The whole biological exploitation must be operated according to the rules of organic production.

¹ Within a biological exploitation, surfaces assigned to perennial crops may be exploited in a non-biological manner, provided that the required ecological benefits referred to in s. 11 to 25 of the order of 23 October 2013 on direct payments (OPD) ² Are provided for these surfaces. ³

² Within a non-biological operation, areas affected by perennial crops may be exploited according to the rules of organic production, provided that the required ecological benefits referred to in Art. 11 to 25 DPOs are provided for the non-organic part of the operation. ⁴

³ The surfaces affected by the perennial crops referred to in paras. 1 and 2 must remain the same for at least five years.

⁴ A perennial crop referred to in one of the let. A through art. 22, para. 1, of the Order of 7 December 1998 on agricultural terminology ⁵ , must be carried on, within the same operation, either entirely according to the rules of organic production, or entirely in a non-organic way.

⁵ The DEFR may authorise, on a case-by-case basis, derogations from the principle of comprehensiveness for the purpose of research.

¹ Farms reconverted to organic production are considered for two years as reconverting operations. A two-year conversion period is applicable to useful surfaces, especially those that have just been integrated into the biological exploitation. The decisive conversion date is 1 ^Er January. ¹

^1bis THE OFAG ² May fix a shortened conversion time for the cultivation of mushrooms and the production of shoots. ³

² The provisions of this order must be complied with during conversion.

³ At the beginning of the conversion, the producer and the certification body shall jointly determine all measures to ensure that the provisions of this order are complied with and monitored on a long-term basis.

¹ If the complete and immediate conversion of an operation involving viticulture, fruit or vegetable crops or the cultivation of ornamental plants carries risks too high, it can be done in stages. The entire operation must be reconverted after five years; the case of the holdings referred to in s. 7, para. 1, is reserved.

² The OFAG decides whether conversion can take place in stages. ¹

³ In particular, the following conditions must be met:

A.

Draw up a binding conversion plan, presenting a detailed description of the stages of conversion and a timetable;

B.

Avoid contamination of biological plots with unauthorized auxiliary materials;

C.

Clearly delineate the areas operated under different rules;

D.

Harvest and store separately products from different modes of production;

E. ²

Prove that the required ecological benefits under s. 11 to 25 OPD ³ Are provided for all surfaces that are not operated according to the rules of organic production;

F.

Take a sample each year for the analysis of residues in products derived from organic production;

G.

Meet the requirements set out in Schedule 1.

⁴ If the full and immediate conversion of the custody of an annuity is not reasonably necessary, the OFAG may authorize the operation to be converted within three years, in stages according to the categories of animals. ⁴

⁵ Parallel production is prohibited in the following cases:

A.

For varieties that are not clearly distinguishable;

B.

For animals of the same class of livestock. ⁵

¹ There is a need to maintain and, where possible, increase soil fertility and biological activity. To this end, the following measures should be taken in particular:

A.

To operate the soil in a manner that maintains its performance capacity in a sustainable manner, given its physical, chemical and biological properties;

B.

Promoting biodiversity;

C.

Planning rotation and shares of different crops and the use of grasslands and soil to avoid problems related to crop rotation, soil erosion, runoff and leaching of nutrients and nutrients Phytosanitary products ¹ ;

D.

Ensure, in the cultivation of fields, a plant cover to minimize erosion and losses of nutrients and plant protection products;

E.

To differentiate the intensity of the use of forage crops and to adapt it to the environment.

² Hydroculture is not permitted. ²

¹ In order to regulate pests, diseases and weeds, the following measures should be taken in general:

A.

Make an appropriate choice of species and varieties;

B.

Rotate appropriate crops;

C.

Use mechanical processes;

D.

Use thermal processes, soil vaporization to be limited to sheltering crops under cover, and the production of plants;

E.

Create conditions for the promotion and protection of auxiliaries (p. Ex. Hedgerows, nesting sites, dissemination of useful organisms).

² The DEFR determines which phytosanitary products are allowed and how to use them. Substances of origin other than plant, animal, microbial or mineral which are not identical to their natural form may be authorised only if the conditions for the use of these substances exclude any contact with the parties Edible of the plant. The authorisation procedure laid down in the order of 18 May 2005 on plant protection products ¹ Is reserved. ²

³ Phytosanitary products can only be used in cases of immediate threat to crops.

⁴ The use of growth regulators, cover products and herbicides is not permitted.

