Sr 946.51 Federal Act Of 6 October 1995 On Technical Barriers To Trade (Thg)

Original Language Title: RS 946.51 Loi fédérale du 6 octobre 1995 sur les entraves techniques au commerce (LETC)

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946.51 federal law on technical barriers to trade (THG) October 6, 1995 (status July 1, 2010) the Federal Assembly of the Swiss Confederation, given the responsibility of the Confederation in foreign policy, view the art. 31, al. 1 and 2, and 64 of the constitution, in application of the agreement of 21 June 2001 amending the Convention of January 4, 1960 instituting the European Association of free trade (EFTA) and its annex H, in implementation of the agreement of 22 July 1972 between European, the economic community and the Swiss Confederation pursuant to the WTO agreement of 15 April 1994 relating to technical barriers to trade given the message of the federal Council on 15 February 1995, stop: Chapter 1 purpose, scope and definitions article 1 purpose and object this Act establishes uniform rules applicable in the areas where the Confederation is competent to legislate, to prevent the creation of technical barriers to trade, to eliminate or reduce them.
In particular, it sets out: a. principles governing the development, adoption and the change of technical regulations; b. skills and tasks of the federal Council; (b) the provisions governing the marketing of products manufactured in accordance with foreign technical regulations; c. rights and duties of General of the persons concerned and the provisions of general application.

Introduced by chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).

Art. 2 scope of application this Act applies to all areas in which the Federal Government enacts technical requirements.
It is applicable unless other federal laws or international treaties contain provisions going beyond this Act or are diverging. The market of products manufactured in accordance with foreign technical regulations is governed by this Act.
The art. 3 and 19 apply insofar as it is not derogated from by other provisions of federal law.

New content according to chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).

Art. 3 definitions for the purposes of this Act, means: a. technical barriers to trade: barriers to international trade in products that result: 1. of the divergence of prescriptions or technical standards, 2 of the divergent application of such provisions or such standards, or 3. of non-recognition of tests, assessments of conformity, records or approvals;

b. technical requirements: rules of law setting requirements whose realization is a condition of supply, the market of commissioning, use or disposal of a product and who wear including: 1. the composition, characteristics, packaging, labelling or the sign of conformity of the products, 2 production, transport or storage of the products 3. the tests, the conformity assessment, registration, approval or the procedure for obtaining the sign of compliance;

c. technical standards: rules, guidelines or characteristics without binding established by standards bodies and which relate to production, composition, characteristics, packaging or labelling of a product, testing or conformity assessment; d. the market: the delivery of a product, for consideration or free whether the product is new, used, refurbished or deeply modified. are equivalent to a bet on the market: 1. use own a product for commercial or professional, 2. the use of a product as part of a service delivery, 3. the making available to third parties of a product, 4. the provision of a product;

e. commissioning: the first use of a product by the end user; f. test: the operation that is to determine certain characteristics of a product according to a specified mode; g. compliance: the fact that a given product meets requirements or technical standards; h. conformity assessment: systematic review to determine to what extent a product or production conditions transport or storage meet the requirements or technical standards; i. certificate of compliance: the document prepared by a conformity assessment body and which attests to this; k. declaration of conformity: the document prepared by the person responsible for the compliance and which attests to this; l. sign compliance: the symbol or the designation, established or recognized by the State , which demonstrates the conformity of the product; Mr. record: the filing, with the competent authority, of the necessary documentation for the offer, the placing on the market, commissioning or use of a product; n. approval: approval of offering, putting on the market, put into service or use of a product for the purpose or conditions specified; o. Accreditation: the formal recognition of the competence of a body to perform tests or assessments of compliance; p. market surveillance: the acts of authority of enforcement agencies to ensure that the products offered, put on the market or put into service conform to the technical requirements; q. product information: indications and markings prescribed by law that relate to a product including labels, the inscriptions on the packaging, instructions, operating instructions, manuals and safety data sheets.

New content according to chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).
New content according to chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).
Introduced by chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).

Chapter 2 Adoption of technical regulations art. 4 development of technical requirements in general technical requirements are formulated so as not to create technical barriers to trade.
To this end, they are designed to be compatible with those of the Switzerland's main trading partners. In this context, it is made sure that the technical requirements: a. be if possible simple and transparent; ETB. require administrative and enforcement charges as low as possible.

