Key Benefits:
28 May 1997 (State 1 Er January 2015)
1 Appellations of origin and geographical indications of agricultural products and processed agricultural products registered in the Federal Register shall be protected.
2 They may only be used under the conditions laid down in this order. They may be used by any operator marketing agricultural products or processed agricultural products which comply with the corresponding specifications. 1
2bis Food products derived from agricultural products are assimilated at all stages of processing to processed agricultural products. 2
3 Wine names are governed by the order of 14 November 2007 on wine 3 . 4
1 New content according to the c. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6109 ).
2 Introduced by ch. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6109 ).
3 RS 916.140
4 New content according to the c. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6109 ).
1 Can be registered as the appellation of origin the name of a region, place or, in exceptional cases, a country, which is used to designate an agricultural product or a processed agricultural product:
2 The traditional names of agricultural products or processed agricultural products that meet the conditions set out in para. 1 may be registered as appellations of origin.
1 New content according to the c. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6109 ).
1 Can be registered as a geographical indication the name of a region, place or, in exceptional cases, a country, which is used to designate an agricultural product or a processed agricultural product:
2 The traditional names of agricultural products or processed agricultural products that meet the conditions set out in para. 1 may be registered as geographical indications.
1 New content according to the c. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6109 ).
1 A generic name cannot be registered as an appellation of origin or geographical indication.
2 A generic name is the name of a product which, although it relates to the place where the product was originally developed or marketed, has become a common name that designates it.
3 To determine whether a name has become generic, consideration is given to all factors that come into play, including the opinion of producers and consumers, particularly in the region where the name originates. 1
1 New content according to the c. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6109 ).
1 Where an application for registration relates to a name that is identical to a registered name and the name of the name to be registered indicates to the public that the goods are originating in another region or place, The name must not be registered, although it is the exact name of the region or locality whose agricultural or processed agricultural products originate.
2 The use of the later registered name must be clearly differentiated from the use of the name already registered, in order to ensure fair treatment of the producers concerned and not to mislead the producers concerned. Consumers.
1 Introduced by ch. I of the O of 26 Nov 2003, in force since 1 Er Jan 2004 ( RO 2003 4867 ).
1 A name may not be registered as an appellation of origin or as a geographical indication when it corresponds to the name of a plant variety or animal race and is liable to mislead the consumer as to the true origin of the Product.
2 Any risk of deception is excluded, in particular, if the name is the homonym of a plant variety or local animal race that has not left its original basin or if it is possible to change the name of the plant variety or race Animal. 2
1 Introduced by ch. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6109 ).
2 New content according to the c. I of the O ' O du 29 oct. 2014, in force since 1 Er Jan 2015 ( RO 2014 3903 ).
1 Any group of producers representative of a product may file with the Federal Office of Agriculture (OFAG) 1 ) An application for registration.
1bis A grouping is deemed to be representative:
2 For an appellation of origin, the grouping must bring together producers of all stages, namely according to the nature of the product:
1 New expression according to c. I of the O of 29 Oct. 2014, in force since 1 Er Jan 2015 ( RO 2014 3903 ). This mod has been taken into account. Throughout the text.
2 Introduced by ch. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6109 ).
1 The application must prove that the conditions laid down in this order for the obtaining of the appellation of origin or the geographical indication are fulfilled.
2 It contains in particular:
3 It shall be accompanied by a specification and proof that the request has been accepted by the assembly of representatives of the group. 2
1 Introduced by c. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6109 ).
2 New content according to the c. I of the O ' O du 29 oct. 2014, in force since 1 Er Jan 2015 ( RO 2014 3903 ).
1 The specifications include:
2 It may also include:
1 Repealed by c. I of the O of 14 nov. 2007, with effect from 1 Er Jan 2008 ( RO 2007 6109 ).
2 Introduced by ch. I of the O of 26 Nov 2003 ( RO 2003 4867 ). New content according to the c. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 (RO) 2007 6109).
1 The OFAG takes the view of the Commission of Appellations of Origin and Geographical Indications (Commission, art. 22).
2 It also invites the cantonal and federal authorities concerned to give their opinion.
1 Where the application for registration comes from a grouping of a third country, it must comply with the requirements of s. 5 to 7 and understand the evidence that the name in question is protected in the country of origin.
2 In the case of a name designating a cross-border geographical area or a traditional name linked to a cross-border geographical area, several groupings may submit a joint application.
