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 Confederation
Section 1 Organisation
Art. 77 Notification Authority and steering committee
1 The Notification Authority is administratively attached to the FOPH. 2 A steering committee is appointed for the Notification Authority. It is composed of the directors of the following federal offices: a. FOPH; b. FOAG; c. FOEN; d. SECO; e. FSVO. 3 The steering committee has the following duties and powers: a. appointing the management of the Notification Authority; b. defining the strategy of the Notification Authority; c. inspection and application rights concerning the budget of the Notification Authority. 4 The steering committee makes decisions by consensus.
Para. 2 let. e — Inserted by Annex No 1 of the O of 18 Nov. 2020, in force since 15 Dec. 2020 (AS 2020 5125).
Art. 78 Assessment authorities
The assessment authorities are: a. the FOPH, for matters concerning the protection of human life and health; b. the FOEN, for matters concerning the protection of the environment and indirect protection of human beings; c. SECO, for matters concerning the protection of workers.
Art. 79 Poisons information centre
1 The poisons information centre established under Article 30 of ChemA is Tox Info Suisse. 2 The FOPH shall enter into an agreement with Tox Info Suisse setting the amount of remuneration that it receives for services provided under Article 30 paragraph 2 of ChemA.
Section 2 Review of Existing Substances
Art. 80
1 The assessment authorities may review any existing substances which: a. may represent a particular risk to human life or health or to the environment, owing to the quantities manufactured or placed on the market or owing to their dangerous nature or the dangerous nature of their secondary products or wastes; or b. are included in an international existing substances programme. 2 If an existing substance is to be reviewed, the Notification Authority, at the request of an assessment authority, shall require all the manufacturers concerned to provide the following information: a. the name and address of the manufacturer, and the name and address of the foreign manufacturer if the manufacturer imports the substance; b. all documents used in assessing and establishing the hazardous properties of the substance; c. the known uses; d. information on the quantities placed on the market by the manufacturers; e. the registration dossier submitted to the European Chemicals Agency, provided it is
Para. 1 let. a — Amended by No I of the O of 31 Jan. 2018, in force since 1 March 2018 (AS 2018 801).
Section 3 Review of Self-Regulation and Monitoring
Art. 81 Review of self-regulation
1 The assessment authorities shall review, in their area of competence, for substances, preparations and objects: a. the assessment and classification; b. the information that appears in the safety data sheet. 2 They may instruct the Notification Authority: a. to verify the composition and the physicochemical properties of substances, preparations and objects; b. to ask cantonal enforcement authorities to take samples. 3 If there is reason to suppose that assessment or classification has not been carried out or has not been carried out correctly, the Notification Authority, at the request of an assessment authority, shall require the manufacturer concerned to provide: a. all the documents used in establishing the hazardous properties or in the assessment; b. the safety data sheet, if appropriate. 4 At the request of an assessment authority, the Notification Authority shall require the manufacturer to perform tests or additional assessments if there are indications that: a. substances o
Para. 7 — SR 172.010
Art. 82 Monitoring with regard to national defence
In matters concerning national defence, the Notification Authority shall examine, in consultation with the assessment authorities, whether the provisions of this Ordinance are being respected.
Art. 83 Monitoring of imports and exports
1 Customs offices shall, at the request of the Notification Authority, check whether substances, preparations or objects comply with the provisions of this Ordinance 2 The assessment authorities may call upon the Notification Authority to submit a request in accordance with paragraph 1. 3 In cases of suspected infringement, the customs offices are authorised to detain goods at the border and call in the other enforcement authorities in accordance with this Ordinance. These authorities shall carry out further investigations and take the necessary measures.
Section 4 Adaptations of technical provisions and
Art. 84
In consultation with the FOEN and SECO, the FOPH shall adapt the following annexes: a. Annex 2: 1. It shall specify the applicable version of the annexes to the CLP Regulation. 2. It shall take into account amendments to the Guidelines for the Testing of Chemicals drawn up by the Organization for Economic Cooperation and Development (OECD) and specify the applicable version of Regulation (EC) No 440/2008, and of the UN Manual of Tests and Criteria. 3. It shall specify the applicable version of Annex II to the REACH Regulation. b. Annex 3 (candidate list). It shall take into account amendments to the list of substances for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 in accordance with Article 59 paragraph 1 of the REACH Regulation. c. Annex 4. It shall take into account amendments to Annexes III and VII–XI to the REACH Regulation. d. Annex 7. It shall take into account developments in Europe.
