Most household pest products, from ant powders to mouse repellents, are legally classed as biocides. That classification matters because it decides which products may be sold, who may use them and what the label must say. The Health and Safety Executive (HSE) explains the rules in Great Britain in its biocides guidance, and this article summarises what a householder or a small business should take from it.
What counts as a biocide
HSE defines a biocide as a chemical substance, mixture or microorganism intended to control any harmful organism in a way that is not purely physical or mechanical. Its examples of biocidal products include disinfectants, wood preservatives and insect repellents, and it lists products used to stop pests such as insects or rodents. A product can also be an article impregnated with an active substance, such as disinfecting wipes.
Biocidal products are controlled in Great Britain (England, Scotland and Wales) under the GB Biocidal Products Regulation, and in Northern Ireland under the EU Biocidal Products Regulation. HSE adds that some types of product are governed by more specific legislation, for example pesticides, human medicines and veterinary medicines. The rest of this article concerns Great Britain.
Authorisation comes before sale
HSE states that a biocidal product must be authorised before it can be made available on the market, and that the active substance or substances it contains must first be approved for use in that product type. “Making available” covers any supply, paid or free, at any stage from manufacturer to distributor to shop to user.
The guidance notes an important qualification: if a product does not appear on HSE’s lists, that does not necessarily mean it should not be used. An active substance could still be under review, so products based on it may not yet require authorisation. HSE gives ethanol in hand sanitisers as an example. Companies supplying products remain responsible for ensuring their products are suitable, safe and effective.
Reading the label like a regulator
HSE tells users to read and understand the label before use and lists what to look for. Authorised or approved biocides can carry an authorisation number in one of several formats, such as those beginning UK-, GB- or NI-, or “HSE” followed by a number. The label should also state:
- What the product is authorised for. For example, use against ants, woodlice and cockroaches, or against mice indoors. HSE says the product must not be used for any other purpose.
- Who may use it. The general public (also called amateur or non-professional users), professional users, professional users with demonstrated competence, or industrial users.
- Protective equipment and access. Any gloves, coveralls or eye protection, and any need to restrict access during or after treatment.
- Environmental limits. Examples HSE gives include not treating close to water such as fishponds, not treating areas with roosting bats and not treating beehives.
- Storage and disposal. Cool, dry place, original container, locked up where stated; disposal as hazardous waste in line with local regulations.
Amateur products versus professional-only products
HSE is explicit that members of the public should only use biocidal products intended for the general public and should never use products intended only for professionals. Products for the public need no specific training; following the label carefully should be enough. Professional users are people who use biocides as part of their job or business and have received appropriate information, instruction and training.
HSE also draws a distinction that is easy to miss. Professional pest controllers do not need a “certificate of competence”, which applies to professional plant protection products, but certain biocidal products, some rodenticides and metal phosphide products, can only be used by and sold to professional users with demonstrated competence, including specific certification. The site’s guide to rodenticide rules covers that split for rat and mouse poisons, and pesticide storage and COSHH covers what professionals must do.
Start with alternatives
Before buying, HSE suggests asking whether there is a problem that needs controlling and whether a biocide is required. Its listed alternatives include non-chemical methods such as fly swatters and mouse traps, keeping pests out with properly sealed doors and windows, storing items in sealed containers, keeping the area clean, dry and well maintained, and, in some circumstances, using extreme heat such as steam. It adds that a non-professional who is unsure should consider a professional pest controller, and that HSE itself cannot recommend particular companies or products. See also the site’s guide to DIY prevention versus a professional.
Monitoring traps are treated differently
HSE says insect monitoring traps that are clearly labelled, sold and used as such are not considered within scope of the biocides regulation and do not need authorisation. They should be marketed solely for monitoring, without claims that they reduce, eliminate, kill or control the pest. A trap intended to reduce the population or for mass trapping may fall under the regulation. For buyers, the wording on the packaging is the clue.
Frequently asked questions
Does a “not on the HSE list” product break the law? Not necessarily, because HSE says an active substance may still be under review.
Can a householder use a professional-only product? No. HSE says members of the public should never use biocidal products intended only for professionals.
The bottom line
In Great Britain, pest products that work chemically or biologically are generally regulated as biocides, must be authorised before sale unless still under review, and must be used only as the label allows. Householders should choose products labelled for the general public, follow the label on purpose, protective equipment, storage and disposal, and leave professional-only products, including some rodenticides, to competent professionals. Northern Ireland is under the EU regime. This is general information, not a substitute for the product label.
Sources
- Health and Safety Executive, “Using biocides: Overview” (hse.gov.uk)
- Health and Safety Executive, “Biocides: introduction to regulation, supply and use” (hse.gov.uk)
- Health and Safety Executive, “Insect monitoring traps” (hse.gov.uk)