It has been almost a year since the Biocide Law Implementation Ordinance (ChemBiozidDV) introduced stricter requirements for the sale of biocidal products in Germany as from 1 January 2025. The key points are the ban on self-service for certain types of products and the obligation to have expert knowledge, check buyers and conduct a sales consultation. The aim is to protect health, animals and the environment. The rules are based, among other things, on Sections 10–13 of the ChemBiozidDV and have been binding since the beginning of this year.
Product types and restrictions
The distribution restrictions apply to specific types of biocidal products in accordance with Annex V of Regulation (EU) No. 528/2012:
a) Absolute self-service bans (Section 10 (1) ChemBiozidDV):
- Product type 14 (rodenticides): products for controlling mice, rats and other rodents by means other than repellents or baits
- Product type 18 (insecticides, acaricides): products for controlling arthropods (insects, arachnids and crustaceans) by means other than repellents or baits
- Product type 21 (antifouling products): Products for controlling the growth and colonisation of fouling organisms on watercraft and other structures used in water
These may no longer be offered for sale without restriction.
b) Restricted self-service bans with mandatory dispensing (Section 10 (2)):
- Product type 7 (coating protection agents): products for protecting coatings against microbial damage or algae growth
- Product type 8 (wood preservatives): Products for protecting wood against wood-destroying organisms
- Product type 10 (protective agents for building materials): Products for protecting masonry and other building materials against harmful microorganisms and algae
In addition, a prior consultation is mandatory in this case.
Exceptions
These restrictions do not apply to products with simplified authorisation or professional users with verification.
A prior sales consultation in accordance with Section 10 (2) is not required if the person handing over the product is aware or if the purchaser can prove by presenting suitable documents that the biocidal product will be used during the purchaser’s professional activities.
Obligations for retailers and distributors
- Expert knowledge of the person dispensing the product (Section 13): The person dispensing the biocidal product must have special expert knowledge. This includes the technical knowledge and skills required to use the biocidal products properly and in accordance with their intended purpose. Expert knowledge must be demonstrated through appropriate training and certification.
- Purchaser check (Section 11 (2) No. 1): In addition, the dealer must check whether the purchaser belongs to the user category specified in the authorisation and intends to use the biocidal products in the intended and proper manner.
- Sales consultation (Section 11 (2) No. 2): Before the product is sold, a comprehensive sales consultation must be held with the customer. In accordance with Section 11 (2) No. 2 ChemBiozidDV, this consultation must cover the following topics:
- Possible preventive measures to control harmful organisms and alternative measures with low risk
- The intended and proper use of the biocidal product in accordance with the instructions for use
- The risks associated with use and possible risk mitigation measures
- The necessary precautions for proper use
- Proper storage and disposal
Special features of online trade (Section 12 ChemBiozidDV)
If the product is sold online or otherwise by mail order, Section 10 (2) and Section 11 (2) (buyer verification and sales consultation) apply, with the proviso that technical or organisational measures must be taken to ensure that, before the purchase contract for the biocidal product is concluded
- compliance with the requirements of Section 11 (2) (1) is verified by a person with expertise in accordance with Section 13 and
- a telephone or video conference in accordance with Section 11 (2) (2) is verifiably conducted by a person with expertise in accordance with Section 13.
Online sales therefore face challenges: the sales consultation must take place before the contract is concluded – it is not sufficient to simply provide a product description with safety instructions and disposal information. Instead, direct information exchange is required, e.g. by telephone or video call, with documented evidence. A purely recorded video consultation provided without live interaction is not sufficient.
Online retailers must implement technical interfaces or gateways in the checkout process: the purchase may only take place once the consultation has been conducted and documented. Many suppliers have therefore removed the affected product types from their online range or switched to B2B sales.
Sanctions and enforcement practice
Violations of the duty to provide information can have significant consequences: fines of up to €50,000, recalls and sales bans, as well as warnings under competition law – especially in e-commerce if there was no documented sales consultation.
Recommendations for practice
- Product range analysis: Classify your product types according to the Annex V list.
- Online processes: Implement a digital consultation workflow with expert knowledge, buyer verification and documentation.
- Use exceptions: Professional users with proof can bypass the consultation – check this.
- Training and certification: Document and keep up to date with proof of expertise.
- Contract and platform adaptation: Design delivery/distribution and platform contracts accordingly.