Requirements for the testing of sprayers and the clear water tank for use or self-drawn pulverizers under Schedule 1, c. 6.1, OPD ² , must be met. Exceptions are the Déméter operations which use their devices only to spray biodynamic preparations.

¹ Organic fertilizers such as farm fertilizers and composts must come from the farm where possible.

² The DEFR determines which fertilizers are allowed, as well as how to use them. The use of nitrogen mineral fertilizers is prohibited. ¹

³ The quantity of manure to be applied shall be established on the basis of a balanced smoke balance in accordance with Art. 13 OPD ² And the requirements of Schedule 1, c. 2, OPD. ³

⁴ The amount of nutrients applied per hectare (farm fertilizers produced in the operation or from other farms, fertilizers purchased) must correspond, in the best conditions in plain, to 2.5 units of wholesale betail-fumure (UGBF) maximum. It must be scaled according to soil resistance, altitude and topographic conditions. If the canton has set the maximum at a lower level, in accordance with the legislation on the protection of water, these maxima shall prevail.

⁵ Appropriate products based on micro-organisms or plants, such as bio-dynamic preparations, and stone flours (rock powders) can be used to activate compost or soil. ⁴

⁶ Shipments of farm fertilizers can only take place between farms that provide the ecological benefits required by the OPD. ⁵

¹ Seed, plants and vegetative propagating material must come from biological operations.

² The parent plant in the case of seeds, and the parent plant (s) in the case of vegetative propagating material, shall be produced in accordance with the rules laid down in this Chapter for at least one generation and, if it is Perennial crops, during two periods of vegetation. ¹

³ In derogation from para. 1, of plant material multiplied in vitro and certified in accordance with the order of 7 December 1998 on seeds ² Can be used. ³

^3bis DEFR draws up a list of species or subgroups of species, of which there are sufficient seeds and vegetative propagating material derived from organic farming in Switzerland, as well as a sufficient number of varieties derived from it. Biological culture. ⁴

⁴ The requirements set out in the Seeds Ordinance are reserved.

¹ Anyone who intends to use non-organic seed or vegetative propagating material must prove that:

A.

Seed or vegetative propagating material derived from organic production and meeting its requirements is not available, or

B.

No supplier is able to deliver the seed or vegetative propagating material prior to planting or planting, although it has ordered them on time.

² Is considered as evidence within the meaning of para. 1 draw from the available supply recorded in the information system referred to in s. 33 A .

³ Any person who uses non-organic seed or vegetative propagating material shall notify the operator of the information system referred to in s. 33 A The quantity and variety used.

⁴ In the case of species or sub-groups of species for which there is little or no seed or vegetative propagation material derived from organic farming, it is possible to use seed and propagating material Non-organic vegetatively without having to provide the evidence referred to in para. 2 and without having to notify it in accordance with para. 3. The operator of the information system shall designate the varieties and species concerned in the latter in accordance with the instructions of the OFAG.

⁵ In the case of species or sub-groups of species referred to in s. 13, para. 3 ^Bis , seed and non-organic vegetative propagating material may be used only if the OFAG grants permission to do so. The latter shall be granted only if the seeds and vegetative propagating material are used for research purposes, in small field trials or in the preservation of a variety.

⁶ The use of seed and non-organic seed potatoes shall be permitted provided that they have not been treated with phytosanitary products other than those allowed for organic production, unless the chemical treatment Is prescribed for phytosanitary reasons for all varieties of a given species in the cultural region . ²

¹ The collection of edible wild plants and parts of wild plants that grow spontaneously in the wild, in forests and on agricultural land, is considered to be a production in the context of organic farming when:

A.

These surfaces were not treated with unauthorized products during the three years preceding the harvest;

B.

The collection is not detrimental to the stability of the natural environment, nor to the preservation of the species in the collection area.

² The area of collection must be geographically delimited.

³ The collection should be carefully documented.

⁴ The control procedure for organic holdings shall apply mutatis mutandis.

¹ Cattle, including Asian buffaloes and buffalo, equidae, sheep, goats, hogs and poultry, must be kept in accordance with the regular outdoor discharge provisions of s. 75 OPD ² And the requirements of Annex 6 OPD. The guard of rabbits is governed by the provisions on stabulation systems that are particularly respectful of animals in art. 74 OPD and the requirements of Annex 6 OPD. ³

² The DEFR may make additional provisions on:

A.

Facilities of the barns;

B.

Custody and livestock;

C.

Pasture and rangeland.

³ It may make provisions on the custody of other categories of livestock. ⁴

¹ The stabulation of animals is prohibited.

² In agreement with the certification body, however, may be retained: ²

A.

