Biocidal Products Regulations 2026.

The Biocidal Products Regulations 2026, is subsidiary legislation made under section 13 of the Treaty on Gibraltar and the European Union Act 2026 to implement Article 219(4) of the Agreement concerning Gibraltar between the European Union, Euratom and the United Kingdom in respect of Gibraltar, specifically in relation to the regulation of biocidal products and treated articles, authorisation of biocidal products, and protection of human health, animal health and the environment. The Regulations prohibit the making available on the market or use of a biocidal product unless it is covered by an EU authorisation or a domestic authorisation and complies with the conditions of that authorisation. They also establish a domestic authorisation procedure for products not covered by a valid EU authorisation, requiring the competent authority to be satisfied that the active substances are approved, the product is effective, and that the product has no unacceptable effects on target organisms, human health, animal health or the environment. The instrument regulates research and development involving unauthorised products or non-approved active substances, including notification, controlled conditions, record-keeping and prior written consent where environmental release may occur. It also regulates treated articles, requiring approved active substances, labelling where biocidal properties are claimed or required, consumer access to information, and compliance with conditions attached to active substance approvals. The instrument sets detailed classification, labelling, packaging and advertising requirements for biocidal products, including identification of active substances and nanomaterials, authorisation numbers, authorised uses, directions for use, adverse effects, first aid, disposal instructions, environmental warnings and restrictions on misleading claims such as “non-toxic”, “harmless”, “natural”, “environmentally friendly” or “animal friendly”. It requires the Government to designate a competent authority and empowers inspectors to enter premises, inspect products and treated articles, take samples, require records, seize non-compliant products and issue improvement or prohibition notices.