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RS 916.402 Order of 16 November 2011 concerning basic training, qualifying training and in-service training for persons working in the public veterinary sector

Original Language Title: RS 916.402 Ordonnance du 16 novembre 2011 concernant la formation de base, la formation qualifiante et la formation continue des personnes travaillant dans le secteur vétérinaire public

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916.402

Ordinance concerning basic training, qualifying training and in-service training for persons working in the public veterinary sector

November 16, 2011 (State 1 Er June 2012)

The Swiss Federal Council,

Having regard to art. 2 and 3, c. 1, of the Act of 1 Er July 1966 on epizootics 1 , given art. 41, para. 1, of the Act of 9 October 1992 on foodstuffs 2 , given art. 32, para. 4, of the Federal Act of 16 December 2005 on the protection of animals 3 ,

Stops:

Section 1 General provisions

Art. 1 Purpose

This order sets out the requirements for basic training, qualifying training and continuing education related to the functions of the public veterinary sector carried out by:

A.
Cantonal veterinarians;
B.
Official veterinarians;
C.
Official veterinarians;
D.
Official experts;
E.
Official assistants assigned to the control of animals before slaughter and control of meat;
F.
Official wizards assigned to other tasks.
Art. 2 Principles

1 Every person who performs any of the duties referred to in s. 1 must hold the required certificate of capacity. Persons subject to s. 1, let. B to f, must have obtained their certificate of capacity no later than three years after their entry into office.

2 Cantonal veterinarians must be at least the official veterinarian's certificate of capacity.

3 The certificate of capacity shall be issued to any person who has completed the relevant qualifying training and passed the examination.

4 Every person who performs any of the duties referred to in s. 1 is prohibited from engaging in any other activities that may lead to a conflict of interest.

5 The occupancy rate of the persons referred to in s. 1, let. B and c shall be at least 30 %.

Art. 3 Tasks

1 The cantonal veterinarian heads the cantonal veterinary service.

2 Official veterinarians carry out all the tasks of the public veterinary sector. Senior official veterinarians also carry out management tasks.

3 The official experts shall carry out the tasks of the public veterinary sector which do not necessarily have to be carried out by official veterinarians.

4 The official assistants assigned to the control of animals prior to slaughter and the control of meat shall carry out the tasks of the public veterinary sector for which they are authorised by the order of 23 November 2005 concerning slaughter Of animals and meat control 1 They are under the direction of an official veterinarian.

5 Official assistants assigned to other tasks shall carry out tasks within the public veterinary sector which are not reserved for official veterinarians, official experts or official assistants assigned to the control of animals Before slaughter and control of meat. They are under the direction of an official veterinarian.


Art. 4 Supplements

1 Every person shall provide for the replacement of a person referred to in s. 1, let. A, c, e or f must fulfil the same requirements as this in terms of qualification and continuing education.

2 Every person shall provide for the replacement of a person referred to in s. 1, let. B or d must have sufficient qualifications to perform the corresponding task.

Art. 5 Delegation of duties to non-official veterinarians

The cantonal veterinarian may entrust to non-official veterinarians the control of animals before slaughter and the control of meat in establishments of low capacity within the meaning of Art. 3, let. L, of the order of 23 November 2005 concerning the slaughter of animals and the control of meat 1 , as well as other tasks, on an exceptional basis and in justified cases, provided that these veterinarians have sufficient qualifications to carry out them.


Section 2 Basic training, qualifying training and continuing education

Art. 6 Basic training

1 Any person who wishes to perform any of the duties referred to in s. 1, let. A to c shall be the holder of:

A.
The federal veterinary diploma; or
B.
A foreign degree of veterinary medicine recognized in accordance with s. 15 of the Federal Act of 23 June 2006 on University Medical Professions 1 .

2 A person who wishes to serve as an official expert must have obtained a degree in a medical profession covered by the Medical Professions Act or have completed a master's degree in a university or high school Recognized by the Board of Examinations of the Public Veterinary Sector (review panel; s. 15).

3 Whoever wants to act as official assistant assigned to the control of animals before slaughter and control of meat must have completed basic vocational training in the agricultural or food sector. The Board of Examinations may recognise other basic vocational training.

4 Whoever wants to be the official assistant assigned to other tasks must have completed basic vocational training.


Art. 7 Qualifying Training

1 Qualifying training includes a practical component and a theoretical component. The content and requirements of this training are regulated in Annex 1.

2 The Board of Examinations may exempt anyone who proves that they have already met the objectives of the training of all or part of:

A.
The practical component of qualifying training;
B.
The theoretical part of the qualifying training;
C.
Of tests.
Art. 8 Qualifying Training Centres

1 Practical and theoretical knowledge must be acquired in qualifying training centres recognised by the examination committee.