Certain animals, for a limited period, for reasons relating to safety or the protection of animals;

B. ³

Cattle, if the provisions of s. 75 OPD ⁴ Concerning regular outdoor exits are respected.

³ ... ⁵

In case of summer, animals must be summer-summer on organic farms. They may, in some cases, be summer-summer on farms that meet the requirements set out in ss. 26-34 OPD ² .

¹ Food must cover the physiological needs of animals at different stages of development and promote quality more than quantity.

² Feeder practices by gavage and the care of animals under conditions that may lead to anemia are prohibited.

¹ The DEFR determines the permitted feed and the manner in which it is to be used.

² It may prohibit the use of certain feed additives and certain processing aids, as well as certain processing methods. ²

³ In derogation from the principle laid down in Art. 3, let. C, the DEFR may authorise feed additives and processing aids used in the manufacture of feed or obtained by means of genetically modified organisms, where these products:

A.

Cannot be replaced by other substances; and

B.

Are not available on the product market otherwise. ³

⁴ The purchase of feed as a complement to the operating feed base is permitted. Purchased foods must come from organic farming and, if possible, come from the same region. For the purpose of harmonisation with EU legislation, DEFR may provide for a limited share of non-organic food to be purchased. ⁴

⁵ The incorporation of feed for animals from reconverting operations is authorised, up to an average of 30 % of the dry matter contained in the feed ration of each category of animals. When these foods come from exploitation, this figure can be increased to 60 %, and to 100 % when it is a conversion operation. ⁵

⁶ If it is proved that the feed production has suffered losses in particular due to exceptional weather conditions, the holder of the animals directly concerned may, after written approval by the certification body, use during A limited duration of non-organic foods, provided that there is a credible demonstration to the above body that organic foods are not available in sufficient quantities. If entire regions are affected by feed production losses, the OFAG may grant approval by region. ⁶

⁷ The components of feed must be left to the natural state and the techniques used for the preparation of food must, to the greatest extent possible, be in accordance with nature and consume little energy. Animal feed must not contain traces of genetically modified organisms or traces of products derived from genetically modified organisms whose share exceeds the upper limits set for unavoidable impurities in Animal feed legislation.

⁸ Animals in a transhumant herd or in summer animals may be temporarily grazed on non-organic operated surfaces. The share of fodder consumed during this period should not exceed 10 % of the total annual quantity of ingested forage in dry matter. ⁷

⁹ The share of non-organic food in total consumption can be as high as 10 % for pension horses. ⁸

¹ At least 60 % of the dry matter component of the ruminant ration shall come from coarse, fresh, dried or silted feed.

² Young mammals should be fed with unaltered milk, preferably with breast milk. All mammals must be fed unaltered milk for a minimum period of time. This is a function of species. It is three months for cattle (including Bubalus and Bison) and equidae, 35 days for sheep and goats, and 40 days for pigs.

³ In the case of fattening poultry, the food formula must contain at least 65 % of cereals and pulses (their products and by-products) and oilseeds (their products and by-products).

¹ There is a need to promote the health and performance (life performance) of livestock and the quality of animal products by choosing suitable breeds and husbandry methods.

² The reproduction of livestock must be based on natural methods.

³ Artificial insemination is permitted. Other forms of artificial or assisted reproduction (p. Ex. Embryo transfer), however, is prohibited. Derogations for the conservation of threatened genetic resources are possible, following the written approval of the certification body. The animals concerned and their products must not be marketed under a designation referring to organic farming. ²

⁴ No person shall keep animals from an embryo transfer. Except for cattle subject to a livestock contract with a non-organic farming operation. In this case, the animals must be brought back to the original operation by the expiry of a time limit fixed by contract. Animals derived from an embryo transfer which were already in operation prior to the conversion of the holding may be kept until their departure in accordance with the provisions of this order. ³

¹ Disease prevention is based on the following principles:

A.

Selection of appropriate breeds or strains;

B.

Application of child care practices adapted to the needs of different species, promoting good disease resistance and preventing infections;

C.

The use of quality food and regular exits (grazing, rangeland, outdoor climate range) to stimulate the natural immune defences of the animal;

D.

Maintenance of an appropriate density, so as to avoid overloads and zoopathies that may result.

² If an animal falls ill or injured, it must be treated immediately, if necessary under conditions of isolation and in suitable premises.

³ The use of veterinary drugs in the custody of organic animals must respect the following principles:

A.

