Is your biocide compliant? If not, are you ready to pay a fine?

Is your biocide compliant? If not, are you ready to pay a fine?

It was published in official gazette the Legislative Decree n. 179 of 2 November 2021, Discipline of sanctions for the violation of the provisions of Regulation (EU) no. 528/2012 (BPR) relating to the making available on the market and use of biocidal products.

The penalties provided for in the event of violations in the sale and use of biocidal products are both administrative and criminal.

An example could be the violation of the authorization requirements: anyone who places on the market a biocidal product or a medical surgical device that is unauthorized or with an authorization that is no longer valid or revoked or in violation of the authorization requirements, is punished with imprisonment for up to three months and with a fine ranging from € 1,000.00 to € 10,000.00 . The same sanction is foreseen for a professional or industrial user who uses an unauthorized biocide or PMC or for a use not covered by the authorization.

The sanctions cover the various obligations deriving from the biocides regulation or from the decree relating to medical surgical aids such as advertising, labeling, violation of article 95 and the holding of registers of biocidal products produced and marketed.

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