Food and feed derogations

Biocidal products made available on the market in Great Britain (GB) that contain food or feed as a repellent or attractant are within the scope of the GB Biocidal Products Regulation (GB BPR).

Making available on the market means any supply of a biocidal product, whether in return for payment or free of charge, at all stages of the supply chain. Some examples of this could include:

  • manufacturer to distributor
  • distributor to retail store
  • retail store to user

Food and feed that is made available on the GB market only as food and feed, and not with the intention that it be used as a repellent or attractant in a biocidal product, is not within the scope of GB BPR.

For example, if a homeowner buys peanut butter at the supermarket and uses it to bait a mousetrap, that is not within scope of GB BPR – but if a company supplies a mousetrap pre-baited with peanut butter, that is within scope of GB BPR.

Find out more about the scope of GB BPR[67].

Biocidal products that contain food and feed can only be supplied in GB once:

There are a select number of products containing food and feed that are currently on the GB market under derogations issued by HSE - you can find details of these on the list of UK authorised biocidal products[70]. The system for granting food and feed derogations is now closed and HSE is unable to issue any further derogations. You can find out more about why we have derogations and why no more can be granted below.

The same approach is followed in Northern Ireland (NI) following the EU Biocidal Products Regulation (EU BPR). However, there may be differences in the status of active substances and product authorisations between the two regimes. You should check the BPR active substance list[71]and UK authorised biocidal products[72], specifically the NI tabs. If you require further advice for products containing food and feed in NI please submit your enquiry to ni.biocides@hse.gov.uk.

Why we have derogations

Products containing active substances that are under review for the relevant product type as part of the GB review programme may continue to be made available on the market under other national law in GB, such as the Control of Pesticides Regulations (COPR)[73], whilst they transition to authorisation under GB BPR.

Many food and feed active substances were not originally supported in the review programme by the relevant deadline, and COPR was 'switched off' for repellent and attractant products containing these substances. To allow biocidal products containing food and feed active substances to benefit from the same transitional provisions as products containing other active substances in the review programme, for a limited time, companies could apply for a derogation for their products.

COPR continues to remain 'switched off' for products containing food and feed active substances and, since the deadline of 30 October 2014, new derogations for such products can no longer be issued. Therefore, new biocidal products containing food and feed active substances must receive product authorisation[74] under GB BPR before they can be made available on the GB market.

Food and feed substances on the GB Simplified Active Substance List

The following food and feed substances are included on the GB Simplified Active Substance List[75]:

  • d-fructose (CAS no: 57-48-7, EC no: 200-333-3)
  • honey (CAS no: 8028-66-8)
  • vinegar (food grade containing a maximum of 10 % acetic acid) (CAS no: 8028-52-2)
  • cheese
  • powdered egg
  • saccharomyces cerevisiae (yeast) (CAS no: 68876-77-7)
  • concentrated apple juice

If you want to supply a biocidal product based on any of these active substances in GB, you can apply for product authorisation[76] under GB BPR now, but you must wait for the authorisation to be granted before placing the product on the GB market.

Food and feed substances in the GB review programme

The following food and feed substances are supported in the GB review programme via a specific provision in the GB Review Regulation (the law that implements the GB review programme), and products based on them do not qualify for the normal transitional provisions given to other review programme active substances:

  • orange, sweet, ext (extractives and their physically modified derivatives such as tinctures, concretes, absolutes, essential oils, oleoresins, terpenes, terpene-free fractions, distillates, residues, etc, obtained from Citrus sinensis, Rutaceae) (CAS No: 8028-48-6, EC No: 232-433-8)
  • garlic, ext (extractives and their physically modified derivatives such as tinctures, concretes, absolutes, essential oils, oleoresins, terpenes, terpene-free fractions, distillates, residues, etc, obtained from Allium sativum, Liliaceae) (CAS No: 8008-99-9, EC No: 232-371-1)

If you want to supply a biocidal product based on any of these active substances in GB, and do not have a valid GB food and feed derogation, you must wait for the active substance to be approved under GB BPR before applying for product authorisation[77]. You must wait for the authorisation to be granted before placing the product on the GB market.

If you have a valid food and feed derogation in GB for a product based on any of these active substances, you must apply for product authorisation by the active substance approval date to remain on the market. Failure to submit an application to HSE by the deadline will result in your derogation being cancelled and the following phase-out periods will apply:

  • 180 days for supplying the biocidal product in GB and
  • 365 days for using the biocidal product in GB

Other food and feed active substances

Food and feed active substances that are not already approved, included on the GB Simplified Active Substance List, or supported in the GB review programme can still be supported for approval outside of the review programme, or they may be eligible for inclusion on the GB Simplified Active Substance List. Find out more about supporting an active substance[78].