Herbal products (including plant extracts-except antibiotics -, plant species, etc.), homeopathic products (p. Ex. The plant, animal and mineral substances) and the trace elements and products designated for this purpose by DEFR should be used in preference to synthetic chemical allopathic veterinary medicinal products and antibiotics, to Condition that they have a real therapeutic effect on the animal species concerned and on the disease to be treated.

B.

Whether the products cited in the let. May or may not be ineffective in controlling the disease or treating the injury and if care is needed to save the animal's suffering, it is possible to use allopathic veterinary drugs Chemical synthesis or antibiotics under the responsibility of a veterinary surgeon.

C. ²

The use of coccidiostats, hormones or other similar substances to control reproduction (p. Ex. Induction or synchronization of heats) or for other purposes is prohibited; however, hormones may be administered on a case-by-case basis in the course of curative veterinary treatment.

D.

The preventive administration of synthetic chemical allopathic veterinary drugs or antibiotics is prohibited.

⁴ It should be noted clearly and in an indelible manner in the processing journal the type of product (specifying the active ingredients concerned) as well as the details of the diagnosis, the dosage, the mode of administration, the duration of the And the legal waiting period.

⁵ Treated animals will be clearly identified, individually in the case of large animals, individually or by force for poultry and small animals.

⁶ If the health of the animals is in danger, the vaccination and the vermifuger are permitted.

⁷ ... ³

⁸ The waiting period between the last administration, under normal conditions of use, of chemical allopathic veterinary medicinal products of synthesis to an animal and the production of foodstuffs from that animal under the reference to Organic farming, is doubled in relation to the legal waiting period. This does not apply to products intended to tarnish cows suffering from a condition of the udf.

⁹ Apart from vaccinations, antiparasitic treatments, anaesthetics, analgesics and compulsory eradication plans established by the State, if an animal or group of animals receives in one year more than three treatments based on Veterinary allopathic veterinary medicinal products of synthesis or antibiotics, or more than one treatment if their productive life cycle is less than one year, the animals concerned or the products obtained from these animals cannot be sold in As long as products obtained in accordance with this order, and animals must be submitted The conversion periods defined in Art. 16 F , para. 2. ⁴

¹ Zootechnical operations should be reduced as far as possible. They shall be made at the most appropriate age of the animals by qualified personnel.

² The amputation of the tail, the size of the teeth as well as the trimming of the beak, nails and wings for the poultry, the hacking, the ornamentation of adult animals and the use of nasal loops, and the fixing of staples and iron wire in The pig groin is prohibited. ²

^2bis In justified cases, the ornamentation of adult animals for safety reasons, provided that it is carried out by a veterinarian according to the rules of the art, under anaesthesia and outside the months of May, June, July and August is allowed. ³

³ For some animals, the following interventions are permitted:

A.

The laying of elastics at the tail of sheep, as long as it is necessary to improve the health, welfare and hygiene of these animals;

B. ⁴

The ornamentation of young animals, except yaks, Asian buffaloes and buffalo, under anesthesia, if safety reasons require it.

C. ⁵

Castration to ensure product quality.

¹ The OFAG may authorise, until 31 December 2012, temporary practical tests carried out on biological farms in the field of vaccination against the smell of the verat, including questions relating to ethology, to Efficiency, profitability and product quality.

² Trial applications may be submitted by an independent scientific institution that is responsible for the trial. In the application, the objectives and methodology of the trial should be set out, together with the indication of the organic holdings and number of animals concerned.

³ The marketing of vaccinated animals must be documented without any deficiencies until the end seller. The products concerned must not be exported.

⁴ OFAG may lay down other conditions and charges for practical testing.

¹ Only annuities from organic farms can be kept. This rule does not apply to saddle and line horses, animals kept for recreational purposes, and to cattle under a husbandry contract with a non-organic farm. In this case, the animals must be brought back to the original operation by the expiry of a time limit fixed by contract. ²

² Annuity animals not coming from organic farms and having been placed on the shelves after the beginning of the conversion must be kept in accordance with the rules laid down in this order for the following periods:

A.

Twelve months for equidae and cattle for meat production (including Bubalus and Bison species) and for at least three-quarters of their lives;

B.

At least six months for small ruminants and pigs;

C.

At least six months for animals producing milk;

D.

At least 56 days for broiler chickens before the age of three days;

E.

At least six weeks for poultry intended for egg production.