2 Qualifying training centres are required to provide education in order to achieve the objectives set by the examination committee.

3 These centres must ensure adequate supervision of persons who are trained in training.

Art. Continuing Education

People working in the public veterinary sector need to update their knowledge through regular continuous training and keep abreast of the latest developments. They must participate at least once a year in a recognised continuing education event which meets the criteria laid down by the examination committee.

Section 3 Examinations

Art. 10 Registration, admission and testing materials

Registration and admission to the tests, as well as the subject matter of the tests, are set out in Annex 1.

Art. 11 Receipt of tests

The receipt of the tests shall be carried out by the examination committee or by the experts designated by the committee.

Art. 12 Notation

1 A score is assigned for each test. The notes are communicated in writing at the end of all tests.

2 The benefits are noted as follows:

6 = very good
5 = good
4 = sufficient
3 = not enough
2 = low
1 = very low

3 Half-notes are allowed.

4 The average is calculated from the scores obtained.

5 The examination is successful if the average of the scores is 4.0 or greater, provided that no score is less than 3 and only one score is less than 4.

Art. 13 Repetition

A candidate who fails a test can pass the test twice.

Art. 14 Illicit means

1 The Board of Examinations may declare that a candidate has failed the examination if he or she has used illicit means to pass a test or to pass a test.

2 In the cases referred to in para. 1, the candidate may re-write the examination once. If, when the scan is repeated, it fails a test, it can rerun it once.

Section 4 Board of Examinations

Art. 15 Organization

1 The Federal Council establishes a review panel.

2 The Board of Examinations shall consist of no more than 15 members. The Federal Office for Food Safety and Veterinary Affairs (FVO) 1 Cantonal veterinarians and official veterinarians must be represented by at least one person.

3 The FVO provides the Presidency and the secretariat.

4 The Board of Examinations may make decisions if the majority of its members are present. In the event of a tie, the voice of the President shall be decisive.


1 The designation of the administrative unit has been adapted to 1 Er Jan 2014 pursuant to Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ). This mod has been taken into account. Throughout the text.

Art. 16 Tasks and Skills

1 The Board of Examinations has the following tasks:

A.
Responsible for the budget and finances;
B.
Sets the objectives of qualifying training and adapts it to new knowledge;
C.
Recognizes qualifying training centres and events;
D.
Sets out the criteria for continuing training events;
E.
Recognizes qualifying training followed abroad;
F.
It grants exemptions under s. 7, para. 2;
G.
Within the limits of its powers set out in Annex 1, it shall decide on the admission of candidates to the tests;
H.
Issues certificates of capacity;
I.
It prepares an annual report for the FVO and the cantons.

2 It can organise qualifying training events and continuous training.

Art. 17 Allowances

1 The allowances of the members of the examination committee shall be governed by the order of 25 November 1998 on the organisation of government and administration 1 .

2 The compensation of experts shall be fixed, by analogy, according to the type of compensation S3 referred to in Annex 2, c. 1.1 of the order of 25 November 1998 on the organisation of government and administration.


Section 5 Financing

Art. 18

1 The examination fees and the emoluments of the qualifying training shall be set out in Art. 24 A The order of 30 October 1985 on the emoluments of the FVO 1 .

2 The eventual discovery of the cost of qualifying training and continuing education is borne by half by the Confederation and the cantons.

3 The financial participation of each canton is calculated on an equal basis according to its population and its units of large livestock.


Section 6 Final provisions

Art. 19 Repeal and amendment of the law in force

The repeal and amendment of the existing law are set out in Schedule 2.

Art. Transitional provisions

1 Certificates of capacity issued in accordance with the Ordinance of 24 January 2007 concerning basic training, qualifying training and in-service training for persons working in the Public Veterinary Service 1 Remain valid.

2 For persons who have begun their qualifying training before the coming into force of this order, s. 6 of the Ordinance of 24 January 2007 concerning basic training, qualifying training and in-service training for persons working in the Public Veterinary Service shall apply.

3 Persons who, at the time of the coming into force of this order, are at most three years of age at the ordinary age of retirement AVS shall not undergo qualifying training.

4 Cantonal veterinarians who were on duty at 1 Er April 2007 must not undergo qualifying training.

5 Persons who, at the time of the coming into force of this order, perform any of the duties referred to in s. 1, let. B to f, shall pass the examination for qualifying training no later than three years after the entry into force of this order.

6 The FVO and the cantonal veterinarians may grant recognition to the persons referred to in Art. 20, para. 4, of the order of 24 January 2007 concerning basic training, qualifying training and the continuous training of persons working in the Public Veterinary Service until 31 March 2012.


Art. Entry into force

This order shall enter into force on 1 Er January 2012.

