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RS 916.51 Order of 26 November 2003 on the declaration of agricultural products resulting from prohibited modes of production in Switzerland (Agricultural Ordinance on Declaration, OAgrD)

Original Language Title: RS 916.51 Ordonnance du 26 novembre 2003 relative à la déclaration de produits agricoles issus de modes de production interdits en Suisse (Ordonnance agricole sur la déclaration, OAgrD)

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916.51

Ordinance on the declaration of agricultural products derived from prohibited modes of production in Switzerland

(Farm Ordinance on Reporting, OAgrD)

November 26, 2003 (State 1 Er July 2015)

The Swiss Federal Council,

Having regard to art. 18, para. 1, and 177 of the Agriculture Act of 29 April 1998 (LAgr) 1 ,

Stops:

Section 1 Scope of application

Art. 1 1

1 This order applies to the following imported products:

A.
Meat from animals of equine, bovine, ovine, caprine and porcine species (except wild boar), domestic rabbits, poultry fens (with the exception of laying hens) and game birds with onglons;
B.
Meat preparations and meat products, provided that the share of meat is at least 20 % of the mass;
C.
Household chicken eggs ( Gallus gallus domesticus);
D.
Preparations based on domestic chicken eggs ( Gallus gallus domesticus) (egg preparations).

2 It does not apply to cooked, raw or cooked meat products.

3 Meat means all edible parts of the body of animals belonging to the species listed in para. 1, let. A.

4 The defining definitions of the Federal Department of the Interior (DFI) in the field of foodstuffs of animal origin apply to meat preparations and meat products.

5 The defining definition of the DFI in the field of foodstuffs of animal origin applies to eggs.

6 Egg preparations include eggs in the dish, cooked eggs, and whole cooked eggs that are cooked (in food preparations). .


1 New content according to the c. I of the O of 20 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 1827 ).

Section 2 Declaration

Art. 2 1 Mandatory declaration

1 Anyone who provides consumers with the products referred to in s. 1, para. 1, from a prohibited mode of production in Switzerland, is required to declare them at the time of surrender, in accordance with Art. 3 to 5.

2 The obligation to report under para. 1 also applies when products are delivered to community facilities such as cafeteria restaurants, hospitals or community catering facilities.

3 The obligation to report referred to in paras. 1 and 2 does not apply if it is proved that the products are not derived from a prohibited mode of production in Switzerland.

4 Are prohibited in Switzerland:

A.
Meat production using the following performance enhancers:
1.
Hormonal and non-hormonal substances covered by Annex 4, let. B, of the order of 18 August 2004 on veterinary medicinal products 2 , or
2.
Non-hormonal substances under s. 160, para. 8, LAgr.
B.
The production of domestic rabbit meat and egg production where the following animal husbandry requirements are not met:
1.
For the raising of domestic rabbits: art. 7, 10, para. 1, 64 and 65 of the order of 23 April 2008 on the protection of animals 3 ,
2.
For domestic chicken farming: Annex 1, Table 9, of the order of 23 April 2008 on the protection of animals.

5 In order to establish proof that a product is not a product of a prohibited mode of production in Switzerland (proof of the equivalence of the prohibitions on the mode of production), reference must be made to the requirements laid down in Art. 6 or 8.


1 New content according to the c. I of the O of 20 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 1827 ).
2 RS 812.212.27
3 RS 455.1

Art. 3 1 Declaration of meat, meat preparations and meat products

1 Meat and meat preparations and meat products should bear the following statement: "may have been produced with hormonal performance enhancers" and " may have been produced with Non-hormonal performance enhancers, such as antibiotics." Where applicable, both references are used.

2 Meat and meat preparations and meat products of domestic rabbits must be marked "Issu d' un mode d' élevage non admissible en Suisse".


1 New content according to the c. I of the O of 20 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 1827 ).

Art. 4 1 Reporting Egg and Egg Preparations

Eggs and egg preparations should be marked "Battery Elevation not allowed in Switzerland".


1 New content according to the c. I of the O of 20 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 1827 ).

Art. 5 1 Form of declaration

1 The declaration must comply with the provisions of Art. 26 to 28 of the Ordinance of 23 November 2005 on foodstuffs and common objects 2 .

