Product Control Act, § 3a – requirement to apply the substitution principle

A statutory requirement to apply the substitution principle entered into force on 1 January 2000. The requirement was introduced in a new section of the Product Control Act. The requirement means that enterprises must evaluate whether they can replace hazardous substances with less hazardous alternatives. The alternatives must be assessed in the same way as the chemicals that are to be replaced. If less hazardeous alternatives exist, the enterprise shall use them provided that this does not cause unreasonable cost or inconvenience.

This is a practical application of the general requirements to show due care and carry out risk assessment that are already set out in the Regulations relating to Systematic Health, Environmental and Safety Activities in Enterprises. Enterprises must identify dangers and problems, assess the risks associated with their activities, and draw up plans and measures to reduce these risks.

Criteria for undesirable properties

As a general rule, the requirement to apply the substitution principle applies to all substances with properties that may entail a environmental or health risks. The environmental authorities have laid down recommended criteria for undesirable properties. Special caution is required if chemicals have these properties.

Who is required to apply the substitution principle?

All enterprises that use substances that may be hazardous to health or the environment are required to apply the substitution principle. Anyone who uses such substances for occupational purposes must also evaluate the chemicals they use in order to reduce unnecessary risk. This applies to all users in the private and public sectors, in manufacturing and in service sectors. However, it does not apply to private consumers.

Which products does the new requirement apply to?

Since the statutory requirement to apply the substitution principle has been included in the Product Control Act, it applies to all products containing chemicals that may be hazardous to health or the environment. The term products includes raw materials, auxiliary materials, intermediate products and finished products of any kind, and applies to products at all stages of their life cycles, including waste.

For example, the requirement applies to: chemicals, both substances and preparations, that are used as raw materials, input materials or auxiliary materials; preparations, such as detergents, degreasing agents, printing inks, paint, varnish, impregnating agents, absorption agents, paint stripper, coating preparations, hardeners and adhesives; products that are not classified as chemicals but that contain a hazardous substance, such as impregnated wood, rechargeable batteries containing heavy metals, plastic products containing flame retardants, stabilizers and dyes.