Consumer Products (Control of Biocides) Bill [HL]

1 Prohibition on use of biocides

(1)

It is an offence for a product to be made available for public sale from five
years after the day on which this Act is passed if it—

(a)

is a cosmetic product, a personal care product, or a treated article, and

(b)

contains biocides

unless the product is exempted under section 2 .

(2)

A person who commits an offence under section 1 (1) is liable, on summary
conviction, to a fine not exceeding level 5 on the standard scale.

(3)

Where an offence under this Part has been committed by a body corporate
and it is proved that the offence—

(a)

has been committed with the consent or connivance of a person falling
within subsection (4) , or

(b)

is attributable to any neglect on the part of such a person,

that person (as well as the body corporate) is guilty of that offence and is
liable to be proceeded against and punished accordingly.

(4)

The persons are—

(a)

a director, manager, secretary or other similar officer of the body;

(b)

any person who was purporting to act in such a capacity.

2 Exemptions from prohibition

A product is exempt from section 1 if—

(a)

it is medical in nature,

(b)

it is proven to be environmentally safe under real-world conditions,
or

(c)

the producer can demonstrate that the efficacy of the produce is
significantly enhanced by the use of the biocide without undue
environmental impact.

3 Biocidal Consumer Products Advisory Board

(1)

Within six months of the day on which this Act is passed the Secretary of
State must establish a Biocidal Consumer Products Advisory Board (“the
Board”).

(2)

The Board must—

(a)

keep under review scientific and social evidence on the use and effect
of biocides in consumer products in the United Kingdom, particularly
regarding microbiotoxicity and its effects on antimicrobial resistance,

(b)

give to any one or more Ministers, where either the Board consider it
expedient to do so or they are consulted by the Minister or Ministers
in question, advice on measures (whether or not involving alteration
of the law) which in the opinion of the Council ought to be taken in
relation to those biocides,

(c)

review, on request from the producer or the Secretary of State, an
advertising claim relevant to section 6 (marketing of biocidal products),

(d)

consider any matter relating to the use of biocides in relevant consumer
products which may be referred to them by any one or more of the
Ministers and advise the Minister or Ministers in question thereon,
and

(e)

advise the Secretary of State with respect to any communication
referred by him or her to the Board, being a communication relating
to the control of any dangerous or otherwise harmful biocide made
to the Government by any organisation or authority established by or
under any treaty, convention or other agreement or arrangement to
which that Government is a party.

4 Power to ban the sale of a biocidal consumer product

(1)

The Secretary of State may by regulations made by statutory instrument
prohibit the sale of a biocidal consumer product if it presents a danger on
the grounds of—

(a)

microbiotixicity, or

(b)

the generation of antimicrobial resistance.

(2)

Regulations issued under subsection (1) may, but need not be, based on advice
from the Biocidal Consumer Products Advisory Board.

(3)

If the Board does recommend regulations to be made under this section, the
Secretary of State must make them within three months of that
recommendation being made.

(4)

A statutory instrument containing regulations under this Act may not be
made unless a draft of the instrument has been laid before and approved by
a resolution of each House of Parliament.

5 Monitoring the impact of biocides in biocidal consumer products

At least once every two years the Secretary of State must produce and lay
before Parliament a report on the impact of biocides in consumer products
on—

(a)

the natural environment, and

(b)

human health, in particular antibiotic resistance.

6 Marketing of biocidal products

(1)

Subject to subsection (2) , from one year after the day on which this Act is
passed, it is an offence for the marketing of a consumer product containing
biocides to implicitly or explicitly claim that it is more effective than a soap-
or alcohol-based sanitiser, unless that claim has been proven to the satisfaction
of the Biocidal Consumer Products Advisory Board.

(2)

A person who commits an offence under section 6 (1) is liable, on summary
conviction, to a fine not exceeding level 5 on the standard scale.

(3)

Where an offence under this Part has been committed by a body corporate
and it is proved that the offence—

(a)

has been committed with the consent or connivance of a person falling
within subsection (4) , or

(b)

is attributable to any neglect on the part of such a person, that person
(as well as the body corporate) is guilty of that offence and is liable
to be proceeded against and punished accordingly.

(4)

The persons are—

(a)

a director, manager, secretary or other similar officer of the body;

(b)

any person who was purporting to act in such a capacity.

7 Definitions

In this Act—

“
biocide” means a substance with known or reasonably suspected
antimicrobial effects, but does not include edible substances or
commonly-used natural substances;

“
cosmetic product” means any substance or mixture intended to be placed
in contact with the various external parts of the human body
(epidermis, hair system, nails, lips and external genital organs) or with
the teeth and the mucous membranes of the oral cavity with a view
exclusively or mainly to cleaning them, perfuming them, changing
their appearance, protecting them, keeping them in good condition or
correcting body odours;

“
personal care product” means a product which may be applied externally
on a person’s body or on their teeth and mucous membrane of the
oral cavity, in order to make them clean, protect them from harmful
germs and keep them in good condition;

“
treated article” means any substance, mixture or article which has been
treated with, or intentionally incorporates, one or more biocidal
products.

8 Extent, commencement and short title

(1)

This Act extends to England and Wales only.

(2)

This Act comes into force on the day on which this Act is passed.

(3)

This Act may be cited as the Consumer Products (Control of Biocides) Act
2024.