Annex 1 1

(art. 7, para. 1, and 10)

Provisions for qualifying training

1 Official Veterinarians

1.1 Qualifying training

1 Anyone wishing to obtain the certificate of official veterinarian capacity must justify a qualifying qualifying course of at least 80 working days. The candidate must:

A.
Have carried out administrative work and controls for at least 10 working days in one or more cantonal veterinary services;
B.
Have checked in breeding units, slaughterhouses and other establishments if the relevant legislation for the public veterinary sector is applied; and
C.
Have worked for at least 30 working days in a slaughterhouse, cutting plant, food processing company, border inspection post for fresh meat or a production facility It must in particular check the management of food safety, including animal health and the protection of animals, at least 10 days.

2 In addition, it must justify a theoretical qualification on:

A.
Legislation on epizootic diseases, foodstuffs, animal protection and therapeutic products, including administrative procedure and criminal procedure;
B.
Epizotiology, epidemiology, food hygiene, ethology and animal protection;
C.
The quality system in primary production, during the slaughter, cutting and disposal of animal by-products; and
D.
Communication and methodology of training.

3 Theoretical knowledge is generally acquired during specialized veterinary public health training (VPS) in a veterinary medicine faculty or during a qualifying training course recognized by the review panel and To carry out an official veterinary activity.

4 The qualified candidate must be followed by an official veterinarian.

1.2 Review

The review is sanctioned by six notes and includes:

A.
A written examination of animal disease legislation;
B.
A written examination of foodstuffs legislation in the field of primary production or slaughter and the legislation on therapeutic products;
C.
A written test on animal welfare legislation;
D.
The practical evaluation of a herd of animals after control of the operation;
E.
The practical implementation of the control of animals before slaughter and the control of meat; and
F.
An oral examination of the tasks of the official veterinarian.

1.3 Enrolment in the Review

1 Anyone wishing to pass a test referred to in c. 1.2, let. A to c and f must register with the Board of Examinations.

2 The applicant shall attach the following documents to the registration referred to in para. 1:

A.
Certificate of completion;
B.
The supporting documents of his or her theoretical training or, where appropriate, the exemption from the examination committee.

3 The Board of Examinations shall decide on the admission of a candidate to the tests referred to in c. 1.2, let. A to c and f.

4 Anyone wishing to pass a test referred to in c. 1.2, let. D and e must register with the cantonal veterinarian in the canton where the event will take place.

5 The candidate attached to the registration referred to in par. 4 the supporting documents of his qualifying qualifying training or, where applicable, the exemption from the examination committee.

6 The cantonal veterinarian shall decide on the admission of the candidate to the tests referred to in the c. 1.2, let. D and e.

2 Senior Official Veterinarians

2.1 Qualifying Training

Any person who wishes to obtain the official veterinarian capacity certificate shall:

A.
Hold the official veterinarian capacity certificate;
B.
Have been the official veterinarian for at least two years;
C.
Be able to justify a qualifying qualifying training of at least 25 working days during which he has had an overview of the administrative activity of the FVO or of one or more cantonal offices;
D.
To justify theoretical training in the conduct of personnel, business management and crisis management; and
E.
To justify a theoretical training in the law of epizootic diseases, foodstuffs, animal protection and therapeutic products, administrative and criminal procedures and communication.

2.2 Review

The review is subject to three notes and includes:

A.
A written work to be written in two weeks on a problem with the application of legislation on epizootic diseases, foodstuffs or animal protection;
B.
Assessment of facts on the basis of a file; and
C.
An oral examination of the duties of the official veterinarian.

2.3 Registration under examination

1 Any person who wishes to write the examination referred to in c. 2.2 must register with the review panel.

2 The applicant shall attach the following documents to his registration:

A.
The certificate of completion of studies and the certificates of capacity to which this order has already been obtained;
B.
The supporting documents of his practical and theoretical training or, where appropriate, the exemption from the examination committee.

3 The Board of Examinations shall decide on the admission of the candidate to the examination.

3 Official experts

3.1 Qualifying Training

1 Anyone who wishes to obtain the certificate of official expert capacity must justify practical training. This training of a minimum duration of 30 working days covers administrative activity and monitoring activity and provides knowledge on how to perform the tasks of execution in the specific field.

2 The person concerned must also justify a theoretical qualification providing, in the specific field and for the types of establishments concerned, knowledge of the legislation on epizootic diseases, foodstuffs, Protection of animals and therapeutic products, including administrative and criminal procedures, and in-depth technical knowledge.

3 The qualified candidate must be followed by an official veterinarian.

3.2 Review

The review is subject to three notes and includes:

A.
A written test of the knowledge acquired in the relevant subject matter;
B.
An oral examination of the knowledge acquired in the relevant subject matter; and
C.
A practical test of the knowledge acquired in the relevant subject matter.

