Rs 916.151 Order Of 7 December 1998 On The Production And Circulation Of Plant Propagating Material Production (Ordinance On Propagating Material)

Original Language Title: RS 916.151 Ordonnance du 7 décembre 1998 sur la production et la mise en circulation du matériel végétal de multiplication (Ordonnance sur le matériel de multiplication)

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916.151 Ordinance on the production and circulation of plant propagating material (Ordinance on propagating material) of December 7, 1998 (status as of 1 February 2016) implementation. the Swiss federal Council, view the art. 148, art. 3A, 159, 160, al. 1-5, 161, 162, 164 and 177 of the Act of 29 April 1998 on agriculture (LAgr), see art. 17 of the Act of 21 March 2003 on genetic engineering (LGG), stop: Section 1 provisions general art. 1 scope unless otherwise provided, this order regulates the professional production and the introduction of the plant multiplication (material) material intended for professional use: a. in agriculture; b. forage for non-farm use; c. ornamental plants.

It does not apply to material intended exclusively for export to the States with which the Switzerland has not concluded agreement on the reciprocal recognition of the provisions governing the production and circulation.

New content according to section I of the O on May 12, 2010, in effect since July 1. 2010 (2010 2327 RO).

Art. 2 definitions a. material plant propagation, circulation, production within the meaning of this order, means: a. material plant multiplication: seeds, plants, scions, rootstocks and other parts of the plant, including material obtained by production in-vitro, which are intended to be multiplied, sown, planted or replanted; b. in circulation : sale, possession for sale, offer for sale and any discount, delivery or transfer of equipment to third parties, for consideration or not; c. production: all manufacturing, including packing excluding the packaging in a farm for the production of the latter, for its own use; d. batch: a quantity of homogeneous material constituting a unit for the production put into circulation or, as appropriate, certification; e. blends: blends of material of different species or varieties.

New content according to section I of the O on May 12, 2010, in effect since July 1. 2010 (2010 2327 RO).
New content according to section I of the O on May 12, 2010, in effect since July 1. 2010 (2010 2327 RO).

Art. 3. varieties within the meaning of this order, means: a. variety: a plant of a botanical taxon of the lowest rank known which fully meet the conditions imposed for the granting of a breeder's right, or not can be: 1 defined by the expression of the characters resulting from a certain genotype or a certain combination of genotypes, distinguished from any other plant set by the expression of at least one of the said characters 2 3. considered as an entity in view of its ability to be reproduced in conformity;

b. experimental variety: a variety announced for registration in the catalogue of varieties; c. distinct variety: a variety: 1. who is clearly distinguishable by one or more important characters from any other variety known, whatever the origin, artificial or natural, of the variation that gave him birth, 2. which characters can be recognized and described with precision;

d. sufficiently homogeneous variety: a variety whose plants that compose it, apart from rare aberrations, are similar or genetically identical to the relevant character set into account in the light of the peculiarities of their reproductive system; e. stable variety: a variety that is consistent with the definition of its essential character as a result of its successive multiplications or at the end of each cycle where the breeder has defined a particular multiplication cycle; f. known variety: a variety which: 1 is registered in the catalogue of varieties or which is the subject of a registration procedure, 2 is recorded in a national of another country or an international catalog catalog or makes subject to a registration procedure, provided that there is a recognition agreement with that country or the international organization reciprocal provisions relating to the registration of varieties with a view to their implementation in circulation or provisions relating to the protection of new varieties of plants, 3. has been included in the catalogue of varieties or in a foreign catalogue or according to the No. 2 international.

Art. 3aPrescriptions of the federal Office of agriculture when there is a need to act quickly in situations that require quick action, the federal Office of agriculture (office) may, in agreement with the relevant services, prohibit importation, putting into circulation and use of propagating material that endangers the health of human beings humans and animals or who present a risk to the environment.
It may fix for the propagating material of the maximum values which must not be exceeded. The maximum values are based on international standard values, maximum values in force in the exporting country or are scientifically based.
It can fix what propagating material must be imported or put into circulation only accompanied by a declaration to the competent authorities of the exporting country or accredited service.
It establishes what information the report must include and if documents must be attached to the declaration.
The lots for which the documents referred to in para. 4 cannot be presented when importing are turned back or destroyed if they present a risk.

Introduced by section I of O on May 25, 2011, in effect since July 1. 2011 (2011 2399 RO).

Section 2 catalog varieties and list of varieties art. 4 catalogue of varieties the federal Department of the economy, training and research (RFLD) determines the species for which a catalogue of varieties is established.
It regulates the procedure of examination of varieties and registration in the catalog as well as the right of access to documents.
The Agency is empowered to prescribe by order catalogues of varieties.

