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Changes in the biocidal products regulations
Note: This is our original regulation update text, published on 12 February 2007. Unlike the rest of our site, this archived material is not updated if the law changes.
Relevant to
Manufacturers, suppliers and users of active substances and biocidal products in England, Scotland and Wales; Northern Ireland will introduce its own parallel regulations
Took effect on
6 April 2007
From 6 April 2007, changes will apply regarding the use of test data rules on biocidal products.
Biocidal products include non-agricultural pesticides, disinfectants and preservatives.
You will have a duty to share test data so as to keep levels of animal testing low. For example, before carrying out any tests, you should check with:
- the European Chemicals Bureau for active substances
- the Biocides and Pesticides Unit (BPU) of the Health & Safety Executive (HSE) for biocidal products
If you learn from either of the above bodies that similar testing has already been carried out by another manufacturer, you will be obliged to:
- take all reasonable steps to reach an agreement with the data holder to share their data when you apply for authorisation of biocidal products and active substances
- show in your application that you have made every effort to find earlier data and reach an agreement with the data holder
- inform the BPU of situations where there is potential for data sharing but you and the other party have not been able to agree terms
The BPU will investigate each dispute on a case-by-case basis. They may refer some to the Home Office, which licenses animal tests.
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All biocidal products on the market will have to meet current advertising requirements. This will include products that were previously exempt under derogation as they were on the market before 14 May 2000. The advertising provisions will not affect product labelling or packaging.
Full title of regulation
The Biocidal Products (Amendment) Regulations 2007
From
Health and Safety Executive
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