¹ Unless otherwise provided, this order shall rule on the professional production and the placing in circulation of propagating plant material (material) intended for professional use:

A.

In agriculture;

B.

Forage plants intended for non-agricultural use;

C.

Of ornamental plants. ¹

² It does not apply to equipment intended exclusively for export to states with which Switzerland has not concluded an agreement on the reciprocal recognition of the provisions governing production and release.

For the purposes of this order:

A.

Propagating plant material: Seeds, plants, grafts, rootstocks and all other plant parts, including material obtained by in vitro production, which are intended to be multiplied, sown, planted or replanted;

B. ¹

Put into circulation: Sale, possession for sale, offer for sale and any delivery, delivery or transfer of material to third parties, whether for consideration or not;

C. ²

Production: Any manufacture, including packaging to the exclusion of packaging in an agricultural undertaking from the production of the latter, intended for its own use;

D.

Batch: A uniform quantity of equipment constituting a unit for the production, circulation or, where appropriate, certification;

E.

Mixtures: Mixtures of material of different species or varieties.

For the purposes of this order:

A.

Variety: A plant set of a botanical taxon of the lowest known rank which, whether or not it fully meets the conditions imposed for the grant of a breeder's right, may be:

1.

Defined by the expression of characters resulting from a certain genotype or a certain combination of genotypes,

2.

Distinguished from any other plant by the expression of at least one of the said characters,

3.

Considered to be an entity having regard to its ability to be reproduced in conformity;

B.

Experimental variety: A variety announced for registration in the variety catalogue;

C.

Distinct variety: a variety:

1.

Which is clearly distinguished by one or more important characters of any other known variety, regardless of the origin, artificial or natural, of the initial variation that gave rise to it,

2.

Whose characters can be recognized and accurately described;

D.

Sufficiently homogeneous variety: A variety of which the plants composing it, apart from rare aberrations, are similar or genetically identical for all the relevant characters, taking into account the particularities of their breeding system;

E.

Stable variety: A variety which remains in conformity with the definition of its essential characters as a result of its successive multiplications or at the end of each cycle, where the breeder has defined a particular cycle of propagation;

F.

Known variety: A variety that:

1.

Is registered in the catalogue of varieties or is the subject of a registration procedure,

2.

Is registered in a national catalogue of another country or in an international catalogue or which is the subject of a registration procedure, provided that there is a recognition agreement with that country or the international organization Reciprocal of the provisions on the registration of varieties for the purposes of their release or provisions relating to the protection of plant varieties,

3.

Has been included in the catalogue of varieties or in a foreign or international catalogue according to the c. 2.

¹ In situations requiring prompt action, the Federal Office for Agriculture (Office) may, in agreement with the services concerned, prohibit the importation, placing into circulation and use of propagating material which endangits Human and animal health or that pose a risk to the environment.

² It may fix for this material the multiplication of the maximum values which must not be exceeded. The maximum values are based on international standard values, the maximum values in force in the exporting country or are scientifically sound.

³ It may fix which propagating material shall be imported or put into circulation only accompanied by a declaration by the competent authorities of the exporting country or of an accredited service.

⁴ It sets out what indications the declaration should contain and whether documents should be attached to the statement.

⁵ Batches for which the documents referred to in para. 4 cannot be presented at the time of importation are turned back or destroyed if they present a risk.

¹ The Federal Department of Economics, Training and Research (DEFR) ¹ Determines the species for which a variety catalogue is established.

² It regulates the procedure for the examination of varieties and registration in the catalogue and the right of access to documents.

³ The Office has the power to issue by order the catalogues of varieties. ²

¹ A variety is registered in the variety catalogue if:

A.

It is distinct, stable and sufficiently homogeneous;

B.

Its cultural and use value has an improvement over other varieties;

C.

The conservative selection of the variety is ensured by a method recognized by the Office, under the responsibility of the breeder or his representative, and may at any time be controlled by the Office;

D.

The denomination of the variety satisfies the requirements set out in Art. 6 of the Federal Law of 20 March 1975 on the Protection of New Varieties of Plants ¹ .

² The DEFR may provide for derogations from the conditions of registration in particular for:

A.

Varieties intended exclusively for release abroad subject to the provisions of international agreements;

B.

Minor species or varieties;

C.

Vegetables;

D.

Component varieties and mixtures of lines;

E. ²

Grass varieties of forage plants intended exclusively for non-agricultural use.

³ It may lay down specific requirements determining the cultural value and use; it may, for certain species, lay down other conditions in addition to those laid down in para. 1.

⁴ On an exceptional basis, the Office may register a variety that does not meet the requirements set out in para. 3, if it has positive characteristics that largely compensate for certain shortcomings.

¹ The breeder or his representative shall submit the descriptions of the conservative selection methods referred to in Art. 5, para. 1, let. V. Office. The method recognizes the method if it allows the variety to be maintained in accordance with the description filed at the time of registration.

² Conservative selection can be made outside Canada if the control is recognized as equivalent.

¹ A variety is registered in the catalogue for a period of ten years. ²

² The registration of a variety may be renewed for periods of ten years, provided that the requirements for distinction, stability and homogeneity are always met.

