Rs 910.19 Order Of May 25, 2011 On The Use Of The Names 'mountain' And 'mountain' For Agricultural Products And Foodstuffs Resulting (Order On The Names 'mountain' And 'alpine', Odma)

Original Language Title: RS 910.19 Ordonnance du 25 mai 2011 sur l’utilisation des dénominations «montagne» et «alpage» pour les produits agricoles et les denrées alimentaires qui en sont issues (Ordonnance sur les dénominations «montagne» et «alpage», ODMA)

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910.19 order on the use of the names 'mountain' and 'mountain' for agricultural products and foodstuffs that are exits (order on the names 'mountain' and 'Alpine', ODMA) may 25, 2011 (Status January 1, 2014) the Swiss federal Council, view the art. 14, al. 1, let. c, and 177, al. 1, of the law of 29 April 1998 on agriculture, stop: Section 1 provisions general art. 1 scope of application this order applies to the use of the names 'mountain' and 'mountain' for agricultural products produced in Switzerland and foodstuffs resulting.

Art. 2 use of the names 'mountain' and 'Alpine' denominations 'mountain' and 'Alpine' cannot be used for the labelling of the products, in commercial documents and advertising only if the requirements of this order are met.
The al. 1 also applies to translations of the names 'mountain' and 'pasture' and derived names.

Art. 3 use of the name "Alps" the name "Alps" can be used even if she does not meet the requirements of the order, provided that it relates clearly to the Alps as a geographical massif.
It can however be used for milk and milk products referred to in art. 4, al. 1, let. a, of the order of 23 November 2005 on foodstuffs and customary objects (LGV) and for meat and meat products referred to in art. 4, al. 1, let. b, LGV than if the requirements for the use of the names 'mountain' or 'mountain' are respected.

RS 817.02 Section 2 requirements that must meet the products art. 4 origin of the agricultural products the name 'mountain' can be used only when the agricultural product comes from the Summering area referred to in art. 1, al. 2, of the Ordinance of 7 December 1998 on agricultural areas or of a region of mountain referred to in art. 1, al. 3, of the Ordinance of 7 December 1998 on agricultural areas.
The name "mountain pasture" can be used only when the agricultural product comes from the region of Summering.

RS 912.1 art. 5 foods for animals 'mountain' name cannot be used for products of animal origin when 70% at least of the ration of ruminants, reported to the dry matter, come from the region of Summering or a mountain region.
The "Alpine" name cannot be used for products from animals that when requirements for pet food referred to in art. 31 of the Ordinance of October 23, 2013, on direct payments.

RS 910.13 new content according to section 12 of Schedule 9 to the O from 23 oct. 2013 on direct payments, in force since Jan. 1. 2014 (2013 4145 RO).

Art. 6 guard of animals for slaughter the name 'mountain' cannot be used for meat, meat products and meat preparations only when: a. animals have passed at least two thirds of their life in the Summering area or in the mountain region, etb. the slaughter took place within a period of two months after they have left the Summering area or the mountain region.

The "Alpine" name cannot be used for meat, meat products and meat preparations that when animals have summered for a period consistent with the uses of the region, in the calendar year of their slaughter.

Art. 7 ingredients of agricultural origin in food the 'mountain' name cannot be used for food when the ingredients of agricultural origin satisfy all the requirements of art. 4, al. 1. the name "Alpine" cannot be used for food when the ingredients of agricultural origin satisfy all the requirements of art. 4, al. 2. ingredients of agricultural origin not originating in the region of the mountain region or Summering can be used when the operation is able to prove to the certification body that no from ingredients of agricultural origin corresponding region Summering or the mountain region is available.
The part of the ingredients referred to in para. 3 may not exceed 10% by weight of all the ingredients of agricultural origin. Sugar is not taken into account.
A product bearing the designation 'mountain' or 'mountain' may not contain an ingredient of agricultural origin from the region of Summering or the mountain region, but not from this region mixed with the ingredient of agricultural origin is identical.

Art. 8 place of production 'mountain' name cannot be used for food where the production takes place in the Summering area or in a town all or part of the territory is located in the mountain region or in the region of Summering.
The name "Alpine" cannot be used for food where the production takes place in the Summering area.
The names 'mountain' and 'Alpine' can also be used when the following processing steps take place outside respectively the region referred to in para. 1 and referred to in para region. 2: a. for milk: milk processing raw milk ready for consumption; b. for the cream: the transformation of cream raw cream ready for consumption; c. for cheese: refining; d. for animals: slaughter and cutting.