³ ... ³

⁴ If, in order to supplement the natural increase or to ensure the renewal of the herd, there are not enough animals from organic farms, young nulliparous females from non-organic farms can be introduced Annually in operation, in accordance with the certification body, up to a maximum of 10 % of the stock of equine or adult bovine animals, including the species Bubalus and Bison, or 20 % of the porcine, ovine or caprine animal herd. In organic holdings with less than ten cattle or equidae or less than five pigs, sheep or goats, the renewal shall be limited to one animal per year.

⁵ After written approval by the certifying body, an operation may put on the barn of animals not originating from organic farming, up to a maximum of 40 % of the livestock, provided that animals from farms Biological is not available in sufficient numbers and in the following cases:

A.

Significant extension of the herd;

B.

Race change;

C.

New specialization of livestock;

D.

The need to provide a replacement calf to a mother or nurse cow;

E.

The risk of a particular race being lost to agriculture. ⁴

⁶ After written approval by the certification body, the renewal or reconstitution of the herd with non-organic animals is possible in the case of high mortality due to an outbreak or disaster, for As long as animals from organic farms are not available in sufficient numbers. ⁵

⁷ Breeding males may be purchased at any time from non-organic farms.

⁸ If organic animals are not available in sufficient numbers, operators may purchase non-organic poultry to form a new herd, when the chicks are placed in the chicken coop no later than three days after their Birth. ⁶

¹ For poultry, the minimum age for slaughter is:

A.

81 days for broiler chickens;

B.

49 days for Peking ducks;

C.

70 days for female Barbary ducks;

D.

84 days for male Barbary ducks;

E.

92 days for ducks;

F.

94 days for pintades;

G.

140 days for turkeys and geese.

² Producers who do not apply these minimum slaughter age rules must use slow-growing strains of growth.

¹ In the case of beekeeping, the DEFR may grant exemptions to the general principle of comprehensiveness and conversion.

² It may lay down additional provisions relating to the feeding of bees, the location of the hives, the health of animals, the origin of bees, identification and control, extraction, processing and storage Apiculture products.

³ It may decide, for certain areas or regions, that the products which come from them cannot be marketed under a designation referring to organic farming.

¹ The company commits to:

A.

To carry out all the work operations in accordance with the requirements of this order;

B.

In the case of an offence or irregularity, to accept the application of the measures provided for in the case of organic production;

C.

In the case of an infringement or irregularity, to inform the purchasers of the product in writing, in order to ensure that the references to the organic production method of the products are deleted;

D.

In the event that the undertaking or its subcontractors are controlled by different certification bodies, to accept the exchange of information between these bodies;

E.

In the event that the undertaking or its subcontractors change its certification body, to accept the transmission of their control file to the following certifying body;

F.

In the event that the undertaking or its subcontractors withdraw from the control system, immediately inform the competent authorities concerned and the certification body thereof;

G.

In the event that the undertaking or its subcontractors withdraw from the control system, to accept that its control file be retained for at least five years;

H.

To immediately inform the certification body concerned of any irregularity or infringement which compromises the biological status of its product or biological products acquired from other undertakings or subcontractors.

² The company undertakes in writing to meet the obligations set out in para. 1. The description and measures referred to in Annex 1, c. 1.1, para. 1, must also be included in this declaration.

¹ Producers must:

A.

Keep an accounting;

B. ¹

Maintain a detailed record of plant production, animal care and the use of feed and auxiliary materials;

C.

To store, in organic farming or, in the case of fruit growing and wine-growing operations, in the organic production unit, only production agents authorised for use in the context of Organic farming;

D.

For inspection purposes, allow the certification body to access all farm buildings and parcels, make available the necessary agricultural accounting and supporting documents, and give it any useful information.

² Moreover, the provisions set out in Annex 1 are applicable. ²

¹ Preparation, importing and exporting companies must:

A.

Maintain an agricultural accounting system, which the certification body can consult to the extent necessary for monitoring;

B.

Store separately those products that do not fall within the scope of this order;

C.

Take all necessary measures to identify consignments of goods and to avoid confusion with products which have not been obtained in accordance with this order;

D.

Performing work operations in a closed sequence and separating similar transactions in time or space in respect of products not covered by this order;

E.

For inspection purposes, allow the certification body to access all the operating buildings, make available to the agricultural accounting system and the necessary supporting documents and import certificates and give it Any useful information.

² The import or export business must be able to justify each shipment imported or exported to the certification body.

³ Moreover, the provisions of Annex 1 shall apply.

¹ Marketing companies and inventory holders must: ²

A. ³

Be able to present the supporting documents of a certified undertaking of production, preparation, marketing, storage or importation for all the products covered by this order;

B.

Store separately those products that do not fall within the scope of this order;

C.