3.3 Enrolment in the Review

1 Anyone wishing to pass a test referred to in c. 3.2, let. A and b must register with the Board of Examinations.

2 The candidate attached to the registration referred to in par. 1 the following documents:

A.
Certificate of completion;
B.
The supporting documents of his or her theoretical training or, where appropriate, the exemption from the examination committee.

3 The examination committee shall decide on the admission of the candidate to the tests referred to in the c. 3.2, let. A and b.

4 Anyone wishing to pass the test referred to in c. 3.2, let. C, must register with the cantonal veterinarian of the canton where the test will take place.

5 The candidate attached to the registration referred to in par. 4 the supporting documents of his qualifying qualifying training or, where applicable, the exemption from the examination committee.

6 The cantonal veterinarian shall decide on the admission of the candidate to the test referred to in c. 3.2, let. C.

4 Official Assistants

4.1 Official assistants assigned to the control of animals before slaughter and control of meat

4.1.1 Qualifying Training

1 Any person who wishes to obtain the certificate of capacity of official assistant assigned to the control of animals before slaughter and control of meat S Must justify a theoretical and practical training of 20 working days and a knowledge-deepening phase of 80 working days in relation to:

A.
The essential points of the legislation on food, epizootic diseases and the protection of animals, to the extent that they are relevant for the control of animals before slaughter and the control of meat;
B.
Pathological anatomy and alterations to the extent that these materials are relevant for the control of animals prior to slaughter and control of meat;
C.
The technique and hygiene of the attack; and
D.
Procedures for the control of animals before slaughter and control of meat.

2 The practical and theoretical aspects of qualifying training are under the direction of an official veterinarian.

3 During the 80 days of deepening knowledge, persons in training may exercise, under the supervision of an official veterinarian, the activities referred to in art. 57 of the order of 23 November 2005 concerning the slaughter of animals and the control of meat 2 .

4.1.2 Company Specific Qualifying Training

The person in a qualifying training must justify further qualifying training in the specific work processes of the company in which they work.

4.1.3 Examination

The review is subject to three notes and includes:

A.
A written test of the knowledge acquired in the relevant subject matter;
B.
An oral examination of the knowledge acquired in the relevant subject matter; and
C.
A practical test of the knowledge acquired in the field of animal control prior to slaughter and control of meat.

4.1.4 Enrolment in the Review

1 Any person who wishes to write the examination referred to in c. 4.1.3 must register with the Board of Examinations.

2 The applicant shall attach the following documents to his registration:

A.
Certification of the completion of his or her education or the termination of his or her basic vocational training;
B.
The supporting documents of his practical and theoretical training or, where appropriate, the exemption from the examination committee.

3 The Board of Examinations shall decide on the admission of the candidate to the examination.

4.2 Formal Assistants assigned to other tasks

4.2.1 Qualifying Training

1 Anyone wishing to obtain the certificate of official assistant capacity assigned to other tasks must justify qualifying training of at least 30 working days.

2 The qualifying training referred to in para. 1 includes:

A.
A practical and theoretical part of the administrative procedure;
B.
A practical and theoretical component with the acquisition of the technical knowledge necessary to carry out the controls in a sector enterprise; and
C.
A theoretical element with knowledge acquired on the essential points of the legislation on epizootic diseases, foodstuffs, animal protection and therapeutic products, on the principles of quality assurance systems, The drafting of monitoring reports and the psychological aspects to be taken into account when carrying out the controls.

4.2.2 Review

The review is subject to three notes and includes:

A.
A written test of the knowledge acquired in the relevant subject matter;
B.
An oral examination of the knowledge acquired in the relevant subject matter; and
C.
The practical implementation of a control and the drafting of a control report in the relevant subject matter.

4.2.3 Registration for examination

1 Any person who wishes to write the examination referred to in c. 4.2.2 must register with the review panel.

2 The applicant shall attach the following documents to his registration:

A.
Certificate of completion or completion of basic vocational training;
B.
The supporting documents of his practical and theoretical training or, where appropriate, the exemption from the examination committee.

3 The Board of Examinations shall decide on the admission of the candidate to the examination.


1 Update as per c. I of the O of May 9, 2012, in force since 1 Er June 2012 ( RO 2012 2853 ).
2 RS 817.190


State 1 Er January 2014

Annex 2

(art. 19)

I

Repeal of the law in force

The order of 24 January 2007 concerning basic training, qualifying training and in-service training for persons working in the Public Veterinary Service 1 Is repealed.

II

Amendment of the law in force

... 2


1 [ RO 2007 561 ]
2 The mod. Can be viewed at RO 2011 5803 .


State 1 Er January 2014