Rs 946.513.8 Order Of 19 May 2010 Adjusting The Marketing Of Products Made According To Foreign Technical Regulations And Monitoring Of The Market Of These (Order On The Market Of Products Made According To The Regulations

Original Language Title: RS 946.513.8 Ordonnance du 19 mai 2010 réglant la mise sur le marché de produits fabriqués selon des prescriptions techniques étrangères et la surveillance du marché de ceux-ci (Ordonnance sur la mise sur le marché de produits fabriqués selon des prescrip

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946.513.8 order regulating the putting on the market of products made according to foreign technical regulations and surveillance of the Swiss market these (order on the market of products made according to foreign prescriptions, OPPEtr) from May 19, 2010 (State 16 November 2015) the federal Council, view the art. 16, art. 2, let. e, and 31, al. 1, of the Federal Act of 6 October 1995 on technical barriers to trade (THG), stop: Section 1 purpose art. 1. this order is intended to address: a. exceptions according to art. 16, art. 2, let. e, THG to the principle set in art. 16, art. 1: THG; (b) the marketing of foodstuffs produced in accordance with foreign technical regulations; c. the surveillance of products placed on the market in accordance with foreign technical regulations.

Exceptions according to art. 16, art. 2, let. e, THG to the principle referred to in art. 16, art. 1, THG are listed in art. 2 section 2 Exceptions to the principle set in art. 16, art. 1, THG art. 2 list of exceptions under art. 16, art. 2, let. e, THG Font exception to the principle set in art. 16, art. 1, THG: a. the following products that are treated with chemicals or which contain: 1 paints and varnishes containing the lead and the products treated with these paints and varnishes (annex 2.8 of the O of 18 May 2005 on the reduction of the risks associated with chemicals, Chemrrv), 2. paints and varnishes, sealants, textiles, plastics and rubbers containing of chlorinated paraffins to prohibited short strings according to Appendix 1.2 ORRChem, 3. substances and dangerous preparations which the label makes no mention of the manufacturer in accordance with art. 10, al. 3, let. a, of the order of 5 June 2015 on chemicals (chemo), as well as the substances and preparations referred to in art. 19 chemo which the safety data sheet is not in conformity with Annex 2, ch. 3.2, chemo, 4. the substances stable in air as well as preparations and products containing such substances which do not meet the requirements in annexes 1.5, 2.3, 2.9, 2.10, 2.11 and 2.12 ORRChem, 5. wood and wood materials that do not meet the requirements in annexes 2.4, ch. 1, and 2.17 ORRChem, 6. laundry and cleaning products containing phosphates or hardly degradable components (complexing agents) referred to in appendices 2.1, no. 2, al. 1, let. a to d, and 2.2, no. 2, al. 1, let. a and b, ORRChem;

(b) the following foodstuffs: 1. sweet alcoholic drinks whose label does not mention of alcohol in accordance with art content. 3, al. 2, of the order of the DFI of 23 November 2005 on alcoholic beverages, 2. the distilled beverages for consumption that the label does not mention, as provided in art. 46 of the order of 12 May 1999 on alcohol, the name of the Swiss producer or importer, 3. tobacco products and products containing tobacco substitutes whose retail packaging indicates not, as provided in art. 16, al. 1, let. a and b, of the Federal law of 21 March 1969 on the tobacco tax, in relation to art. 31 of the Ordinance of October 14, 2009 on the tobacco tax, the price of retail trade in Swiss francs, or the name or number of setbacks of the manufacturer in Switzerland or the importer, 4. tobacco products and products containing tobacco substitutes to be smoked whose packaging does not include illustrations complementing the caveats, as provided in art. 12, al. 5, order of 27 October 2004 on tobacco, in relation to the order of the DFI of 10 December 2007 on the warnings combined on tobacco, 5. … 6 eggs in the shell, the fried eggs, cooked eggs and cooked eggs ecales (contents in gastronomic preparations) farmed in batteries not allowed in Switzerland, which do not have a statement according to the art. 2, 4 and 5 of the agricultural order of 26 November 2003 on the declaration (OAgrD), 7. foods that don't match a statement involuntary mixtures with substances allergens in accordance with art. 8, al. 3, OEDAl, 8. food bearing the indication "product without recourse to genetic engineering" which do not meet the requirements set out in art. 7, al. 8 and 9, of the order of the DFI of 23 November 2005 on genetically modified food, 9. food made according to procedures subject to authorization under art. 20, al. 1, the order of 23 November 2005 on food and everyday objects, as well as foodstuffs, additives and processing aids that are GMOS, containing such organizations or who are from, and which are subject to authorization under art. 22 of the Ordinance, 10. extra foods and food supplements respectively to the senses of the art. 20 and 22 of the order of the DFI of 23 November 2005 on the special foods that do not conform to the requirements of the Ordinance, 11. meat, meat preparations and products of meat from domestic rabbits high according to a mode of livestock not allowed in Switzerland and who do not have a statement in accordance with the art. 2, 3 and 5 OAgrD;

