Commentaries: Art. 38

The label must not be misleading in respect of the risks from the biocidal product to human health, animal health or the environment or its efficacy. It must not, in any case, mention the indications «low-risk biocidal product», «non-toxic», «harmless», «natural», «environmentally friendly», «animal friendly» or similar indications.
Biocidal products and active substances for use in biocidal products must be labelled:¹
1. in accordance with the summary of the biocidal product characteristics referred to in Article 20 paragraph 2 letter b; and
2. in accordance with Articles 10, 11 and 93 paragraph 1 letter b of the ChemO²mutatis mutandis ; where the ChemO refers:³
1. to the manufacturer, this shall be understood for the purposes of this Ordinance as the authorisation holder, 2. to dangerous substances and preparations, this shall be understood for the purposes of this Ordinance as all biocidal products and active substances for use in biocidal products.
In addition to the details specified in paragraph 2, the following must be indicated on the label:⁴
1. the identity of every active substance and its concentration in metric units;
2. the Swiss authorisation number;
3. ⁵ the type of formulation;
4. the uses for which the biocidal product is authorised;
5. directions for use; in particular, for each use provided for under the terms of the ruling, the following are to be specified:
1. the frequency of application, 2. the dose rate, expressed in metric units, in a manner which is meaningful and comprehensible to the user; f. particulars of likely direct or indirect adverse side effects and any directions for first aid; g. the nanomaterials contained in the product, if any, and any specific related risks, and, following each reference to nanomaterials, the word «nano» in brackets; h. if accompanied by a leaflet: the sentence «Read attached instructions before use» and, where applicable, warnings for vulnerable groups; i. directions for the safe disposal of the biocidal product and its packaging, including, where relevant, any prohibition on the reuse of packaging; j. the formulation batch number or designation; k. the expiry date relevant to normal conditions of storage; l. where applicable, the following details: 1. the time to onset of the biocidal effect, 2. the interval to be observed between applications of the biocidal product, 3. the interval to be observed between application and the next use of the product treated, or the next access by humans or animals to the area where the biocidal product has been used, including particulars concerning: – decontamination means and measures and duration of necessary ventilation of treated areas – adequate cleaning of equipment – precautionary measures during use and transport.
Where applicable, the following must also be indicated:
1. the categories of users;
2. information on any specific danger to the environment, particularly concerning protection of non-target organisms and avoidance of contamination of water;
3. for biocidal products consisting of or containing microorganisms: labelling requirements in accordance with Directive 2000/54/EC⁶.
Where this is necessary because of the size or the function of the biocidal product, the information specified in paragraph 3 letters c, e, f and i–l and paragraph 4 letter b must be indicated as follows:
1. on the packaging; or
2. in an accompanying leaflet contained in the packaging.⁷
.⁸

Amended by No I of the O of 5 June 2015, in force since 1 July 2015 (AS 2015 1985). ↩
SR 813.11 ↩
Amended by Annex 10 No II 3 of the Plant Protection Products Ordinance of 20 Aug. 2025, in force since 1 Dec. 2025 (AS 2025 565). ↩
Amended by No I of the O of 18 Nov. 2020, in force since 15 Dec. 2020 (AS 2020 5125). ↩
Amended by No I of the O of 5 June 2015, in force since 1 July 2015 (AS 2015 1985). ↩
Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work, OJ L 262 of 17 October 2000, p. 21. ↩
Amended by No I of the O of 18 Nov. 2020, in force since 15 Dec. 2020 (AS 2020 5125). ↩
Repealed by No I of the O of 5 June 2015, with effect from 1 July 2015 (AS 2015 1985). ↩

Art. 38

Footnotes