Rs 910.12 Order Of 28 May 1997 On The Protection Of Appellations Of Origin And Geographical Indications Of Agricultural Products And Processed Agricultural Products (Ordinance On The Pdo And The Pgi)

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)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
910.12 Ordinance for the protection of appellations of origin and geographical indications of agricultural products and processed agricultural products (Ordinance on the PDO and the PGI) of 28 May 1997 (Status January 1, 2015) the Swiss federal Council, view the art. 14, al. 1, let. d, 16 and 177 of the Act of 29 April 1998 on agriculture (LAgr), stop: Section 1 provisions general art. 1 principle appellations of origin and geographical indications of agricultural products and processed agricultural products which are listed in the federal register are protected.
They can be used only on the conditions laid down in this order. They can be used by any operator marketing agricultural products or processed agricultural products that comply with the corresponding specifications.
From food prices of agricultural products are assimilated, at all stages of processing, to the processed agricultural products.
The wine names are governed by the order of 14 November 2007 on the wine.

New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6109 RO).
Introduced by section I of O nov 14. 2007, in force since Jan. 1. 2008 (2007 6109 RO).
RS 916.140 new content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6109 RO).

Art. 2Appellation of origin can be registered as an appellation of origin the name of a region, of a place or, in exceptional cases, a country, used to describe an agricultural product or a processed agricultural product: a. native of this region, place or country; (b) the quality or characteristics are due exclusively or essentially to the geographical environment including natural factors and human factors; etc. which is produced, transformed and developed in a defined geographic area.

The traditional names of agricultural products or processed agricultural products which meet the conditions laid down in para. 1 can be saved as appellations of origin.

New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6109 RO).

Art. Geographical 3Indication may be registered as a geographical indication the name of a region, place or, in exceptional cases, a country, used to describe an agricultural product or a processed agricultural product: a. native of this region, place or country; (b) determined quality, reputation or other characteristic can be attributed to that geographical origin; etc. which is produced, transformed or developed in a defined geographic area.

The traditional names of agricultural products or processed agricultural products which meet the conditions laid down in para. 1 can be registered as geographical indications.

New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6109 RO).

Art. 4 generic name generic name cannot be registered as a designation of origin or geographical indication.
By generic name, means the name of a product which, although related to the place where this product was originally produced or marketed, has become a common name that designates it.
To determine whether a name has become generic, it takes into account all factors online account, including the opinion of producers and consumers, particularly in the region where the name originated.

New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6109 RO).

Art. 4adenominations film when an application for registration is identical to an already registered name name and gives the namesake to save name suggests to the public that products are from another region or from another place, this name should not be registered, although the exact name of the region or locality whose agricultural products or processed agricultural products originate.
The use of a registered homonymous name shall later be well differentiated use of the already registered name, in order to ensure fair treatment of the producers concerned and do not mislead consumers.

Introduced by section I of O from 26 nov. 2003, in force since Jan. 1. 2004 (RO 2003 4867).

Art. 4bNom of a plant or an animal breed a name may not be registered as an appellation of origin or geographical indication when it matches on behalf of a plant variety or an animal breed and is likely to mislead the consumer as to the true origin of the product.
Any risk of deception is particularly excluded if the denomination is the namesake of a plant variety or local animal breed that has not left its basin of origin or if it is possible to change the name of the plant variety or animal race.

Introduced by section I of O nov 14. 2007, in force since Jan. 1. 2008 (2007 6109 RO).
New content according to chapter I of the ' O of 29 October. in force since Jan. 1, 2014. 2015 (2014 3903 RO).

Section 2 registration art. 5 quality to apply any representative group of producers of a product may apply for registration to the federal Office for agriculture (FOAG).
A group is deemed representative: a. if its members produce, transform and develop at least half of the quantities of the product; (b) if at least 60% of the producers, 60% of the transformers and 60% of the developers of the product are members, etc. If it is demonstrated that the group works according to democratic principles.

For an appellation of origin, the group must bring together producers of all stages, namely according to the nature of the product: a. those who produce the raw; b. those who transform the product; c. those developing it.

New expression according to section I of the O of 29 October. in force since Jan. 1, 2014. 2015 (2014 3903 RO). This mod has been taken throughout the text.
Introduced by section I of O nov 14. 2007, in force since Jan. 1. 2008 (2007 6109 RO).

