The Biocidal Regulations 2007
These Regulations came into force on 6 April 2007.
In brief, the new amendment regulations will activate the requirements in Biocidal Products Regulations 2001 (BPR) that relate to advertising. Previously, products were exempt from these requirements until they were authorised under the BPR.
The advertising requirements of the regulations do not apply to the packaging and labelling of biocidal products. Companies must ensure from 6 April 2007 that the correct wording for an advertisement is used and follow the other advertising requirements laid down in BPR. A failure to comply with this is a breach of BPR.
What are the advertising requirements of BPR?
The requirements of BPR relating to advertising state that:
1. A person who places a biocidal product on the market shall ensure that:
a. any advertisement for that biocidal product
i. subject to paragraph (2), contains the sentences "Use biocides safely. Always read the label and product information before use.",
ii. does not refer to the biocidal product in a manner likely to mislead in respect of the risks of that biocidal product to humans, animals or the environment,
iii. does not contain, in relation to the biocidal product, the descriptions "low-risk biocidal product", "non-toxic" nor "harmless", nor similar descriptions; and
b. the sentences referred to in sub-paragraph (a)(i) of this paragraph (1) shall be clearly distinguishable from the rest of the advertisement.
2. The word "biocides" in the first sentence required by sub-paragraph (a)(i) of paragraph (1) may be replaced by the product-type of the biocidal product being advertised.
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HSE have just published an article on the biocides 'Live Issues' page of the HSE website at: http://www.hse.gov.uk/biocides/updatebpregs.htm to let people know how these regulations will affect them.