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.
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
- Not harmful to health
- Natural product
- Not harmful to the environment
- Not harmful to animals
Notification obligation for the closed circuit
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