3 The request shall be addressed to the OFAG directly by the applicant group or through the authorities of the third country concerned in one of the three official languages or accompanied by a certified translation into one of those languages. If the application is addressed in another language, the OFAG may order a translation.
4 Where the original spelling of the name does not use Latin characters, the Latin characters shall be accompanied by a transcript in Latin characters.
5 The OFAG takes the view of the Commission and the relevant federal authorities.
1 Introduced by ch. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6109 ).
1 The OFAG rules on the conformity of the application with the requirements of the art. 2 to 7 taking into account the opinion of the committee in particular.
2 If the application is accepted, it shall be published, together with the main elements of the specification, in the Official Swiss Trade Sheet.
1 May oppose registration:
2 The opposition shall be sent in writing to the OFAG within three months of the date of publication of the application for registration.
3 In particular, the following grounds of opposition may be invoked:
1 New content according to the c. I of the O ' O du 29 oct. 2014, in force since 1 Er Jan 2015 ( RO 2014 3903 ).
2 New content according to the c. I of the O of 26 Nov 2003, in force since 1 Er Jan 2004 ( RO 2003 4867 ).
1 The OFAG decides on the opposition after consulting the committee.
2 It also consults with the Federal Institute of Intellectual Property where the opposition is based on the ground mentioned in Art. 10, para. 3, let. D.
1 The name shall be entered in the Register of Appellations of Origin and Geographical Indications:
2 The registration is published in the Swiss Official Gazette of Commerce.
1 New content according to the c. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6109 ).
1 The OFAG maintains the register of appellations of origin and geographical indications.
2 The registry contains:
3 Anyone may consult the register and obtain extracts from the register.
1 The amendments to the specification are the subject of the same procedure as that laid down for registrations.
2 The following amendments to the specification are the subject of a simplified procedure:
3 In the simplified procedure, it is renounced the taking of opinions provided for in Art. 8 and the publication of the decision under s. 9; the opposition procedure provided for in Art. 10 and 11 does not apply. 2
1 New content according to the c. I of the O ' O du 29 oct. 2014, in force since 1 Er Jan 2015 ( RO 2014 3903 ).
2 Introduced by ch. I of the O ' O du 29 oct. 2014, in force since 1 Er Jan 2015 ( RO 2014 3903 ).
1 The OFAG radiates the registration of a protected name:
2 In advance, the OFAG consults with the cantonal and federal authorities concerned, as well as the committee, in so far as it is a Swiss name or a cross-border denomination within the meaning of Art. 8 A , para. 2. He hears the parties under s. 30 A Of the Federal Act of 20 December 1968 on administrative procedure 3 . 4
3 The cancellation is published in the Swiss Official Gazette of Commerce.
1 Repealed by c. I 10 of the 10 Dec. 1998 ( RO 1999 303 ). New content according to the c. I of the O of 26 Nov 2003, in force since 1 Er Jan 2004 (RO) 2003 4867).
2 Introduced by c. I of the O ' O du 29 oct. 2014, in force since 1 Er Jan 2015 ( RO 2014 3903 ).
3 RS 172.021
4 New content according to the c. I of the O ' O du 29 oct. 2014, in force since 1 Er Jan 2015 ( RO 2014 3903 ).
1 The references'protected designation of origin', 'protected designation of origin', 'protected geographical indication' and their abbreviations may not be used for agricultural products or for processed agricultural products. Name has not been registered in accordance with this order.
2 The use of references similar to those cited in para. 1 or confusing.
3 The s. 1 and 2 also apply to agricultural or processed agricultural products, the name of which has been registered, but not certified under s. 18 of this Order.
4 Foreign names registered in their country of origin are reserved.
1 New content according to the c. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6109 ).
1 The references'protected designation of origin', 'protected designation of origin', 'protected geographical indication' or their respective abbreviation (AOC, PDO, PGI) must be in an official language on the labelling of agricultural products or Processed agricultural products, the name of which has been registered in accordance with this order.
2 The references and abbreviations stipulated in para. 1 is optional for agricultural products and processed agricultural products, the name of which has been registered under s. 8a of this order.
1 Introduced by ch. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6109 ).
1 The direct or indirect commercial use of a protected name is prohibited:
2 L' al. 1 includes:
3 Also prohibited are:
1 Introduced by c. I of the O ' O du 29 oct. 2014, in force since 1 Er Jan 2015 ( RO 2014 3903 ).
2 New content according to the c. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6109 ).
1 Agricultural products and processed agricultural products which do not meet the conditions for the use of an appellation of origin or a registered geographical indication, but which were lawfully marketed under this Name at least five years before the publication of the application for registration may still be manufactured, packaged and labelled according to the old right for two years from the date of publication of the registration. They may still be marketed for three years from that date.