c. the following other products: 1. textiles that do not meet the flammability and combustibility of textile products requirements in art. 16 to 20 of the order of the DFI of 23 November 2005 on articles intended to come into contact with the human body, 2. railway infrastructure and railway vehicles not comply with relevant Swiss security technical requirements as they are provided by: - Federal Act of 20 December 1957 on the railways - the order of 23 November 1983 on the railways - the enforcement provisions of May 22, 2006, of the Railways Ordinance 6 review-the law of June 24, 1902 on electrical installations - the order of 5 December 1994 on electrical installations of Railways railway - the enforcement provisions of the legislative acts referred to in the present number, 3. the following devices, up to 350 kW of heat output, insofar as they do not meet the requirements set out in annex 4 of the Ordinance of December 16, 1985 on the protection of air (OPair), are not covered by technical standards harmonised according to art. 12 of the Federal law of March 21, 2014, on construction products (LPCo) and are not being a technical assessment based on a European assessment document within the meaning of art. 13 LPCo:-gas-fired burners forced air for "super-light" oil or gas-boilers equipped with burners forced air for "super-light" oil or gas-boilers and furnaces to traffic fitted with air to oil burners or gas-flow water heaters, from a power of 35 kW, or tanks, gas-powered water heaters with a capacity superior to 30 liters - wood or coal combustion plants; the last two conditions of the introductory sentence will not apply to these facilities, insofar as the Member States of the European economic area may enact national regulations for emissions and divergent of Regulation (EU) 2015/1185, 4 performance. works subject to the law of June 20, 1933, on the control of precious metals which are not in line with the requirements for securities and designation, marking and material composition listed in art. 1 to 3 and 5 to 21 of this Act, 5. the following devices that do not meet the technical requirements laid down in art. 7, 10 and 11 and appendices 2.1, 2.2, 2.5 to 2.7, 2.9 and 3.9 of the Ordinance of 7 December 1998 on energy: - water heaters, hot water heaters and accumulators of heat - refrigerators and freezers powered by sector and combinations of such devices - the dryer drum powered by the industry - floor-washers domestic combined-powered the sector - machines ovens powered by the industry - the complex set-top boxes powered by sector (set-top-box). domestic coffee machines supplied by the sector.


6. the wood and wooden products subject to the order of June 4, 2010, on the statement on the wood and wooden products that do not meet requirements for declaration set out in art. 2 to 4 of the said order, 7. construction machines referred to in art. 19A of the OPair, if they do not meet the requirements set out in annex 4, c. 3, OPair, 8. the fur trade and the pelt products subject to the provisions of the order of 7 December 2012 on the return of fur and the pelt products that do not respect the art. 3 to 7 of that order, 9. electricity meter other than meter active energy, for which the federal Department of justice and police has enacted requirements according to art. 33 of the order of 15 February 2006 on measuring instruments, notably meters for reactive energy measurement, the measurement of the power or the establishment of the load curve, 10. pellets and briquettes of wood in its natural state insofar as they do not meet the requirements in the sense of annex 5, c. 32 OPair.