2 It must appear on each package or label of prepackaged products. For non-packaged products, a written statement must be included where these products are presented.

3 In establishments such as cafeteria restaurants, hospitals or catering establishments, it must be done in writing. In the event of a temporary supply difficulty and subite, the substitute product may be informed orally.


1 New content according to the c. I of the O of 20 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 1827 ).
2 RS 817.02

Section 3 Proof of the equivalence of the prohibitions on the mode of production

Art. 6 1 Proof of the equivalence of the legal prohibitions on the mode of production

1 Evidence that a product is not derived from a prohibited mode of production in Switzerland is provided if:

A.
The flow of goods by lot in accordance with the relevant provisions of the DFI for the labelling and advertising of foodstuffs is traceable; and
B.
The product originates in a country in which it exists, in accordance with the list of countries referred to in s. 7, a legal prohibition equivalent to the mode of production of the corresponding raw material.

2 Instead of the evidence referred to in para. 1, let. B, it is possible to prove that a product was not obtained using the performance enhancers referred to in s. 2, para. 4, let. A, c. 1, by producing a veterinary health certificate recognised by the European Union (EU). This certificate will be attached to the product at the time of importation. The requirements for the certificate shall be governed by the relevant EU legislative act to which reference is made in the provisions of the DFI in the field of import and transit controls of animals and animal products; Version of the EU legislative act referred to in these requirements being decisive.


1 New content according to the c. I of the O of 20 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 1827 ).

Art. 7 List of countries

1 The Federal Office for Agriculture (OFAG) lists countries where the legal prohibitions on production methods are equivalent to the prohibition of modes of production referred to in s. 2, para. 4, and have a monitoring program. 1

2 A country is included on this list at its request. The application must be accompanied by all necessary documentation.

3 The list of countries mentions the country, the animal category, the legal basis and the type of prohibition of production methods.

4 THE OFAG 2 Audits each year if countries still meet the conditions for inclusion on the list. If this is not the case, it will radiate them.


1 New content according to the c. I of the O of 20 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 1827 ).
2 New expression according to c. I of the O of 20 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 1827 ). This mod has been taken into account. Throughout the text.

Art. 7 A 1

1 Introduced by Annex 2 of the O of 27 August 2008 concerning the import and transit of animal products by air from third countries ( RO 2008 4173 ). Repealed by c. I of the O of 20 May 2015, with effect from 1 Er Jul. 2015 (RO 2015 1827).

Art. 8 Proof of the equivalence of prohibitions on mode of production, on the basis of production guidelines

1 Proof of the equivalency of the mode of production prohibitions is provided if: 1

A. 2
The importer has an enforceable decision under s. 9, para. 3, which recognises equivalence with regard to the prohibition concerned in a mode of production;
B.
Any goods imported are accompanied by the certification issued by the certification body; and
C. 3
The flow of goods by lot in accordance with the determining requirements of the DFI for the labelling and advertising of foodstuffs is traceable.

2 The certification of the certification body shall include, in particular, the name of the production, processing and marketing undertakings and confirm that the production ban recognised as equivalent by the OFAG is respected.


1 New content according to the c. I of the O of 20 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 1827 ).
2 New content according to the c. I of the O of 14 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6441 ).
3 New content according to the c. I of the O of 20 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 1827 ).

Art. 1 Recognition of production guidelines

1 The OFAG recognizes production guidelines under private law as equivalent to the prohibitions on modes of production referred to in s. 2, para. 4, let. A, c. 2 and let. B, if:

A.
The production guidelines contain prohibitions of modes of production equivalent to those referred to in s. 2, para. 4, let. A, c. 2, and let. B;
B.
Compliance with production directives is guaranteed by the certification scheme of a certification body at the production level;
C.
A certification body controls the separation of commodity flows at the processing and marketing levels; and
D.
A declaration of equivalency is issued by a certification body; and the report referred to in s. 13, para. 3, forms the basis for the declaration of equivalence.

2 The request for recognition of the production instructions must be submitted to the OFAG by the importer using the form provided for that purpose.

