Definitely chemical. It if doesn't grow it's not bio.
That's not true for biotoxins and this seems to be a biotoxin equivalent for irritants.
Apparently can be counteracted with application of milk/cheese to skin and wearing wraparound sunglasses over eyes .Annie
It´s definitive a chemical agent extracted from a plant. In this case Bhut Jolokia (Capsicum chinense), a species of Chili. BTW the agent of Pepper-spray isn´t Pepper (Piper nigrum), but Chili (Capsicum annuum). The main ingredient of Chili is the substance Capsaicin. This is probably also the case in Bhut Jolokia.
While it could accurately be called a chemical munition, one could also identify it as an incapacitant and not a toxic chemical munition (which would more accurately fall under the CWC constraints).