It cannot be derogated from the principle of the al. 1 as to the following conditions: a. the overriding public interests require it; b. the derogation is neither a means of arbitrary discrimination nor a disguised restriction on trade; (c) the principle of proportionality is respected.

Are interests within the meaning of para. 3, let. a: a. the protection of morality, order and safety public; (b) the protection of life and health of human beings, animals and plants; (c) the protection of the natural environment; d. safety workplace protection; (e) the protection of consumers and loyalty in the transactions business; f. the protection of the national cultural heritage; g. the protection of property.

The technical requirements on requirements for products are developed according to the following principles: a. technical regulations establish that essential requirements; They specify in particular goals; b. the competent office shall appoint, in agreement with the State Secretariat for Economic Affairs (SECO), technical standards to implement the essential requirements. to the extent possible, it refers to international standards harmonized; the reference of technical standards are published in the Federal Gazette with their title and their reference; c. a product made in accordance with the designated standards is presumed to meet the essential requirements.

The registration of a product cannot be made mandatory only if it is essential for the safeguarding of overriding public interests mentioned in para. 4. new content according to chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).
Introduced by chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).
Introduced by chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).

Art. 4aElaboration of the technical requirements for product information technical information on the product requirements are developed according to the following principles: a. the product information must be written in at least one official language of the Switzerland. the use of symbols is allowed if it ensures sufficient information; b. the drafting in more than one official language of the Switzerland or at least in the language or languages of the place where the product is placed on the market may be required to the warnings and precautions for use, including instructions that affect the safety of the people.

The information on the product can, in some cases, be written in another language on an exceptional basis, if the information is sufficient and cannot mislead.
The mention of headquarters or a responsible person's home may be required for the following imported products:

a. products to be approved; (b) the substances subject to notification and the substances or preparations subject to the obligation to communicate under chemicals legislation; c. the products subject to a special consumption tax.

Introduced by chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).

Art. 5 development of the technical prescriptions for the procedural aspects of the placing on the market of the product has less than art. 4 not compellingly exception is: a. as a general rule, several types of conformity assessment procedures should be offered; at least one of them must allow the person who manufactured or put on the market the product to assess itself compliance; b. tests and evaluations of compliance by third parties, insofar as they constitute a condition of supply, the market of commissioning, use or disposal of products generally face of private law.

When for specified products, different tests, conformity assessment, records or certifications are required or that several authorities are competent, the coordination procedures and skills must be ensured.
Simplified procedures, particularly with regard to expertise, and reduced fees shall be provided for the products subject to certification which have already been approved overseas under equivalent requirements.

New content according to chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).
Introduced by chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).

Art. 5aElaboration of technical requirements to installation, commissioning and use technical requirements to installation, commissioning, and the use of a product should not contain requirements contrary to those of its placing on the market or require to modify the structure.

Introduced by chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).

Art. International 6Transmission of information and consultation are provided in international agreements: a. projects technical requirements and requirements for services, for information and consultation; b. the texts of the provisions referred to in the let. a which have been adopted.

New content according to chapter I of the Federal Act of 14 Dec. 2001, in force since June 1, 2002 (RO 2002 883; FF 2001 4729).

Chapter 3: skills and tasks of the Board federal Section 1 test, conformity assessment, registration, approval, signs of compliance art. 7 procedures the federal Council is competent to lay down the procedures of tests, evaluation of conformity, registration and approval.

Art. 8 organizations the federal Council is competent to stop the requirements to be met by the bodies that carry out tests, the assessment of conformity, registration or approval.

Art. 9 signs of compliance, the federal Council is competent to set signs attesting to compliance and procedures are related.
It is competent to adopt provisions to protect these signs against the risk of confusion and misuse.

Section 2 certification art. 10 taking into account requirements agreed at the international level, the federal Council establishes a Swiss system of accreditation of organizations who conduct tests or assessments of the conformity of the products, or that carry similar activities with respect to people, services or procedures.
In particular: a. designates the authority to grant certification; b. it sets the conditions of accreditation and the procedure; c. stop the legal status of accredited organizations and the legal effects of their activity.

