We would like to inform you about our Farb-Gel-Spray (also known as "smurf spray"), which we offered as a non-harmful, visible dye spray intended for self-defence. We regret to report that we were not aware of the existing ban in Belgium, regulated by a circular under the weapons legislation. Below, we are happy to explain the situation.
Current context: ‘t Amerikaantje - Smurf spray in the news (HLN - VTM News)
1. What is Farb-Gel-Spray?
Farb-Gel-Spray is a so-called criminal identifier spray-a non-noxious dye spray that causes disorientation and conspicuous colour marking in an attacker. More importantly, it does not contain irritants such as OC (pepper spray), CS or other tear gas substances (Justice Belgium).
2. The situation in Belgium
In Belgium, the use of "objects intended to strike persons with toxic, asphyxiating, tear-inducing and similar substances" is banned via a circular within the weapons legislation (Justice Belgium). We quote Art. °10 on page 20 of the circular with total of 167 pages:
"... Our interpretation is that the Farb-Gel-Spray, because it also has blind/dye effect, would fall under that description of "similar substance", and is therefore not permitted (even if it is not tear gas) ... ."
Unfortunately, we have not established in advance that this is specifically prohibited in Belgium. We deeply regret this and take it very seriously.
3. Legal status in surrounding European countries
In contrast to Belgium, Farb-Gel-Spray does usually appear to be legal in other European countries:
- United Kingdom: Criminal identifier sprays like Farb-Gel are legal because they contain no noxious substances, despite the general ban on pepper spray. (keithborer.co.uk)
- Ireland: Farb-Gel complies with the Firearms Act, 1925, as it does not contain any harmful substances and is therefore permitted.
- Netherlands: TIW/Farb-Gel (Criminal Identifier) is explicitly offered as "100% legal" on many web shops and physical shops in the Dutch market - which includes our supplier (VRT News).
4. Our regret
We were unaware of the Belgian ban - in Belgium, a circular is not a legal text, but an official directive with binding interpretation. We mistakenly recognised the spray as legal because it is available in several other EU countries. For this, we apologise. We take this to heart and have since updated our communication to ensure that we explicitly exclude Belgium until more clarity is provided.
5. What does this mean for our customers?
- In Belgium: Until further notice, we cannot offer or supply the Farb-Gel-Spray due to the possible legal risk.
- In other European countries (such as the Netherlands, UK, Ireland, etc.): The spray is still available, as the legal status there is favourable - expressly because it contains no irritants or noxious substances.
Conclusion
We at 't Amerikaantje strive to keep you well informed and protected. We deeply regret the misunderstanding in Belgium and will be careful to be fully transparent about the legal status of our products on a country-by-country basis in the future.
We have prepared this article with the utmost care and best intentions. Nevertheless, interpretations or regulatory updates may differ from what is described here. We are fully open to comments, additions or corrections from our readers. 't Amerikaantje cannot accept any liability for the accuracy or completeness of the information contained in this article. Our aim is to communicate transparently and informatively; should you require legal certainty, we always recommend contacting the relevant authorities.