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Contents of this enactment

Document textGeneral document text1ArticlesRegular articles in this version75AnnexesAnnexes and attachments in this version1
Document text1
Articles75
1Chapter 1 General Provisions
2Section 1 Aim and Scope
Art. 1 – AimArt. 1 Aim The aim of this Act is: a. to protect the health of consumers from foodstuffs and consumer products that are unsafe; b. to ensure that foodstuffs and consumer products are handled hygienically; c. to protect… Direct link
Art. 2 – Scope of applicationArt. 2 Scope of application 1 This Act applies to: a. the handling of foodstuffs and consumer products, i.e. their manufacture, processing, storage, transport and placing on the market; b. the labelling and presentation… Direct link
Art. 3 – ExportArt. 3 Export 1 Foodstuffs that are intended for export must comply with the provisions of this Act. 2 They need not comply with the provisions of this Act if the legislation or the authorities of the country of destina… Direct link
2Section 2 Definitions
Art. 4 – FoodstuffsArt. 4 Foodstuffs 1 Foodstuffs are all substances or products that are intended or may reasonably be expected to be consumed by human beings in a processed, partly processed or unprocessed state. 2 Foodstuffs also inclu… Direct link
Art. 5 – Consumer productsArt. 5 Consumer products Consumer products are articles that fall within one of the following product categories: a. food contact materials: articles and materials: 1. that are intended to come in contact with foodstuff… Direct link
Art. 6 – Placing on the marketArt. 6 Placing on the market Placing on the market in terms of this Act means the distribution of foodstuffs or consumer products, any form of their passing-on whether for payment or not, their being made available for… Direct link
1Chapter 2 Requirements for Foodstuffs and Consumer Products
2Section 1 Foodstuffs
Art. 7 – Food safetyArt. 7 Food safety 1 Only safe foodstuffs may be placed on the market. 2 Foodstuffs are deemed to be unsafe if it must be assumed that they: a. are harmful to health; or b. are unsuitable for human consumption. 3 The fo… Direct link
Art. 8 – Primary productionArt. 8 Primary production Any person who produces animals or plants for manufacturing foodstuffs, must produce them so that the foodstuffs manufactured do not present a risk to human health, nor give rise to deception. Direct link
Art. 9 – Meat productionArt. 9 Meat production 1 The Federal Council shall determine the animal species whose meat may be used as foodstuffs. 2 It shall determine the species of animal that may only be slaughtered in slaughterhouses licensed u… Direct link
Art. 10 – HygieneArt. 10 Hygiene 1 Any person who handles foodstuffs must ensure that such foodstuffs are not adversely affected in hygiene terms by such handling. 2 Persons who are sick or injured and may therefore put the health of co… Direct link
Art. 11 – Licensing and reporting requirements for businessesArt. 11 Licensing and reporting requirements for businesses 1 Slaughterhouses and businesses that handle foodstuffs of animal origin require an operating licence from the canton. 2 Other businesses active in the product… Direct link
Art. 12 – Mandatory labelling and informationArt. 12 Mandatory labelling and information 1 Any person who places pre-packaged foodstuffs on the market must provide purchasers with the following information about the foodstuffs: a. the country of production; b. the… Direct link
Art. 13 – Special labellingArt. 13 Special labelling 1 The Federal Council may stipulate further indications, in particular with regard to: a. storage life; b. method of storage; c. origin of the raw materials; d. method of production; e. method… Direct link
Art. 14 – Restrictions on the supply and advertising of alcoholic beveragesArt. 14 Restrictions on the supply and advertising of alcoholic beverages 1 The supply of alcoholic beverages to young people under the age of 16 is prohibited. 2 The Federal Council may restrict the advertising of alco… Direct link
Art. 14a – Test purchases of alcoholArt. 14a Inserted by Annex 3 No 2 of the Tobacco Products Act of 1 Oct. 2021, in force since 1 Oct. 2024 (AS 2024 457; BBl 2019 919). Inserted by Annex 3 No 2 of the Tobacco Products Act of 1 Oct. 2021, in force since 1… Direct link
2Section 2 Consumer Products
