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Frequently asked questions

Information

Biocidal Products Directive (BPD)/Biocidal Products Regulations (BPR)

The Control of Pesticides Regulations (COPR)

Miscellaneous

Information

How is information on non-agricultural pesticides and biocides made available?

Information on non-agricultural pesticides and biocides is available via the HSE website.

New information is published on our live issues page.

Using an email alert system called ‘eBulletin’ we can notify you when new information is published, if you are interested in this service, please register your details to be notified by eBulletin.

Previously, information was provided by via a pesticide newsletter and biocides factsheet giving updates with developments of the regulatory schemes concerning the Control of Pesticides Regulations and the Biocidal Products Directive (BPD)/Biocidal Products Regulations (BPR).

Newsletters, factsheets, and other information such as leaflets are available.

Information available from HSE Books

HSE Books distributes publications relating to biocides and pesticides, including:

Biocidal Products Directive (BPD)

My product is a biocide, for example a disinfectant. I have just heard of the BPD/BPR, how do I find out whether it falls under the scope of this legislation?

You should first determine whether your product is within scope of the BPD/BPR and the definition of a biocidal product as given in the BPD/BPR may help with your decision. This legislation defines biocidal products are:

'Active substances and preparations containing one or more active substances, put up in the form in which they are supplied to the user, intended to destroy, deter, render harmless, prevent the action of, or otherwise exert a controlling effect on any harmful organism by chemical or biological means.'

This is a broad definition and a list of product types and a number of exclusions further define the scope of BPD.

The scope of the BPD is very wide, covering 23 different product types. This includes disinfectants for home and industrial use; preservatives for manufactured and natural products; non-agricultural pesticides for use against insects, rodents and other vertebrates and specialised products such as embalming/taxidermist fluids and antifouling products.

A full list of product types is in Annex V of the BPD and Schedule 1 of the BPR.

The BPD/BPR does not apply to products, where its use is already regulated under certain other European legislation including:

Article 1 of the BPD and Schedule 2 of BPR give a full list of the legislation.

So if you consider your product:

Then it is likely it will fall under the BPD and you must comply with the requirements of this legislation.

For most products, the question of scope is relatively straightforward. However, there are certain areas where scope can be unclear and such issues can be discussed at EU level. When the EU Commission finalises decisions on scope issues they are included in the 'Manual of Decisions'.

There are also borderline documents available on scope issues relevant to the BPD.

If you are unsure, which legislation your product may be covered under then please check with the relevant regulatory authorities who deal with the legislation and who can advise you further. If your product is not covered under them then it may be a biocide and you can contact HSE for further advice if needed.

My product is a biocide, for example an in-can preservative. It falls under the scope of BPD/BPR, what do I need to do and how can I check if my active substance has been notified for review?

Step 1

The first step you would need to take is to check if the active substance(s) in your product is being supported for review under the BPD review programme, ie has it been notified and in the relevant product type?

If an active substance has been notified, then products in the notified product type containing it can be placed on the EU market (subject to any requirements under existing national legislation), until the review of that active substance has been completed. Once the review of the active substance is complete and if successful, the substance will gain Annex I inclusion of the BPD. It is following this Annex I inclusion that products containing that active substance need to be authorised under the BPR if they are to remain on the UK market.

To check if an active substance has been notified you need to go to the Second, Third and Fourth Review Regulations found on the Europa website.

You can check by CAS/EC numbers of the active substance to find which Annex it is listed on.

Annex II lists the active substances that have been notified and the product type(s) they have been notified in. The Third and Fourth Review Regulations update the Second Review Regulation so it is necessary to first check the Second Review Regulation to find if a substance is listed in the Annexes and then check if any amendments have been made to the listing for that substance in the Third and Fourth Review Regulations.

The Fifth Review Regulations is a consolidation regulation combining the previously published review regulations which is due to come out soon and we will keep you informed of this.

There are also lists of withdrawn active substances and the related product types where participants have withdrawn from the biocides review program. These are available on the Europa website withdrawals section. It is important that you check these lists as you may be affected.

Step 2

If you know that the active substances have been notified then you need to check if there is any existing legislation which applies to your product type, and comply with it until the BPD review is completed.

Many product types covered under the BPD are currently regulated in the UK under legislation called the Control of Pesticides Regulations 1986 (COPR) (as amended). 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 BPD review is completed. Further information is available on COPR.

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. For example, the Chemicals (Hazard Information and Packaging for Supply) Regulations (CHIP), see further information on CHIP.

In addition, the General Product Safety (GPS) Regulations may apply. The responsibility for this legislation and lies with the Department of Business Enterprise and Regulatory Reform - BERR (formerly known as the Department of Trade and Industry). These regulations place a general duty on all suppliers of consumer goods to supply products that are safe in normal or reasonably foreseeable use. Further information can be found on the GPS Regulations.

There is a current UK scheme in place for veterinary disinfectants for use against certain pathogens. They are overseen by DEFRA who 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.

In addition to complying with any current UK regulatory schemes, you also need to take the following actions under BPR:

Further background information to the Biocidal Products Directive (BPD)

Further information on the Biocidal Products Directive (BPD) e.g. background, review programme, active substances and product information can be found here.

The Control of Pesticides Regulations (COPR)

I want to apply for COPR approval, what do I need to do?

If you want to place a biocidal product on the UK market which also falls under the scope of the UK’s existing national legislation, COPR, then you need to check if the active substance in your product is being supported for review under the BPD review programme (ie has it been been notified and in the relevant product type).

You need to then apply for a product approval under COPR.