Art. 6 contents of the application the application must prove that the conditions set by this order for obtaining of the appellation of origin or geographical indication are met.
It contains in particular: a. the name of the applicant group and the evidence of its representativeness; (b) the appellation of origin or the geographical indication to be registered; c. the elements proving that the name is not generic; d. the evidence to prove that the product comes from the geographical to the senses of the art. 2 or 3 (history and traceability); e. the elements justifying the link with the geographical environment or the geographical origin within the meaning of art. 2 or 3 (typical of the product related to the terroir); (f) the description of the methods, local and that if they exist; (g) a summary containing: - the name, address and the composition of the applicant, - the name of the product -, protection, group - the type of product in question, - the evidence of the representativeness of the applicant group -, proof that the name is not generic , - the historical record, the typical characteristics of the product related to regional, - the description of the methods local, loyal and constant -, the main elements of the specifications (the geographical area, the description of the product and its main features, the description of the method of obtaining the product, the certification body, labelling and traceability).

It is accompanied by a book of charges and evidence that the request has been accepted by the Assembly of the representatives of the group.

Introduced by section I of O nov 14. 2007, in force since Jan. 1. 2008 (2007 6109 RO).
New content according to chapter I of the ' O of 29 October. in force since Jan. 1, 2014. 2015 (2014 3903 RO).

Art. 7 specifications the specifications loads includes: a. the name of the product including the appellation of origin or the geographical indication; (b) the demarcation of the geographical area; c. the description of the product, including its raw and its main physical, chemical, microbiological and organoleptic features d. description of the method of obtaining the product; (e) the designation of one or several certification bodies as well as the minimum requirements for control; f....

It can also include: a. the specific components of labelling; (b) the description of the distinctive shape of the product if it exists; c. the elements relating to the packaging, when the applicant group can justify that the packaging must take place in the geographical area delimited in order to safeguard the quality of the product and to ensure traceability or control.

Repealed by section I of O nov 14. 2007, with effect from Jan 1. 2008 (2007 6109 RO).
Introduced by section I of O from 26 nov. 2003 (RO 2003 4867). New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6109 RO).

Art. 8 consultation the FOAG supports the opinion of the Commission of the designations of origin and geographical indications (commission, art. 22).
It also calls on the cantonal and federal authorities concerned to give their opinion.

Art. 8aprocedure of registration of the foreign names


When the application comes from a group in a third country, it must meet the requirements in art. 5 to 7 and include proving that the name in question is protected in its country of origin.
In the case of a name designating a border geographical area or a traditional name connected to a cross-border area, several groups may submit a joint application.
The request is sent to the FOAG directly by the applicant group or through the authorities of the third country concerned in one of the three languages official or accompanied by a certified translation in one of these languages. If the request is addressed in another language, the FOAG may order a translation.
When the original spelling of the name don't use Latin characters, it should be accompanied by a transcription in Latin characters.
The FOAG takes the advice of the commission and the federal authorities concerned.

Introduced by section I of O nov 14. 2007, in force since Jan. 1. 2008 (2007 6109 RO).

Art. 9 decision and publication the FOAG decides on the conformity of the application to the requirements of art. 2 to 7 taking into account particularly in the opinion of the commission.
If he accepts the request, it is published, with the main elements of the specifications, in the Swiss official trade journal.

Art. 10 opposition may appeal against the registration: a. any person establishing an interest worthy of protection; (b) the cantons, in the case of a Swiss name, of a cross-border name within the meaning of art. 8, art. 2, or of a foreign name totally or partially homonymous Canton geographical entity.

The opposition is made in writing to the FOAG within three months of the date of publication of the application for registration.
Can be invoked the following grounds for opposition including: a. the name does not meet the conditions set out in art. 2 or 3; b. name is a generic name; (c) the group is not representative; d. proposed registration could jeopardize a brand name totally or partially homonymous used for a long time.

New content according to chapter I of the ' O of 29 October. in force since Jan. 1, 2014. 2015 (2014 3903 RO).
New content according to section I of the O from 26 nov. 2003, in force since Jan. 1. 2004 (RO 2003 4867).