SR 814.81 new content according to section 9 of Schedule 6 to the O on 5 June 2015 on chemicals, in effect since July 1. 2015 (2015 1903 RO).
SR 813.11 RS RS RS RS RS RS 817.064 817.06 641.311 641.31 680.11 817.022.110 repealed by no I of O from 16 nov. with effect from Jan. 1, 2011. 2012 (2011 5821 RO).
RS 916.51 RS 817.022.51 RS 817.02 RS RS RS RS RS RS 734.0 742.141.11 742.141.1 742.101 817.023.41 817.022.104 [RO 1995 1024, 1997 1008 annex c 5 1016. Annex 5, 1998 54 annex c. 6, 2000 741 art. 10 ch. 1 762 ch. II 5, 2009 6243 annex 3 ch. 6] RO 2011 6233 annex 2 c. I] new content according to section III of the October 14 O. 2015, in effect since Nov. 16. 2015 (2015 4171 RO).
RS 814.318.142.1 RS 933.0 Regulation (EU) 2015/1185 of the Commission on April 24, 2015, which implements directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for decentralized solid fuel heating devices. New content according to JO L 193 of 21.7.2015, p. 1.
RS 941.31 new content according to chapter III of the O on June 25, 2014, in effect since August 1, 2014 (RO 2014 2193).
RS 730.01 introduced by art. 10 o of June 4, 2010, on the statement on wood and wooden, in effect since Oct. 1 products. 2010 (2010 2873 RO).
RS 944.021 introduced by the ch. I-4 of the O of 29 June 2011 on adaptations of O in the field of the environment, in effect since August 1, 2011 (RO 2011 3379).
RS 814.318.142.1 introduced by art. 13 o Dec. 7. 2012 on the declaration of the fur trade, in effect since March 1, 2013 (RO 2013 579).
RS 944.022 introduced by chapter I of O on August 26, 2015, in effect since Oct. 1. 2015 (2015 3121 RO).
RS 941.210 introduced by section III of the O on October 14. 2015, in effect since Nov. 16. 2015 (2015 4171 RO).

Art. 3 verification of the exceptions listed in art. 2. the exceptions listed in art. 2 are checked: a. the competent Department for Swiss technical prescription relevant, when the European Union (EU) lays down new requirements harmonized in the areas referred to in art. 2 or to change ones place; b. by the federal Council, every five years, on a proposal from the federal Department of the economy, training and research (DAVIS).

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). This mod has been taken throughout the text.

Section 3 food food art. 4 application for leave can apply for authorization under art. 16 c THG: a. Swiss or foreign persons who trade in foodstuffs to which art. 16, art. 1, THG is applicable; b. the foreign producers of foodstuffs to which art. 16, art. 1, THG is applicable; c. the food producers in Switzerland who intend to the Swiss market a food product intended for export in the EU or the European economic area (EEA); d. the food producers in Switzerland producing only for the market home.

The request contains: a. name and address of the applicant and an address of notification in Switzerland; (b) a sample of packaging with its original label or a reproduction thereof in form printed or electronic; c. details of the composition and critical of the food specifications; d. details of the provisions of Swiss law which are not met; (e) proof that the foodstuff is compliant technical EU regulations and When EU law is not harmonised or not is subject to incomplete harmonisation, proof that it is in conformity with the requirements of an EU or EEA Member State; f. documents or explanations establishing credibly that the foodstuff is legally on the market of the country to the requirements of which it is made reference; the applicant, according to para. 1, let. d, must establish credibly that the corresponding food product is legally on the market of the country to the requirements to which reference is made.

Is deemed to be evidence within the meaning of para. 2, let. e, a statement of the author of the application under which the foodstuff is compliant critical technical regulations under art. 16, art. 1, let. a, THG; the corresponding legislative acts and their official references should be indicated.
The application must be written in an official language of the Confederation. The data and documents can be written in English and sent electronically rather than on paper. The federal Office of food safety and Veterinary Affairs (FSVO) may require that the critical technical requirements be translated in one of the official languages of the Confederation or in English.

