Depending on their area of application, nanomaterials and nanoproducts fall within the scope of a variety of laws and ordinances. Applicable provisions and planned amendments are outlined in brief below.
Current regulations:
Foodstuffs, cosmetics and packaging
Nanomaterials in foodstuffs and cosmetics must be declared as in the EU New nanomaterials require authorisation. It must be shown that the substance neither poses a risk to human health nor gives rise to deception for authorisation to be given.
Household products
Household products such as cleaning products, waterproofing sprays and paints fall under the Chemicals Ordinance irrespective of whether they contain nanomaterials or not. Manufacturers are obliged to assess the safety of their products (self-monitoring). Depending on the toxicity of the substances and nanomaterials they contain, products must be labelled with hazard symbols and display safety advice. There is an obligation to register products classified as hazardous. These products can be viewed in the public product register. The link to it can be found on this page under ‘Links’.
Materials and household textiles that contain hazardous substances or nanomaterials are also subject to the self-monitoring obligation. Manufacturers have to establish whether these substances and nanomaterials could make their way into the environment and endanger people or the environment when they are used and disposed of in the intended or expected manner. There is no obligation to label materials and textiles.
Biocidal products such as disinfectants and wood preservatives require authorisation. They may only contain active ingredients that are approved. (The link to the Active ingredients list can be found on this page under ‘Links’). Nano-forms of active ingredients are assessed separately in the authorisation procedure. If a biocidal product contains nanomaterials, this must be stated on the label.
Latest amendments to the Chemicals Ordinance
The Chemicals Ordinance makes a distinction between old and new substances. It distinguishes between substances that came onto the European market before 1981 and those that came onto the market after that date, and whether they are listed in the European Inventory of Existing Chemical Substances. There is an obligation to register and test new substances, whereas old substances that are classed as hazardous have to be reported. The obligation to report also comprises nanomaterials classified as hazardous, as well as substances and preparations specifically containing biopersistent fibres or tubes with a length of more than 5 μm.
Last modification 12.05.2022
Contact
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