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RS 916.020 Order of 23 November 2005 on primary production (OPPr)

Original Language Title: RS 916.020 Ordonnance du 23 novembre 2005 sur la production primaire (OPPr)

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916.020

Primary Production Order

(OPPr)

On 23 November 2005 (State 1 Er January 2014)

The Swiss Federal Council,

Having regard to art. 15, para. 3, and 37 of the Food Act of 9 October 1992 1 , given art. 159 A , 177 and 181, para. 3, of the Act of 29 April 1998 on Agriculture 2 ,

Stops:

Art. 1 Scope of application

1 This order applies to holdings engaged in primary production.

2 It also applies to:

A.
Storage of primary products at the production site;
B.
The treatment, at the place of production, of primary products intended for marketing, provided that the treatment does not have the effect of substantially altering the nature of the products;
C.
The processing of primary products intended for use as feedingstuffs in the operation which produced them;
D.
The carriage of primary products to the first purchaser.

3 ... 1


1 Repealed by c. II of the O du 29 oct. 2008, with effect from 1 Er Jan 2009 ( RO 2008 5169 ).

Art. 2 Definitions

In this order, the following means:

A.
Primary production Production, rearing and cultivation of primary products, including harvesting, processing and production of livestock before slaughter.
B.
Primary products : plants, animals and products derived from primary production of plant or animal origin intended for human consumption or animal consumption.
Art. 3 Registration

1 Farms active in primary production must notify their activity to the competent cantonal service, provided that they are not already registered, pursuant to the Ordinance of 23 October 2013 on information systems in the Agricultural field 1 The competent cantonal services shall transmit the notification to the Federal Office of Agriculture. 2

2 The compulsory notification referred to in para. 1 is not applicable to operations:

A.
That exclusively sell their primary products to consumers directly or through local retail outlets; or
B. 3
Who are not entitled to direct payments under s. 5 of the order of 23 October 2013 on direct payments 4 And must not be registered under s. 7 or 18 A The order of 27 June 1995 on epizootic diseases 5 .

3 The Federal Office for Agriculture maintains a register of announced farms. It lays down guidelines for the cantons on how to collect data.


1 RS 919.117.71
2 New content according to Art. 30 ch. 1 of the O of 23 Oct. 2013, in effect since 1 Er Jan 2014 ( RO 2013 4009 ).
3 New content according to the c. 9 of Annex 9 to the O of 23 Oct. 2013 on direct payments, in force since 1 Er Jan 2014 ( RO 2013 4145 ).
4 RS 910.13
5 RS 916.401

Art. 4 Obligations of farms

1 Operations in primary production must make every effort to ensure the safety of food and feed.

2 They are responsible for the safety of primary products.

3 They ensure that:

A.
Staff are not suffering from acute illness, transmitted by food;
B.
Staff be informed about health measures;
C.
Contamination by animals, parasites, waste, air, water and soil, as well as residues of chemicals and food packaging for animals are avoided;
D.
Primary products are produced, stored, processed and transported in such a way that their hygienic quality and cleanliness are not altered;
E.
The results of analyses carried out on samples of plant, animal or other material and of any significance for human or animal health shall be taken into account;
F.
When new animals arrive in a herd, safety measures are taken against contamination by diseases.

4 The Federal Department of Economics, Training and Research (DEFR) 1 Establishes requirements for:

A.
Production of primary products;
B.
Traceability.

5 It may require that farms maintain a record of their production.


1 The designation of the administrative unit has been adapted to 1 Er Jan 2013 under Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ). This mod has been taken into account. Throughout the text.

Art. 5 Traceability

1 Operations in primary production must at all times be able to inform, by means of written documents, the control bodies on the recipients of their primary products and on the suppliers of the means of Production used. DEFR refers to these means of production.

2 Traceability is not required for direct deliveries to consumers or to local retail outlets.

3 The documents referred to in para. 1 as well as reports on animal and primary product reviews and analyses must be maintained for three years.

