Chemicals Act (ChemA)

By Steph2
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In The Matter OfChemicals Act (ChemA)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 18 Reporting the details of substances and preparations

1 In cases where dangerous substances or preparations not subject to a mandatory notification or authorisation procedure are placed on the market, the manufacturer shall inform the notification authority of the following: a. the name and address of the manufacturer; b. the essential details concerning the identity of the product; c. the classification and labelling; d. the substances relevant to the classification. 2 In the case of certain substances and preparations, the Federal Council may waive, in part or in full, the requirement to provide such information, particularly if: a. on account of their properties or the intended use, information on the substances or preparations concerned is of little importance for the identification of risks or for prevention; b. they are supplied exclusively to professional or commercial users; or c. they are supplied in small amounts to a restricted circle of users. 3 It may, if this is important for the identification of risks or for prevention: a.

Art. 19 Regulations concerning substances

1 The Federal Council may issue special regulations: a. for certain substances and preparations that may endanger life or health; b. for articles containing substances or preparations as specified under letter a that may endanger life or health when they are used as intended or in a foreseeable way. 2 It may: a. impose restrictions on the way in which they are handled, and in particular produced, placed on the market and used; b. impose restrictions on the intended use for which a substance or preparation is placed on the market, and on the quality and form thereof; c. prohibit any handling if life and health cannot otherwise be protected; d. attach special conditions to exports; e. require articles to be labelled if certain substances are contained in or may be released from them; f. require certain poisonous plants and animals to be labelled as such if they are placed on the market; g. specify the classification and labelling of individual dangerous substances and set threshold conce

Art. 20 Advertising

1 The promotion and offering for sale of dangerous substances and preparations, and of preparations containing dangerous substances, must not give rise to misapprehensions regarding the hazards or encourage inappropriate handling. In the case of biocidal products, no misleading claims may be made regarding efficacy. 2 The Federal Council shall issue regulations on how reference is to be made to the hazards in such promotion and offering for sale.

Art. 21 Keeping, storage

Dangerous substances and preparations shall be kept and stored securely according to the type of hazard involved. In particular, they must: a. be protected against hazardous external influences; b. be inaccessible to unauthorised parties; c. be kept or stored in such a way as to prevent any risk of confusion, specifically with foodstuffs, or of their being used by mistake.

Art. 22 Obligation to return and to accept returns

1 Any person who supplies dangerous substances or preparations shall be obliged to accept them when returned by non-commercial users for appropriate disposal. Small quantities shall be returnable free of charge. 2 In the case of particularly dangerous substances and preparations, the Federal Council may stipulate that they are to be returned by the owner for disposal.

Art. 23 Theft, loss, inadvertent placing on the market

The Federal Council shall issue regulations concerning the measures that are to be taken when dangerous substances or preparations have been stolen, lost, or placed on the market by mistake.

Art. 24 Regulations concerning personal and technical qualifications

1 The Federal Council shall specify the personal and technical qualifications required by persons wishing to handle substances and preparations with particularly dangerous properties or in specific categories of danger or carrying special risks. It shall establish a licensing requirement if this is necessary to protect life and health. 2 It shall specify how the necessary expertise may be acquired.

Art. 25 Measures required in commercial and educational establishments

1 Any person who is involved in the handling of substances and preparations by way of profession or trade shall be obliged to take such measures to protect the life and health of employees as are necessary in the light of experience, practicable according to the state of technological development and appropriate to the circumstances of the establishment concerned. Subject to the provisions of Articles 42 and 45, the present provision shall be implemented in accordance with the Labour Law of 13 March 1964 and the Federal Law of 20 March 1981 on Accident Insurance. 2 In commercial and educational establishments where dangerous substances or preparations are handled by way of profession or trade, a person is to be designated who is responsible for questions of appropriate handling and who can provide the enforcement authorities with the necessary information (Art. 42 Para. 2). This person shall be required to have the necessary technical qualifications and operational authority. The canto

Para. 1 — SR 822.11 Para. 1 — SR 832.20

Art. 25a Reducing the risks of biocidal product use

1 The risks to human beings, animals and the environment of using biocidal products shall be reduced and the quality of drinking water, surface waters and the groundwater shall be improved. 2 The Federal Council shall by 2023 specify: a. the relevant risk areas; b. the targets for reducing unacceptable risks in these areas; c. the methods to be used to measure whether the targets have been achieved.

Art. 25a — Inserted by No I 1 of the FA of 19 March 2021 on Reducing the Risks of Pesticide Use, in force since 1 Jan. 2024 (AS 2022 263; 2023 708; BBl 2020 6323, 6569).