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RS 910.12 Order of 28 May 1997 concerning the protection of designations of origin and geographical indications for agricultural products and processed agricultural products (PDO and PGI Ordinance)

Original Language Title: RS 910.12 Ordonnance du 28 mai 1997 concernant la protection des appellations d’origine et des indications géographiques des produits agricoles et des produits agricoles transformés (Ordonnance sur les AOP et les IGP)

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910.12

Order Concerning the Protection of Appellations of Origin and Geographical Indications of Agricultural Products and Processed Agricultural Products

(AO and PGI Ordinance)

28 May 1997 (State 1 Er January 2015)


The Swiss Federal Council,

Having regard to art. 14, para. 1, let. D, 16 and 177 of the Agriculture Act of 29 April 1998 (LAgr) 1 , 2

Stops:

Section 1 General provisions

Art. 1 Principle

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 ).

Art. 2 1 Appellation of origin

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:

A.
Originating in that region, place or country;
B.
The quality or characters are due primarily or exclusively to the geographic environment including natural factors and human factors; and
C.
Which is produced, processed and developed within a defined geographical area.

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 ).

Art. 3 1 Geographic Indication

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:

A.
Originating in that region, place or country;
B.
A specified quality, reputation or other characteristic may be attributed to that geographical origin; and
C.
Which is produced, processed or developed within a defined geographical area.

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 ).

Art. 4 Generic Name

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 ).

Art. 4 A 1 Denominations homonymous

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 ).

Art. 4 B 1 Name of a plant variety or animal race

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 ).

Section 2 Registration procedure

Art. 5 Quality to file the application

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:

A.
If its members produce, process and develop at least half the quantity of the product;
B.
If at least 60 % of producers, 60 % of processors and 60 % of product developers are members, and
C.
If the demonstration is made that the grouping works according to democratic principles. 2

2 For an appellation of origin, the grouping must bring together producers of all stages, namely according to the nature of the product:

A.
Those who produce the raw material;
B.
Those who process the product;
C.
Those who develop it.

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 ).

Art. 6 Contents of the application

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:

A.
The name of the applicant group and proof of its representativeness;
B.
The appellation of origin or the geographical indication to be registered;
C.
Evidence that the name is not generic;
D.
Evidence that the product comes from the geographical area within the meaning of s. 2 or 3 (historical record and traceability);
E.
The elements justifying the connection with the geographical environment or with geographical origin within the meaning of Art. 2 or 3 (typicity of the product linked to the soil);
F.
Description of local, fair and consistent methods if they exist;
G. 1
A summary containing:
-
The name, address and composition of the applicant group,
-
The product name,
-
The protection requested,
-
The type of product to which it relates;
-
Proof of the representativeness of the applicant group,
-
Proof that the name is not generic,
-
The history folder
-
The typicality of the product linked to the soil,
-
Description of local, fair and consistent methods,
-
The main elements of the specifications (the geographical area, the description of the product and its main characteristics, the description of the method of obtaining the product, the certification body, labelling and traceability).

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 ).

Art. 7 Workbook

1 The specifications include:

A.
The name of the product comprising the appellation of origin or the geographical indication;
B.
The delimitation of the geographical area;
C.
Description of the product, including its raw materials and its main physical, chemical, microbiological and organoleptic characteristics;
D.
A description of the method of obtaining the product;
E.
The designation of one or more certification bodies and the minimum requirements for monitoring;
F.
... 1

2 It may also include:

A.
The specific elements of the labelling;
B.
A description of the distinctive shape of the product if it exists;
C.
The elements relating to packaging, where the applicant group can justify that the packaging must take place within the defined geographical area in order to safeguard the quality of the product and ensure traceability or control. 2

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).

Art. 8 Consultation

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.

Art. 8 A 1 Procedure for the Registration of Foreign Names

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 ).

Art. Decision and publication

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.