Art. 15 – Safety of consumer productsArt. 15 Safety of consumer products 1 Only safe consumer products may be placed on the market. 2 A consumer product is deemed to be safe if it presents no danger or only minimal danger when used normally or in a reasona… Direct link
Art. 16 – Labelling and advertisingArt. 16 Labelling and advertising 1 Consumer products must be labelled in such a way that the protection of health and, in accordance with Article 18, protection against deception is guaranteed. 2 The Federal Council ma… Direct link
Art. 17 – Reporting requirement for businessesArt. 17 Reporting requirement for businesses The Federal Council may impose a reporting requirement on businesses that handle consumer products. Direct link
2Section 3 Common Provisions for Foodstuffs and Consumer Products
Art. 18 – Protection against deceptionArt. 18 Protection against deception 1 All information relating to foodstuffs, food contact materials and cosmetics must be factually correct. 2 The presentation, labelling and packaging of products under paragraph 1 an… Direct link
Art. 19 – Imitation and confusionArt. 19 Imitation and confusion 1 Substitute and imitation products must be labelled and advertised in such a way that consumers can recognise the true nature of the foodstuff and distinguish it from products with which… Direct link
Art. 20 – Restriction of production and treatment processesArt. 20 Restriction of production and treatment processes 1 The Federal Council may restrict or prohibit physical, chemical, microbiological or biotechnological processes for producing or treating foodstuffs or consumer… Direct link
2Section 4 Duties of the Authorities
Art. 21 – Risk analysisArt. 21 Risk analysis 1 Risk analysis comprises risk assessment, risk management and risk communication. 2 To ensure that the health of consumers is protected, the competent authorities shall rely on risk analysis, unle… Direct link
Art. 22 – Precautionary principleArt. 22 Precautionary principle If, on evaluating the available information, a competent federal authority finds that a foodstuff or a consumer product could be harmful to health, but there is still scientific uncertain… Direct link
Art. 23 – Protection measuresArt. 23 Protection measures If a product meets the statutory requirements but new scientific findings indicate that the product poses a direct risk to consumers, the competent federal authority may instruct the enforcem… Direct link
Art. 24 – Information to the general publicArt. 24 Information to the general public 1 The competent authorities shall inform the general public in particular about: a. its inspection activities and their effectiveness; b. foodstuffs and consumer products in res… Direct link
1Chapter 3 Inspections
2Section 1 Investigation Procedures
Art. 25Art. 25 1 The competent federal authority shall publish recommendations on the procedure for taking samples and analysing foodstuffs and consumer products. 2 The Federal Council may declare certain sampling and analysis… Direct link
2Section 2 Obligations for Companies
Art. 26 – Self-supervisionArt. 26 Self-supervision 1 Any person who manufactures, handles, stores, transports, places on the market, imports, exports or carries in transit foodstuffs or consumer products must ensure that the statutory requiremen… Direct link
Art. 27 – Guaranteeing health protectionArt. 27 Guaranteeing health protection 1 Any person who discovers that the foodstuffs or consumer products that they placed on the market may constitute a health risk must ensure that consumers are not harmed. 2 The Fed… Direct link
Art. 28 – TraceabilityArt. 28 Traceability 1 It must be possible to trace the following at all levels of production, processing and distribution: a. foodstuffs, animals intended for food production and all substances pertaining thereto or wh… Direct link
Art. 29 – Obligation to assist and to provide informationArt. 29 Obligation to assist and to provide information 1 Any person who manufactures, handles, stores, transports, places on the market, imports, exports or carries in transit foodstuffs or consumer products, must assi… Direct link
2Section 3 Official Inspection
Art. 30 – Inspection and taking samplesArt. 30 Inspection and taking samples 1 Risk-based official inspections shall be carried out at each stage of the production, processing and distribution of foodstuffs, of animals kept for foodstuffs production and of c… Direct link