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. 5 verification of the claim the FSVO verifies that the application is complete.
He acknowledges the request without delay and in writing, and granted an extension of reasonable time necessary to complete the record. The period referred to in art. 16 d, al. 4, THG is suspended until the file is complete.
If the necessary information is not provided within the specified time, the FSVO is not material on demand.

Art. 6 the FSVO product information check the sample of packaging with its label conforms to the information requirements on the product provided for in art. 16th THG.
When the information on the product meets the requirements provided for in para. 1, the FSVO may require the modification of the information on the product, including specific denomination, that if, otherwise, the food would endanger the safety or health of persons.
Are reserved: a. provisions for the highlighting of the origin of the Swiss under the law of 28 August 1992 on the protection of marks; (b) the provisions concerning the protection of appellations of origin and indications of agricultural products and agricultural products transformed the order of 28 May 1997 on the PDO and the PGI.

SR 232.11 RS 910.12 art. 7 General decisions the decisions of general application referred to in art. 16 d, al. 2, THG are published in the Federal Gazette.
The entry into force of the decisions is indicated in the Federal Gazette.
The FSVO shall immediately inform the cantonal executive bodies and the Secretariat of State for the economy (SECO) of a decision of general application and entry in force.
The rejection of an application shall be in the form of an individual decision; SECO is informed.
In addition, the authorisation procedure is governed by the Federal Act of 20 December 1968 on administrative procedure.

RS 172.021 art. 8 content of decisions of general decisions of general application referred to in art. 16 d, al. 2, THG contain: a. a description of the food; (b) the mention of foreign legislative acts to which satisfied the food and their official references; (c) the indication of the Member of the EU or EEA State in which the food is legally on the market; (d) a mention prescribing that the Swiss provisions relating to the protection of workers and the protection of animals must be respected if the food is manufactured in Switzerland.

The description of the food should be as generic as possible. This may differ from the specific denomination that Swiss law uses to designate the corresponding food.

Art. 9 effects of the decision of scope General the General ruling applies to similar food items: a. from EU or EEA Member State, if these commodities:

1 correspond to the description of the food contained in the decision of general application, 2. meet the technical requirements, which are the subject of the General ruling, et3. are legally on the market of the EU or EEA Member State to which the requirements refer;

b. from Switzerland, if these commodities: 1 correspond to the description of the food contained in the decision of general scope, 2 meet technical regulations which are subject to the decision of general application; ET3. are manufactured in compliance with the Swiss provisions relating to the protection of workers and the protection of animals.

Art. 10 changes to the technical requirements if the technical requirements for a food is changed, it must meet the new requirements.
If the technical requirements, subject to a decision of general application on food are modified in such a way so that public interests referred to in art. 4, al. 4, let. a to e, THG are threatened, the FSVO revokes the decision of general application.

Art. 10aAutorisations excluded for certain agricultural products no authorization under art. 16 c THG is issued to the following producers in Switzerland for agricultural products: a. agricultural products and foods that are designated in accordance with the order of May 25, 2011 on the names 'mountain' and 'Alpine'; b. wine subject to the order of the DFI of 23 November 2005 on beverages alcoholics; c. products and foodstuffs designated pursuant to the order of 22 September 1997 on organic farming.

Introduced by section I of O from 16 nov. 2011, in force since Jan. 1. 2012 (2011 5821 RO).
RS 910.19 RS 817.022.110 RS 910.18 art. 11 fee the FSVO collects a flat fee of CHF 500 for the processing of an application for authorization.

Section 4 monitoring the market art. 12 presentation of the necessary information the Executive Body gives the person responsible for the placing on the market a reasonable period allowing it to provide the evidence, information and samples referred to in art. 19, al. 1, THG.
Is deemed to be evidence in the sense of art. 20, al. 1, let. a, THG a declaration of the person responsible for the placing on the market according to which the product conforms to the critical technical requirements referred to in art. 16, art. 1, let. a, THG; the corresponding legislative acts and their official references should be indicated. If a declaration of conformity or a certificate of compliance is required under these regulations, it must be presented.
The executing agency may require that the critical technical requirements be translated in one of the official languages of the Confederation or in English.

