New substances above 1 ton per year (quantity placed onto the market in Switzerland) and per manufacturer or importer must be notified before placing them on the market (art. 24 ChemO).
- As such
- In preparations and
- In objects from which they are intended to be released
This duty applies independently of
- The classification of the substance
- Of the notification by another supply chain
- Of the registration status in the EU/EEA or in third countries
Additionally, preparations classified as dangerous and containing the new substance must be reported via the chemicals product register (art. 48, art. 19 ChemO).
Manufacturers of new substances that are exempt from notification according to article 26, ChemO, must report these within 3 months after first placing them on the market and independently of the obligation to establish a SDS (art. 48, art. 19 ChemO):
a. dangerous substances
b. substances assessed as PBT or vPvB;
c. substances in annex 3 ChemO (candidate list)
d. nanomaterials purposefully containing fibres or tubes with a length of more than 5 μm. Materials with a water solubility of less than 100 mg per liter or with a half-life of 40 days or more in the lungs are considered being biopersistent.
Exemptions to the obligation to report are listed in Article 54 ChemO.
The notification authority for chemicals must be informed of substances which do not have to be notified (art. 26 par. 1 let. d ChemO) and which are intended solely for product and process-orientated research and development (PPORD, art. 34 ChemO).