Take all necessary measures to identify consignments of goods and to avoid confusion with products which have not been obtained in accordance with this order;

D. ⁴

For inspection purposes, allow the certification body to access all production units, make available the accounts and the necessary supporting documents and give it any useful information.

² Moreover, the provisions set out in Annex 1 are applicable. ⁵

¹ For the production of meat, it is necessary, at all stages of production, from slaughter, cutting and any other preparation up to the sale to the consumer, to the controls which are necessary to ensure, to the extent that the The traceability of animal products throughout the production, processing and preparation chain, from the animal production unit to the final packaging and/or labelling unit.

² For products other than meat, the special provisions for ensuring traceability are set out in Annex 1.

¹ Certification bodies must be accredited for their activity in accordance with the order of 17 June 1996 ¹ On accreditation and designation.

² Certification bodies must meet the following conditions:

A.

They must have a settled organisation as well as a certification and control procedure (standard control procedure) to set criteria, in particular, for companies subject to the control of a certification body Shall observe as charges, as well as a plan of measures applicable if irregularities are found;

B.

Have the qualifications, equipment and infrastructure necessary to carry out the monitoring and certification activities in accordance with this order;

C.

They have an adequate number of staff with sufficient knowledge of the elements affecting the biological status of the products;

D.

They shall ensure that the employees of the certification body have the necessary qualification, training and experience in the field of organic production in general and the requirements of this order in Specific;

E.

They are independent and free from any conflict of interest from the point of view of control and certification activity;

F.

They have adequate regulations on the independence and rotation of inspectors. ²

³ It shall also take into account the tasks set out in Annex 1. ³

¹ After consulting the Swiss Accreditation Service (SAS), the OFAG recognises foreign certification bodies who wish to carry out activities on Swiss territory, if these bodies prove that they have a qualification equivalent to The one required in Switzerland.

² In particular, certification bodies must:

A.

Meet the requirements of s. 28, para. 2 and 3;

B.

Meet the obligations under s. 30 to 30 E ;

C.

Know the relevant Swiss legislation.

³ When filing an application for recognition, it is necessary to certify that the requirements of paras. 1 and 2 are completed.

⁴ Art. 18, para. 3, LETC is reserved.

⁵ The OFAG may grant recognition for a limited period of time and subordinate it to expenses. In particular, it may impose on the certification body the following charges:

A.

Accept the controls of the OFAG relating to the activities carried out in Switzerland and cooperate with those controls, in particular the measures provided for in Art. 32 to 33 A ;

B.

Give the OFAG detailed information on the activities carried out in Switzerland in accordance with Art. 30 D , para. 3;

C.

Use the data and information gathered from the controls only for control purposes and comply with the Swiss data protection regulations;

D.

Pre-discuss with the OFAG any proposed changes to the facts relevant to the recognition;

E.

To contract appropriate liability insurance or to provide adequate reserves.

⁶ The OFAG may cancel the recognition if the requirements, obligations and charges are not met.

¹ Certification bodies shall carry out a check of each undertaking at least once a year, and at least twice a year if the conversion takes place in stages. They shall examine whether the undertakings subject to the certification scheme fully comply with the requirements of this order.

² In addition, they conduct spot checks. The frequency of these controls depends on the risk assessment of the companies referred to in s. 30 A ^Bis ; these must be carried out in at least 10 % of the undertakings subject to the certification scheme referred to in par. 1.

³ At least 10 % of all inspection and control visits referred to in paras. 1 and 2 must be made without notice.

¹ The certification body shall take samples and analyse them in order to detect, where appropriate, the means or procedures for production not authorised in organic farming or in the traces thereof, where the implementation of Such means or production procedures are suspected.

² The certification body may, in any event, collect and analyse samples.

³ The number of samples to be taken and examined each year by the certifying body shall represent at least 5 % of the holdings under its control. The general assessment of the risk of non-compliance with the provisions for organic production is the basis for determining in which companies the samples should be taken. This general assessment takes into account all stages of production, processing and distribution.

The certification bodies shall provide the OFAG with documentation on the risk assessment procedure for companies subject to their control. The risk assessment takes into account the results of previous checks, the quantity of products concerned and the risk of mixing organic and non-organic products. The risk assessment serves as a basis for determining:

A.

The extent of annual controls with or without notice;

B.

Contracted companies that are subject to additional testing under s. 30, para. 2;

C.

Inspections and controls carried out without prior notice under s. 30, para. 3;

D.

Companies in which inspections and visits without notice are to be carried out.

