Surfachem | Biocidal Product Regulation

Same Biocidal Product Authorisation (SBPA)

A more flexible route, SBPA allows you to register your own product, under your own name, using a Letter of Access (LoA) from the supplier. This includes access to both the active and finished product data.

Advantages:

Fewer or no annual fees,
You maintain ownership and branding
You pay as needed for additional trade names or variations.

Each route has its place, depending on your budget, regulatory appetite, and commercial goals. Always weigh the upfront investment vs. long-term control.

Understanding the SBPA Route

In this chapter of our BPR series, we spotlight a strategic and increasingly flexible option for getting biocidal products to market — the Same Biocidal Product Authorisation (SBPA) route.

This model offers a powerful blend of regulatory alignment and commercial independence. Rather than building a dossier from scratch, companies can leverage an existing authorisation through a Letter of Access (LoA) provided by the dossier holder — often a supplier like Stepan Europe SAS.

How It Works (Simplified)

Through the SBPA route, your product must be identical to the reference authorised product — but the beauty is, you can still brand it under your own name. This is ideal for businesses that want to maintain identity while avoiding full dossier management.

Depending on the supplier and product, you may also gain access to:

Composition and manufacturing process data
Safety data sheets and efficacy testing
Flexibility in colour variations
Even personalised fragrance options as long as they don’t affect the product’s classification

Stepan’s framework, for instance, allows early-boarders this kind of customisation for their finished biocidal products — a valuable perk when aiming for both compliance and differentiation.

Commercial Realities

These agreements often come with volume commitments (e.g. sourcing BTC 50 E, AMMONYX LO, or BTC 888 E — depending on the product type). These commercial links acknowledge the supplier’s upfront investment in BPR dossier preparation and are a standard part of the SBPA support structure.

Why Choose SBPA?

No need to build your own BPR dossier
Reduced regulatory and financial risk
Maintain product branding and independence
Get to market faster, especially when you board early

If you’re interested in exploring this approach or have questions about how it might work for your business, feel free to get in touch.

Be Wary of Exemptions

If you’ve been following this series, you might be feeling pretty confident — and then you hit an exemption. It can be frustrating and humbling.

Exemptions don’t break the rules — they exist within them. But if you’re not fully aware, they can seriously catch you out.

A Real Example – Shared by an Industry Professional

Here’s a story shared with us by someone in the industry—someone who knows their way around regulatory frameworks but still got caught out by a small but important detail. It’s a reminder that even experienced professionals can be tripped up by the complexity of BPR.

They were working on a formulation that used sodium benzoate as a preservative in a PT6 (in-can preservation) product. Naturally, they went to check the Article 95 list. The supplier they planned to use wasn’t listed under PT6, so they assumed sodium benzoate couldn’t be used—and set about looking for alternatives.

But something didn’t quite add up. Sodium benzoate is widely used, and they’d seen it mentioned elsewhere. So they dug a little deeper and came across the Simplified Authorisation scheme—specifically, the Category A list. It turns out that sodium benzoate is on that list, which means it can legally be used in any product type, including PT6, without needing to come from an Article 95-listed supplier for that specific PT.

To be sure, they checked with colleagues and regulatory contacts, and finally got confirmation directly from HSE: it was indeed valid.

The Take-Home Message:

Even if you’re confident with BPR, always double-check. These regulations are layered, nuanced, and occasionally unintuitive. Exemptions exist—but they can be easily missed if you’re only following the main pathways. When in doubt, ask the authorities and always refer back to the regulation itself.

And that brings us to the end of our introductory series on the Biocidal Products Regulation (BPR). Hopefully, you’re now feeling a little more confident about navigating this complex regulatory landscape—whether you’re formulating, marketing, or managing compliance for biocidal products. While there’s no denying that BPR can be technical, layered, and occasionally frustrating, understanding the core principles, common pitfalls, and available routes to market can make all the difference.

As always, if in doubt, check the guidance, ask questions, and don’t be afraid to seek expert support.