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.
Art. 72 Register of products
1 The Notification Authority shall maintain a register of substances and preparations that fall within the scope of the following Ordinances: a. this Ordinance; b. the ORRChem; c. the Biocidal Products Ordinance of 18 May 2005; d. the Plant Protection Products Ordinance of 20 August 2025; e. Fertilisers Ordinance of 1 November 2023. 1bis The data collected in accordance with Article 27 paragraph 1 TabPO on preparations shall also be entered in the register of products. 2 The register shall be compiled on the basis of data: a. that has been collected or produced by a Swiss authority under one of the ordinances cited in paragraph 1 or 1bis; b. that is made available by foreign authorities or by international organisations.
Para. 1 let. b — SR 814.81 Para. 1 let. c — SR 813.12 Para. 1 let. d — Amended by Annex 10 No II 2 of the Plant Protection Products Ordinance of 20 Aug. 2025, in force since 1 Dec. 2025 (AS 2025 565). Para. 1 let. d — SR 916.161 Para. 1 let. e — Inserted by Annex 5 No II 1 of the O of 15 Nov. 2023 on Placing Fertilisers on the Market, in force since 1 Jan. 2024 (AS 2023 711). Para. 1 let. e — SR 916.171 Para. 1bis — Inserted by Annex 4 No II 5 of the Tobacco Products Ordinance of 28 Aug. 2024, i
Art. 73 Confidential data
1 The enforcement authorities shall treat data as confidential when an interest in its confidentiality is worthy of protection, unless there is an overriding public interest in its disclosure. 2 The Notification Authority shall designate the confidential data in consultation with the assessment authorities. It shall do so before passing it on to the competent cantonal or federal authorities specified in Article 75 paragraph 2. 3 In particular, shall be deemed worthy of protection the interest in maintaining commercial/manufacturing secrecy, including: a. information on the identity of intermediates; b. the complete composition of a preparation; c. the quantities of a substance of a preparation placed on the market; d. the information on nanomaterials referred to in Article 49 paragraph 1 letter c, 7 and letter d, 7. 4 If the Notification Authority discovers that data deemed to be confidential has subsequently been lawfully disclosed, this data shall no longer be treated as confidential
Para. 3 let. d — The reference was adapted in application of Art. 12 para. 2 of the Publications Act of 18 June 2004 (SR 170.512) on 1 May 2022. Para. 3 let. d — Amended by No I of the O of 31 Jan. 2018, in force since 1 March 2018 (AS 2018 801). Para. 5 let. h — Amended by No I of the O of 31 Jan. 2018, in force since 1 March 2018 (AS 2018 801).
Art. 74 Data to be passed on to the Notification Authority and the assessment authorities
At the request of the Notification Authority, the authorisation body for plant protection products and the assessment authorities, and if it is necessary for the enforcement of this Ordinance, the following data concerning substances, preparations and objects must be passed on: a. data collected by the FOAG under: 1. the Fertilisers Ordinance of 1 November 2023, 2. the Animal Feedstuffs Ordinance of 26 October 2011, b. data collected by the FSVO under: the Plant Protection Products Ordinance of 20 August 2025, the Ordinance of 27 May 2020 on the Implementation of Foodstuffs Legislation; c. data collected by the Federal Office for Customs and Border Security from customs declarations; d. data collected by SECO, by the Swiss National Accident Insurance Fund (SUVA) or by cantonal employment inspectorates under legislation on the protection of workers; e. data collected by the poisons information centre (Art. 79); f. data collected by examining bodies under Article 12 paragraph 3 of the OR
Amended by Annex No 1 of the O of 18 Nov. 2020, in force since 15 Dec. 2020 (AS 2020 5125). let. a — Amended by Annex 10 No II 2 of the Plant Protection Products Ordinance of 20 Aug. 2025, in force since 1 Dec. 2025 (AS 2025 565). let. a let. 1 — SR 916.171 let. a let. 2 — SR 916.307 let. b — Amended by Annex 10 No II 2 of the Plant Protection Products Ordinance of 20 Aug. 2025, in force since 1 Dec. 2025 (AS 2025 565). let. b — SR 916.161 let. b — SR 817.042 let. c — The name of this administra
Art. 75 Exchange of information and data
1 The Notification Authority and assessment authorities shall, insofar as is required for the performance of their duties, make available to each other the data that they have collected or have had collected on their behalf under this Ordinance or any other legislation governing the protection of human health or the environment against substances, preparations or objects. To this end, they may establish automated retrieval procedures. 2 They shall make available to the cantonal and federal authorities responsible for enforcing legislation governing the protection of human health or the environment against substances, preparations or objects the data required for the performance of their duties. 3 They may make data concerning manufacturers and the substances or preparations that they have placed on the market accessible via retrieval procedures to the authorities listed below, if these authorities require the data for enforcement purposes: a. the customs authorities; b. the authorities
Para. 5 let. b let. 3 — Amended by Annex 5 No II 1 of the O of 15 Nov. 2023 on Placing Fertilisers on the Market, in force since 1 Jan. 2024 (AS 2023 711).
Art. 76 Data to be passed on to other countries and to international organisations
1 The Notification Authority and assessment authorities may pass on data that is not confidential to foreign authorities and institutions, and to international organisations. 2 They may pass on confidential data if: a. this is required by international agreements or decisions of international organisations; or b. it is necessary to prevent an imminent danger to human life or health or to the environment.