Art. 31 – Inspection of animals before slaughter and meat inspectionArt. 31 Inspection of animals before slaughter and meat inspection 1 The official veterinarian or the official assistant in the public veterinary service under their supervision shall inspect the following animals befor… Direct link
Art. 32 – Inspection resultsArt. 32 Inspection results 1 The enforcement authorities shall notify the responsible person at the business of the inspection results in writing. The Federal Council may provide for exceptions for the inspection of ani… Direct link
Art. 33 – ComplaintsArt. 33 Complaints If the enforcement authority establishes that the statutory requirements have not been met, they shall file a complaint. Direct link
2Section 4 Measures
Art. 34 – Products in respect of which a complaint has been filedArt. 34 Products in respect of which a complaint has been filed 1 If the enforcement authorities have filed a complaint about a product, they shall order the measures required to restore it to its lawful state. 2 They m… Direct link
Art. 35 – Complaints not related to productsArt. 35 Complaints not related to products 1 In the case of complaints that are not related to products, the enforcement authorities may require the responsible person at the business: a. to investigate the causes of th… Direct link
Art. 36 – Precautionary measuresArt. 36 Precautionary measures 1 The enforcement authorities shall confiscate products that are the cause of a complaint if this is necessary for the protection of consumers or third parties. 2 They may also confiscate… Direct link
Art. 37 – Criminal complaintArt. 37 Criminal complaint 1 The enforcement authority shall report any infringement of the provisions of foodstuffs legislation that may be a criminal offence to the prosecution authority. 2 In minor cases, they may de… Direct link
1Chapter 4 Enforcement
2Section 1 Confederation
Art. 38 – Import, export and transitArt. 38 Import, export and transit 1 The Confederation shall enforce this Act in relation to import, export and transit. 2 It may in individual cases delegate specific enforcement duties and the authority to take the fi… Direct link
Art. 39 – Restrictions on importsArt. 39 Restrictions on imports 1 The competent federal authority may may prohibit the import of certain unsafe products where the risk to the health of the population cannot otherwise be averted. 2 They may order that… Direct link
Art. 40 – ResearchArt. 40 Research 1 The Confederation shall procure and study the scientific information necessary for the application of this Act. 2 It may conduct studies itself or in collaboration with the cantons. Direct link
Art. 41 – Enforcement in the armed forcesArt. 41 Enforcement in the armed forces 1 In fixed installations used by the armed forces, the Confederation shall if possible arrange for the cantonal enforcement authorities to carry out inspections of foodstuffs. 2 I… Direct link
Art. 42 – Supervision and coordinationArt. 42 Supervision and coordination 1 The Confederation shall supervise the enforcement of this Act by the cantons. 2 It shall coordinate enforcement measures and the provision of information and shall issue national i… Direct link
Art. 43 – National reference laboratoriesArt. 43 National reference laboratories 1 The Confederation shall run national reference laboratories. 2 If the competent federal authority is unable to run reference laboratories itself, it shall delegate this task to… Direct link
Art. 44 – Federal Council implementing provisionsArt. 44 Federal Council implementing provisions 1 The Federal Council shall issue the implementing provisions. In doing so, it shall take account of internationally harmonised regulations, guidelines, recommendations an… Direct link
Art. 45 – International cooperationArt. 45 International cooperation 1 The federal authorities shall work with specialised national and international offices and institutions and carry out the tasks required under international treaties. 2 International… Direct link
Art. 46 – Cross-border inspectionsArt. 46 Cross-border inspections 1 Foreign authorities that wish to inspect Swiss businesses that export foodstuffs or consumer products to their countries require the consent of the competent federal authority. The aut… Direct link
2Section 2 Cantons
