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The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013

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This is the original version (as it was originally made).

PART 2Advertisements for dangerous preparations and penalties

3.  After regulation 5 insert—

“Advertisements for dangerous preparations

5A.—(1) Subject to paragraph (2), a person who supplies a dangerous preparation shall not advertise that preparation, or arrange for the production of any such advertisement, unless mention is made in the advertisement of the type of hazard indicated on the label.

(2) Paragraph (1) shall apply only in respect of a dangerous preparation where the advertisement enables a person, otherwise than in the course of a business, to conclude a contract to purchase the dangerous preparation before that person has seen the label relating to the dangerous preparation.

(3) In this regulation, “supply” has the same meaning as it has in section 46 of the Consumer Protection Act 1987.”.

4.  After regulation 14(1) insert—

“(1A) The maximum penalty for an offence under this regulation is—

(a)on summary conviction—

(i)in England and Wales, imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both;

(ii)in Scotland, imprisonment for a term not exceeding twelve months or a fine not exceeding the statutory maximum, or both; and

(b)on conviction on indictment, imprisonment for a term not exceeding two years, or a fine, or both.”

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