¹ The certification body referred to in s. 23 A , 28 or 29 or, where applicable, the supervisory authority referred to in s. 23 A Issues a certificate to any undertaking that is the subject of its controls and, in its business line, meets the requirements set out in this order. The certificate shall permit identification of the undertaking and indicate the type or range of products and the duration of validity of the certificate.

² The certificate may also be issued electronically, provided that its authenticity is guaranteed by a recognized and inalsifiable electronic method.

³ Certification bodies are required to publish an updated common list of valid certificates. The OFAG may prescribe where certificates are to be published.

¹ The certification body shall take appropriate control measures, in particular as regards the flow of goods and the residues of unauthorised auxiliary materials:

A.

If, in accordance with ss. 7 or 9, the rules of organic farming do not apply to the whole operation; or

B.

If, in accordance with s. 13 A , material of vegetative propagation not derived from organic production is used.

² The DEFR may lay down the minimum requirements for these control measures.

Each inspection or inspection must be the subject of a report, which must be countersigned by the person responsible for the undertaking concerned.

¹ Certification bodies shall maintain a list of companies subject to their control. The list shall include, inter alia:

A.

Name and address of the business;

B.

The type of activity and products;

C.

For organic holdings, all plots and the time when unauthorized products were last used on these plots.

² Certification bodies shall transmit to the OFAG and the bodies of the cantonal control of foodstuffs, on 31 January of each year at the latest, the list of undertakings which were subject to their control on 31 December of the year And those registered for the current year, and submit to it each year a summary report, in particular on the agreements on derogations provided for in Art. 16 A , para. 6, 16 C , para. 3, 16 E , para. 2, and 16 F , para. 5 and 6. The OFAG may issue directives on this matter.

³ The DEFR may issue performance requirements concerning the transmission of the data referred to in paras. 1 and 2. ²

¹ If the undertaking or its authorised representative is controlled by different certification bodies or by third parties, these certifying bodies and the third parties that they have mandated shall exchange relevant information on operations That they controlled.

² If the company or its authorised representative changes its certification body, the bodies concerned must immediately inform the OFAG and the competent cantonal food control bodies.

³ The former certification body shall forward to its successor the relevant parts of the control file of the undertaking concerned and the reports referred to in Annex 1, c. 1.1.4.

⁴ The new certification body will ensure that the company has corrected or is in the process of correcting the non-compliance found in the former certification body's report.

⁵ In the following cases, the certification body shall immediately inform the OFAG and the competent cantonal food control body:

A.

When a company withdraws from the control system;

B.

When it finds irregularities or infringements which jeopardise the biological status of the products;

C.

Where it finds irregularities or infringements concerning products subject to the control of other certifying bodies.

⁶ The OFAG or the competent cantonal food control body may also request further information on irregularities or infringements of the certification body. The information shall be transmitted immediately by the certification body.

¹ The OFAG shall execute this Order subject to s. 34. When it is not food, it shall carry out this order under the legislation on agriculture.

² THE OFAG:

A.

Maintains a list indicating the name and address of the undertakings subject to the control procedure;

B.

Maintains a list of accredited or recognized certification bodies in the field of application of this order;

C.

Records the offences found and the penalties imposed;

D.

Informs the cantonal services concerned and the certifying bodies of the measures taken under Art. 169 LAgr;

E.

Monitors certification bodies (art. 32 and 33).

³ It can call on experts.

¹ OFAG's monitoring activity includes:

A.

The assessment of the internal process of the certification body for the control, administration and audit of control files with respect to the requirements of this order;

B.

Verification of the procedure for situations of non-compliance, disputes and appeals.

² The OFAG coordinates its monitoring activity with that of the SAS.

³ As part of its monitoring activity, it ensures that the requirements of s. 28 and 29, para. 2, are respected.

⁴ It may request the SAS to suspend or revoke an accreditation within the meaning of s. 21 of the Order of 17 June 1996 on accreditation and designation ² In the field of application of the organic prescription, if a certification body does not comply with the requirements of this order or does not comply with the requirements contained therein.

⁵ It may issue instructions to certification bodies. The instructions also include a catalogue designed to harmonise the procedures of certification bodies in the event of irregularities.

The OFAG conducts an annual inspection of the accredited certification bodies in Switzerland in accordance with Art. 28 and 29, insofar as this is not guaranteed in the context of accreditation. On this occasion it controls in particular:

A.

If the standard inspection procedure of the certification body referred to in Art. 28, para. 2, is respected;

B.

If the certification body meets the requirements of s. 28, para. 3;

C.

