Plastics and packaging laws in Switzerland

Particularly when compared to the regulations within the European Union, plastic waste and packaging is currently only scarcely and indirectly regulated in Switzerland.

The Federal Council has the statutory authorisation to pass regulations to: (i) prohibit the placing on the market of products intended for single and short-term use, if their benefits do not justify the pollution caused; or (ii) require manufacturers to avoid production of waste where there is no known environmentally compatible process for its disposal (article 30a litera a. and b. of the Federal Act on Environmental Protection (EPA); SR 814.01). However, the Federal Council has not yet used this authorisation.

As already mentioned under answer 1 above, the Federal Council would be entitled pursuant to article 30a EPA to prohibit the placing on the market of products if their usage does not justify the environmental pollution caused by them. This also includes packaging intended for one-off and short-term use. However, at the moment, there are no mandatory measures for single-use plastics. Switzerland is currently relying on voluntarily imposed measures taken by the industry and retailers based on producer responsibility and cooperation. Particularly worth mentioning is the "Collection 2025" project, where private organisations along the entire value chain are working on a circular economy for plastic packaging and beverage cartons. They are currently in the process of setting up a national collection and recycling system for plastic packaging and beverage cartons with a corresponding organisation and financing solution. Mid 2023, already 70 organisations have signed the respective pact "closing cycles for plastic packaging and beverage packaging".

There are no existing nationwide producer responsibility schemes in place. However, some cantons oblige manufacturers and retailers to accept returned packaging (e.g. Zurich and Jura). See also answer to question 2 above.

Switzerland does not have a deposit system in place. However, Switzerland has a functioning (entirely voluntary) PET recycling system. As a result of this recycling system, more than 80% of PET bottles used in Switzerland are being recycled. According to art. 8 para 1 and 2 of the Ordinance on Beverage Containers, if the minimum recycling rate of 75% for PET beverage bottles is no longer attained, the Federal Department of the Environment, Transport, Energy and Communications (DETEC) may introduce a deposit based on the Ordinance on Beverage Containers (BCO).

Other types of plastics are collected and partially recycled in certain parts of Switzerland on a voluntary basis, but there is currently no countrywide collection or recycling system in place for them.

There are no taxes on packaging or plastics. Furthermore, in March 2021 the Council of States rejected a legislative initiative of the Commission for the Environment, Spatial Planning and Energy (ESPEC), which aimed at introducing a tax by 2025 on disposable plastic packaging for beverages and cleaning products containing less than 25% of recycled material. Thus, at the moment, there are no expected taxes on packaging or plastics in Switzerland.

There are no measures regarding micro-plastics or the use of microbeads in products. So far, Switzerland does not see any necessity for actions in the field of microplastics. The Federal Council considers the risk of microplastics to be relatively low and therefore rejects a general ban, and Switzerland does not currently plan to follow the EU ban on plastics. Instead, Switzerland relies on the voluntary actions of the business community. Various manufacturers have announced that they will abandon or reduce the use of microplastics. However, as there is no uniform official definition, manufacturers determine what they understand to be microplastics (e.g. only solid or liquid, waxy and gel-like plastics). 

At the moment, there are no existing recycling or waste reduction targets in place.

However, answering to postulates of members of the parliament, the Swiss Federal Council published in September 2022 a report on plastic and the environment. The Federal Council came to the conclusion that a combination of information, awareness-raising measures, development of new technologies, process optimisation as well as bans and obligations would be helpful and explicitly stated that the introduction of standardised requirements and targets (e.g. in a Packaging Ordinance) would contribute to the expansion of the circular economy and the resource conservation in Switzerland.

Additionally, in March 2021, a motion to promote the circular economy, in particular the coordinated and nationwide collection and recycling of plastic waste, was accepted by the National Council and the Council of States. This motion mandates the Federal Council to establish by means of an ordinance the separate collection and recycling of the recyclable fractions of plastic waste on a nationwide level throughout Switzerland.

The use of recycled materials in food packaging is regulated. The Ordinance on materials and articles intended to come into contact with foodstuffs (Consumer Goods Ordinance; SR 817.023.21) regulates food packaging in general, including the use of recycled materials (e.g. plastics, paper, cardboard) in food packaging. For example, one requirement for recycled paper and cardboard to be used as food packaging is that they are made from production waste of non-printed fresh fibres that meet the requirements applicable to them (art. 27 lit. a Consumer Goods Ordinance). Also, regarding recycling-plastics, the recycler must compile systematically in the form of written rules and procedural instructions all aspects, requirements and regulations taken into account in quality assurance (see Annex 5 to the Consumer Goods Ordinance).

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This chapter was last updated on December 2023 and does not reflect any subsequent developments in the law.