Chemicals Ordinance (ChemO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Chapter 1 General Provisions
Art. 55 Taking account of the information provided by the manufacturer
1 Substances, preparations and objects may be promoted, offered or supplied professionally or commercially only for the uses and methods of disposal stated by the manufacturer. 2 The information and instructions given on the package and labelling and in the safety data sheet must be taken into account.
Art. 56 Environmental release
1 Substances and preparations may be released directly into the environment only to the extent that is necessary for the intended use. 2 To this end, users must: a. use equipment allowing correct and accurate application; b. take measures to prevent substances and preparations, as far as possible, from entering surrounding areas or waterbodies; and c. take measures to ensure that, as far as possible, animals, plants, their biological communities and habitats are not threatened. 3 Preparations may be released directly into the environment only for the uses specified by the manufacturer.
Art. 57 Storage
1 When substances and preparations are stored, the information and instructions given on the package and labelling and, if applicable, in the safety data sheet must be taken into account. 2 Dangerous substances and preparations and their containers must be protected against hazardous, especially mechanical, impacts. 3 Dangerous substances and preparations must be clearly identifiable and kept separate from other goods. No foodstuffs, animal feedingstuffs or therapeutic products may be kept in the immediate vicinity. 4 Paragraphs 1–3 also apply to objects from which substances or preparations are released in quantities that may endanger human health or the environment. 5 Substances and preparations that may react dangerously with each other must be stored separately. 6 Dangerous substances and preparations may only be filled into and stored in containers which meet the following requirements: a. They must not be capable of being confused with packaging containing foodstuffs, cosmetics,
Para. 6 let. c — See footnote to Art. 2 para. 4.
Art. 58 Special obligations with regard to the supply of substances and preparations
Anyone who supplies a substance or preparation in a commercial capacity and is required to provide a safety data sheet must be familiar with and capable of interpreting the content of the safety data sheet.
Art. 59 Chemicals contact person
1 Commercial and educational establishments must notify the cantonal enforcement authorities of their chemicals contact person, designated under Article 25 paragraph 2 of the Chemicals Act. 2 The FDHA shall regulate mandatory notification in accordance with paragraph 1; it shall define the form and content of the notification. 3 It shall define the requirements that the chemicals contact person must meet, particularly with regard to technical qualifications and operational responsibilities.
Art. 60 Advertising
1 Advertising for substances, preparations and objects must not give a misleading impression as to the risks posed to human health and the environment or as to their environmental acceptability, and must not encourage inappropriate or illegitimate use or disposal. 2 Terms such as «degradable», «not harmful to the environment», «non-polluting» and «non-water-polluting» may be used in advertising only if the properties thus described are at the same time explained in more detail. 3 Anyone who advertises dangerous substances or preparations that private users can purchase without seeing the labelling beforehand must indicate their hazardous properties in a comprehensible and clearly legible or audible manner. 4 Paragraph 3 also applies to preparations labelled in accordance with Article 25 paragraph 6 of the CLP Regulation. 5 Substances and preparations must not be promoted for uses for which they are not to be placed on the market.
Para. 4 — See footnote to Art. 2 para. 4.
Chapter 2 Handling Substances and Preparations in
Art. 61 Substances and preparations in Groups 1 and 2
1 Substances and preparations are deemed to belong to Group 1: a. if their labelling in accordance with the CLP Regulation contains at least one element specified in number 1.1 of Annex 5 to this Ordinance; or b. if they are not yet labelled in accordance with the CLP Regulation and their labelling contains at least one element specified in number 2.1 of Annex 5 to this Ordinance. 2 Substances and preparations are deemed to belong to Group 2: a. if their labelling in accordance with the CLP Regulation contains at least one element specified in number 1.2 of Annex 5 to this Ordinance; or b. if they are not yet labelled in accordance with the CLP Regulation and their labelling contains at least one element specified in number 2.2 of Annex 5 to this Ordinance.
Para. 1 let. a — See footnote to Art. 2 para. 4.
Art. 62 Storage
1 For the storage of substances or preparations in Groups 1 and 2, Article 57 applies. 2 Anyone who stores substances or preparations in Groups 1 and 2 must ensure that they are not accessible to unauthorised persons. 3 Substances and preparations in Groups 1 and 2 may only be filled into and stored in containers if these are labelled with the appropriate danger symbols or hazard pictograms.