If the certification body has written procedures and templates and uses them for the following tasks:

1.

Annual risk assessment in accordance with s. 30 A ^Bis , para. 1,

2.

Development of a risk-based strategy for specimen collection, displacement and laboratory analysis of samples,

3.

Exchange of information with other certification bodies or third parties mandated by the latter and with the implementing authorities,

4.

Carrying out the first checks and controls of the companies subject to their control,

5.

Application and monitoring of actions taken under s. 32, para. 5, in the case of irregularities or infringements,

6.

Compliance with the provisions of the Federal Act of 19 June 1992 on data protection ² .

¹ The Institute for Research in Organic Agriculture of Frick (IRAB) manages an information system "OrganicXseeds" on seeds and material of vegetative propagation derived from organic farming. This information system enables:

A.

Register biological propagating material; the supplier must request the new records;

B.

Prove that biological propagating material is available.

² Users can access the information system free of charge and download information on the availability of biological propagation material.

³ DEFR defines in particular:

A.

The conditions governing the registration of a variety in the information system;

B.

How to access the data.

¹ The cantonal food control bodies shall carry out this order in accordance with the legislation on foodstuffs.

² Cantonal veterinary services shall ensure compliance with this order in slaughterhouses as part of veterinary checks.

³ If the cantonal food control bodies or the cantonal veterinary services discover infringements, they shall inform the OFAG and the certifying bodies.

⁴ In the event of an infringement of the legislation on the protection of animals, the protection of the water, the protection of the environment and the protection of nature and the landscape, the implementing bodies concerned shall inform the bodies of the Certification and the bodies of the cantonal control of foodstuffs.

⁵ Non-compliance with the provisions of the legislation on the protection of the environment, the protection of the environment and the protection of the nature and landscape relevant to agriculture must be determined by means of a decision which has the force of Executory.

¹ The enforcement of the provisions of this order in the case of feed at all levels of the production, processing and distribution of feed is the responsibility of the OFAG under the regulations Referred to in s. 70 of the order of 26 October 2011 on feed ² .

² If the OFAG establishes animal feed offences, it shall take the necessary administrative measures. It shall inform the competent cantonal food control body and the certifying bodies.

¹ Certain plots allocated to viticulture may be operated in a biological manner independently of the remainder of the operation until 31 December 2008, provided that the ecological benefits required under Art. 11 to 25 OPD ² Be provided on the other parcels. ³

^1bis Farms which, by virtue of the transitional provision under para. 1, exploit, in 2008, plots allocated to viticulture in a biological manner independently of the rest of the operation, may continue to exploit these plots in a biological manner, under the same conditions, until 31 December 2011. ⁴

² ... ⁵

³ The certification body shall take appropriate control measures, in particular as regards the flow of goods and the residues of unauthorised auxiliary materials. The DEFR may lay down the minimum requirements for these control measures.

⁴ The certification body shall notify the OFAG of the holdings referred to in par. 1 from the start of the monitoring procedure. ⁶

Seed and material of vegetative propagation not in accordance with art. 13 A That were ordered before 1 ^Er January 2004 may be used after this date.

The generally accepted rules of organic farming will be respected until the provisions relating to the custody of animals, according to Art. 15, para. 3, have been enacted.

¹ In agreement with the certification body, goats may be attached until 31 December 2018 in buildings constructed before 1 ^Er January 2001, provided that: ²

A.

The holder ensures the regular exits of the animals in the open air; and

B.

They are kept on surfaces covered with abundant litter and are individually supported.

² ... ³

Animals derived from an embryo transfer that were already in operation before 1 ^Er January 2001, may be kept in accordance with the provisions of this Order until their departure.

The designation of products shall be subject to the following transitional periods:

A. ²

The code number of the certification body may be indicated until December 31, 2012 under the old law. From 1 ^Er January 2013, products and packaging materials can only be handed over to consumers until stocks are exhausted.

B.

Yeasts and yeast products may be considered as non-agricultural ingredients until December 31, 2013.

¹ Animal feed may be designated under the law in force until 31 December 2014.

² Existing stocks 1 ^Er January 2015 of feed, labelled according to current law, can be put into circulation until stocks are exhausted and used for feeding animals up to the consumption deadline.

If the OFAG grants an individual authorization within the meaning of s. 24 of the old right, the products may still be marketed as organic until the expiry of that authorisation. Applications for individual authorisation which are filed until 31 December 2014 are processed in accordance with the old right.

This order shall enter into force on 1 ^Er January 1998.