In preparation for the development of guidelines and recommendations to ensure the coordination of execution in the field of accreditation and assessment of compliance at the international level, the federal Council or the authority by him designated may: a. decide that the Switzerland participates, through a financial contribution or other mandates given to international organisations accreditation and organizations co-operating with them; b. load the authority to grant accreditation to defend the interests of Swiss to the breast international accreditation organizations.

Introduced by chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).

Section 3 normalization art. 11. If requirements refer to technical standards or that such a reference is provided, the federal Council or the authority by him designated may, in preparation for the development of these standards: a. decide that Switzerland participates, through a financial contribution or other assignments given to international standards or to organizations involved in the standards development process; (b) load bodies of standardization of the Swiss bodies interests Directors of international standards organizations and provide compensation as such.

New content according to chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).
New content according to chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).

Section 4 technical requirements of a State foreign art. 12. when a foreign State requires for products to import a certificate from the exporting State confirming that the technical requirements of the importing State are met, the federal Council may adjust the establishment of this certificate.

Section 5 Center information art. 13. the federal Council appeals to the creation and operation of a national centre for information on requirements and technical standards.
It can load private organizations the creation and operation of this centre and provide compensation as such.

Section 6 agreements international art. 14 conclusion in order to prevent the creation of technical barriers to the trade, the federal Council may conclude with international agreements including on: a. the recognition of tests, evaluation of conformity, registration and certification; b. recognition tests, assessments, compliance, records and approvals; c. the recognition of signs of compliance; d. recognition of accreditation systems and some accredited organizations; e. the granting of mandates to organizations for accreditation or standardization international According to the art. 10, al. 3, let a, and 11, let. a; f. information and consultation for which is the development, adoption, amendment and enforcement of regulations or technical standards.

The federal Council may also conclude international agreements on information and consultation relating to the development, adoption, modification and enforcement requirements or standards for the services.
The al. 1, let. f, and 2 apply also to the prescriptions of the cantons.

New content according to chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).
New content according to chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).
New content according to chapter I of the Federal Act of 14 Dec. 2001, in force since June 1, 2002 (RO 2002 883; FF 2001 4729).
Introduced by chapter I of the Federal Act of 14 Dec. 2001, in force since June 1, 2002 (RO 2002 883; FF 2001 4729).

Art. 15 ipree the federal Council shall adopt the provisions necessary for the performance of international agreements in the areas referred to in art. 14. it can delegate to private organizations in activities relating to information and consultation in terms of development, adoption and changing regulations or technical standards, as well as requirements or standards for the services and provide compensation as such.

New content according to chapter I of the Federal Act of 14 Dec. 2001, in force since June 1, 2002 (RO 2002 883; FF 2001 4729).

Section 7 fees art. 16. the bodies responsible for tasks under this Act or under other provisions in the field of technical regulations can collect fees.
The federal Council shall adopt the provisions on fees. ….

Sentence repealed by chapter I of the Federal Act of June 12, 2009, with effect from July 1. 2010 (2010 2617 RO; FF 2008 6643).

Chapter 3aMise on the market of products manufactured in accordance with foreign technical regulations Section 1 provisions general art. 16A principle products can be placed on the market under the following conditions: a. they meet the technical requirements of the European Community (EC) and, when the right of CE is not aligned or not investigated to incomplete harmonisation, to the technical requirements of a Member State of the EC or the space (EEA); (b) they are legally on the market of the Member State of CE or EEA referred to the let. a. are excepted:

a. the products subject to approval; b. substances subject to notification under the legislation on products chemical; c. products that require a prior import authorization; d. products hit a ban to import; e. the products for which the federal Council shall take an exception under art. 4, al. 3 and 4.

If the EC or a Member State of the EC or EEA obstructing the market of products Swiss meets the technical requirements of the country of destination, the federal Council may order that para. 1 does not apply to products or certain products of this trading partner.

Art. 16b flanking measures to prevent discrimination of Swiss Swiss producers producers who produce only for the domestic market can put their products on the market in accordance with the technical requirements referred to in art. 16, art. 1, let. a. Section 2 food food art. 16 c authorisation system placing on the market of foods that meet the conditions provided for in art. 16, art. 1, and which do not meet the technical requirements of the Swiss is subject to approval of the federal Office of food safety and Veterinary Affairs (FSVO).