Art. 11 decision on opposition the FOAG statue on the opposition, after consultation with the commission.
He also consulted the federal Institute of intellectual property where the opposition is based on the grounds mentioned in art. 10, al. 3, let. d. art. 12 registration and publication the name is entered in the register of appellations of origin and geographical indications: a. If no opposition were filed on time; (b) if any objections or appeals have been rejected.

The registration is published in the Swiss official trade journal.

New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6109 RO).

Art. 13 register the FOAG holds the register of appellations of origin and geographical indications.
The registry contains: a. the name, mention DOP (denomination of protected origin) or IGP (protected geographical indication) and its number; (b) the name of the Group; (c) the specifications; d. the date of the registration; e. the date of publication of the registration.

Any person is authorized to consult the register and obtain extracts.

Art. 14 changes to the specification changes to the specification are subject to the same procedure as that provided for the records.
The following of the specification changes subject to a simplified procedure: a. designation of a new certification body or removal of such a body; b. modification of specific elements of labelling; c. changing the description of the geographical area if geographic features are renowned, particularly in the case of merger of municipalities.

Under the simplified procedure, it is waived the taking of notice under art. 8 and to the publication of the decision provided in art. 9; the proceeding provided for in arts. 10-11 does not apply.

New content according to chapter I of the ' O of 29 October. in force since Jan. 1, 2014. 2015 (2014 3903 RO).
Introduced by chapter I of the ' O of 29 October. in force since Jan. 1, 2014. 2015 (2014 3903 RO).

Section 2A proceedings art. 15. the FOAG removes registration of a protected name: a. upon request, if the protected name is no longer used, or if all users and the cantons concerned have more interest in the maintenance of the registration of the name; (b) if it is found that compliance with the specification of the protected name is more assured for reasons justified; c. If it is no longer protected in its country of origin in accordance with art. 8 a. beforehand, the FOAG consults with federal and cantonal authorities concerned as well as the commission, insofar as it a Swiss name or of a cross-border name within the meaning of art. 8, art. 2. he shall hear the parties under art. 30A of the Federal Act of 20 December 1968 on administrative procedure.
The radiation is published in the Swiss official trade journal.

Repealed by no I 10 O of Dec. 10. 1998 (RO 1999 303). New content according to section I of the O from 26 nov. 2003, in force since Jan. 1. 2004 (RO 2003 4867).
Introduced by chapter I of the ' O of 29 October. in force since Jan. 1, 2014. 2015 (2014 3903 RO).
RS 172.021 new content according to chapter I of the ' O of 29 October. in force since Jan. 1, 2014. 2015 (2014 3903 RO).

Section 3 Protection art. 16Interdiction to use the AOC, PDO or PGI mentions or similar mentions mentions "appellation of origin", "designation of protected origin", "protected geographical indication" and their abbreviations can be used for agricultural products or processed agricultural products whose name has not been registered in accordance with this order.
Is also prohibited the use of statements similar to those cited in para. 1 or bearing to confusion.
The al. 1 and 2 also apply to agricultural products or processed agricultural products whose name has been registered, but not certified under art. 18 of this order.
Are reserved foreign denominations registered in their country of origin.

New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6109 RO).

Art. 16aMention AOC, PDO or PGI mentions "appellation of origin", "appellation of origin" and "protected geographical indication" or their respective abbreviations (AOC, PDO, PGI) should be included in an official language on the labelling of agricultural products or processed agricultural products whose name has been registered in accordance with this order.
The terms and abbreviations set out in para. 1 are optional for agricultural products and processed agricultural products whose name has been registered under art. 8a of this order.

Introduced by section I of O nov 14. 2007, in force since Jan. 1. 2008 (2007 6109 RO).

Art. 17 scope of protection the commercial use direct or indirect use of a protected name is prohibited: a. any product comparable not conform to the specifications; (b) for any product not comparable if this use exploits the reputation of the protected name.

The al. 1 is worth including: a. If the registered name is evoked or imitated; (b) if it is translated, c. If it is accompanied by a phrase such as 'like', 'type', 'method', 'way', 'imitation', 'according to the recipe"or a similar expression; d. If the origin of the product is indicated; e. If the product is used as an ingredient.

Are also prohibited: a. any false or misleading as to the true origin of the product, its origin, its method of production, its nature or its substantial qualities appearing on packaging, packaging, advertising or documents relating to the product; (b) any use of a container or a package to create a misperception about the origin of the product; c. any use of the distinctive of the product according to the art form. 7, al. 2, let. b. introduced by chapter I of the ' O of 29 October. in force since Jan. 1, 2014. 2015 (2014 3903 RO).
New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6109 RO).

