Commentaries: Art. 58

The cantonal enforcement authorities shall inspect biocidal products and treated articles which are placed on the market or used by the manufacturers themselves.¹
They shall verify whether:
1. the biocidal products placed on the market have an authorisation;
2. for biocidal products used for purposes of research and development, the provisions of Articles 13e and 13f are being complied with;
3. the rulings issued under Article 20 are being complied with, especially whether the rules concerning packaging and labelling and concerning the compilation of safety data sheets are being followed;
4. the rules concerning the provision and retention of safety data sheets are being followed;
5. the special provisions concerning the handling of biocidal products are being complied with;
6. the requirements for treated articles specified in Articles 31 and 31a are being complied with;
7. the provisions of Article 13a concerning parallel trade are being complied with.²
They shall carry out random sampling at the request of the Notification Authority.
In addition, they have the powers set out in Article 42 of the ChemA.
If the biocidal products inspected give grounds for complaint, the inspection authority must inform the Notification Authority and the cantonal authority responsible for issuing an order in accordance with Article 59.

Amended by No I of the O of 20 June 2014, in force since 15 July 2014 (AS 2014 2073). ↩
Amended by No I of the O of 20 June 2014, in force since 15 July 2014 (AS 2014 2073). ↩

Art. 58