The name of the administrative unit has been adapted to 1 Jan. 2014 in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1). This mod has been taken throughout the text.

Art. 16 d Licensing Conditions and form of authorization the authorization is granted on the following conditions: a. the applicant: 1. evidence that the food meets the technical requirements referred to in art. 16, art. 1, let. a, 2. establish credibly that the foodstuff is legally on the market of a Member State of the EC or EEA;

b. None of the predominant public interests referred to in art. 4, al. 4, let. a to e, is threatened.

Permission is granted in the form of a decision of a general scope and also applies to similar foodstuffs.
The applicant must designate an address for service in Switzerland.
The FSVO makes its decision within a period of two months from the filing of the application.

Section 3 Information on product art. 16 information on the products placed on the market in accordance with this chapter is governed by: a. the technical requirements for their manufacturing; (b) the obligation under the law of 9 October 1992 on foodstuffs to indicate the country of production of food and materials first; c. art. 4. in derogation of art. 4, art. 1, let. b, warnings and precautions for use, including instructions that affect the safety of the people can only be written in the language or languages of the place where the product is placed on the market.
Information on the product and its presentation should not give the impression that the product meets the technical requirements of the Swiss.

RS 817.0 Chapter 4 rights and duties of the persons concerned Section 1 evidence of compliance art. Principle 17, if proof of compliance is required, it must be made by the person who offers, puts on the market or puts into service the product.
Who offers, puts on the market or puts into service a product is however provided to establish compliance, if: a. proof can be provided by one who has put the product on the market previously, when the product was put into circulation several times without changes; b. one who puts a product manufactured in series on the market establishes the identity of the series and is entitled to assume that the same series products have already been legally placed on the market; c. an importer can establish credibly that the products on the market are identical to products which are already legally on the market and comes from the same producer.

The evidence must be written in an official language of the Switzerland or in English.

Introduced by chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).
Introduced by chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).

Art. 18 evidence of testing and assessment of compliance if a trial or evaluation by third parties is required, the test report or certificate of compliance has probative value when it comes from an organization that is for the domain in question: a. accredited in Switzerland; (b) recognized by the Switzerland under an international agreement; OUC. ability or another title recognized by the Swiss law.

The test report or certificate of conformity established by a foreign agency which is not recognized under para. 1 has probative value if it can be made likely: a. that the tests or conformity assessment procedures which have been applied to meet Swiss requirements. ETB. the foreign agency have qualifications equivalent to those required in Switzerland.

The federal Office of Foreign Economic Affairs may, in agreement with the competent federal office, order that the test reports or certificates of compliance do not have probative value in the sense of para. 2 when Swiss organizations qualified, their test reports or their conformity certificates are not recognized in the State of the foreign agency. It takes into account, in its decision, the Swiss economic interests, particularly with regard to foreign trade.

Currently: State Secretariat for Economic Affairs (SECO), art. 5 o of 14 June 1999 on the organisation of the federal Department of the economy (RS 172.216.1; see RO 2000 187, art. 16).

Section 2Surveillance of the art market 19 powers of enforcement agencies enforcement agencies charged by law to the supervision of the market can require evidence and information necessary, take or demand samples, make tests and, during the usual working hours, enter the premises or the business premises of persons subject to the obligation to provide information, inspect and consult the relevant documents.
Enforcement agencies may take interim measures if serious suspicions suggests that a serious and immediate danger an overriding public interest within the meaning of art. 4, al. 4, let. a to e.
When the protection of overriding public interest within the meaning of art. 4, al. 4, let. a to e, so requires, the enforcement bodies are empowered to take appropriate measures in the following cases: a. the evidence, information or samples required are not provided within a reasonable time; (b) a product does not meet the technical requirements.

Enforcement agencies may include: a. prohibit that a product continues to be placed on the market; (b) prescribe that risks related to a product are the object of a custody or order, and if necessary implement, its recall or withdrawal, c. ban the export of a product whose setting on the market has been banned under the Let's. a; d. seize, destroy or make it unusable to a product which presents a serious and immediate danger.

