Aerosol dispensers are regulated in Annex 2.12 of the Chemical Risk Reduction Ordinance (ORRChem). Regulations on the use of toxic, corrosive or flammable substances are intended to ensure consumer protection, while restrictions on the use of ozone-depleting and climate-active substances in aerosol dispensers aim to protect the atmosphere.
Basic legal sources
Aerosol dispensers are non-refillable receptacles made of metal, glass or plastics and containing a gas compressed, liquefied or dissolved under pressure, with or without a liquid, paste or powder. They are fitted with a release device allowing the contents to be ejected as a gas or as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state. They may comprise one or more chambers. (Annex 2.12, number 1, paragraph 1 ORRChem).
1. Aerosol dispensers containing ozone-depleting substances
Since 1 October 1991, the manufacture and the placing on the market of aerosol dispensers containing ozone-depleting substances is prohibited (Annex 2.12, number 2, paragraph 1, letter a ORRChem).
2. Aerosol dispensers containing substances stable in the atmosphere
Since 1 Juli 2003, the manufacture and the placing on the market of aerosol dispensers containing substances stable in the atmosphere is prohibited (Annex 2.12, number 2, paragraph 1, letter b ORRChem).
- Since 1 June 2019, the substance HFC-152a (1,1-difluoroethane) is considered a substance stable in the atmosphere (Annex 1.5, number 1, paragraph 1, letter a ORRChem). Consequently, the above-mentioned prohibitions now also apply to aerosol dispensers containing HFC-152a.
Exemptions to the above-mentioned prohibitions apply under certain conditions to medicinal products and medical devices (Annex 2.12, number 3, paragraph 1 ORRChem).
In addition, the FOEN, in agreement with the Federal Office of Public Health, may grant a manufacturer a temporary exemption from the above-mentioned prohibitions upon justified request, if (Annex 2.12, number 3, paragraph 2 ORRChem):
a) according to the state of the art, no substitute is available for the substances stable in the atmosphere, or for the preparations and articles containing such substances; and
b) the quantity and the global warming potential of the substances stable in the atmosphere being used are no greater than is required for the intended purpose according to the state of the art.
3. Reporting requirements
The reporting requirements for the filling and import of aerosol dispensers containing substances stable in air can be found in Annex 2.12, number 5 ORRChem.
Last modification 06.09.2023