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 (RO 2004 4937) official publications. This mod has been taken throughout the text.
New content according to section I of the O on May 25, 2011, in effect since July 1. 2011 (2011 2399 RO).

Art. 5 requirements for registration a variety is registered in the catalogue of varieties if: a. it is distinct, stable and sufficiently uniform; b. its cultivation and use value presents an improvement over other varieties; c. the conservative variety selection is provided by a method recognized by the Agency, under the responsibility of the breeder or his representative and that it can be controlled at all times by the office; d. the denomination of the variety meets the requirements laid down in art. 6 of the Federal Act of 20 March 1975 on the protection of new varieties of plants.

The Davis may make exceptions to the conditions of registration in particular for: a. varieties destined exclusively to the circulation abroad subject to the provisions of international agreements; b. species or of varieties of minor significance; c. vegetables d. component varieties and blends of lines; e. varieties of grasses forage intended exclusively for non-agricultural use.

It can set specific requirements, determining the value of cultivation and use; for some species, it may fix other conditions in addition to those laid down in the al. 1 exceptionally, the Agency may register a variety that does not meet the requirements referred to in para. 3, if it has positive characteristics largely offsetting some shortcomings.

RS 232.16 introduced by chapter I of the O on March 8, 2002, in force since June 1, 2002 (RO 2002 943).

Art. 6 conservative selection the breeder or his representative shall submit the descriptions of conservative selection methods referred to in art. 5, al. 1, let. c, to the office. This recognizes the method if the latter allows to maintain the variety meets the description submitted when registering.
The conservative selection can be performed abroad if the practical control is recognized equivalent.

Art. 7 term of the registration in the catalogue a variety is registered in the catalogue for a period of ten years.
Registration of a variety may be renewed for periods of 10 years, provided that the requirements as to the distinction, stability and homogeneity are always met.
The request for extension must be submitted to the office two years before the expiry of the registration.

New content according to section I of the O on May 12, 2010, in effect since July 1. 2010 (2010 2327 RO).
New content according to section I of the O on May 12, 2010, in effect since July 1. 2010 (2010 2327 RO).

Art. 8 withdrawal of the catalogue a variety can be removed from the catalog:

a. If the provisions of this order or those arising therefrom are not met; (b) If false or misleading indications have been provided during the request for registration or the registration procedure; c. at the request of the breeder or his representative, unless a conservative selection is assured; d. If the variety produces intolerable human side effects , animals or the environment; e. If the conditions of the implementation of the precautionary measures referred to in art. 148, art. 1, LAgr are met.

Introduced by section I of O from 26 nov. 2003, in force since Jan. 1. 2004 (RO 2003 4921).
Introduced by section I of O from 26 nov. 2003, in force since Jan. 1. 2004 (RO 2003 4921).

Art. 9 list of varieties the EAER determines the species for which a list of varieties is established; set registration and withdrawal conditions.
It regulates the procedure of examination of varieties and registration in the list as well as the right of access to documents.
The Agency is empowered to enact the lists of varieties.

Art. 9avarietes genetically modified material of a genetically modified variety can be put into circulation only if the variety is allowed.
When a GM variety is used for selection, varieties that come in are also considered as genetically modified, unless it is shown that they contain more genetic modification.
A variety that is already in the catalogue of varieties, but which has then been genetically modified, must be subject to a new registration.
GM material that is not put into circulation as a variety must also subject to authorisation.

Introduced by section 3 of annex 5 to the O of 25 August 1999 on the release in the environment, in effect since Nov. 1. 1999 (RO 1999 2748).
New content according to chapter I of O on June 5, 2000, in force since July 1. 2000 (RO 2000-1646).
New content according to chapter I of O on June 5, 2000, in force since July 1. 2000 (RO 2000-1646).

Art. 9bprocedure for approval of applications for approval of genetically modified varieties genetically modified varieties must be filed with the Agency.
The application must meet the requirements of this order as well as those of art. 28 of the order of 10 September 2008 on the dissemination in the environment (ODE).
For the circulation of material of genetically modified varieties whose development is based on the use of genetic resources or traditional knowledge associated with them, the provisions of the Ordinance of 11 December 2015 Nagoya are reserved.
The office directs and coordinates the procedure according to the ODE. It conducts the necessary field trials, as appropriate, to the granting of the authorization only if they meet the requirements of the ODE.
The office grants permission to put on the market only if: a. the requirements of this order and the ODE are met; (b) if applicable, the putting on the market of this variety as a food or feed for animals has been authorized by the competent authorities.