let. a let. 1 — See footnote to Art. 2 para. 4. let. a let. 2 — Amended by Annex No 1 of the O of 18 Nov. 2020, in force since 15 Dec. 2020 (AS 2020 5125). let. a let. 2 — Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), OJ L 142 of 31.5.2008, p. 1; last amended by Regulation (EU) No 900/2014, OJ
Section 5 Delegation of Duties and Powers to Third
Art. 85
1 The competent federal bodies may delegate to appropriate public corporations or private persons all or some of the duties and powers assigned to them by this Ordinance. 2 To the extent that enforcement of health protection is concerned, delegation is limited to the following: a. review of self-regulation; b. assessment as part of a review of notification and updated information; c. provision of information under Article 28 of the Chemicals Act; d. risk assessment under Article 16 of the Chemicals Act.
Section 6 Charges
Art. 86
The obligation to pay charges and the calculation of charges for administrative actions by the federal enforcement authorities in accordance with this Ordinance are based on the Chemical Charges Ordinance of 18 May 2005.
SR 813.153.1
Chapter 2 Cantons
Amended by No I of the O of 11 March 2022, in force since 1 May 2022 (AS 2022 220).
Art. 87 Duties of the cantonal enforcement authorities
1 By means of random sampling, the cantonal enforcement authorities shall inspect substances, preparations and objects placed on the market. 2 Within the framework of these inspections, the cantonal enforcement authorities shall verify: a. that the notification, declaration and reporting requirements (Articles 24, 34, 48, 52, 53) and the provisions governing updated information (Art. 46) have been respected; b. that packaging conforms to the provisions on packaging (Articles 8 and 9); c. that the labelling and the UFI conform to the provisions on labelling (Articles 10–13) and on the UFI (Art. 15a); d. that the requirements concerning the provision, updating and retention of the safety data sheet (Articles 21–23) are being complied with and that the information in the safety data sheet is not obviously incorrect; e. that the provisions on advertising (Art. 60) and samples (Art. 68) are being respected; f. that the requirement to provide information when supplying objects containing sub
Para. 2 let. c — Amended by No I of the O of 11 March 2022, in force since 1 May 2022 (AS 2022 220).
Art. 88 Cooperation between the cantonal and federal enforcement authorities
1 The Notification Authority, on its own initiative or at the request of an assessment authority, shall instruct the cantonal enforcement authorities to inspect certain substances, preparations or objects, especially in accordance with Article 81 paragraph 1. 2 The cantonal enforcement authorities shall collect samples at the request of the Notification Authority. 3 If the inspections identify serious concerns, the authority that performed the inspections shall inform the Notification Authority and the authorities responsible for orders in accordance with Article 90a. 4 If there are grounds for suspecting incorrect classification, the authority that performed the inspections shall inform the Notification Authority.
Para. 3 — Amended by No I of the O of 11 March 2022, in force since 1 May 2022 (AS 2022 220).
Art. 89
Repealed by No I of the O of 11 March 2022, with effect from 1 May 2022 (AS 2022 220).
Art. 90 Monitoring of Handling and Promotion of Environmentally Sound Practices
1 The cantonal enforcement authorities shall monitor compliance with the specific provisions relating to handling (Articles 55–59, 61–67 and 69). Article 25 paragraph 1 second sentence of the Chemicals Act applies accordingly. 2 The cantons shall promote environmentally sound practices.
Art. 90 — Inserted by No I of the O of 11 March 2022, in force since 1 May 2022 (AS 2022 220).
Art. 90a Measures taken by the cantonal enforcement authorities
If the inspection reveals infringements of the provisions referred to in Articles 87 paragraph 2, 88 paragraph 1 and 90 paragraph 1, the competent authority of the canton in which the infringing party is domiciled or has its registered office shall order any necessary measures. In the case of infringements of the provisions referred to in Article 90 paragraph 1, the competent authority in the canton in which the infringement took place may also issue the order. The cantons shall coordinate the required measures.
Art. 90a — Inserted by No I of the O of 11 March 2022, in force since 1 May 2022 (AS 2022 220).