3 The OFAG notifies the importer of the outcome of the review by decision.

4 The production directive shall be recognized for one year, subject to reconsideration or revocation, provided that the period of validity of the declaration of equivalence referred to in para. 1, let. D, which is attached to the application for at least nine months at the time of filing the application. Otherwise, the duration of the recognition in respect of the production directive shall be limited to the period of validity of the declaration of equivalence provided.

5 If the importer files a new application no later than four weeks before the expiry of the decision, the OFAG will make its decision before the due date.


1 New content according to the c. I of the O of 20 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 1827 ).

Art. 10 1 Publishing

1 The OFAG periodically publishes the designation of production guidelines under private law which are recognized as equivalent to the prohibition of a mode of production.

2 It indicates to which products these production guidelines apply. In particular, it indicates the importer, the country of production of the raw material and the production company.

3 It is free to choose the form of publication.


1 New content according to the c. I of the O of 20 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 1827 ).

Art. 11 1 Certification Bodies

Certification bodies must:

A.
Be accredited for their activity under the order of 17 June 1996 on accreditation and designation 2 ;
B.
Have an organisation settled as well as a certification and control procedure (standard control procedure), which lays down in particular the criteria which companies subject to the control of a certification body must observe as Charges and a plan of measures applicable if irregularities are found;
C.
Have the necessary qualifications, equipment and infrastructure to carry out the monitoring and certification activities in accordance with this order;
D.
Have a sufficient number of staff with adequate knowledge of animal production and modes of production prohibited in Switzerland referred to in Art. 2, para. 4;
E.
Ensure that their employees have the necessary qualification, training and experience in the field of animal production in general and the requirements of this order in particular;
F.
Be independent and free from any conflict of interest from the point of view of the monitoring and certification activity referred to in this order;
G.
Have adequate regulations on the independence and rotation of auditors; and
H.
Ensure that serious irregularities are immediately reported to the OFAG in their entirety.

1 New content according to the c. I of the O of 20 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 1827 ).
2 RS 946.512

Art. 12 1 Foreign Certification Bodies

1 After consulting the Swiss Accreditation Service, the OFAG recognizes foreign certifying bodies that are able to prove that they have a qualification equivalent to that required by Switzerland.

2 In particular, certification bodies must prove:

A.
They meet the requirements of s. 11;
B.
They meet the obligations set out in s. 13;
C.
They know the relevant Swiss legislation.

3 Art. 18, para. 3, of the Federal Act of 6 October 1995 on Technical Barriers to Trade 2 Is reserved.

4 The OFAG may grant recognition for a limited period of time and subordinate it to expenses. In particular, it may impose on the certification body the following charges:

A.
Use the data and information gathered from the controls only for control purposes and comply with the Swiss data protection regulations;
B.
Pre-discuss with the OFAG any proposed changes to the facts relevant to the recognition;
C.
To contract appropriate liability insurance or to provide adequate reserves.

5 The OFAG may cancel the recognition if the conditions and charges are not met.


1 New content according to the c. I of the O of 20 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 1827 ).
2 RS 946.51

Art. 13 1 Controls

1 ° Certification bodies carry out a check at least once a year and by company. They shall examine whether the undertakings subject to the certification scheme fully comply with the requirements of this order.

2 ° In addition to annual monitoring, certification bodies carry out survey checks without prior notice in at least 10 % of the companies.

3 ° Each control referred to in paras. 1 and 2 shall be the subject of a full report to the OFAG, which must be countersigned by the person in charge of the controlled undertaking.


1 New content according to the c. I of the O of 20 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 1827 ).

Section 4 Final provisions

Art. 14 Executing

The execution of this order, in accordance with the legislation on foodstuffs, shall be the responsibility of the cantonal authorities responsible for the control of foodstuffs, insofar as it is not entrusted to the OFAG.

Art. 15 Repeal of the law in force

The order of 3 November 1999 on the declaration of agricultural products resulting from prohibited modes of production in Switzerland 1 Is repealed.


Art. 16 1 Transitional provision relating to the amendment of 20 May 2015

Remission of products that are imported before 1 Er January 2016 may be subject to the reporting requirements of the former right.


1 New content according to the c. I of the O of 20 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 1827 ).

Art. 17 Entry into force

This order shall enter into force on 1 Er January 2004.



RO 2003 4957



State 1 Er July 2015