Art. 63 Exclusion of self-service
1 Substances and preparations in Group 2 which are intended for private users must not be offered on a self-service basis. 2 The prohibition specified in paragraph 1 does not apply to motor fuels.
Art. 64 Supply restrictions
1 Substances and preparations in Group 1 must not be commercially supplied to private users. 2 Substances and preparations in Groups 1 and 2 may be commercially supplied only to persons having capacity to act. 3 Substances and preparations in Groups 1 and 2 may be supplied to minors if they are capable of judgement and have to handle these substances or preparations in the course of their training or in a professional or commercial capacity. 4 The supply restrictions specified in paragraphs 1 and 2 do not apply to motor fuels.
Art. 65 Special obligations with regard to supply
1 Anyone who commercially supplies a substance or preparation in Group 1 to professional users or traders must, at the time of supply, explicitly inform them of the precautions required and the correct method of disposal. 2 Anyone who commercially supplies a substance or preparation in Group 2 to private users must, at the time of supply, explicitly inform them of the precautions required and the correct method of disposal. 3 Substances and preparations may be supplied in accordance with paragraph 2 only to persons who can be assumed by the supplier to be capable of judgement and able to comply with the duty of care specified in Article 8 of the Chemicals Act and the requirements set out in Article 28 of the EPA. 4 The obligations specified in paragraphs 1 and 2 do not apply to the supply of motor fuels.
Art. 66 Knowledge required to supply
1 Special knowledge is required by anyone who, in a commercial capacity: a. supplies substances and preparations in Group 1 to persons who obtain them in order to use them professionally, but without placing them on the market in a different form; b. supplies substances and preparations in Group 2 to private users. 2 The FDHA may regulate: a. how the knowledge requirements are to be met; in this connection, it shall take professional training and experience into account; b. the content, duration and organisation of courses for people seeking to acquire such knowledge. 3 Articles 10 and 11 of the Chemical Risk Reduction Ordinance of 18 May 2005 (ORRChem) apply mutatis mutandis. 4 Paragraph 1 does not apply to motor fuels.
Para. 3 — SR 814.81
Art. 67 Theft, loss, erroneous placing on the market
1 In the event of theft or loss of substances or preparations in Group 1, the person suffering the theft or loss must notify the police without delay. 2 The police must inform the cantonal authority responsible for enforcing this Ordinance as well as the Federal Office of Police. 3 Anyone who erroneously places on the market a substance or a preparation in Group 1 or 2 must immediately inform the cantonal authority responsible for enforcing this Ordinance and provide the following information: a. all the data required for precise identification of the substance or preparation; b. a comprehensive description of the danger which the substance or preparation may pose; c. all the available information as to the source from which the substance or preparation was obtained and to whom the substance or preparation has been supplied; d. the measures taken to avert any danger, such as warnings, suspension of sales, withdrawal from the market or recall. 4 The cantonal authority shall decide wheth
Art. 68 Samples
Substances and preparations in Groups 1 and 2 may be provided for promotional purposes only to professional users or traders.
Art. 69 Substances and preparations intended for self-defence
1 For the handling of substances and preparations intended for self-defence, Article 62, Article 64 paragraphs 2 and 3, Article 65 paragraphs 2 and 3, Article 66 paragraph 1 letter b, Article 67 paragraphs 3 and 4 and Article 68 apply mutatis mutandis. 2 Substances and preparations intended for self-defence must not be offered on a self-service basis.
Chapter 3 Handling of Substances of Very High Conc
Art. 70 List of substances of very high concern
1 Substances referred to in Article 57 of the REACH Regulation are deemed to be of very high concern if they are included in Annex 3 (candidate list). 2 The Federal Office for the Environment (FOEN) shall decide, in consultation with the Federal Office of Public Health (FOPH) and the State Secretariat for Economic Affairs (SECO), whether a candidate list substance listed in Annex XIV to the REACH Regulation is to be included in Annex 1.17 to the ORRChem.
Para. 1 — See footnote to Art. 2 para. 4. Para. 2 — SR 814.81
Art. 71 Objects containing substances of very high concern
1 Anyone who commercially supplies an object containing a substance of very high concern in a concentration greater than 0.1 % by weight must provide the following information: a. the name of the substance concerned; b. all the information required to allow safe use of the object, insofar as this is available to the supplier. 2 This information must be provided free of charge: a. to professional users or traders: without being so requested; b. to private users: on request within 45 days.