Art. 6 Measures in case of danger to human health

Any person who finds or has reason to admit that he has disposed of primary products endanging or endanging human health must:

A.
Take immediate action to remove the products in question from the market;
B.
Inform the implementing authorities immediately;
C.
Cooperate with the competent authorities in order to remove the danger posed by these products to human health as quickly as possible.
Art. 7 Controls

1 The cantons shall monitor whether the provisions of this order are complied with.

2 They shall ensure that the primary production controls carried out under this Ordinance are incorporated into the controls carried out under the laws on agriculture, epizootic diseases and therapeutic products.

3 They may associate with the carrying out of inspections any body accredited in accordance with the European standard ISO/IEC 17020 "General criteria for the operation of different types of inspection bodies" 1 Or any other standard more relevant for the purposes of the delegated tasks in question and presenting the guarantees of competence and independence; the monitoring activities of the associated body shall be supervised by survey.

4 The cantons shall organise audits or inspections of these bodies. If an audit or inspection indicates that these bodies are not performing properly the tasks delegated to them, the delegation may be withdrawn. If necessary, the delegation shall be withdrawn without delay if the supervisory body does not take appropriate corrective measures in good time.


1 The text of this standard can be obtained from the Swiss Standards Association, Bürglistrasse 29, 8400 Winterthur (www.snv.ch).

Art. 8 1 Requirements to be met by controls

1 The frequency and coordination of controls are governed by the ordinance of 23 October 2013 on the coordination of controls on farms 2 . 3

1bis The competent cantonal authorities shall ensure that the control data are entered or transferred to the centralised information system referred to in Art. 165 D Of the Act of 29 April 1998 on agriculture. 4

2 Controllers must be independent of the operations they control. In the cases referred to in s. 10 of the Federal Act of 20 December 1968 on administrative procedure 5 , they must recuse themselves.

3 The competent cantonal services shall order appropriate measures where the provisions of this order are not complied with.


1 New content according to the c. 6 of Annex 2 to the O of 26 Oct. 2011 on the coordination of controls, in force since 1 Er Jan 2012 ( RO 2011 5297 ).
2 RS 910.15
3 New content according to the c. 3 of Annex 3 to the O of 23 Oct. 2013 on the coordination of controls on farms, in force since 1 Er Jan 2014 ( RO 2013 3867 ).
4 Introduced by ch. 3 of Annex 3 to the O of 23 Oct. 2013 on the coordination of controls on farms, in force since 1 Er Jan 2014 ( RO 2013 3867 ).
5 RS 172.021

Art. 1 Jurisdiction of Federal Offices

1 The Federal Office for Agriculture, in collaboration with the Federal Office for Food Safety and Veterinary Affairs, oversees the implementation of the requirements for primary production in the cantons. It may issue instructions on controls after consultation with the competent cantonal authorities. Provisions set out in s. 16 of the order of 20 October 2010 on the control of milk 2 Are reserved.

2 After consulting the competent cantonal authorities, the Federal Office for Agriculture establishes a multiannual national control programme with the Federal Office for Food Safety and Veterinary Affairs.


1 New content according to the c. I 11 of the O of 4 Sep. 2013 (Reorganisation of food safety and veterinary affairs), in force since 1 Er Jan 2014 ( RO 2013 3041 ).
2 RS 916.351.0

Art. 10 Contingency Plans

1 After consultation with the competent cantonal authorities and the Directorate-General for Customs, the Federal Office for Agriculture establishes with the Federal Office for Food Safety and Veterinary Affairs emergency management plans Crises. These plans include information on: 1

A.
The official services and the organisations to be involved;
B.
Their respective tasks in the event of crisis;
C.
Procedures for the exchange of information between official services and organisations involved in crisis management.

2 Emergency plans must be adapted, in particular in the case of reorganisation of the competent authorities or on the basis of the results of crisis preparation exercises.


1 New content according to the c. I 11 of the O of 4 Sep. 2013 (Reorganisation of food safety and veterinary affairs), in force since 1 Er Jan 2014 ( RO 2013 3041 ).

Art. 11 1

1 Repealed by c. IV 63 of the O of 22 August 2007 on the formal updating of federal law, with effect from 1 Er Jan 2008 ( RO 2007 4477 ).

Art. 12 Entry into force

This order shall enter into force on 1 Er January 2006.



RO 2005 5545



State 1 Er January 2014