Link URLs in this page

  1. Biocideshttps://www.hse.gov.uk/biocides/index.htm
  2. Biocides: Introductionhttps://www.hse.gov.uk/biocides/introduction.htm
  3. Overviewhttps://www.hse.gov.uk/biocides/regulated/index.htm
  4. Biocides: active substance statushttps://www.hse.gov.uk/biocides/checking/index.htm
  5. Importing and exportinghttps://www.hse.gov.uk/biocides/importing.htm
  6. Certificates of Free Sale and Export Statementshttps://www.hse.gov.uk/biocides/certificates-of-freesale.htm
  7. Treated articleshttps://www.hse.gov.uk/biocides/treated-articles.htm
  8. Monitoring trapshttps://www.hse.gov.uk/biocides/monitoring-traps.htm
  9. Article 3(3) decisions on scopehttps://www.hse.gov.uk/biocides/decisions-on-scope.htm
  10. In situ generationhttps://www.hse.gov.uk/biocides/in-situ-generation.htm
  11. Get product on UK markethttps://www.hse.gov.uk/biocides/market.htm
  12. Overviewhttps://www.hse.gov.uk/biocides/using.htm
  13. Honey beeshttps://www.hse.gov.uk/biocides/honey-bees.htm
  14. Rodenticideshttps://www.hse.gov.uk/biocides/rodenticides.htm
  15. Reporting exposurehttps://www.hse.gov.uk/biocides/reporting.htm
  16. Biocides enforcementhttps://www.hse.gov.uk/biocides/enforcement.htm
  17. Authorities and activitieshttps://www.hse.gov.uk/biocides/enforcement-authorities.htm
  18. Overviewhttps://www.hse.gov.uk/biocides/active-substance-approval.htm
  19. UK Review Programmehttps://www.hse.gov.uk/biocides/review-regulation.htm
  20. Active substances: How to applyhttps://www.hse.gov.uk/biocides/how-to-apply.htm
  21. Simplified active substanceshttps://www.hse.gov.uk/biocides/simplified-actives.htm
  22. The GB List of Active Substanceshttps://www.hse.gov.uk/biocides/uk-list-active-substances.htm
  23. GB Article 95: The basicshttps://www.hse.gov.uk/biocides/uk-article-95-basics.htm
  24. GB Article 95: How to applyhttps://www.hse.gov.uk/biocides/uk-article-95-how-to-apply.htm
  25. The GB Article 95 Listhttps://www.hse.gov.uk/biocides/uk-article-95-list.htm
  26. Technical equivalence of an active substancehttps://www.hse.gov.uk/biocides/technical-equivalence.htm
  27. Overviewhttps://www.hse.gov.uk/biocides/product-authorisation-overview.htm
  28. National authorisationhttps://www.hse.gov.uk/biocides/national-authorisation.htm
  29. Simplified authorisationhttps://www.hse.gov.uk/biocides/simplified-product-authorisation.htm
  30. Same biocidal product authorisationhttps://www.hse.gov.uk/biocides/same-biocidal-product.htm
  31. Change or cancel a biocidal product authorisationhttps://www.hse.gov.uk/biocides/change/index.htm
  32. Renew an existing product authorisationhttps://www.hse.gov.uk/biocides/renew.htm
  33. Research and developmenthttps://www.hse.gov.uk/biocides/research.htm
  34. Essential use authorisationhttps://www.hse.gov.uk/biocides/essential-use-authorisation.htm
  35. Critical situation permitshttps://www.hse.gov.uk/biocides/critical-situation-permits.htm
  36. Food and feed derogationshttps://www.hse.gov.uk/biocides/derogation.htm
  37. Unfettered access notificationhttps://www.hse.gov.uk/biocides/unfettered-access-notification.htm
  38. Overviewhttps://www.hse.gov.uk/biocides/uk-authorised-biocidal-products.htm
  39. Advertisement requirementshttps://www.hse.gov.uk/biocides/advertisement-requirements.htm
  40. Packaging and labelling requirementshttps://www.hse.gov.uk/biocides/packaging-labelling-requirements.htm
  41. Record keepinghttps://www.hse.gov.uk/biocides/recording-keeping-reporting.htm
  42. Informing NPIShttps://www.hse.gov.uk/biocides/informing-npis.htm
  43. Overviewhttps://www.hse.gov.uk/biocides/data-protection.htm
  44. Access to documents: Biocidal active substances and productshttps://www.hse.gov.uk/biocides/access-to-documents.htm
  45. Data sharing in GBhttps://www.hse.gov.uk/biocides/data-sharing.htm
  46. Vertebrate testinghttps://www.hse.gov.uk/biocides/vertebrate-testing.htm