³ The request for an extension must be filed with the Office two years before the expiry of the registration.

A variety can be removed from the catalog:

A.

If the provisions of this order or the provisions of this order are not complied with;

B.

Whether false or misleading representations have been made in the application for registration or the registration procedure;

C.

At the request of the breeder or his representative, unless a conservative selection remains;

D. ¹

If the variety produces intolerable side effects on humans, animals or the environment;

E. ²

Whether the conditions for the implementation of the precautionary measures referred to in s. 148 A , para. 1, LAgr are completed.

¹ The DEFR determines the species for which a list of varieties is established; it lays down the conditions for registration and withdrawal.

² It regulates the procedure for the examination of varieties and registration in the list and the right of access to documents.

³ The Office has the power to issue lists of varieties.

¹ Material of a genetically modified variety may be put into circulation only if the variety is allowed. ²

² When a genetically modified variety is used for selection, the varieties that descend are also considered to be genetically modified, unless it is shown that they no longer contain the genetic modification.

³ A variety already in the variety catalogue, but which has subsequently been genetically modified, must be re-approved.

⁴ Material of genetically modified plants which is not put into circulation as a variety must also be subject to authorisation. ³

¹ Applications for approval of genetically modified varieties must be filed with the Office.

² The application package must meet the requirements of this order as well as the requirements of s. 28 of the order of 10 September 2008 on the release into the environment (ODE) ² . ³

^2bis For the release 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 Nagoya Ordinance of December 11, 2015 ⁴ Are reserved. ⁵

³ The Office shall direct and coordinate the approval procedure in accordance with the ODE. It shall carry out the field tests necessary, where appropriate, for the granting of the authorisation only if they fulfil the requirements of the ODE. ⁶

⁴ The Office grants the marketing authorisation only if:

A.

The requirements of this order and the ODE are met;

B.

Where appropriate, the marketing of this variety as a food or feed for animals has been authorised by the competent authorities.

⁵ If the conditions set out in Art. 148 A LAgr has been completed, the Office may refuse to grant an authorisation, attach any charges or conditions, or withdraw the authorisation of a genetically modified variety already in commerce. ⁷

¹ The material is produced and circulated as:

A.

Pre-base; and

B.

Basic material;

C.

Certified equipment;

D.

Commercial equipment;

E.

Standard equipment;

F.

CAC material (Conformitas Agragria Communitatis).

² Pre-base equipment, basic equipment and certified equipment are broadly certified equipment (s.l.).

³ DEFR may, for some species, limit production and release to certain categories.

⁴ It may authorize the use of synonyms for the pre-base equipment of certain species.

⁵ It lays down the specific requirements to be met by the different categories.

¹ Only can be certified (s.l.):

A.

Pre-base equipment, basic equipment and certified equipment;

B.

The material of a variety registered in a variety catalogue or in a list of varieties or material of an experimental variety;

C.

Material derived directly from superior equipment in accordance with the specific rules of filiation of the species;

D. ¹

Material from the multiplication force that meets the production requirements;

E. ²

Equipment that meets the requirements for the characteristics applicable to its class.

^1bis The DEFR may provide for the certification of the material of varieties admitted or admitted into 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 list is equivalent to the provisions of this order and the provisions thereof. ³

² It lays down the specific rules of filiation and the requirements to be met by multiplying numbers and consignments of equipment. ⁴

³ It rules the procedure for certifying batches of material.

¹ Every person who intends to produce certified equipment (s.l.) shall require an approval within the meaning of s. 160, para. 2, LAgr.

² Can produce certified equipment (s.l.) anyone who has staff and equipment to ensure a satisfactory quality of work at all stages of production.

³ The DEFR sets out the requirements to be met by the production companies and regulates the authorisation procedure.

⁴ It lays down the conditions governing the production of mixtures.

¹ DEFR may set specific requirements for the production of commercial equipment, standard equipment or CAC material or for mixtures and batches of material in these categories.

² It may refer companies producing certain species to approval and fix the requirements to be met by the production plots. It rules the procedure.

¹ A material may be put into circulation when:

A. ¹

The requirements for its different species and categories are met;

B.

It meets the requirements of plant protection legislation;

C. ²

Its variety is included in a variety catalogue, if a catalogue is established for the species or in the list of varieties, if such a list is established for the species.

^1bis The DEFR may provide for the entry into circulation of the material of varieties admitted or admitted into 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 list are equivalent to the provisions of this order and the provisions thereof. ³

² The DEFR may provide for exceptions, for the conservation and use of plant genetic resources for food and agriculture, for experimental varieties, for research or for certain uses of minor importance.

³ In the case of general temporary supply difficulties, the Office may authorize the release of emergency supplies which do not fully comply with the requirements.

⁴ Equipment may be put into circulation only if it is packaged and labelled in accordance with the requirements set out in s. 17.

⁵ DEFR sets out the rules applicable during the period during which the material of a variety may be put into circulation after the expiry of the duration of its registration in the catalogue.

