SAFEGUARDS | Consumer Goods NO. 091/19
The Swiss Chemical Risk Reduction Ordinance (ORRChem) is a comprehensive piece of legislation governing the management of substances on their own, in mixtures and in articles.
First published in May 2005, the ORRChem is in part based on several pieces of EU legislation and has been revised on several occasions. These include, inter alia, the following:
- Regulation (EC) 1907/2006 'Registration, Evaluation, Authorization and Restriction of Chemicals (REACH)'
- Regulation (EC) 1223/2009 'Classification, Labeling and Packaging of Substances and Mixtures'
- Directive 2011/65/EU (RoHS II Directive)
- Directive 2006/66/EC (Battery Directive)
- Directive 94/62/EC (Packaging Directive)
The ORRChem contains four Chapters and two Annexes for the management of chemicals:
- Chapter 1 'General Provisions'
- Chapter 2 'Use of Substances, Preparations and Articles'
- Chapter 3 'Enforcement'
- Chapter 4 'Final Provisions'
- Annex 1 'Provisions Relating to Specific Substances'
- Annex 2 'Provisions Relating to Groups of Preparations and Articles'
The restrictions and prohibitions in Chapter 2 on the use of specific substances, preparations and articles, together with exemptions, are regulated in Annexes 1 and 2.
In May 2019, the World Trade Organization circulated a notification announcing Switzerland's intention to amend its ORRChem (Safeguard 72/19 (https://www.sgs.com/en/news/2019/05/safeguards-07219-switzerland-proposes-to-align-its-orrchem-with-eu-reach)). This was, in part, to align with many of provisions from Annex XVII of REACH.
Switzerland has published amendment of April 17, 2019 to strengthen its ORRChem (https://www.admin.ch/opc/en/classified-compilation/20021520/index.html). This comprehensive revision, in French (https://www.admin.ch/opc/fr/official-compilation/2019/1495.pdf), German (https://www.admin.ch/opc/de/official-compilation/2019/1495.pdf) and Italian (https://www.admin.ch/opc/it/official-compilation/2019/1495.pdf), contains many of the provisions from the newly added restrictions to Annex XVII of REACH in the European Union (EU). Some of these provisions include:
- Nonylphenol ethoxylates (NPEs, entry 46a to Annex XVII of REACH (https://echa.europa.eu/documents/10162/7dcd73a4-e80d-47c5-ba0a-a5f4361bf4b1), Safeguard 23/16 (https://www.sgs.com/en/news/2016/02/safeguards-02316-european-commission-publishes-regulation-on-the-restriction-of-npes))
- Bis(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP) and diisobutyl phthalate (DIBP) (entry 51 (https://echa.europa.eu/documents/10162/aaa92146-a005-1dc2-debe-93c80b57c5ee), Safeguard 2/19 (https://www.sgs.com/en/news/2019/01/safeguards-00219-eu-expands-restriction-of-phthalates-under-reach))
- Bisphenol A (entry 66 (https://echa.europa.eu/documents/10162/370b5de7-9507-f1b4-edc6-80ef2e5cd781), Safeguard 194/16 (https://www.sgs.com/en/news/2016/12/safeguards-19416-eu-regulates-bpa-in-thermal-paper-under-reach))
- Decabromodiphenyl ether (Deca-BDE, entry 67 (https://echa.europa.eu/documents/10162/0d9bd23d-2898-a370-cb21-96be34fe2cda), Safeguard 27/17 (https://www.sgs.com/en/news/2017/02/safeguards-02717-eu-regulates-deca-bde-under-reach))
- Perfluorooctanoic acid, its salts and related substances (entry 68 (https://echa.europa.eu/documents/10162/7a04b630-e00a-a9c5-bc85-0de793f6643c), Safeguard 97/17 (https://www.sgs.com/en/news/2017/06/safeguards-09717-eu-regulates-pfoa-and-related-substances-under-reach))
- Methanol (entry 69 (https://echa.europa.eu/documents/10162/a8e79557-a434-0f1c-3daa-1c268e2e8ea8))
- Octamethycyclotetrasiloxane (D4) and Decamethylcyclopentasiloxane (D5) (entry 70 (https://echa.europa.eu/documents/10162/50e79685-efaf-ac9a-4acb-d8be3f0e9ddc), Safeguard 12/16 (https://www.sgs.com/en/news/2018/01/safeguards-01218-europe-restricts-the-use-of-d4-and-d5-in-wash-off-cosmetic-products))
The revision also amended the existing Swiss regulation on fluorinated greenhouse gases in relation to Ozone Depleting Substances (ODSs).
