Chemicals Act (ChemA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 General Provisions
Art. 1 Purpose
This Act is intended to protect the lives and health of human beings against harmful effects arising from substances and preparations.
Art. 2 Scope
1 This Act applies to the handling of substances and preparations. 2 The handling of microorganisms is deemed equivalent to the handling of substances and preparations in so far as they are used in biocidal products or plant protection products. 3 The Federal Assembly may by means of an ordinance extend the scope of this Act or of individual provisions to include: a. organisms that have, or may have, dangerous properties within the meaning of this Act; b. the protection of the lives and health of farm and household animals. 4 The Federal Council shall provide for exemptions from the scope or from individual provisions of this Act in cases where: a. lives and health are adequately protected by other federal legislation against harmful effects arising from substances and preparations; b. substances and preparations are intended solely for through transit or export; c. general defence or the tasks of the police and customs authorities necessitate such exemptions.
Art. 3 Dangerous substances and preparations
1 Substances and preparations are deemed dangerous if they are capable of presenting a hazard to life or health as a result of physico-chemical or toxic effects. 2 The Federal Council shall specify the properties deemed dangerous and define categories of danger.
Art. 4 Definitions
1 In this Act: a. substances means chemical elements and their compounds in the natural state or obtained by any production process. A distinction is drawn between existing and new substances: 1. substances shall be deemed to be existing substances if they are designated as such by the Federal Council, 2. all other substances shall be deemed new; b. active substances means substances and microorganisms including viruses which on account of their action are designed to be used as biocidal products or plant protection products; c. preparations means mixtures or solutions composed of two or more substances; d. biocidal products means active substances and preparations that are not plant protection products and which are designed to: 1. deter, render harmless, destroy or otherwise control harmful organisms, or 2. prevent damage from being caused by harmful organisms; e. plant protection products means active substances and preparations that are designed to: 1. protect plants and plant prod
Section 2 Principles for the Handling of Substance
Art. 5 Self-regulation
1 Any manufacturer who places substances or preparations on the market shall be responsible for ensuring that they do not endanger life or health. In particular, the manufacturer shall: a. assess and classify substances and preparations according to their properties; b. package and label them in accordance with the type of hazard concerned. 2 The Federal Council shall issue regulations on the nature, extent and review of self-regulation. In particular, it shall specify: a. test methods, the principles of Good Laboratory Practice (GLP) and the criteria for assessment and classification; b. packaging and labelling requirements.
Art. 6 Placing on the market
Having completed the appropriate self-regulation procedures, the manufacturer shall be entitled to place substances and preparations on the market without the prior consent of the authorities. The following exceptions apply: a. notification is required for placing new substances on the market as such or as a constituent of a preparation (Art. 9); b. authorisation is required for placing biocidal products or plant protection products on the market (Art. 10 and 11).
Art. 7 Obligation to inform purchasers
1 Any person who places substances or preparations on the market must inform purchasers about properties and hazards relevant to health, and about the appropriate precautions and protective measures. 2 The Federal Council shall issue regulations concerning the nature, content and scope of such information, in particular the distribution and content of a safety data sheet.
Art. 8 Duty of care
Any person involved in the handling of substances or preparations must pay due regard to their dangerous properties and take any measures necessary to protect life and health. In particular, due consideration must be given to the relevant information provided by the manufacturer.