The Biocidal Products Regulation (BPR), Regulation 528/2012 is the European Regulation which sets out the framework for the registration, sale, supply and use of biocidal products. This Regulation was enacted into Irish Law by Statutory Instrument No. 427 of 2013. The Department of Agriculture, Food and the Marine (DAFM) are the Competent Authority for Biocides in Ireland.
A biocidal product (or biocide) contains or generates an active substance(s) that is used to prevent or control various types of harmful or unwanted organisms. Such products include disinfectants, antimicrobials, preservatives, insect repellents, rodenticides and insecticides and others. Biocides control the intended target organism by a chemical or biological action. Biocides can be used by professionals and members of the public in a wide spectrum of use areas that are classified into product-types. Biocidal products are regulated to ensure they are effective and safe for persons, animals and the environment, and to minimise any unacceptable risks for people, non-target animals and the environment.
The control of the marketing, sale and use of the products by DAFM is necessary to ensure only registered biocidal products are made available on the market in Ireland. There are 22 categories of biocidal products, which are grouped into four main areas: Disinfectants, Preservatives, Pest Control and Other Biocidal Products.
What part of the BPR applies to companies in our sector?
In the BPR, the specific definitions applicable in our sector include:
(i) ‘making available on the market’ means any supply of a biocidal product or of a treated article for distribution or use in the course of a commercial activity, whether in return for payment or free of charge;
(j) ‘placing on the market’ means the first making available on the market of a biocidal product or of a treated article;
(k) ‘use’ means all operations carried out with a biocidal product, including storage, handling, mixing and application, except any such operation carried out with a view to exporting the biocidal product or the treated article outside the Union;
(l) ‘treated article’ means any substance, mixture or article which has been treated with, or intentionally incorporates, one or more biocidal products;
(y) ‘advertisement’ means a means of promoting the sale or use of biocidal products by printed, electronic or other media;”
In order to distribute, sell or advertise any biocidal products, Irish legislation requires that the biocidal products are entered in the “Biocidal Products Register” first. The Register of biocidal products is divided between what are referred to as “Notified” products and “Authorised” products. Advertising Biocidal Products Article 72 of the BPR specifies the legal requirements around advertising of biocidal products, this includes websites, home delivery apps, print etc.
You can check the registers of products online at: www.pcs. agriculture.gov.ie/registers/biocidalproductregisters/ or scan the QR code below.
Some Examples of Biocidal Products marketed in Hardware Retailers*:
– Rodenticides (Rat and Mice Poison)
– Repellent products including impregnated repellent collars for pets
– Wood Preservatives
– Algae, mould or slime removal/protection products on hard surfaces
– Paints with a claim to prevent/destroy mould on walls or structures
– Drinking Water Disinfectants
– Insecticide products which can include bait stations (i.e., Ants, Wasps, House Fly)
– Hats or Coats with an insect repellent in the fabric
– Construction Material Preservatives (Non-Wood)
– Any product with a claim which kills or controls harmful organisms such as antibacterial / antimicrobial / sanitising / kills 99.9% of bacteria etc.,
Treated Articles that may be marketed in Hardware Retailers*
– Fencing posts treated with a biocidal active substance
– Paints with an in-can preservative or film preservatives
– Any product which has a claim to protect the product such as paint.
– Dish cloth with antimicrobial properties
Note: this is not an exhaustive list.
Further information on biocides can be found on the DAFM website: www.pcs.agriculture.gov.ie/biocides/
Any questions in relation to biocides can be sent to their helpdesk: biocides@agriculture.gov.ie