⁶ For the release of propagating plant material whose development is based on the use of genetic resources or traditional knowledge associated with them, the provisions of the Nagoya Ordinance of 11 December 2015 ⁴ Are reserved. ⁵

¹ Any person placing non-genetically modified material shall take all possible measures to prevent the presence of impurities consisting of genetically modified organisms. Any person who imports such material and sells it to third parties must have an adequate quality assurance system for this purpose. The Office must, at its request, be able to examine all measures taken in the field of quality assurance.

² Any person who wishes to release authorized genetically modified material shall take all the measures provided for in para. 1 to prevent the presence of impurities from unauthorized genetically modified organisms.

³ A lot of equipment containing less than 0.5 % of material from a genetically modified variety that is not permitted and whose compatibility with the environment has been identified by the ODE ² Or by an equivalent foreign procedure carried out under comparable conditions may be put into circulation without authorisation, in accordance with Art. 9 A , if: ³

A. ⁴

Genetically modified organisms are permitted under s. 22 of the Ordinance of 23 November 2005 on foodstuffs and common objects ⁵ Where the variety in question is intended for the manufacture of foodstuffs, additives or processing aids within the meaning of that order or of products used to manufacture them, or

B.

Genetically modified organisms are included in the list of GMO feedingstuffs provided for in Art. 6, para. 1, of the order of 26 May 1999 on feed ⁶ Where the variety in question is intended for the manufacture of raw materials or simple foods within the meaning of that order, or

C.

The variety in question is intended solely for the manufacture of renewable raw material or is used only in producing horticulture.

⁴ In agreement with the Federal Office for the Environment (OFEV) and the Federal Office of Public Health, the Office publishes a list of genetically modified organisms which meet the requirements set out in para. 3. ⁷

⁵ Where, for a given species, the minimum standard of varietal purity is greater than 99.5 %, the tolerance shall be lowered accordingly.

⁶ The Office may define the analytical methods for controlling the percentage of genetically modified material.

⁷ If there is reason to believe that a genetically modified organism within the meaning of s. 3 presents a risk to the environment and, therefore, to the human being, the Office, after approval by the OFEV, cancels the valid tolerance for that organism.

¹ Material produced outside Canada may be imported when: ²

A.

The requirements of the country of origin relating to the production and placing in circulation shall be recognised as equivalent to those laid down in this order and the provisions thereof;

B. ³

The variety is registered in the variety catalogue or in the list of varieties;

C. ⁴

Art. 14, para. 2, applies.

² The Office maintains a list of countries whose requirements under para. 1, let. A, are recognized as equivalent.

³ The DEFR may provide for the importation of the material of varieties admitted or admitted into 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 list is equivalent to the provisions of this order and the provisions thereof. ⁵

⁴ Where the requirements of the country of origin do not meet the requirements of para. 1, let. A, DEFR may subject to authorization the import of certain categories of equipment. The Office shall authorize the importation of the material if it meets the requirements of this order and the provisions thereof.

The DEFR may submit to the authorisation companies which put in place material of particular importance.

¹ Certified equipment (s.l.) has an official label when it is put into circulation. The indications on the label are indelible and written in an official language.

² DEFR may require that uncertified equipment (s.l.) be accompanied by an official tag or supplier document when it is put into circulation.

³ Any chemical or other treatment of the equipment must be mentioned on the official label, on a label of the supplier or on the packaging, in accordance with the requirements of the order of 23 June 1999 on plant protection products ¹ . ²

⁴ Packaging labels containing emergency supplies shall indicate that the equipment is subject to reduced requirements.

^4bis Labels for packages containing genetically modified material must contain the words "X genetically modified". The marking may be waived on packages of material containing, regardless of the will of the manufacturer or importer, traces of genetically modified organisms authorized or approved under s. 14 A , para. 3, if the percentage does not exceed 0.5 %. ³

⁵ Packaging of certified equipment (s.l.) is designed so that the closure system or official label is damaged when the package is opened.

⁶ The DEFR may lay down additional labelling, packaging and closure requirements. It may provide for exceptions relating to the packaging and closure of certain species.

When a variety is removed from the variety catalogue under s. 8, let. D or e or that the authorisation 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 the consequences Serious.

Producers and undertakings producing, packaging or circulating equipment are required to declare, at the request of the Office, the quantities put into circulation, in particular where the material originates from varieties Genetically modified.

DEFR may establish an opposition procedure against the decisions of the first instance in relation to the controls provided for in this order and the provisions thereof.

¹ The DEFR enacts the provisions of this order. It takes into account the relevant requirements and standards of international organizations.

² It can assign control tasks to the cantonal police authorities.

¹ The Office shall be responsible for the execution of this order and the provisions thereof.

² It may involve customs officers and cantonal enforcement authorities in the monitoring tasks.

³ It may appoint technical committees composed of representatives of interested circles who advise it in the performance of this order and the provisions thereof.

⁴ It may collect, collect or request samples and analyse or analyse them at the expense of companies that have certified, produced or put into circulation equipment.

⁵ It may entrust independent monitoring organisations with the performance of certain tasks incumbent upon it. Control organisations may receive fair fees to cover their costs.

This order shall enter into force on 1 ^Er January 1999.