You need to complete an FEPA 1 application form (the name of the form for a non-agricultural product application) and send it to us. We will let you know how the application will be dealt with under COPR (ie the route of approval it will take) and the costs/timescales involved. More detailed information on the application process and data requirements.

What are the costs and timescales for applications under COPR?

The approval process under COPR works on a precedent system. If an application for a new approval is within the precedent set by a previously approved product, for which the risks have already been assessed and data has already been considered, it may be possible for the new product to be approved using this as a precedent. For a product to follow this route, it must have the same (or lower) level of active ingredient, and the same area of use and application methods of a previously approved product.

If a product falls within existing precedents then it could follow a 'Secretariat' application route, which costs £500 and can take up to 70 working days to process.

However, if a product does not fall within precedents set by previously approved products in that an application differs from previous precedents, potentially changing the risks of the product, then it may follow another approval application route, such as a 'Departmental' where new risks will need to be assessed. This will cost more and may take up to a year to process.

Further information on COPR fees.

What active substances are available to formulate certain product types?

HSE does not provide a ‘list’ of the substances available for formulators to use. It is your responsibility to check if the active substance you are considering for use in your product is being supported for review under the BPD review programme (ie has it been been notified and in the relevant product type).

HSE staff can advise you if the active substance is currently in approved products on the UK market and if it is within existing precedents.

If you want to place a biocidal product on the market that also falls under the scope of the UK’s existing national legislation, COPR, then you will need to apply for approval under COPR.

If the active substance is new in that it is not in approved products on the UK market then it will be treated as a new active substance under biocides.

Miscellaneous

I am considering becoming a professional pest controller – what training do I require?

All users of pesticides must be trained and competent for the tasks they are required to perform. There is no requirement for a user of non-agricultural pesticides to have gained a 'certificate of competence', as there is for those using agricultural pesticides. A recognised 'certificate of competence' is required if the person was born after 31 December 1964, or if they use the pesticide in the course of a commercial service. For further information contact the Pesticides Safety Directorate (PSD), who deal with agricultural/plant protection type pesticides.

However, all users of pesticides must be trained and competent for the tasks they are required to perform. The Control of Pesticides Regulations (COPR) (as amended) says that if a person is using a pesticide in the course of their business then they must have received adequate instruction and guidance in using the pesticide and is competent.

Therefore, if you set up a business as a pest controller and will be using non-agricultural pesticides then you would need to be suitably trained and be competent in the use of these products.

The type of training would cover pesticide legislation and use, and how to carry out a risk assessment under the Control of Substance Hazardous to Health Regulations (COSHH). Those using pesticides have a duty to properly assess a situation before they use a pesticide, and consider the options for treatment and the potential risks involved, to ensure that a product is used in a way that reduces any risks from its use.

There are numerous courses run around the UK on different aspect of non-agricultural pesticide use, both by private consultants and firms and by trade associations and training bodies.

How can I find out if a product is approved?

Within Great Britain, pesticides are controlled under the Control of Pesticides Regulations (COPR). Under this legislation, pesticide products must be approved by Ministers before they can be advertised, sold, supplied, stored or used.

Each HSE approved product is given a unique HSE number, which must appear on the product label, eg HSE 9999. Therefore, check the label for an HSE number.  

For approved products the product label will tell you what the product has approval for use against, where you can use it (eg in domestic premises) and how to apply the pesticide correctly. The label instructions must be followed.

There is a list of products that currently hold an approval under COPR, this includes details such as the product name, active ingredient, marketing company, HSE number and use (such as amateur and/or professional).

Under BPD/BPR, there are no products authorised or registered yet and so no list is available. However, once products are authorised under BPD/BPR a list of products will be made available.

I want a product to control an ant infestation in my kitchen - can you tell me which products are approved?

We cannot recommend any specific products, as we have to remain impartial to all companies that have products approved. However, there is a wide selection of amateur products available and these may be found in local DIY/hardware stores and supermarkets. 

There is a list of products that currently hold an approval under COPR on the HSE website. This includes details such as the product name, active ingredient, marketing company, HSE number and use (such as amateur and/or professional).

Each HSE approved product is given a unique HSE number, which must appear on the product label.

Remember, when using a pesticide:

What do I do if I think I have been exposed to a pesticide?

Under COPR, pesticides are subject to a risk assessment to decide if they can be used without any undue risk to people, animals or the environment. The label on an approved product contains health and safety advice associated with the product.

If the advice given on the product label is followed, we would not expect any adverse effects to be experienced following the use of an approved pesticide.

However, if somebody does feel ill after a pesticide has been used then we advise that they contact their doctor, providing them with information on the product name and HSE approval number.

If a member of the public believes that they have been harmed by the use of a pesticide, they should report it using the publication: 'Reporting incidents of exposure to pesticides and veterinary medicines’ [460KB]PDF document, This publication gives information on what to do; who to report it to and what happens after you have made a report.

Where suspected incidents are investigated, the results of an investigation can be passed to the Pesticide Incident Appraisal Panel (PIAP), which is a body of medics, toxicologists and occupational hygienists who can give its verdict on whether a pesticide could have caused the ill health or whether they believe it is not related to pesticide exposure.

This information can then be used in the approval system and, if necessary, approvals can be amended or products removed from the market if unforeseen effects are shown to be occurring.

What action has been taken to remove approvals given under the Control of Pesticides Regulations 1986 (as amended) for the use of creosote and coal tar creosote wood preservatives by the general public?

More information is located on the Revocation of approvals for amateur creosote/coal tar creosote wood preservatives page.

What action has been taken following the results of the review of pesticide products containing dichlorvos?

More information is located on the Results of review of pesticide products containing dichlorvos page.