Switzerland Restricts PFAS-Containing Products and Hazardous Chemicals

Switzerland has introduced new restrictions on the use of PFAS-containing products, chlorpyrifos-based preparations, and perchloric acid through a draft ordinance that harmonizes with EU law and sets strict limits on PFAS content in food contact materials and consumer goods

Compliance Analysis: Switzerland’s New Restrictions on PFAS, Chlorpyrifos, and Perchloric Acid

Switzerland has introduced stringent restrictions on per- and polyfluoroalkyl substances (PFAS), chlorpyrifos, and perchloric acid through amendments to the Ordinance on the Reduction of Risks relating to the Use of Certain Particularly Dangerous Substances, Preparations and Articles (Chemical Risk Reduction Ordinance, ORRChem, SR 814.81). These changes align with EU regulations and impose strict limits on PFAS in food contact materials, consumer goods, firefighting foams, and other products. Below is a structured breakdown of the key requirements, thresholds, and deadlines.

1. PFAS Restrictions

1.1 Food Contact Materials and Consumer Goods

The draft ordinance prohibits the placing on the market of packaging that comes into contact with foodstuffs and single-use consumer goods if they exceed the following PFAS thresholds in homogeneous material¹:

• Non-polymeric PFAS (individual): 25 ppb (0.0000025%).
• Sum of non-polymeric PFAS (including precursors): 250 ppb (0.000025%).
• Sum of non-polymeric + polymeric PFAS: 50 ppm (0.005%).

Definition of PFAS: PFAS are defined as substances containing at least one fully fluorinated methyl (CF₃) or methylene (CF₂) group, with no hydrogen, chlorine, bromine, or iodine atoms attached². Exclusions apply to specific structural groups (e.g., CF₃–OR or X–CF₂–X′)².

1.2 Firefighting Foams

• Prohibition on PFAS-containing foams:
  • Portable fire extinguishers and mobile firefighting foams containing PFAS are banned^{3, 2}.
  • Exceptions:
  • Use for training, testing, or operational trials if foams are fully recovered and disposed of appropriately².
  • Pre-existing stocks in non-single-use containers may be used until 31 December 2031 for extinguishers and other applications (e.g., rail/road incidents, civil aerodromes)².
• Definition of PFAS-containing foam: Foam with a total PFAS content ≥ 1 mg/L².

1.3 Other PFAS-Related Restrictions

• Perfluorooctane sulfonic acid (PFOS) and derivatives:
  • Manufacture, marketing, and use of PFOS and its derivatives are prohibited².
  • Thresholds:
  • PFOS content: 25 ppb (0.0000025%)².
  • Total PFOS-related substances: 1,000 ppb (0.0001%)².
• Perfluorocarboxylic acids (PFCAs, C15–C21):
  • Marketing and use are banned, with exemptions for:
  • Medical devices and semiconductors marketed before 1 December 2026².
  • Inhaler coatings until 25 August 2028².
• Perfluorohexane sulfonic acid (PFHxS):
  • Restrictions mirror those for PFOS, with transitional periods for pre-existing stocks².

2. Chlorpyrifos Restrictions

• Ban on marketing and use of chlorpyrifos (CAS 2921-88-2) and preparations containing it^{3, 2}.
• No explicit thresholds are specified in the draft; the prohibition is absolute³.

3. Perchloric Acid and Other Substances

• Perchloric acid is not explicitly detailed in the provided sources, but the ordinance addresses:
  • Partially halogenated unsaturated hydrofluorocarbons (HFOs):
  • Packaging and labeling requirements for HFOs listed in EU Regulation (EU) 2024/573^{3, 2}.
  • Reusable containers and specific labeling (e.g., "contains fluorinated greenhouse gases") are mandatory².
  • Medium-chain chlorinated paraffins (MCCPs, C14–C17):
  • Marketing and use are prohibited, with transitional exemptions until 30 November 2031 for specific applications (e.g., metalworking, leather processing)^{3, 2}.
  • Mercury-containing products:
  • Restrictions align with Annex A of the Minamata Convention³.

4. Transition Periods and Exemptions

5. Enforcement and Compliance

• Authority: The Federal Office for the Environment (FOEN) is responsible for enforcement¹.
• Adoption and Entry into Force:
  • Proposed adoption: 1 November 2026¹.
  • Proposed entry into force: 1 December 2026¹.
• Comments Period: Closed on 28 March 2026 (60 days from notification)¹.

Summary Answer

Switzerland’s draft amendments to the Chemical Risk Reduction Ordinance (ORRChem, SR 814.81) introduce strict limits on PFAS in food contact materials (25–50 ppm thresholds)¹, bans on PFAS-containing firefighting foams (with exemptions until 2031)², and prohibitions on chlorpyrifos, PFCAs (C15–C21), and medium-chain chlorinated paraffins³. The ordinance harmonizes with EU regulations (e.g., EU 2024/573 for HFOs)² and aligns with international conventions (e.g., Stockholm Convention, Minamata Convention)³. Key deadlines include 1 December 2026 for most provisions, with transitional periods for pre-existing stocks and specific applications^{2, 1}. The FOEN oversees compliance, and the final ordinance is expected to enter into force on 1 December 2026¹.

Sources

1. ↩ Draft Ordinance of the Federal Council concerning amendments of the Ordinance on the Reduction of Risks relating to the Use of Certain Particularly Dangerous Substances, Preparations and Articles (Chemical Risk Reduction Ordinance, ORRChem, Fedlaw number: SR 814.81) — SS / directdoc https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/TBTN26/CHE301.pdf&Open=True
2. ↩ WTO TBT notification 26-00513 — Switzerland https://members.wto.org/crnattachments/2026/TBT/CHE/26_00513_00_e.pdf
3. ↩ Draft Ordinance of the Federal Council concerning amendments of the Ordinance on the Reduction of Risks relating to the Use of Certain Particularly Dangerous Substances, Preparations and Articles (Chemical Risk Reduction Ordinance, ORRChem, Fedlaw number: SR 814.81) — SS / directdoc https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/TBTN26/CHE301C1.pdf&Open=True