If the conditions set out in art. 148a LAgr are met, the office may refuse to grant a permit, match this authorization of charges or conditions, or withdraw approval of a genetically modified variety already in commerce.

Introduced by section 3 of annex 5 to the O of 25 August 1999 on the release in the environment, in effect since Nov. 1. 1999 (RO 1999 2748).
RS 814.911 new content according to section 10 of Schedule 5 to the O from 10 sept. 2008 on the release into the environment, in effect since Oct. 1. 2008 (RO 2008 4377).
RS 451.61 introduced by section 6 of the appendix to the O in Nagoya Dec. 11. 2015, in effect since Feb. 1. 2016 (2016 277 RO).
New content according to section 10 of Schedule 5 to the O from 10 sept. 2008 on the release into the environment, in effect since Oct. 1. 2008 (RO 2008 4377).
Introduced by section I of O from 26 nov. 2003, in force since Jan. 1. 2004 (RO 2003 4921).

Section 3 Certification, production, traffic and use Art. ban 10 categories of material material is produced and put into circulation in the form of: a. pre-basic material; b. basic material; c. certified material; d. material commercial; e. standard equipment; f. material CAC (Conformitas Agragria Communitatis).

Pre-basic material, the basic material and certified material constitute the material certified in the broad sense (s.l.).
For some species, the EAER can limit production and putting into circulation to certain categories.
It may authorize the use of synonyms for the species pre-basic material.
It sets specific requirements to satisfy the different categories.

Art. 11 certification of hardware alone can be certified (s.l.): a. pre-basic material, the basic material and certified material; b. the material of a variety registered in a catalogue of varieties or in a list of varieties or material of an experimental variety; c. the material directly to a higher grade material according to the rules of filiation of the species specific; d. material from downsizing of multiplication meets production requirements; e. filling material requirements applicable to class characteristics.

The EAER may allow for the certification of the material of varieties admitted or subject to an admission in a foreign or international catalogue or in a foreign or international list if the provisions governing the registration of varieties in such a catalogue or such a list are equivalent to the provisions of the Ordinance and the provisions arising therefrom.
It sets specific rules of filiation and the requirements to meet the number of multiplication and lots of material.
It regulates the procedure for the certification of lots of material.

New content according to section I of the O on May 12, 2010, in effect since July 1. 2010 (2010 2327 RO).
New content according to section I of the O on May 12, 2010, in effect since July 1. 2010 (2010 2327 RO).
Introduced by section I of O on May 12, 2010, in effect since July 1. 2010 (2010 2327 RO).
New content according to section I of the O on May 12, 2010, in effect since July 1. 2010 (2010 2327 RO).

Art. 12 production of certified material (s.l.) anyone who wants to produce certified material (s.l.) must require an approval within the meaning of art. 160, al. 2, LAgr.
Can produce certified material (s.l.) anyone who has the personnel and equipment ensuring a satisfactory quality of work at all stages of production.
The EAER specifies requirements to satisfy the production companies and regulates the approval procedure.
It sets out the conditions governing the production of mixtures.

Art. 13 production of non-certified material (s.l.) the EAER can set specific requirements for the production of commercial material, standard material for mixtures or CAC material and lots of material in these categories.
It can submit companies producing certain species to approval and set the requirements to satisfy the production plots. It regulates the procedure.

Art. 14 requirements for putting into circulation a material can be put into circulation when: a. the requirements set for different species and categories are met; b. it meets the requirements of the plant protection law; c. its variety is in a catalog varieties, if a catalog is established for the species or in the list of varieties If such a list is established for the species.

The EAER can predict the entry into circulation of the material of varieties admitted or subject to an admission in a catalogue of foreign or international or in a list of foreign or international if the provisions governing the registration of varieties in such a catalogue or such a list are equivalent to the provisions of the Ordinance and the provisions resulting.
The EAER may provide for exceptions, for the conservation and utilization of plant genetic resources for food and agriculture, for the experimental varieties, for research or for some uses of minor importance.
In the event of temporary difficulties of general supply, the office may authorize the release of emergency equipment that does not entirely match the requirements.
The material may be put into circulation only if it is packaged and labelled in accordance with the requirements laid down in art. 17. the Davis sets the rules applicable during the period during which the material of a variety may be put into circulation after the expiration of the term of its registration in the catalogue.
For the circulation of plant propagating material whose development is based on the use of genetic resources or traditional knowledge associated with them, the provisions of the Ordinance of 11 December 2015 Nagoya are reserved.