Art. 17aProduits not comply with specifications for the agricultural products and processed agricultural products which do not meet the conditions related to the use of an appellation of origin or a geographical indication registered, but which were legally 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 previous law for two years from the date of publication of the registration. They may still be marketed for three years from this date.

When the specification is changed according to art. 14 al. 1, agricultural products and processed agricultural products can still be manufactured, packaged, labeled and marketed according to the old law for two years from the date of publication of the changes.

Introduced by section I of the O of Jan. 12. 2000 (RO 2000-379). New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6109 RO).

Section 4 control art. 18 designation of the certification body, one that uses an appellation of origin or a geographical indication must entrust to a certification body defined in the specifications control the production, transformation or development of the product.
The federal Department of the economy, training and research sets the minimum requirements for control.

The name of the administrative unit has been adapted to 1 Jan. 2013 in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1).
Introduced by c. I 10 O of Dec. 10. 1998, in force since Jan. 1. 1999 (RO 1999 303).

Art. 19 certification bodies certification bodies must be accredited pursuant to the order of June 17, 1996 on accreditation and the name for the corresponding product. For each denomination to which they exercise control, certification bodies must be for the benefit of the extension of the scope of accreditation for the product in question.
Foreign certification bodies certifying products names foreign in the sense of art. 8a must be accredited according to international standards that conform to the requirements set out in para. 1. the FOAG recognizes, after agreement with the Swiss Accreditation Service, foreign certification bodies who wish to exercise their activity in Switzerland when they can demonstrate that they meet the qualifications equivalent to those required in Switzerland. In particular, they must demonstrate knowledge useful to their tasks Swiss legislation.
Art. 18, al. 3, of the Federal Act of 6 October 1995 on technical barriers to trade is reserved.

RS 946.512 new content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6109 RO).
Introduced by chapter I of the ' O of 29 October. in force since Jan. 1, 2014. 2015 (2014 3903 RO).
SR 946.51 art. 20denonciation of irregularities certifying bodies report to the FOAG, competent cantonal chemists and groups irregularities during the controls.

New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6109 RO).

Art. 21execution the FOAG executes this order subject to para. 2. where it is not food, it applied the legislation on agriculture.
The cantonal food control bodies run section 3 of the Ordinance according to the legislation on foodstuffs.
The cantonal food control bodies report to the FOAG, certification bodies and groupings the irregularities.
The FOAG monitor certification bodies subject to supervision provided for by the Ordinance of 17 June 1996 on accreditation and designation. It may issue instructions.

New content according to section I of the O from 26 nov. 2003, in force since Jan. 1. 2004 (RO 2003 4867).
New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6109 RO).
RS 946.512 Section 5 provisions final art. 22 commission of appellations of origin and geographical indications the federal Council establishes a Committee on designations of origin and geographical indications.
The commission advises the FOAG in the execution of this order.
...

New content according to section 6.6 of the Nov. 9 O I. 2011 (review of the extra-parliamentary commissions), in force since Jan. 1. 2012 (2011 5227 RO).
Repealed by no I of O nov 14. 2007, with effect from Jan 1. 2008 (2007 6109 RO).

Art. Transitional 23Dispositions of the change of November 14, 2007 registration applications pending at the time of the entry into force of the amendment of November 14, 2007 are reviewed according to the new law.
Agricultural products and processed agricultural products of the registered names can be labeled as an exception to the art. 16a according to the old right up to June 1, 2008 and put in circulation until the date limit of consumption.
The former art. 17a is applicable to all denominations registered, for which the transitional period is not expired.

Repealed by no III al. 2 ch 2 o on March 27, 2002 (RO 2002 573). New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6109 RO).

Art. 24 amendment of the law in force.

The mod. can be found at the RO 1997 1198.

Art. 25 repealed by section I of the O of Jan. 12. 2000, with effect from Jan 1. 2000 (RO 2000-379).

Art. 26entree into force this order comes into force on July 1, 1997, new content according to chapter III al. 2 ch 2 o on March 27, 2002, in force since May 1, 2002 (RO 2002 573).

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

State on January 1, 2015

Related Laws