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3.—(1) The manufacturer of a disinfectant may apply to the Scottish Ministers for the approval of that disinfectant for use in cases where an order or regulations under the Animal Health Act 1981 specifies that an approved disinfectant must be used.
(2) The Scottish Ministers may only approve a disinfectant if they are satisfied–
(a)as to its efficacy and quality; and
(b)that it complies with the Biocidal Products Regulations 2001(1).
(3) The approval–
(a)must specify the dilution rate; and
(b)may contain other conditions to which the approval is subject.
(4) The Scottish Ministers–
(a)may test the disinfectant at any time; and
(b)must test it before approving it unless–
(i)the disinfectant has the same formulation as another disinfectant manufactured by the manufacturer whose application it is;
(ii)that other disinfectant is an approved disinfectant; and
(iii)approval is sought only for use in one or more of the circumstances in respect of which the other disinfectant is approved.
(5) The Scottish Ministers must publish a list of approved disinfectants specifying the dilution rate.
(6) In this article, “dilution rate” means the number of parts of water with which one part of an approved disinfectant is to be diluted.
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