New content according to section I of the O on May 12, 2010, in effect since July 1. 2010 (2010 2327 RO).
New content according to section I of the O on May 12, 2010, in effect since July 1. 2010 (2010 2327 RO).
Introduced by section I of O on May 12, 2010, in effect since July 1. 2010 (2010 2327 RO).
RS 451.61 introduced by section 6 of the appendix to the O in Nagoya Dec. 11. 2015, in effect since Feb. 1. 2016 (2016 277 RO).

Art. no genetically modified 14apresence of impurities consisting of genetically modified organisms anyone who puts into circulation of the material takes all possible steps to prevent impurities consisting of genetically modified organisms. Anyone any such material and sell it to third parties must have at the end of a proper quality assurance system. The Agency must, at his request, be able to examine all quality assurance measures.
Anyone who wants to put in circulation of authorized genetically modified material takes all the measures provided for in para. 1 to prevent impurities consist of unauthorized genetically modified organisms.
A lot of material that contains less than 0.5% of material from an unauthorized genetically modified variety and whose compatibility with the environment has occurred according to the ODE or a foreign equivalent procedure performed under comparable conditions can be put into circulation without authorization, in accordance with art. 9A, if: a. genetically modified organisms are permitted under art. 22 of the order of 23 November 2005 on food and the everyday objects when the variety in question is intended for the manufacture of foodstuffs, additives or processing AIDS within the meaning of the Ordinance or products that are used to make, forgotten the source. genetically modified organisms are on the list of GMO feed, under art. 6, al. 1, of the Ordinance of 26 May 1999 on pet food when the variety in question is intended for the manufacture of raw materials or simple food within the meaning of the Ordinance, ouc. the variety in question is only for the production of renewable raw material or is used in producing horticulture.

In agreement with the federal Office for the environment (FOEN) and the federal Office of public health, the Agency publishes a list of genetically-modified organisms that meet the requirements set out in para. 3. where, for a given species, the standard for minimum varietal purity is greater than 99.5%, tolerance is lowered accordingly.
The office may define analytical methods to control the percentage of genetically modified material.
If there is reason to believe that an organism genetically modified within the meaning of para. 3 poses a risk to the environment and, starting, for the human being, the office, after approval of the FOEN, cancels the valid tolerance for this organization.

Introduced by chapter I of O on June 5, 2000, in force since July 1. 2000 (RO 2000-1646).
RS 814.911 new content according to section 10 of Schedule 5 to the O from 10 sept. 2008 on the release into the environment, in effect since Oct. 1. 2008 (RO 2008 4377).
New content according to section 10 of Schedule 5 to the O from 10 sept. 2008 on the release into the environment, in effect since Oct. 1. 2008 (RO 2008 4377).
RS 817.02 [RO 1999 1780 2748 Appendix 5 c. 6, 2001 3294 ch. II 14, 2002 4065, 2003 4927, 2005 973 2695 c II 19, 5555, 2007 4477. ch. IV 70, 2008 3655 4377 annex 5 c. 14, 2009 2599, 2011 2405. RO 2011 5409 art. [77]. see currently O from 26 oct. 2011 (RS 916.307).
New content according to section I O from 19 nov 5. 2003 on the mod. orders due to the law on genetic engineering, in force since Jan. 1. 2004 (RO 2003 4793).

Art. 15 import of the material produced abroad the material produced abroad can be imported when: a. the requirements of the country of origin relating to the production and putting into circulation are recognized equivalent to those laid down in the Ordinance and the provisions arising therefrom; (b) the variety is registered in the catalogue of varieties or in the national list of varieties; c. art. 14, al. 2, applies.

The office maintains a list of countries with the requirements referred to in para. 1, let. a, are recognized equivalent.
The EAER may allow the importation of the material of varieties admitted or subject to an admission in a foreign or international catalogue or in a foreign or international list if the provisions governing the registration of varieties in such a catalogue or such a list are equivalent to the provisions of the Ordinance and the provisions arising therefrom.
When the requirements of the country of origin do not meet the conditions of the al. 1, let. has the EAER may submit to permit the importation of certain categories of material. The Agency allowing the import of the material if it meets the requirements of this order and the provisions resulting.

New content according to section I of the O on May 12, 2010, in effect since July 1. 2010 (2010 2327 RO).
New content according to section I of the O on May 12, 2010, in effect since July 1. 2010 (2010 2327 RO).
New content according to section I of the O on May 12, 2010, in effect since July 1. 2010 (2010 2327 RO).
Introduced by section I of O on May 12, 2010, in effect since July 1. 2010 (2010 2327 RO).
New content according to section I of the O on May 12, 2010, in effect since July 1. 2010 (2010 2327 RO).