For foods whose ingredients of agricultural origin satisfy the requirements of art. 7, but which were produced outside the regions respectively referred to in para. 1 and para. 2, the designation 'mountain' or 'mountain' can only be used in connection with one of the ingredients of agricultural origin referred to in the specific name of the food.
The al. 4 does not apply to the cheese in the sense of food law.

Section 3 label art. 9 it is necessary to indicate in the list of ingredients of agricultural origin which come from the region of the mountain region or Summering.
The name or code number of the certification body that is responsible for the operation, making the Prepackaging or labelling, should be indicated.
The federal Department of the economy, training and research can define official signs within the meaning of art. 14, al. 4, of the Act of 29 April 1998 on agriculture for the labelling of products which meet the provisions of this order. The use of these signs is optional.

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).

Section 4 Certification and control art. 10 certification agricultural products and foodstuffs that emerged with the name "mountain" or "Alp" must be certified throughout the production, the intermediate trade and manufacturing, including labelling and the pre-package.
Are not subject to mandatory certification: a. products at the level of primary production that are neither prepackaged nor labeled; b. agricultural exploitation and foodstuffs which are in operation or in the operation of Summering, delivered directly to consumers.

Art. 11 certification bodies in accordance with the order of June 17, 1996 on accreditation and designation, certification bodies must, for the activities in this order: a. be accredited in Switzerland; b. be recognized by Switzerland under an international agreement, ouc. be empowered or recognized in another way under Swiss law.

SR 946.512 art. 12 control on farms that produce products referred to in this order, the control of compliance with the requirements of this order must be done at least once every two years by a certification body that is designated by the company or an inspection service mandated by the certification body.
In the Summering farms that produce products referred to in this order, control of compliance with the requirements of this order must be done at least once all four years by a certification body designated by operation or an inspection service mandated by the certification body. Summering farms can regroup from the organizational point of view.
The certification body to ensure that compliance with the requirements of this order is controlled at least once all four years in operations referred to in art. 10, al. 2, let. a, and every twelve years in the farms of Summering.
As part of the certification of an operation, the control of compliance with the requirements of this order must be made throughout the value-added chain through additional controls based on risk.
To the extent possible, the controls referred to in paras. 1 to 3 need to be harmonized with the public and private controls.
The certification body notifies the offences to the competent cantonal authorities and the federal Office for agriculture (FOAG).

Art. 13 obligations of farms


The operations referred to in art. 12, al. 1 to 3, shall: a. document the flow of goods; b. establish a list of farms that supply products under this order; c. take all necessary measures to identify lots of goods and to avoid any confusion with products which have been obtained in accordance with this order; (d) for the purposes of control, allow the certification body to access all local operating put at its disposal the necessary documents and give him any useful information.

Section 5 provisions final art. 14 execution the cantonal food control bodies perform this order according to the legislation on foodstuffs.
They report to the FOAG and certification bodies the infringements.
The FOAG monitor certification bodies, unless monitoring is guaranteed as part of accreditation. It may issue instructions.

Art. 15 repeal of the law in force the order of 8 November 2006 on the designations "mountain" and "Alpine" is repealed.

[RO 2006 4833, 2008 5835]

Art. 16 transitional provisions products including the name 'mountain' or 'mountain' can be labeled according to the order of 8 November 2006 on the designations "mountain" and "Alpine" until December 31, 2013.
Stocks of goods labelled according to para. 1, existing on January 1, 2014, may be submitted until December 31, 2014.
Brands including the name 'mountain' or 'mountain' that have been registered in good faith prior to January 1, 1999 may be used for products not satisfying the requirements of this order.
Brands including the name 'mountain' or 'mountain' that were recorded between 1 January 1999 and 31 December 2006 can be used until December 31, 2013 for products not satisfying the requirements of this order.
The name "Alps" can be used according to the law in force for the products referred to in art. 3, al. 2, until December 31, 2013.
Brands including the name "Alps" and those who have been registered in good faith before January 1, 2011 can be used for products referred to in para. 2 does not meet the requirements of this order.
Brands including the name "Alps" which were recorded between 1 January 2011 and 31 December 2011 can be used until December 31, 2013, for products referred to in art. 3, al. 2, not satisfactory not to the requirements of this Ordinance.

[RO 2006 4833, 2008 5835]

Art. 17 entry into force this order comes into force January 1, 2012.

RO 2011 2375 RS 910.1 State on January 1, 2014

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