The chemicals legislation uses the term “manufacturer” for the responsible person who places the chemical product in question on the market. This must not necessarily be an actual manufacturer of chemicals. The term manufacturer and consequently the responsibility of a manufacturer include for example importers and also dealers, who sell the chemical products under their own trade name or for a new intended use.
Citing Article 2 paragraph 1 letter b Chemicals Ordinance ChemO SR 813.11:
Manufacturer:
1. any natural or legal person domiciled in Switzerland or with a registered office or branch in Switzerland, who manufactures, extracts or imports substances, preparations or objects in a professional or commercial capacity;
2. also deemed to be a manufacturer is any person who obtains substances, preparations or objects in Switzerland and supplies them on a commercial basis, without altering their composition:
- under his own name, without specifying the name of the original manufacturer
- under his own trade name
- in packaging other than that provided by the original manufacturer, or
- for a different intended use,
3. if a person arranges for the manufacture of a substance, preparation or object in Switzerland by a third party, this person is deemed to be the sole manufacturer if he is domiciled or has a registered office or branch in Switzerland.
The responsibility for placing biocidal products on the market falls to the authorisation holder.
