Chemicals Act (ChemA)
From 1 Jan. 2007, the penalties and prescriptive periods below must be interpreted or recalculated in application of Art. 333 para. 2–6 of the Criminal Code (SR 311.0) in the version of the Federal Act of 13 Dec. 2002 (AS 2006 3459).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 49 Felonies and misdemeanours
1 Manufacturers who wilfully: a. place substances or preparations on the market for a use that poses an immediate threat to life or health, if they are aware or should be aware of this fact (Art. 5 para. 1); b. fail to correctly classify, package or label substances or preparations (Art. 5 para. 1), fail to produce a safety data sheet, or include inaccurate or incomplete information in such a sheet (Art. 7); c. place substances or preparations on the market: 1. without having notified them (Art. 6 and Art. 13 para. 1), 2. before the notification has been accepted or the specified period has elapsed (Art. 9 para. 2), 3. without authorisation having been granted (Art. 6 and Art. 13 para. 1); d. withhold information on substances or preparations from, or give false information to, the authorities responsible (Art. 9 para. 3, Art. 10 para. 4, Art. 11 para. 2, Art. 15 para. 2, Art. 16 para. 1, Art. 17, Art. 30 para. 3 and Art. 42 para. 2); e. infringe regulations concerning substances (Art.
Para. 1 — Amended by No I 31 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 2 — Repealed by No I 31 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 3 let. tab — Amended by No I 31 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 4 — Amended by No
Art. 50 Contraventions
1 Any person who wilfully: a. infringes the provisions concerning self-regulation (Art. 5); b. breaches the duty of care in the handling of substances or preparations (Art. 8, Art. 21, Art. 23 and Art. 25 para. 1); c. fails to report details of substances or preparations or gives false information (Art. 18); d. contravenes the labelling requirements for poisonous plants and animals (Art. 19 para. 2 let. f); e. infringes the regulations concerning advertising (Art. 20); f. refuses to accept the return of dangerous substances or preparations (Art. 22 para. 1); g. breaches the duty to provide information to the cantonal enforcement authorities (Art. 25 para. 2); h. breaches the duty to provide information or misinforms the enforcement authorities (Art. 42 para. 2); i. contravenes an injunction issued with specific reference to the sanctions of the present article, shall be liable to a fine not exceeding 20,000 Swiss francs. 2 In cases of negligence, the penalty shall be a fine. 3 For an i
Para. 1 — Amended by No I 31 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 3 let. b — Amended by No I 31 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 5 — Repealed by No I 31 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 51 Offences in commercial establishments
Articles 6 and 7 of the Federal Act of 22 March 1974 on Administrative Criminal Law apply to offences under this Act.
SR 313.0
Art. 52 Criminal prosecution and complaints
1 The cantons shall be responsible for the prosecution and adjudication of offences. 2 If there are adequate grounds to suspect that an offence has been committed within the area of federal enforcement, the federal agency responsible shall report this to the cantonal authority. In particularly minor cases, a complaint may be dispensed with.