Turkey has announced rules for goods which are processed with or contain biocidal products. These rules address labelling for these products, as well as other topics such as documentation, analysis, and destruction.
The Communiqué on Goods Processed with Biocidal Products ("Communique") was published in Official Gazette number 30420 on 13 May 2018.
According to the Communiqué, supplying goods processed with biocidal products to the market is only possible if:
- The biocidal products (either used in
processing, or intentionally added to the goods):
- Have the necessary permits for that specific type of good; or
- Are registered to the biocidal product inventory.
- The goods comply with restrictions regarding active materials.
The Communiqué contains detailed rules for labelling, supply and audit of goods which are processed with biocidal products. Notable provisions include:
- Processed goods must be specially packaged and labelled to prevent confusion with food or beverages.
- Labels must not contain:
- Deceptive statements regarding risks to human or animal health, nor risks to the environment.
- Statements such as:
- Labels must contain:
- The importer or exporter's website and registered electronic e-mail.
- The goods' usage purposes.
- A declaration that the good contains one or more biocidal products, or these were used during processing.
- The product's biocidal effect (if it has been proven), and its permit number.
- Precautions for protecting humans, animals and the environment.
- Possible unwanted direct or indirect side effects.
- The biocidal effect's expiry date.
- Importers or exporters must prepare a technical file for processed goods which are supplied to the market. The importer or exporter must supply the technical files and/or other information if requested by the Ministry of Health ("Ministry") or an inspector appointed by the Ministry.
- Processed goods are inspected via
laboratory analysis of samples obtained as per:
- Law Number 4703, and
- Regulation on the Procedure and Principles of Market Surveillance and Inspection by the Ministry of Health.
- Goods which have expired, are unusable, or must be destroyed for another reason, as well as waste produced during production, transport, storage or usage processes, must be eliminated according to related legislation.
- Production, export, sale, deceptive advertisements (through media, press, distribution of flyers) or any misleading publicity, which contradicts the Communiqué are forbidden.
- Violations of the Communiqué
will be punishable under the:
- Law of misdemeanours number 5326.
- Law number 4703.
- Law on Protection of Consumers number 6502.
Please see this link for the full text of the Communiqué (only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.