitting the same information that was submitted in support of the original authorization or permit.
• “Qualifying Northern Ireland goods” can be sold in GB under unfettered access. The UK Government is issuing guidance on how this will work.

HSE has also produced the following specific guidance on what you have to do from January 1, 2021. You should consult your legal counsel if you have questions about how the laws and regulations apply to your products from January 1, 2021.

• Brexit - General Chemicals Guidance
• Brexit - Guidance on Biocidal Products in GB
• Brexit - Guidance on Biocidal Products in NI

UK - Additional information

We strongly encourage you to visit the following UK Government Health and Safety Executive (HSE) websites for more information on biocidal products and the UK’s biocidal products requirements.

• Biocides
• Biocides - Frequently asked questions

We also encourage you to visit the UK’s Business Companion website, which contains guidance on UK product compliance rules:

• Business Companion - Get Started