France publishes two decrees restricting the use of certain biocidal products

Two decrees were recently published in the Official Journal of the French Republic establishing restrictions on biocidal products under the Egalim Act. The two decrees prohibit specific commercial practices for Product Types (PTs) 14 and 18, as well as prohibit advertising to the general public for PTs 2, 4, 14, 18. Both decrees will enter into force on October 1, 2019 and apply to contracts concluded or renewed from that date.

For both decrees, the prohibitions do not apply to biocidal products eligible for the simplified authorization procedure (Article 25 of the BPR).

Decree No. 2019-642 of June 26, 2019 relating to prohibited commercial practices for certain categories of biocidal products

For biocidal products belonging to PT 14 (rodenticides) and PT 18 (insecticides), specific commercial practices are banned. Discounts, rebates, differentiation of general and special conditions of sale (terms of sale such as the scale of unit prices, price reductions, payment terms), delivery of free units and all equivalent practices are prohibited.

Decree No. 2019-643 of June 26, 2019 relating to commercial advertising for certain categories of biocidal products

For biocidal products belonging to the Product Types: PT 14 (rodenticides) and PT 18 (insecticides); and PT 2 (disinfectants) and PT 4 (disinfectants – food contact) and classified as Aquatic Acute category 1 (H400) and Aquatic Chronic category 1 (H410)

General public – Advertising is banned

Professional user – Advertising must be in compliance with article 72 of BPR ‘Advertising’

In addition, the following must appear clearly and legibly on any advertising:

- The two sentences: « Avant toute utilisation, assurez-vous que celle-ci est indispensable, notamment dans les lieux fréquentés par le grand public. Privilégiez chaque fois que possible les méthodes alternatives et les produits présentant le risque le plus faible pour la santé humaine et animale et pour l'environnement. » [“Before use, make sure that the use is essential, especially in places frequented by the general public. Wherever possible, use alternative methods and products with the lowest risk to human and animal health, and the environment.”]

- The Product Type