EM and regulation: what the law says in the UK, Ireland and the EU about effective microorganisms

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The same blend of microorganisms can end up in a watering can, a cleaning bucket, a feeder or a glass. Yet the law treats it differently in each of these cases. It is not the presence of microorganisms that determines a product's status, but the use it is intended for and the claims made about it.

This guide sets out the main frameworks that apply in the European Union, and therefore in Ireland; the United Kingdom, which is no longer in the EU, has its own rules, often similar in principle. It will help you read a label and understand why we use cautious wording throughout this guide.

The principle: use and claims determine status

Depending on what it claims, an EM-based product may fall under very different regimes:

• feeding plants or improving the soil: fertilising product or biostimulant;
• protecting plants against diseases or pests: plant protection product;
• cleaning: detergent;
• disinfecting, destroying germs or algae: biocide;
• feeding an animal: animal feed or additive; treating it: veterinary medicine;
• being drunk or eaten: food;
• being applied to the body: cosmetic.

The stronger the claim, the stricter the regime. A cleaning product that started claiming to « kill bacteria » would change category and would need an authorisation it does not have.

Key points

The same liquid can be legal as a cleaner and illegal as a disinfectant. What counts is the claim written on the label, on a website or in an advert.

In the garden: fertiliser, biostimulant or neither

Fertilisers, growing media and biostimulants are subject to national rules that vary from country to country, alongside the European framework; in the UK, these products are governed by British legislation. Check the regulations in your country before relying on any claim.

The European regulation, Regulation (EU) 2019/1009, allows a microbial biostimulant to be sold with the CE marking throughout the Union. But at present it only permits this for four groups of microorganisms: Azotobacter, Azospirillum, Rhizobium and mycorrhizal fungi, with no treatment other than drying or freeze-drying. EM are not among them. An extension of the list is in preparation, with the first additions expected from 2027.

In addition, EU organic farming regulations allow the use of microorganism preparations to improve the general condition of the soil or the availability of nutrients. That does not, however, make these preparations fertilisers.

That is why we never present an EM product as a fertiliser or a biostimulant, and why our gardening guides, such as Using EM in the vegetable garden, talk about a « microbial preparation for the soil ».

Protecting plants: the plant protection product regime

Any product intended to protect plants against harmful organisms (fungi, insects, bacteria) is a plant protection product within the meaning of Regulation (EC) No 1107/2009. Microorganisms are no exception: they must be approved as active substances at European level, and the product must then obtain a national authorisation. The UK operates its own approval system along the same lines. Using, or possessing for use, an unauthorised product is an offence under national law.

To our knowledge, no EM product is authorised on this basis. A foliar product can therefore be presented as a plant care product, never as protection against mildew or aphids. That is the whole point of our guide Spraying EM on foliage with Previsan S.

Cleaning or disinfecting: detergent or biocide

Regulation (EU) No 528/2012 defines a biocide as a product intended to destroy, deter, render harmless, prevent the action of, or otherwise exert a controlling effect on harmful organisms by any means other than mere physical or mechanical action. Disinfectants, algaecides and pool treatments fall into this category. They require approved active substances and an authorisation.

An EM cleaner that simply cleans and reduces odours remains a detergent. The new European detergents regulation, Regulation (EU) 2026/405, applicable from 23 September 2029, specifically governs detergents containing microorganisms:

• strains precisely identified (genus, species and strain) by sequencing their genome, and deposited in a recognised collection;
• absence of genetically modified microorganisms and of certain pathogens;
• susceptibility of the strains to the main classes of antibiotics;
• a minimum quantity of live microorganisms and a shelf life of at least 18 months;
• a safety assessment and a statement on the label if the product must not be used on food-contact surfaces;
• a ban on suggesting an antimicrobial or disinfecting effect, unless the product is an authorised biocide.

Products placed on the market before that date under the current rules may continue to be sold.

We explain how to use an EM cleaner properly in our guide Natural cleaning with EM Clean.

Did you know?

A 2015 European decision ruled that bacterial cultures intended to reduce sludge and organic matter in ponds are not biocides, even if they limit algae as a side effect. They would become biocides if they were sold as algaecides.

Ponds, swimming pools and watercourses

For a pond, the same logic applies: you can talk about helping sludge break down, not about getting rid of algae. For a swimming pool, products that disinfect the water are biocides, and pools open to the public are also subject to public health rules (see EM and swimming pools). Finally, environmental law punishes discharges that harm aquatic environments: never pour anything into a river or public pond, not even EM balls.

Animals: feed, additive or medicine

• Animal feed (feed materials, complementary feeds such as fermented bran) is governed by Regulation (EC) No 767/2009. Claims must be objective and verifiable, and may not attribute to the feed the property of preventing, treating or curing a disease, apart from rare exceptions provided for in the legislation.
• Additives, including microorganisms added for a specific effect (silage preservatives, gut flora stabilisers), fall under Regulation (EC) No 1831/2003 and must be authorised at European level.
• Where the status is in doubt, a product claiming a health effect is treated as a veterinary medicine.

Drinks, salt and cosmetics

EM drinks and salt are foods. Regulation (EC) No 1924/2006 only permits health claims that appear on a European list. The word « probiotic » is regarded as a health claim, and none is authorised; some countries tolerate it only on food supplements, under conditions.

Body soap and toothpaste are cosmetics, governed by Regulation (EC) No 1223/2009: safety assessment, a responsible person in the Union, truthful and substantiated claims, no promise of treatment. Full details are in our guide EM drinks, salt, soap and toothpaste.

Ceramics: objects

EM ceramics are objects. When placed in drinking water, they become food-contact materials, which must not release anything harmful into the water. As with any product, the claims that accompany them must be fair: presenting an unproven effect as established may amount to a misleading commercial practice.

Environmental claims

Directive (EU) 2024/825 bans generic environmental claims, such as « eco-friendly » or « environmentally friendly », where the seller cannot demonstrate recognised excellent environmental performance. Member States were required to transpose it for application from 27 September 2026. In the UK, consumer protection law also prohibits misleading environmental claims. A natural product is not exempt from these rules: describe its composition, not its virtues.

How to read a label

• The stated use: cleaning, feeding, care? It indicates the product's regime.
• An authorisation number: if there is one, it appears on the label. Its absence is perfectly normal for a detergent or a food, but it rules out any claim of disinfection or plant protection.
• The composition, the use-by date and the batch number.
• Precautions: incompatibilities, storage, any hazard statements.

Emy's tip

Be wary of words such as « disinfects », « anti-algae », « cures », « protects against » or « probiotic » on a product that is neither an authorised biocide, nor an authorised plant protection product, nor a food supplement: ask the seller before you buy.

To find out what studies really show, beyond legal status, read our guide What science says about EM.

In summary

In the European Union, as in the UK, an EM product has no single status: its use and its claims determine whether it is classed as a fertilising product, plant protection product, detergent, biocide, animal feed, food or cosmetic. EM cannot be sold as CE-marked biostimulants and, to our knowledge, none is authorised as a plant protection product or as a disinfectant. That is why we talk about fermentation, cleaning, care and composition, never about treating, disinfecting or fertilising.

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