Art. 10 Opposition

1 May oppose registration:

A.
Any person who has an interest worthy of protection;
B. 1
The cantons, if it is a Swiss name, of a cross-border denomination within the meaning of Art. 8 A , para. 2, or a foreign name wholly or partly homonymous with a cantonal geographical entity.

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:

A.
The name does not meet the requirements of s. 2 or 3;
B.
The name is a generic name;
C.
The grouping is not representative;
D. 2
The intended registration is likely to be detrimental to a brand or to a fully or partially homonymous name used for a long time.

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 ).

Art. 11 Decision on opposition

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.

Art. 12 Registration and publication

1 The name shall be entered in the Register of Appellations of Origin and Geographical Indications:

A.
If no opposition has been filed on time;
B. 1
If any objections or appeals have been rejected.

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 ).

Art. 13 Register

1 The OFAG maintains the register of appellations of origin and geographical indications.

2 The registry contains:

A.
The name, the designation PDO (protected designation of origin) or PGI (protected geographical indication) and its number;
B.
The name of the group;
C.
The specification;
D.
The date of the registration;
E.
The date of publication of the registration.

3 Anyone may consult the register and obtain extracts from the register.

Art. 14 Amendment of the specification

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:

A.
Designation of a new certification body or removal of such an organization;
B.
Modification of specific labelling elements;
C.
Modification of the description of the geographical area if the geographical entities are renamed, especially in the case of a merger of communes. 1

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 ).

Section 2 A Radiation procedure 3

Art. 15 1

1 The OFAG radiates the registration of a protected name:

A.
On request, if the protected name is no longer used or if all the users and the cantons concerned no longer have an interest in maintaining the registration of the name;
B.
If it is found that compliance with the specification of the protected name is no longer ensured for justified reasons;
C. 2
If it is no longer protected in its country of origin in accordance with Art. 8 A .

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 ).

Section 3 Protection

Art. 16 1 Prohibition of the use of the designations AOC, PDO or PGI or similar references

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 ).

Art. 16 A 1 AOC, AOP or IGP reference

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 ).

Art. 17 Scope of protection

1 The direct or indirect commercial use of a protected name is prohibited:

A.
For any comparable product not in accordance with the specification;
B.
For any non-comparable product if such use exploits the reputation of the protected name.

2 L' al. 1 includes:

A.
If the registered name is imitated or evoked;
B.
If translated;
C.
If it is accompanied by a formula such as "gender", "type", "method", "method", "imitation", "according to the recipe" or a similar expression;
D.
Whether the source of the product is indicated;
E. 1
If the product is used as an ingredient.

3 Also prohibited are:

A.
Any false or deceptive indication as to the true origin of the product, its source, method of production, its nature or its substantial qualities on the packaging, packaging, advertising or documents relating to the Product;
B.
Any use of a container or packaging to create an erroneous impression on the origin of the product;
C. 2
Any use of the distinctive form of the product under s. 7, para. 2, let. B.

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 ).

Art. 17 A 1 Products not in conformity with the specification

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).

Section 4 Control

Art. 18 Designation of the certification body

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 ).

Art. 19 Certification Bodies

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

Art. 1 Denunciation of Irregularities

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 ).

Art. 1 Executing

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

Section 5 Final provisions

Art. Commission for Appellations of Origin and Geographical Indications

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.

3 ... 2


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 ).

Art. 1 Transitional Provisions of the Amendment of November 14, 2007

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).

Art. 24 Amendment of the law in force

... 1


1 The mod. Can be consulted at the RO 1997 1198.

Art. 25 1

1 Repealed by c. I of the O of 12 January 2000, with effect from 1 Er Jan 2000 ( RO 2000 379 ).

Art. 26 1 Entry into force

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 ).

Annex 1


1 Repealed by c. I 10 of the O of 7 Dec. 1998, with effect from 1 Er Jan 1999 ( RO 1999 303 ).


State 1 Er January 2015