Art. The EAER 16agrement can submit to approval the companies that put in circulation material of species of particular importance.

New content according to section I of the O on May 12, 2010, in effect since July 1. 2010 (2010 2327 RO).

Art. 17 labelling and packaging the certified material (s.l.) has an official label when they are placed in circulation. The directions on the label are indelible and written in an official language.
The EAER may require that non-certified material (s.l.) be accompanied by an official label or document to the supplier upon its release.
Any chemical treatment or other equipment must be mentioned on the official label, on a supplier label or on the packaging, in accordance with the order of 23 June 1999 on plant protection products.
Labels of packages containing emergency equipment must indicate that it is a material subject to reduced requirements.
Labels for packaging containing genetically modified material must include the statement 'X genetically modified'. This can be done without affix this mention on packaging material containing, regardless of the will of the manufacturer or importer, traces of GMOs authorized or approved under art. 14, art. 3, if their percentage does not exceed 0.5%.
Packaging of certified material (s.l.) is designed so that the locking system or the official tag is damaged when the package is opened.
The EAER may set additional requirements related to labelling, packaging and their closure. It may provide for exceptions related to the packaging and closure for some species.

[RO 1999 2045 2748 annex 5 ch. 4, 2003 4793 ch. I 6 5421, 2004-627-4089, 2005 81. RO 2005 3035 art. [68]. currently see O on May 12, 2010 (RS 916.161).
New content according to section 7 of Schedule 2 to the O of 23 June 1999 on plant protection products, in effect since August 1, 1999 (RO 2005 3035).
Introduced by point 3 of annex 5 to the O of 25 August 1999 on the release into the environment (RO 1999 2748). New content according to section I O from 19 nov 5. 2003 on the mod. orders due to the law on genetic engineering, in force since Jan. 1. 2004 (RO 2003 4793).

Art. 17aInterdiction to use when a variety is removed from the catalogue of varieties under art. 8, let. d or e or the approval granted for a genetically modified variety is refused or withdrawn, the office may prohibit with immediate effect the use of the variety concerned if there is reason to expect side effects to serious consequences.

Introduced by section I of O from 26 nov. 2003, in force since Jan. 1. 2004 (RO 2003 4921).

Section 4...

Art. 18 repealed by no II of the O on June 25, 2008, with effect from Jan 1. 2009 (RO 2008 3809).

Art. 18 introduced by section I of O from 26 nov. 2003 (RO 2003 4921). Repealed by no II of the O on June 25, 2008, with effect from Jan 1. 2009 (RO 2008 3809).

Section 5 statistics and Art. opposition proceedings 19 marketing statistics producers and companies that produce, condition or put in circulation of the material are required to report, at the request of the office, the quantities put into circulation, especially when material comes from genetically modified varieties.

Art. 20 opposition proceedings the EAER may establish an opposition procedure against decisions of first instance taken during the checks provided for by this order and the provisions resulting.

Section 6 provisions final art. 21 the EAER skills


The EAER enacts the provisions of this order. It takes into account the requirements and standards of international organizations.
It may assign to the cantonal police authorities control tasks.

Art. 22 responsibilities of the office the office is responsible for the execution of this order and the provisions resulting.
They can associate with control tasks of Customs officers and the cantonal enforcement authorities.
He may appoint technical committees composed of representatives of the interested circles who advise it in the execution of this order and the provisions resulting.
It can collect, take or demand samples and analyze them or analysis at the expense of companies that are certified, produce or put in circulation of the material.
It can load independent organizations of controls the execution of certain tasks imposed. Control organizations may charge fair fees to cover their costs.

Art. 23 repealed by no IV 68 of the O on August 22, 2007 relating to the formal update of federal law, with effect from Jan 1. 2008 (RO 2007 4477).

Art. 23 introduced by c. I. O 19 nov 5. 2003 on changes of orders due to the law on genetic engineering (RO 2003 4793). Repealed by no IV 68 of the O on August 22, 2007 relating to the formal update of federal law, with effect from Jan 1. 2008 (RO 2007 4477).

Art. 24 entry into force this order comes into force on January 1, 1999.

RO 1999 420 new content according to section I of the O on May 12, 2010, in effect since July 1. 2010 (2010 2327 RO).
RS 910.1 RS 814.91 new content according to section I O from 19 nov 5. 2003 on the mod. orders due to the law on genetic engineering, in force since Jan. 1. 2004 (RO 2003 4793).
New content according to section I of the O from 26 nov. 2003, in force since Jan. 1. 2004 (RO 2003 4921).

Status as of February 1, 2016

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