Enforcement agencies cannot order measures that require subsequently to change the structure of a product legally placed on the market.
Enforcement agencies inform the population of the danger of a product when the person responsible for the placing on the market does not effective measures in good time. They make available to the public the information they have about the risks associated with this product and the measures taken.
If the protection of overriding public interest within the meaning of art. 4, al. 4, let. a to e, so requires, the measures provided for in para. 4 are taken in the form of a general ruling. They are published after their entry into force.
The Federal Act of 20 December 1968 on administrative procedure is applicable.

RS 172.021 art. 19 has Obligation to collaborate and to inform any person responsible for placing on the market of a product and, where appropriate, other persons concerned are required to collaborate to the extent necessary to the execution of this Act. They notably provide for free all the required information to the bodies of execution as well as the evidence and the necessary documents.

Art. 20 monitoring of products manufactured in accordance with technical requirements foreign to the purpose of the monitoring of a product placed on the market pursuant to art. 16, art. 1, the person must: a. provide evidence that the product meets the technical requirements referred to in art. 16, art. 1, let. a; b. establish credibly that it is legally on the market of the Member State of the EC or EEA country concerned.

A for the purpose of market surveillance, the person who places a product on the market pursuant to art. 16b must demonstrate under para. 1, let. a. the competent enforcement agency is authorized to take the measures provided for in art. 19, al. 1 and 2. It may require that foreign regulations mentioned as well as the eventual statement or statement of compliance be submitted in one of the official languages of the Switzerland or in English.

If the control indicates that the evidence required in paras. 1 or 2 are not made or that the product presents a risk for overriding public interests within the meaning of art. 4, al. 4, let. a to e, the review body takes measures pursuant to art. 19. when a cantonal executive body has verified a product, he can ask the federal enforcement agency to make a decision of general application pursuant to art. 19, al. 7. If the control provided for in para. 3 door on a food and the protection of the population requires revocation of a granted permission, the cantonal enforcement agency request to the FSVO.

Art. 20A remedies of law are governed by the General provisions of the Federal procedure.
Decisions of the enforcement bodies may be appealed before the federal administrative court.
The competition Commission can appeal against the decisions of general scope provided for in art. 19, al. 7, and 20.

Art. 20B the executive bodies Data Protection are entitled to process personal data, including information on prosecutions and administrative and criminal sanctions. They are subject to the provisions relating to the collection of personal data under art. 18 of the Federal Act of 19 June 1992 on data protection.
Enforcement agencies may keep these data in electronic form and Exchange where required by a uniform implementation of this Act.

RS 235.1 Section 3 Assistance administrative art. Administrative 21Assistance in Switzerland the Federal and cantonal authorities competent to transmit the information and documents necessary for enforcement of this Act or the application of technical requirements.

New content according to chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).

Art. 22 international administrative assistance authority to apply technical requirements or to monitor the application can request information and documents to the authorities and foreign or international institutions competent in the matter.
It can spread to foreign or international institutions or authorities responsible for enforcing technical requirements of information and documents that are not public access, if it is established: a. that the requesting foreign authority is bound by secrecy; (b) it will use information received only in administrative proceedings on the application of technical requirements and that it will forward them to third parties; (c) that only the information necessary for the application of regulations techniques will be transmitted; d. the secrets and business will be preserved, unless the transmission of this information is necessary to avoid that the life and health of humans, animals and plants are endangered.

The provisions on mutual assistance in criminal matters are reserved.

New content according to chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).
New content according to chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).
New content according to chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).

Chapter 5 provisions criminal art. 23Faux is punished with a custodial sentence of more than three years or a monetary penalty anyone, to deceive others in business relations: a. forged or falsified certificates of accreditation, testing, conformity assessment or approval or abuse, to do this, the signature or name of the qualified organization; b. counterfeit or falsified the report or the expertise of a person or a body to determine if bodies conducting tests assessments of compliance or approval meet the requirements for certification; c. abuse of the signature or the brand of one or such a body to establish a false expertise or a false report; d. counterfeit or falsified the report or the expertise of a person or a body to pronounce on crucial for supply the placing on the market or the commissioning of products; e. abuse of the signature or mark of such person or such a body to establish a false report or false expertise.

New content according to art. 333 CC, in the content of the Federal Act of 13 Dec. 2002, in force since Jan. 1. 2007 (2006 3459 RO; FF 1999 1787).