  47. GB BPR feeshttps://www.hse.gov.uk/biocides/fees.htm
  48. Biocides regulationshttps://www.hse.gov.uk/biocides/regulations.htm
  49. Northern Irelandhttps://www.hse.gov.uk/biocides/northern-ireland.htm
  50. Existing products: Transfer to GB BPRhttps://www.hse.gov.uk/biocides/transfer-from-uk-national-law.htm
  51. Overviewhttps://www.hse.gov.uk/biocides/copr/index.htm
  52. COPR approval: how to applyhttps://www.hse.gov.uk/biocides/copr/application.htm
  53. COPR product approval typeshttps://www.hse.gov.uk/biocides/copr/approvals.htm
  54. COPR approved productshttps://www.hse.gov.uk/biocides/copr/approved.htm
  55. COPR feeshttps://www.hse.gov.uk/biocides/copr/fees.htm
  56. COPR labellinghttps://www.hse.gov.uk/biocides/copr/labelguidance.htm
  57. Conditions of approvalhttps://www.hse.gov.uk/biocides/copr/conditions.htm
  58. Open invitations and notificationshttps://www.hse.gov.uk/biocides/open-invitations-notifications.htm
  59. Consultations and surveyshttps://www.hse.gov.uk/biocides/consultations.htm
  60. Consultations: Submitting informationhttps://www.hse.gov.uk/biocides/consultations-submitting.htm
  61. Overviewhttps://www.hse.gov.uk/biocides/information.htm
  62. Glossaryhttps://www.hse.gov.uk/biocides/glossary.htm
  63. Useful linkshttps://www.hse.gov.uk/biocides/links.htm
  64. Contacthttps://www.hse.gov.uk/biocides/contact.htm
  65. Service standardshttps://www.hse.gov.uk/biocides/servicestandards.htm
  66. Temporary changes to GB biocides application processing timeshttps://www.hse.gov.uk/biocides/temporary-changes-application-processing-time.htm
  67. Find out more about the scope of GB BPRhttps://www.hse.gov.uk/biocides/regulated/index.htm
  68. approved as an active substance in GB or included on the GB Simplified Active Substance Listhttps://www.hse.gov.uk/biocides/uk-list-active-substances.htm
  69. product authorisationhttps://www.hse.gov.uk/biocides/product-authorisation-overview.htm
  70. UK authorised biocidal productshttps://www.hse.gov.uk/biocides/uk-authorised-biocidal-products.htm
  71. BPR active substance listhttps://www.hse.gov.uk/biocides/uk-list-active-substances.htm
  72. UK authorised biocidal productshttps://www.hse.gov.uk/biocides/uk-authorised-biocidal-products.htm
  73. the Control of Pesticides Regulations (COPR)https://www.hse.gov.uk/biocides/copr/index.htm
  74. product authorisationhttps://www.hse.gov.uk/biocides/product-authorisation-overview.htm
  75. GB Simplified Active Substance Listhttps://www.hse.gov.uk/biocides/uk-list-active-substances.htm
  76. product authorisationhttps://www.hse.gov.uk/biocides/product-authorisation-overview.htm
  77. product authorisationhttps://www.hse.gov.uk/biocides/product-authorisation-overview.htm
  78. Find out more about supporting an active substancehttps://www.hse.gov.uk/biocides/active-substance-approval.htm
  79. The law - resourceshttps://www.hse.gov.uk/biocides/information.htm#law
  80. UK authorised biocidal productshttps://www.hse.gov.uk/biocides/uk-authorised-biocidal-products.htm
  81. The GB List of Active Substanceshttps://www.hse.gov.uk/biocides/uk-list-active-substances.htm
  82. Brexit: Implications for Northern Irelandhttps://www.hse.gov.uk/biocides/northern-ireland.htm
  83. Product authorisation overviewhttps://www.hse.gov.uk/biocides/product-authorisation-overview.htm
  84. Biocides feeshttps://www.hse.gov.uk/biocides/fees.htm
  85. Existing products: Transfer to GB BPRhttps://www.hse.gov.uk/biocides/transfer-from-uk-national-law.htm
  86. Biocides: The basics overviewhttps://www.hse.gov.uk/biocides/regulated/index.htm
  87. Active substance approval overviewhttps://www.hse.gov.uk/biocides/active-substance-approval.htm

Glossary of abbreviations/acronyms on this page

COPR
Control of Pesticides Regulations

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Updated 2025-03-12