Obligations to the manufacturers and importers of chemicals

Placing chemical products on the market requires the manufacturers’ self-regulation and hence under their responsibility. However, certain chemical products are subject to the obligation of notification, registration or to authorisation.

Whosoever imports chemical products – even in the case of parallel imports – is considered in the legal sense to be the responsible manufacturer in Switzerland. In consequence, all obligations of a manufacturer shall be met.

The responsibility and liability for correctly placing the majority of chemical products on the market lies entirely with the relevant manufacturers. The principle of self-regulation applies; there are no prior regulatory controls.

For certain substances the chemicals legislation contains provisions that must be respected when objects are placed on the market.

The reporting requirements for substances and preparations under Articles 48–54 of the Chemicals Ordinance (ChemO; SR 813.11) were introduced in Switzerland in their current form with the chemicals legislation in 2005 and have since been regularly updated. They arose from the notification requirements for products under the toxic substances legislation. The reporting of new substances as specified in Art. 26 para. 3 ChemO is described in the “Guidelines for notification, reporting and declaration of new substances in accordance with the Swiss Chemicals Ordinance”. Separate guidance is available for reporting in accordance with the Ordinance on Biocidal Products (OBP; SR 813.12) and the Chemical Risk Reduction Ordinance (ORRChem; SR 814.81).

Biocidal products may be placed on the market, be used professionally and commercially only if they have been authorised, notified or recognised according to the Ordinance on Biocidal Products (OBP - SR 813.12). The responsibility for placing biocidal products on the market falls to the authorisation holder.

Parallel imported plant protection products must be reported to the notification authority via the product register for chemicals within 3 months after first placing them on the market.