Art. 13 form and conduct measures against products put on the market in Switzerland by virtue of art. 16, art. 1, THG are taken in the form of a decision of general application pursuant to art. 19, al. 7 and 20, al. 5, THG. If a measure is only a few copies or a series of a product, it can be taken in the form of an individual decision.
If a product is placed on the market on the basis of an international treaty, the market surveillance is done in accordance with this Treaty and, in the alternative, to the decisive internal measures for the product concerned.
If a product is put on the market on the basis of Swiss technical requirements, market surveillance is based on these requirements. For foodstuffs that the placing on the market has not been authorized by a general ruling, the market surveillance is exercised according to the legislation on foodstuffs.

Art. 14 measures of the cantonal executive bodies the cantonal enforcement agency means the person responsible for the placing on the market before asking the competent federal authority to make a general ruling.
The Federal Authority shall decide within two months on the measures requested by the cantonal enforcement organ.
If serious suspicions suggests that a serious and immediate danger threatening a public interest within the meaning of art. 4, al. 4, let. a to e, THG, the cantonal enforcement organs take interim measures. They shall inform without delay the competent federal authority.
The interim measures taken by a cantonal executive body shall apply until the day the decision of the competent federal authority is made, but a maximum of two months.
Before pronouncing a challenge, the cantonal food control body asks the FSVO: a. on the interpretation to be given to the decisions of general application referred to in art. 16 d, al. 2, THG; ETB. on the similar character of a foodstuff as defined in art. 9 art. 15 publication of the measures if the competent federal authority adopts measures provided for in art. 20 THG in the form of a decision of general application pursuant to art. 19, al. 7, THG, the decision is published in the Federal Gazette.
The entry into force of the General ruling is published in the Federal Gazette.
The competent federal authority shall immediately inform the cantonal enforcement agency concerned, as well as the SECO and the Commission of competition, a decision of general application and its entry into force.

Section 5 provisions final art. 16 update of the lists referred to in art. 31, al. 2, THG federal authorities responsible for the preparation, adoption or modification of technical requirements report to SECO news related: a. products to be approved; b. substances subject to notification under the legislation on product chemical; c. to products that require a prior import authorization; d. products hit an import ban.

SECO maintains the list referred to in art. 31, al. 2, let. a, THG.
The FSVO maintains the list referred to in art. 31, al. 2, let. b, THG.

Art. 17 adaptation of art. 2. the EAER adapted art. 2 of this order to changes in orders to which reference is made.

Art. 18 amendment of the law in force the change in the law in force is set in the annex.

Art. 19 transitional provisions of health claims on foods placed on the market pursuant to art. 16, art. 1, THG are governed by the requirements of the legislation on foodstuffs until December 31, 2010.
The duration of the al. 1 has been extended until December 31, 2011.
The duration of the al. 1 has been extended until December 31, 2012.
The period of validity of the al. 1 has been extended until December 31, 2013.
The period of validity of the al. 1 has been extended until December 31, 2015.
Until June 30, 2011, the requirements for the energy efficiency of the standard electric motors powered by between 0.75 kW and 375 kW rated power sector are those set in art. 7, 10 and 11 as well as Appendix 2.10 of the Ordinance of 7 December 1998 on energy.

Introduced by section III of the O of 13 October. 2010, in effect since Nov. 1. 2010 (2010 4611 RO).
Introduced by section I of O from 16 nov. 2011, in force since Jan. 1. 2012 (2011 5821 RO).
Introduced by section II of the O from 30 nov. in force since Jan. 1, 2012. 2013 (2012 6809 RO).
Introduced by section III of the O from 23 oct. in force since Jan. 1, 2013. 2014 (2013 3669 RO).
RS 730.01 art. 20 entry into force this order comes into force on July 1, 2010, subject to para. 2. art. 2, let. b, c. 11, comes into force on January 1, 2012.

Annex (art. 18) amendment of the law in force.

Mod. can be found at the RO 2010 2631.

State 16 November 2015

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