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 Cantons
Art. 31 Enforcement
1 In so far as the federal government is not responsible, this Act shall be enforced by the cantons. They shall ensure that the authorities responsible for enforcing this Act coordinate their activities with the enforcement authorities responsible for workplace safety and for environmental protection. 2 They shall implement decisions issued by the federal authorities, when requested to do so by the latter.
Art. 32 Cantonal regulations
The cantons shall issue the organisational regulations for enforcement and shall notify the federal government thereof.
Section 2 Federal Government
Art. 33 Supervision
1 The federal government shall supervise the enforcement of this Act. 2 It shall coordinate cantonal enforcement measures in so far as uniform enforcement is deemed desirable. To this end, it may in particular: a. impose a duty on the cantons to inform the federal government about enforcement measures; b. prescribe measures to ensure uniform enforcement by the cantons; c. in exceptional circumstances, order the cantons to take specific enforcement measures; d. support continuing education and training for the enforcement authorities.
Para. 2 let. d — The amendment in accordance with the Federal Act of 20 June 2014 on Continuing Education and Training, in force since 1 Jan. 2017 relates only to the French and Italian texts (AS 2016 689; BBl 2013 3729).
Art. 34 Enforcement powers of federal government
1 The federal government shall enforce: a. Article 5 paragraph 1 letter a (assessment and classification of substances and preparations) and the requirements based on Article 5 paragraph 2 letter a; b. Article 7 (manufacturer’s obligation to inform purchasers); c. Articles 9–17 (notification of and authorisation for specific substances and preparations); d. Article 18 (reporting of details of substances and preparations); e. Article 19 paragraph 2 letter d (exports); f. Articles 26–30 (documentation and information), with the exception of Article 28 paragraph 3. 2 It may delegate responsibility to the cantons for individual parts of the tasks specified in paragraph 1 or request their participation in specific parts of tasks. 3 The federal government is responsible for enforcement with regard to the following matters: a. installations, activities, substances and preparations required for the purposes of national defence; b. imports, through transit or exports.
Art. 35 Coordination
1 The Federal Council shall determine which assessment authorities are to be involved in the procedures and reviews specified in Chapter 2. 2 If under different items of legislation substances or preparations must be notified to or authorisation granted by more than one federal authority, it shall designate a joint notification authority. 3 The Federal Council shall regulate the cooperation between the federal authorities involved.
Art. 36 Delegation of enforcement tasks
The Federal Council may delegate enforcement tasks to public or private organisations and persons.
Art. 37 Scientific requirements, research
1 The federal government shall ensure that the scientific requirements necessary for the application of this Act are fulfilled. 2 It may carry out surveys itself or in cooperation with the cantons, or with appropriate institutions or experts. 3 Within the framework of international cooperation, it may finance investigations of substances and preparations in whole or in part. 4 It shall promote scientific teaching and research in the field of dangerous properties of substances and preparations.
Art. 38 Federal Council implementing provisions
The Federal Council shall issue the implementing provisions. Where possible, it shall combine these with the implementing provisions for other federal acts if the latter include provisions relating to substances and preparations.
Art. 39 Adoption of internationally harmonised regulations and standards
1 When issuing its provisions, the Federal Council shall give due consideration to internationally harmonised guidelines and recommendations, and internationally harmonised technical regulations and standards. 2 It may declare certain internationally harmonised technical regulations and standards to be applicable in connection with this Act. It may authorise the relevant federal office to make subsequent adjustments to technical details of minor importance in the regulations and standards that have been declared applicable. 3 In exceptional cases, it may decide that the regulations and standards declared applicable are to be published in a special form and that translation into the official languages is not required.
Art. 40 International cooperation
1 By way of amendment to the provisions of Article 18 of the Federal Act of 6 October 1995 on Technical Barriers to Trade (TBA), the Federal Council may approve the recognition in particular of tests, inspections or assessments carried out abroad and of foreign reports or certificates. 2 Within the scope of the authority granted by this Act, it may conclude international agreements over and above the provisions of Article 14 paragraph 1 TBA. 3 The federal authorities shall cooperate with foreign authorities and institutions, and with international organisations.
Para. 1 — SR 946.51
Art. 41 Safeguard clause
If the notification authority has good reason to believe that substances or preparations represent a health hazard, although they comply with the requirements of this Act, in particular if their classification, packaging or labelling is no longer appropriate, it may, having first consulted the manufacturer, provisionally reclassify the substances or preparations, prohibit their placing on the market or make them subject to special conditions. In such cases, the measures required to amend the regulations concerned shall be taken without delay.
Section 3 Special Regulations on Enforcement
Art. 42 Powers of enforcement authorities
1 In order to monitor compliance with the provisions of this Act, the enforcement authorities shall be authorised to test substances, preparations and articles as specified in Article 19 paragraph 1 letter b and to examine procedures for the handling thereof. 2 For this purpose, they shall be authorised to request that any persons involved in the handling of such substances, preparations or articles should, free of charge: a. provide the necessary information; b. carry out or submit to investigations; c. grant access to production and storage facilities; d. permit sampling or provide samples on request. 3 They shall be authorised, at the expense of the person responsible, to take any measures necessary to remedy irregularities with regard to such substances, preparations or articles. In particular, they shall be authorised to: a. prohibit any further handling of such substances, preparations or articles; b. order them to be recalled or returned; c. order them to be rendered harmless or
Art. 43 Secrecy
Any person carrying out tasks in accordance with this Act is bound to maintain secrecy.
Art. 44 Confidentiality of information
1 Information shall be treated as confidential if its disclosure would be detrimental to an interest deemed worthy of protection. In particular, one such interest is that of manufacturers in the preservation of their commercial and industrial secrets. 2 The Federal Council shall define the types of information for which preservation of secrecy cannot be asserted to be an interest deemed worthy of protection.
Art. 45 Data exchange among enforcement authorities
1 If several different federal authorities are involved in enforcement, they shall be responsible for ensuring that data is exchanged in so far as this is necessary for the fulfilment of their tasks. 2 The Federal Council may approve the exchange of data with additional authorities or with public or private organisations and persons if this is necessary for the enforcement of this Act. 3 The federal authorities shall disclose to the relevant cantonal enforcement authorities any data required for the fulfilment of their enforcement tasks. 4 The cantonal enforcement authorities shall communicate to the relevant federal authorities any data that they have collected in accordance with this Act. 5 For the purposes of data exchange, automated recall procedures may be established. In this case, the Federal Council, giving due consideration to the interests of the parties concerned deemed worthy of protection, shall determine who is permitted to call up data, what data may be called up, and fo
Art. 46 Data exchange with foreign countries and with international organisations
1 The Federal Council shall establish responsibilities and procedures for the exchange of data with foreign authorities and institutions and with international organisations. 2 Confidential information may only be disclosed to foreign authorities and institutions or to international organisations if: a. this is required by international agreements or the resolutions of international organisations; or b. it is imperative in order to avert an imminent hazard to life or health.
Art. 47 Fees
The Federal Council shall set the Fees to be levied for enforcement by the federal authorities. It may grant exemptions from the liability to pay fees.