Part VPackaging, Labelling and Advertisements
Packaging30
1
A person shall not place on the market an authorised biocidal product which may be mistaken for food, drink or feedingstuff unless—
a
it is packaged to minimise the likelihood of such a mistake being made; and
b
where that authorised biocidal product is available to the public, it contains a substance or preparation to discourage its consumption.
2
In this regulation, “authorised biocidal product” means a biocidal product which has been authorised or registered in accordance with these Regulations or the Great Britain Regulations.
Labelling31
1
A person shall not place on the market a biocidal product whose label—
a
is misleading or gives an exaggerated impression of the authorised biocidal product; or
b
contains, in relation to the authorised biocidal product, the descriptions “low-risk biocidal product”, “non-toxic” or “harmless”, or similar descriptions.
2
Subject to paragraph (3), a person shall not place on the market an authorised biocidal product unless—
a
that authorised biocidal product is labelled clearly and indelibly with the information specified in Schedule 9; and
b
that information is in English, whether or not it is also in any other language.
3
Subject to paragraph (4), the information referred to in sub-paragraphs 3, 5 to 12 and 14 of Schedule 9 may be given on the packaging of the authorised biocidal product or in an accompanying leaflet integral to the packaging of that authorised biocidal product.
4
Where any information referred to in paragraph (3) is given in an accompanying leaflet, the authorised biocidal product shall be labelled clearly and indelibly with the words “Read attached instructions before use.”.
5
In this regulation, “authorised biocidal product” has the same meaning as it has in regulation 30.
Samples, models and drafts32
When required to do so by the Executive, a person who has submitted an application under regulations 9 to 15 or 17 or a person who places, or has placed, a biocidal product on the market shall provide it with—
a
a sample or model of the packaging of, or a sample or draft of the labelling of, the biocidal product in question;
b
a sample or draft of any accompanying leaflet integral to the packaging of the biocidal product in question.
Advertisements33
1
A person who places a biocidal product on the market shall ensure that—
a
any advertisement of 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) shall be clearly distinguishable from the rest of the advertisement.
2
The word “biocides” in the first sentence required by paragraph (1)(a)(i) may be replaced by the product-type of the biocidal product being advertised.