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RS 943.1 March 23, 2001 Federal Mobile Trade Act

Original Language Title: RS 943.1 Loi fédérale du 23 mars 2001 sur le commerce itinérant

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943.1

Canada Travelling Trade Act

On 23 March 2001 (State 1 Er January 2013)

The Swiss Federal Assembly,

Having regard to art. 95 and 97 of the Constitution 1 , given c. II, para. 2, let. A, of the Federal Order of 18 December 1998 concerning an update of the Federal Constitution 2 , given the message of the Federal Council of 28 June 2000 3 ,

Stops:

Section 1 Purpose

Art. 1

1 This Act governs the exercise of itinerant trade, which is to provide consumers with goods or services.

2 This Act:

A.
Guarantees the ability of itinerant trade persons to carry out their activities throughout the country;
B.
Fixed, in order to protect the public, the minimum requirements for the exercise of itinerant trade.

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 ).

Section 2 Authorization

Art. 2 Authorization system

1 Must be the holder of an authorization issued by the competent cantonal authority any person who, for profit:

A.
Takes control of goods from or sells goods to consumers, whether through a travelling activity, the spontaneous solicitation of individuals at home, or by a limited duration unpacking in the open air, in a room or from a Vehicle;
B.
Provides consumers with services of all kinds, whether through a mobile activity or through the spontaneous solicitation of individuals at home;
C.
Has a foraine or a circus activity.

2 The canton shall designate the competent authority.

Art. 3 Exceptions to the authorization regime

1 No authorization is required for the person who:

A.
Offers goods or services outside of permanent commercial premises during a limited public sale in time and space and fixed by the competent authority (market);
B.
Offers goods or services or takes command at exhibitions or fairs;
C.
Has an activity for which she or the person for whom she works has already obtained official authorization.

2 The Federal Council may exempt persons who engage in the temporary unpacking of goods such as newspapers or agricultural products from their operations.

Art. 4 Conditions for the granting of authorisation to engage in trade

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:

A.
An extract from the business register of the business for which the applicant works or a piece of identification if the applicant himself or the undertaking for which he works is not subject to the obligation to register in the register of trade;
B.
An extract from the criminal record issued by the competent federal service for the applicant established in Switzerland, or an equivalent act, a certificate or official legalization for the person established abroad;
C.
Proof of residence;
D. 1
The written consent of the legal representative if the applicant is a minor or a general curatorate.

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

Art. 5 Conditions for the granting of authorisation to forwarves and circus operators

1 Forwarts and circus operators are granted permission to:

A.
If they can certify that there is sufficient liability insurance coverage to ensure adequate coverage;
B.
If the security of the operating facilities is guaranteed.

2 The application for authorization must be accompanied by the following documents:

A.
An extract from the business register of the business for which the applicant works or a piece of identification if the applicant himself or the undertaking for which he works is not subject to the obligation to register in the register of trade;
B.
A document certifying that there is sufficient liability insurance coverage to ensure adequate coverage;
C.
A document certifying that the security conditions are met.

3 The Federal Council sets out the modalities, including technical requirements and deadlines for security.

Art. 6 Conditions for the granting of authorisation to foreign nationals who have their domicile or their headquarters abroad or who reside there

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.

Art. 7 Granting of authorization

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.

Art. 8 Provision of legitimation cards by business and economic associations

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.

Art. Validity of authorization

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.

Art. 10 Withdrawal of authorization

1 The competent cantonal authority shall withdraw the authorisation:

A.
When the requirements for obtaining it cease to be met;
B.
Where it is no longer guaranteed that itinerant trade is carried out in accordance with the rules in force.

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.

Art. 11 Goods and services excluded from the itinerant trade

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 RS 680

Section 3 Fees

Art. 12

1 The cantons receive a fee for the granting, renewal and withdrawal of authorisation.

2 The Federal Council fixes the amount of the fee.

Section 4 Data Protection

Art. 13

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.

Section 5 Criminal provisions

Art. 14 Contraventions

1 A fine of up to 20,000 francs is liable to any person who intentionally: 1

A.
Gives incomplete, inaccurate or misleading representations to obtain authorization;
B.
Practicates roaming trade without authorization;
C.
Issues a legitimation card without having the authority to do so;
D.
Provides a legitimising card to its employees, its members or those working for the members without fulfilling the legal requirements;
E.
Offers goods or services in violation of the prohibition or restrictions set out in s. 11, para. 1 and 2;
F.
Does not carry on self-authorization in the course of carrying on business.

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. 15 Offences in a business

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.


Art. 16 Criminal prosecution

The criminal prosecution is the responsibility of the cantons.

Section 6 Final provisions

Art. 17 Executing

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.

Art. 18 International Legitimation Card for Wholesale Travellers

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 .


Art. 19 Provisions enacted by the Federal Council

The Federal Council shall issue the implementing provisions.

Art. Repeal of the law in force

The Federal Law of 4 October 1930 on Commercial Travellers 1 Is repealed.


1 [RS 10 214; RO 2000 2355 Annex c. 26]

Art. Transitional provisions

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]

Art. Referendum and entry into force

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


RO 2002 3080


1 RS 101
2 RS 101 Disp. End.
3 FF 2000 3849
4 ACF of Sept. 2002


State 1 Er January 2013