As a seller, you must inform users about the proper use of biocidal products. Advertising is subject to strict conditions. Separate rules apply to closed-circuit biocidal products.
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Advertising of biocidal products
Advertising of biocidal products is subject to obligations and prohibitions, irrespective of whether it involves closed-circuit or free-circuit biocidal products. The conditions are laid down by law:
- Any form of unauthorised advertising for placing the product on the market is strictly prohibited.
- Every advertisement must contain the following statements:
- ‘Use biocidal products safely’
- ‘Read the label and product information before use’
These statements must be displayed such that they are clearly noticeable and legible. The word ‘biocidal products’ may be replaced in the prescribed statements by a precise indication of the product type.
- Advertisements for biocidal products must not mislead the user about the following:
- Risks to human or animal health
- Environmental hazards
- Efficacy of the product
- Publications or technical documents for sellers and users of biocidal products are also considered to be advertising.
- Advertisements for biocidal products must not contain any of the following indications (or similar indications):
- Low-risk biocidal product
- Non-toxic
- Not harmful to health
- Natural product
- Not harmful to the environment
- Not harmful to animals
From 2027 on, some new rules on advertising for biocidal products will go into effect.
Advertising must include not only the product's trade name but also the authorisation, registration or notification number. In video spots or other time-limited visual communication, the following sentences must be shown in a clearly legible way and for a minimum time : ‘Use biocides safely. Read label and product information before use’, where the word “biocides” may be replaced by a clear indication of the advertised product type. The trade name and authorisation number should also be displayed for a minimum time.
Advertising of biocides with a danger score of 4 points or higher and aimed at the general public will be prohibited. The danger score (points) is determined in the Royal Decree on Retributions of 13 November 2011, art.7, §2. Promotions or other special offers when purchasing biocides also fall under this advertising ban. However, the minister may grant an exception to the advertising ban in emergency situations.
Notification obligation for the closed circuit
Closed-circuit biocidal products may only be sold and used by registered professionals.
Sellers of closed-circuit biocidal products are additionally required to (according to Art. 39-40 of the Royal Decree of 4 April 2019):
- Inform each customer, at the time of sale, of the measures to be taken for using the biocidal product (such as user registration, wearing of personal protective equipment, compliance with the rules on transport and storage of the biocidal product, possibly following a training course, etc.)
- State the following on the sales invoice and receipt: ‘This product is classified as a closed-circuit biocidal product.’
- Must be aware of the specific obligations set out in the Certificate of Authorisation of the biocidal product (obligations relating to storage, transport, training, etc.), which can be found in the list of authorised biocidal products
- Ensure that all the personal protective equipment required for the use of a closed-circuit biocidal product is kept available close to where the product is to be used, if members of the general public (i.e. persons other than professional registered users) can gain access to this product
Information obligation for registration holders
From 2025: Whenever the validity period of an authorisation or registration expires, registration holders must inform their distributors and customers of the end dates for the sale and use of the biocide, stating the trade name of the biocide and the authorisation, notification or registration number. For example, if the terms of a registration change, the ‘old’ product may still be placed on the market for 180 days and then sold and used for another 180 days.
Registration holders must also explain how to dispose of biocidal products and their packaging correctly free of charge upon request.