Key Benefits:
1 This Act governs the exercise of itinerant trade, which is to provide consumers with goods or services.
2 This Act:
3 Collected for public or charitable purposes and voluntary public auctions are subject to the cantonal law. Provisions of the Civil Code 1 On the funds raised are reserved. 2
1 RS 210
2 Phrase introduced by ch. 35 of the annex to the LF of 19 Dec. 2008 (Protection of the adult, right of persons and right of filiation), in force since 1 Er Jan 2013 ( RO 2011 725 ; FF 2006 6635 ).
1 Must be the holder of an authorization issued by the competent cantonal authority any person who, for profit:
2 The canton shall designate the competent authority.
1 No authorization is required for the person who:
2 The Federal Council may exempt persons who engage in the temporary unpacking of goods such as newspapers or agricultural products from their operations.
1 Every person has the right to an authorization, unless it has been the subject of a criminal conviction in the two years preceding the filing of the application for a crime or an offence for which the exercise of the itinerant trade is Risk of re-offending. If the person has been deprived of liberty, the period shall run from the day of his or her release.
2 The application for authorization must be accompanied by the following documents:
3 The age limit for the exercise of itinerant trade shall be determined in accordance with Art. 29 ff of the Labour Act of 20 March 1998 2 .
4 The Federal Council sets the modalities.
1 New content according to the c. 35 of the annex to the LF of 19 Dec. 2008 (Protection of the adult, right of persons and right of filiation), in force since 1 Er Jan 2013 ( RO 2011 725 ; FF 2006 6635 ).
2 RS 822.11
1 Forwarts and circus operators are granted permission to:
2 The application for authorization must be accompanied by the following documents:
3 The Federal Council sets out the modalities, including technical requirements and deadlines for security.
1 Foreign nationals who have their domicile or their headquarters abroad or who reside there are entitled to an authorization provided that they fulfil the conditions set out in this Law, subject to international agreements.
2 The provisions of the aliens legislation are reserved.
1 The competent cantonal authority shall issue the authorisation if the conditions set out in Art. 4 or 5 are completed. Authorisation is granted in the form of a legitimising card, except for forwarts and circus operators.
2 The cantonal authority requests advance notice to the federal authority designated by the Federal Council if it intends to refuse the authorization under Art. 4, para. 1. The federal authority is empowered to review the applicant's judicial record.
1 The competent cantonal authority shall entitle a company to surrender the legitimising card to its employees when that undertaking ensures that they fulfil the conditions laid down in this Law. It empowers, under the same conditions, an economic association to hand over a credit card to its members. If one of these members does not carry on a commercial activity on an individual basis, the economic association shall itself deliver the legitimising card to the persons who work for that member.
2 The business or economic association shall communicate to the competent cantonal authority the identity of the employee, the member or the person working for that member who receives a legitimising card. It shall attach a copy of the extract of the criminal record of the person engaged in the travelling trade. The competent cantonal authority shall carry out sampling checks in order to verify whether the undertakings and the authorised economic associations comply with the conditions laid down by law.
3 If the business or economic association is considering refusing the authorization under s. 4, para. 1, it transmits the application for authorisation to the competent cantonal authority. This application requires advance notice within the meaning of s. 7, para. 2, and statue.
1 Holders of the authorisation issued by the competent cantonal authority may engage in itinerant trade throughout the national territory. This rule also applies to holders of a legitimising card delivered by a company or an authorised economic association.
2 The authorisation does not limit the competence of the cantons to control the safety of the installations of the forwarves and of the circus operators during the assembly or operation.
3 The authorisation is personal and not transferable. It is valid for five years. The authorization granted to forwarves and circus operators is valid for one year. Renewals shall take place within the framework of a simplified procedure.
4 A shorter period of validity may be granted to foreign nationals who have their domicile or residence abroad or who reside there.
5 The Federal Council shall issue the provisions relating to the granting and renewal of the authorisation and the surrender of the legitimising card.
1 The competent cantonal authority shall withdraw the authorisation:
2 The competent cantonal authority may apply to the federal authority under s. 7, para. 2, which shall apply mutatis mutandis.
3 Legitimacy cards handed down by companies and economic associations are withdrawn by them.
4 The entitlement to surrender the legitimising card is withdrawn from the undertaking or economic association which is no longer in a position to guarantee compliance with the conditions laid down by law.
1 The roaming sale of alcoholic beverages is prohibited. However, the taking of orders for fermented beverages as well as the purchase of orders and the sale of fermented beverages in the markets (Art. 3, para. 1, let. (a). The Federal Act of 21 June 1932 on Alcohol 1 Is reserved.
2 The Federal Council may, for police reasons, restrict the supply of other goods or services or exclude them from itinerant trade.
3 The provisions of federal law that exclude trade in certain goods or services or subject to special restrictions or authorization are reserved.
1 The competent cantonal authority shall deal with the personal data necessary for the granting, renewal and withdrawal of authorisations. It is the sole authority to access such data; the right of access by the competent federal authority as the supervisory authority is reserved.
2 L' al. 1, 1 Re Sentence, shall apply mutatis mutandis to economic associations and undertakings.
3 The competent cantonal authority may communicate to third parties who have a legitimate interest in the fact that a person engaged in travelling trade is the holder of an authorisation or not.
4 The competent federal authority shall deal with the personal data necessary for the performance of its tasks, in particular the application for authorisation, the extract from the criminal record and any legal acts by the applicant.
5 The Federal Council regulates the operation of the information system, the categories of data to be seized, the duration of the retention and the security of the data.
1 A fine of up to 20,000 francs is liable to any person who intentionally: 1
2 Any person who is negligent shall be liable to a fine of not more than 5000 francs.
1 New content according to Art. 333 of the Penal Code (RS 311.0 ), in the contents of the PMQ of Dec 13. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).
Art. 6 and 7 of the Federal Act of 22 March 1974 on administrative criminal law 1 Apply to offences committed in a business by an agent or a person in a similar function.
The criminal prosecution is the responsibility of the cantons.
1 The cantons are responsible for the execution of this Act unless it confers jurisdiction on the Confederation.
2 The Federal Council oversees the execution of the law by the cantons.
The Federal Council regulates the surrender of the international legitimation card for wholesale travellers within the meaning of the International Convention of 3 November 1923 for the simplification of customs formalities 1 .
1 RS 0.631.121.1
The Federal Council shall issue the implementing provisions.
The Federal Law of 4 October 1930 on Commercial Travellers 1 Is repealed.
1 [RS 10 214; RO 2000 2355 Annex c. 26]
1 Legitimacy cards issued under the Federal Act of 4 October 1930 on commercial travellers 1 And the authorisations granted under the cantonal law on the police of commerce shall remain valid until their expiry.
2 The Federal Council shall fix, with regard to the safety conditions referred to in Art. 5, para. 1, let. B, the technical requirements that the facilities operating on the entry into force of this Act must meet and the time limits in which they must comply with them.
1 [RS 10 214; RO 2000 2355 Annex c. 26]
1 This Law shall be subject to the referendum.
2 The Federal Council shall fix the date of entry into force.
Date of entry into force: 1 Er January 2003 4