Art. False 24Constatation is punished with a custodial sentence of more than three years or a monetary penalty anyone, to deceive others in business relations: a. certifies, as a body of an accreditation body, an inaccurate report on the respect of the conditions of accreditation; (b) certify, as a body of tests, assessment of compliance or approval, an inaccurate report on compliance with the terms of the offer the placing on the market or the commissioning of products; c. a report inaccurate content while it is responsible to decide on elements constituting a condition of accreditation, certification of compliance or approval.

New content according to art. 333 CC, in the content of the Federal Act of 13 Dec. 2002, in force since Jan. 1. 2007 (2006 3459 RO; FF 1999 1787).

Art. Fraudulent 25Obtention of a false finding is punished with a custodial sentence of more than three years or a monetary penalty anyone who: a. mislead the body of an accreditation body, led him to falsely see the accreditation or mislead a person or a body to pronounce on the elements constituting the conditions for accreditation, leads him to establish expertise or an inaccurate report; b. mislead a body of a body of tests evaluation of compliance or approval, leads him to establish a report, certificate, or an inaccurate attestation of conformity of a product or mislead a person or a body to pronounce on the elements conditioning these certificates, leads him to establish expertise or an inaccurate report.

New content according to art. 333 CC, in the content of the Federal Act of 13 Dec. 2002, in force since Jan. 1. 2007 (2006 3459 RO; FF 1999 1787).

Art. 26Utilisation of false or inaccurate certificates will be punished with imprisonment of three years at the most or a monetary penalty anyone, to deceive others in business relationships: a. uses or let use testimonials, accreditation, testing, compliance or false or inaccurate registration made by a third party; b. fraudulently submitted a certificate of accreditation, testing, compliance and certification in any way other than those provided for in the Let's. has and the art. 23 to 25.

New content according to art. 333 CC, in the content of the Federal Act of 13 Dec. 2002, in force since Jan. 1. 2007 (2006 3459 RO; FF 1999 1787).

Art. Foreign 27Titres the art. 23 to 26 and 28 also apply to foreign securities.

New content according to chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).

Art. 28Etablissement unauthorized unauthorized signs of compliance declarations of conformity, affixing and use will be punished with a custodial sentence of more than three years or a monetary penalty anyone, to deceive others in legal relations: a. establish statements of compliance for products not conform to the technical requirements, or puts on the market of such products with a declaration of compliance; b. affixes the sign of compliance on products not responding to the technical requirements, or put on the market products bearing such a sign; c. establish statements of compliance with foreign technical requirements for a product not in conformity to the technical requirements of the State in question.

New content according to art. 333 CC, in the content of the Federal Act of 13 Dec. 2002, in force since Jan. 1. 2007 (2006 3459 RO; FF 1999 1787).
Introduced by chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).

Art. 28aAbsence of the application under art. 16 c is punished with a custodial sentence of a year or a monetary penalty any person intentionally: a. without having received authorization under art. 16 c puts on the market of foodstuffs which do not meet the technical requirements of the Swiss; b. does not respect the conditions and charges attached to the authorisation provided for in art. 16 c; c. fraudulently obtains an authorization under art. 16 c by false data difficult to verify by the competent authority.

Introduced by chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).

Art. 29Avantages heritage acquired from illicit economic benefits resulting from wrongful acts provided for the art. 23 to 28 can be confiscated in accordance with the art. 69 and following of the penal code.

New content according to art. 334 CC, in the content of the Federal Act of 13 Dec. 2002, in force since Jan. 1. 2007 (2006 3459 RO; FF 1999 1787).
RS 311.0 art. 30 prosecution prosecution is the responsibility of the cantons.

Chapter 6 final provisions


Art. 31Dispositions of execution the federal Council stop the enforcement provisions.
Federal authorities keep a list: a. the product categories and products that do not have access to the Swiss market in the sense of the art. 16, art. 2, and 20, b. the General decisions made according to art. 16 d, al. 2, and entries in force.

New content according to chapter I of the Federal Act of June 12, 2009, in force since July 1. 2010 (2010 2617 RO; FF 2008 6643).

Art. 32 referendum and entry into force the present law is subject to optional referendum.
The federal Council shall determine the date of entry into force.

Appendix Modification of the law in force...

Mod. can be found at the RO 1996 1725.

State on January 1, 2014

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