2 Where the specification is amended in accordance with Art. 14 al. 1, agricultural products and processed agricultural products may still be manufactured, packaged, labelled and marketed under the old right for two years from the date of publication of the amendments.
1 Introduced by ch. I of the O of 12 January 2000 ( RO 2000 379 ). New content according to the c. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 (RO) 2007 6109).
1 The person who uses an appellation of origin or a geographical indication must entrust to a certification body defined in the specification the control of the production, processing or development of the product.
2 The Federal Department of Economics, Training and Research 1 Sets minimum requirements for monitoring. 2
1 The designation of the administrative unit has been adapted to 1 Er Jan 2013 under Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ).
2 Introduced by ch. I 10 of the 10 Dec. 1998, in force since 1 Er Jan 1999 ( RO 1999 303 ).
1 Certification bodies must be accredited in accordance with the order of 17 June 1996 on accreditation and designation 1 For the corresponding product. For each denomination for which they exercise control, the certification bodies must be in favour of extending the scope of accreditation for the product in question. 2
1bis Foreign certifying bodies certifying products relating to foreign names within the meaning of Art. 8 A Must be accredited in accordance with international standards that meet the requirements set out in para. 1. 3
2 The OFAG acknowledges, after agreement with the Swiss Accreditation Service, foreign certifying bodies wishing to exercise their activity on Swiss territory when they can demonstrate that they meet qualifications Equivalent to those required in Switzerland. In particular, they must demonstrate that they are aware of the Swiss legislation that is relevant to their tasks.
3 Art. 18, para. 3, Federal Act of October 6, 1995 4 On technical barriers to trade is reserved.
1 RS 946.512
2 New content according to the c. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6109 ).
3 Introduced by ch. I of the O ' O du 29 oct. 2014, in force since 1 Er Jan 2015 ( RO 2014 3903 ).
4 RS 946.51
Certification bodies report to the OFAG, the competent cantonal chemists and the groups the irregularities found during the checks.
1 New content according to the c. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6109 ).
1 The OFAG shall execute this Order subject to para. 2. When it is not food, it applies the legislation on agriculture.
2 Cantonal food inspection bodies shall carry out Section 3 of this order in accordance with the legislation on foodstuffs.
3 The cantonal food control bodies report to the OFAG, the certification bodies and the groups the irregularities found. 2
4 The OFAG monitors certification bodies subject to supervision provided for in the accreditation and designation order of June 17, 1996. 3 It may issue instructions.
1 New content according to the c. I of the O of 26 Nov 2003, in force since 1 Er Jan 2004 ( RO 2003 4867 ).
2 New content according to the c. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6109 ).
3 RS 946.512
1 The Federal Council establishes a Commission for Appellations of Origin and Geographical Indications. 1
2 The Commission shall advise the OFAG in the execution of this order.
1 New content according to the c. I 6.6 of the O of 9 Nov 2011 (Review of the extra-parliamentary committees), in force since 1 Er Jan 2012 ( RO 2011 5227 ).
2 Repealed by c. I of the O of 14 nov. 2007, with effect from 1 Er Jan 2008 ( RO 2007 6109 ).
1 The applications for registration pending at the time of entry into force of the amendment of 14 November 2007 are examined under the new law.
2 Agricultural products and processed agricultural products of registered names may be labelled in derogation from Art. 16 A Under the old right up to 1 Er June 2008 and released until the deadline for consumption.
3 The old art. 17 A Is applicable to all registered names, for which the transitional period has not expired.
1 Repealed by c. III al. 2 hp. 2 of the O of 27 March 2002 ( RO 2002 573 ). New content according to the c. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 (RO) 2007 6109).
1 Repealed by c. I of the O of 12 January 2000, with effect from 1 Er Jan 2000 ( RO 2000 379 ).
This order shall enter into force on 1 Er July 1997
1 New content according to the c. III al. 2 hp. 2 of the O of 27 March 2002, in force since 1 Er May 2002 ( RO 2002 573 ).
1 Repealed by c. I 10 of the O of 7 Dec. 1998, with effect from 1 Er Jan 1999 ( RO 1999 303 ).