Ordinance on Biocidal Products (OBP)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 41 Duty of care
1 Anyone handling a biocidal product and its wastes must use them properly and ensure that they cannot endanger humans, animals or the environment. 1bis Proper use shall involve the rational application of a combination of physical, biological, chemical or other measures as appropriate, whereby the use of biocidal products is limited to the minimum necessary and appropriate precautionary steps are taken. 2 The information given on the packaging and safety data sheet and the instructions for use must be taken into account. 3 The biocidal product must be used only for the intended purpose. Only equipment which allows the biocidal product to be applied correctly and in a targeted manner may be used. 4 ...
Para. 1bis — Inserted by No I of the O of 20 June 2014, in force since 15 July 2014 (AS 2014 2073). Para. 4 — Repealed by No I of the O of 20 June 2014, with effect from 15 July 2014 (AS 2014 2073).
Art. 41a
Inserted by Enclosure No 1 of the O of 10 Nov. 2010 (AS 2010 5223). Repealed by Annex No 1 of the O of 7 Nov. 2012, with effect from 1 Dec. 2012 (AS 2012 6103).
Art. 42 Storage
Articles 57 and 62 of the ChemO apply mutatis mutandis to the storage of biocidal products.
Art. 42 — Amended by No I of the O of 5 June 2015, in force since 1 July 2015 (AS 2015 1985). [AS 2005 2721; 2007 821; 2009 401, 805; 2010 5223; 2011 5227; 2012 6103, 6659; 2013 201, 2673, 3041 No I 3; 2014 2073 Annex 11 No 1, 3857. AS 2015 1903 Art. 91]. See now: the O of 5 June 2015 (SR 813.11).
Art. 43 Supply
1 For the supply of biocidal products, the following apply: a. the terms of the ruling referred to in Article 20; b. Articles 58, 59 and 63–66 of the ChemO mutatis mutandis. 2 For biocidal products that meet the criteria specified in Article 11d letter a, Article 64 paragraph 1, Article 65 paragraph 1 and Article 66 paragraph 1 letter a of the ChemO apply mutatis mutandis.
Art. 43 — Amended by No I of the O of 5 June 2015, in force since 1 July 2015 (AS 2015 1985). Para. 1 let. b — [AS 2005 2721; 2007 821; 2009 401, 805; 2010 5223; 2011 5227; 2012 6103, 6659; 2013 201, 2673, 3041 No I 3; 2014 2073 Annex 11 No 1, 3857. AS 2015 1903 Art. 91]. See now: the O of 5 June 2015 (SR 813.11). Para. 2 — Amended by No I of the O of 31 Jan. 2018, in force since 1 March 2018 (AS 2018 817).
Art. 44 Take-back and return obligations
1 Anyone who places biocidal products on the market must take back from the user any biocidal products supplied which are no longer being used and must dispose of them appropriately; biocidal products supplied retail must be taken back free of charge. 2 The obligation to return biocidal products is regulated by Number 5 of Annex 2.4 to the ORRChem.
Para. 2 — SR 814.81
Art. 45 Theft, loss or erroneous placing on the market
1 Article 67 paragraphs 1 and 2 of the ChemO apply mutatis mutandis to the theft or loss of biocidal products whose labelling contains an element specified in number 1.2 letter a or b, or number 2.2 letter a or b, of Annex 5 to the ChemO. 2 Article 67 paragraphs 3 and 4 of the ChemO apply mutatis mutandis to the erroneous placing on the market of biocidal products.
Art. 45 — Amended by No I of the O of 31 Jan. 2018, in force since 1 March 2018 (AS 2018 817). Para. 1 — SR 813.11
Art. 46
Repealed by No I of the O of 20 June 2014, with effect from 15 July 2014 (AS 2014 2073).
Art. 47 Restrictions on use
1 The restrictions specified in Article 13 of the RO apply to biocidal products consisting of or containing pathogenic microorganisms. 2 In addition, the restrictions and obligations specified in Annex 2.4 to the ORRChem apply to biocidal products of product types 2,6, 7, 8, 10, 14 and 21.
Art. 47 — Amended by No I of the O of 20 June 2014, in force since 15 July 2014 (AS 2014 2073). Para. 1 — SR 814.911 Para. 2 — SR 814.81 Para. 2 — Amended by No I of the O of 18 Nov. 2020, in force since 15 Dec. 2020 (AS 2020 5125).
Art. 48 Authorisation for use
An authorisation is required for the use of certain biocidal products; the provisions are set out in Articles 4–6 of the ORRChem.
SR 814.81
Art. 49 Certificate
Anyone who uses biocidal products as specified in Article 7 paragraph 1 letter a numbers 2–4 and paragraph 2 of the ORRChem requires a certificate in accordance with Articles 7–12 of the ORRChem.
Art. 49 — Correction of 23 Dec. 2014 (AS 2014 4719). SR 814.81
Art. 50 Advertising
1 Biocidal products must not be promoted unless they: a. are authorised; or b. are placed on the market or used in accordance with Article 3 paragraph 3 letter a or b. 2 Article 38 paragraph 1 applies mutatis mutandis to advertising. 3 Any advertisement for biocidal products must include the following phrases, which shall be clearly distinguishable and legible in relation to the whole advertisement: a. «Use biocides safely»; the word «biocides» may be replaced with a reference to the product type according to Annex 10; b. «Always read the label and product information before use». 4 Anyone who advertises dangerous biocidal products which the general public can purchase without seeing the labelling beforehand must indicate their hazardous properties in a comprehensible and clearly legible or audible manner. 5 Otherwise, Article 60 and, for samples, Article 68 of the ChemO apply mutatis mutandis.
Art. 50 — Amended by No I of the O of 20 June 2014, in force since 15 July 2014 (AS 2014 2073). Para. 5 — [AS 2005 2721; 2007 821; 2009 401, 805; 2010 5223; 2011 5227; 2012 6103, 6659; 2013 201, 2673, 3041 No I 3; 2014 2073 Annex 11 No 1, 3857. AS 2015 1903 Art. 91]. See now: the O of 5 June 2015 (SR 813.11). Para. 5 — Amended by No I of the O of 5 June 2015, in force since 1 July 2015 (AS 2015 1985).