Art. 1 Aim and scope
1 This Ordinance regulates:
- a.
- the determination and assessment of dangers and risks that substances and preparations may pose to human life and health and to the environment;
- b.
- the conditions under which substances and preparations that may endanger people or the environment are placed on the market;
- c.
- the handling of substances and preparations that may endanger people or the environment;
- d.
- the way in which data relating to substances and preparations is processed by the enforcement authorities.
2 This Ordinance applies to biocidal products and the active substances contained therein, and to plant protection products and the active substances and co-formulants contained therein, insofar as they are referred to in the Ordinance of 18 May 2005 on Biocidal Products7 or the Ordinance of 12 May 20108 on Plant Protection Products.
3 This Ordinance applies to radioactive substances and preparations, excluding effects attributable to the radioactive nature of these substances and preparations.
4 Only Articles 5-7 and 81 apply to cosmetic products within the meaning of Article 53 paragraph 1 of the Ordinance of 16 December 20169 on Foodstuffs and Utility Articles in the form of finished products intended for private or professional users, and only with regard to environmental protection and to classification or assessment in relation to risks to the environment.10
5 This Ordinance does not apply to:
- a.
- the transport of substances and preparations by road, rail, water, air or pipelines, with the exception of Article 10 paragraph 1 letter b;
- b.
- the transit of substances and preparations under customs supervision, provided that this does not involve any processing or transformation;
- c.
- substances and preparations in the form of finished products ready for supply to private and professional users that fall into the following categories:11
- 1.12
- foodstuffs as defined by Article 4 of the Foodstuffs Act of 20 June 201413 (FoodA),
- 2.
- medicinal products as defined by Article 4 paragraph 1 letter a and medical devices as defined by Article 4 paragraph 1 letter b of the Therapeutic Products Act of 15 December 200014,
- 3.
- animal feedingstuffs as defined by Article 3 paragraph 1 of the Feedstuffs Ordinance of 26 October 201115;
- d.
- weapons and ammunition as defined by Article 4 paragraphs 1 and 5 of the Weapons Act of 20 June 199716;
- e.
- substances, preparations and objects which are waste according to Article 7 paragraph 6 of the EPA.
6 Articles 57, 62 and 67 apply to imported substances and preparations that are simply relabelled and then exported without alteration.17
7 Dangerous substances and preparations that are exported are also governed by the PIC Ordinance of 10 November 200418.19
10 Amended by No I of the O of 31 Jan. 2018, in force since 1 March 2018 (AS 2018 801).
11 Amended by No I of the O of 31 Jan. 2018, in force since 1 March 2018 (AS 2018 801).
12 Amended by No I of the O of 31 Jan. 2018, in force since 1 March 2018 (AS 2018 801).
17 Amended by No III 1 of the O of 22 March 2017, in force since 1 May 2017 (AS 2017 2593).
19 Inserted by No III 1 of the O of 22 March 2017, in force since 1 May 2017 (AS 2017 2593).