This amendment entered into force on June 1, 2019. Certain provisions/restrictions in the amendment will become effective between December 1, 2019 and June 1, 2024.
Major highlights of the amendment for restricted substances are summarized in Table 1.
| Ordinance on the Reduction of Risks Associated with the use of Particularly Dangerous Substances, Preparations and Articles (ORRChem) Amendment of April 17, 2019 | ||||
|---|---|---|---|---|
| Section | Substance | Scope | Requirement | Effective Date |
| Annex 1.8 | NPEs | Textile fibers, semi-finished or finished textile products that can be cleaned with water | = 0.01% | June 1, 2022 |
| Annex 1.9 | Deca-BDE | Used in the manufacture of or placed on the market:
| Prohibited* | December 1, 2019 |
| Annex 1.10 | BPA and BPS | Thermal paper | = 0.02% each | June 1, 2020 |
| Annex 1.16 | PFOA, its salts and related substances | Manufacture, place on the market or use of substances | Prohibited | June 1, 2021 |
| = 25 ppb for PFOA and its salts = 1,000 ppb for PFOA-related substances | June 1, 2021** | ||
| Annex 1.16 | Fluoroalkyl- silanols and their derivatives |
| = 2 ppb | December 1, 2020 |
| Annex 1.18 | DEHP, DBP, BBP and DIBP | Plasticized materials in articles*** | = 0.1% | July 7, 2020 |
| Annex 2.2 | D4 and D5 | Wash-off cosmetic products | = 0.1% each | June 1, 2021 |
| Annex 2.3 | Methanol | Windscreen washing or defrosting fluids | = 0.6% | June 1, 2019 |
*Unless presence is an unavoidable impurity | ||||
Table 1
It is interesting to note the following differences between Switzerland and Annex XVII of EU REACH:
- ORRChem restricts both BPA and bisphenol S (BPS) in thermal paper whereas the EU restricts only BPA
- ORRChem prohibits Deca-BDE in articles unless its presence is an unavoidable impurity whereas the EU restricts the same substance in articles to less than 0.1% without the exemption of unavoidable impurities
SGS is committed to providing information about development in regulations for consumer products as complimentary services. Through a global network of laboratories, SGS provides a wide range of services including physical/mechanical testing, analytical testing and consultancy work for technical and non-technical parameters applicable to a comprehensive range of consumer products. Please do not hesitate to contact us for further information.
NEXT STEP
Stakeholders are advised to comply with the latest requirements in ORRChem for the Swiss market.
For enquiries, please contact:
Hingwo Tsang
Global Information and Innovation Manager
t: (+852) 2774 7420
Stay on top of regulatory changes within your industry: subscribe to SafeGuardS (https://www.sgs.com/en/newsletters/global/safeguards-and-product-recalls)!
Read more articles for the Consumer Goods and Retail industry (https://www.sgs.com/en/publications/consumer-compact)
© SGS Group Management SA - 2019 - All rights reserved - SGS is a registered trademark of SGS Group Management SA. This is a publication of SGS, except for 3rd parties' contents submitted or licensed for use by SGS. SGS neither endorses nor disapproves said 3rd parties contents. This publication is intended to provide technical information and shall not be considered an exhaustive treatment of any subject treated. It is strictly educational and does not replace any legal requirements or applicable regulations. It is not intended to constitute consulting or professional advice. The information contained herein is provided "as is" and SGS does not warrant that it will be error-free or will meet any particular criteria of performance or quality. Do not quote or refer any information herein without SGS's prior written consent.
