Following discussions with the Health and Safety Executive (HSE), OATA wishes to remind retailers of biocidal products containing barley straw extract that Control of Pesticides Regulation (COPR) Approval for this active substance was revoked by the HSE on Tuesday 19 November 2019.

OATA has been advised that this revocation applies to biocidal products where barley straw extract is an active substance, independent of whether such products contain 100% of the extract or where the extract is part of a formulated mixture, containing other ingredients. The revocation only applies to barley straw extract, it does not apply to raw, chopped barley straw which is considered not to be a biocide.

Therefore, any retailer who is supplied by an Approval Holder company which has not been granted a grace period by the HSE is no longer permitted to make any further sales of such products. Non-compliance will be subject to enforcement by Local Authority Trading Standards Departments. With regards to the disposal of such products, affected retailers should contact their supplier, as disposal of large amounts of product will fall within the remit of local Environment Agency offices.

A number of Approval Holder companies were granted a grace period to make such products available for sale until 1 August 2020. OATA is aware that of these companies, four are OATA members these being: Ecoponds, Interpet, King British and NT Labs.

Retailers supplied by such companies should check that they are able to take advantage of the granted grace period. However, please note that the extended grace period of 1 August 2020 is in relation to the entire supply chain i.e. this will include retailers. We have been advised by the HSE that such retailers will be expected to expedite sale through the supply chain as there will be no further extension beyond the August deadline.

Export to overseas markets i.e. countries outside of the EU is acceptable but is only available to manufacturers, it is not an available option to suppliers, distributors etc. Manufacturers who wish to export to non-EU countries should be aware of other health and safety legislation, labelling requirements that are required by destination countries.

There will be no change to this revocation in the event that the UK leaves the EU either under a deal or no deal scenario. A reconsideration of this decision is only likely in the event that a new application is made for this active substance to be approved.