Art. 47 – PrinciplesArt. 47 Principles 1 The cantons shall enforce this Act unless the Confederation is responsible. 2 They shall ensure that inspections of foodstuffs and consumer products are carried out in Switzerland. Direct link
Art. 48 – LaboratoriesArt. 48 Laboratories 1 The cantons shall operate specialised and accredited laboratories for the testing of samples. 2 They may merge laboratories in order to operate them together. 3 They may also delegate the testing… Direct link
Art. 49 – Enforcement agenciesArt. 49 Enforcement agencies 1 The cantons shall appoint as enforcement officers: a. a cantonal chemist; b. a cantonal veterinarian; c. the required number of: 1. food inspectors, 2. food controllers, 3. official veteri… Direct link
Art. 50 – Cantonal implementing provisionsArt. 50 Cantonal implementing provisions 1 The cantons shall enact implementing provisions on cantonal enforcement and regulate the duties and organisation of their enforcement officers in terms of this Act. 2 They shal… Direct link
Art. 51 – Coordination, management and cooperation with the federal authoritiesArt. 51 Coordination, management and cooperation with the federal authorities 1 Each canton shall on its own territory coordinate the implementation of the legislation on foodstuffs and consumer products from manufactur… Direct link
2Section 3 Enforcement Agency Employees
Art. 52 – Requirements for the employees of enforcement agenciesArt. 52 Requirements for the employees of enforcement agencies 1 The Federal Council shall determine the professional requirements for employees of the various enforcement agencies. 2 It shall determine the training pro… Direct link
Art. 53 – TrainingArt. 53 Training 1 The Confederation and cantons shall jointly ensure the training of the persons responsible for enforcing this Act. 2 The competent federal authority may appoint examination boards to organise examinat… Direct link
2Section 4 Common Provisions on Enforcement by the Confederation and Cantons
Art. 54 – Public warningsArt. 54 Public warnings 1 If the enforcement authorities establish that unsafe foodstuffs or consumer products have been supplied to an undetermined number of consumers, they shall ensure that the public are informed an… Direct link
Art. 55 – Involvement of third partiesArt. 55 Involvement of third parties 1 The competent authority may delegate tasks related to official inspections to third parties, in particular companies and organisations. They may create suitable organisations for t… Direct link
Art. 56 – Duty of confidentialityArt. 56 Duty of confidentiality Persons assigned tasks relating to the implementation of this Act are subject to a duty of confidentiality. Articles 24 and 60 are reserved. Direct link
1Chapter 5 Funding
Art. 57 – Sharing costsArt. 57 Sharing costs 1 The Confederation and the cantons shall bear the cost of enforcing this Act in their respective areas of competence. 2 The cantons shall ensure that appropriate financial resources are made avail… Current article Direct link
Art. 58 – FeesArt. 58 Fees 1 Inspections of foodstuffs are free of charge, unless this Act provides otherwise. 2 Fees shall be charged for: a. inspections that lead to a complaint being made; in particularly minor cases, a fee need n… Direct link
1Chapter 6 Data Processing
Art. 59 – Processing of personal dataArt. 59 Processing of personal data 1 The competent federal and cantonal authorities are entitled to process personal data, including data on administrative and criminal proceedings and sanctions, provided this require… Direct link
Art. 60 – Exchange of enforcement dataArt. 60 Exchange of enforcement data 1 The competent federal authorities, the cantonal authorities and third parties in terms of paragraph 2 letters c and d shall supply each other with the data that they need to: a. be… Direct link
Art. 61 – Exchange of data with other countries and with international organisationsArt. 61 Exchange of data with other countries and with international organisations 1 The Federal Council shall regulate the responsibilities and procedures for exchanging personal data with foreign authorities and insti… Direct link
Art. 62 – Information system of the Federal Food Safety and Veterinary OfficeArt. 62 Information system of the Federal Food Safety and Veterinary Office 1 The Federal Food Safety and Veterinary Office (FSVO) shall operate an information system: a. to guarantee the safety and hygiene of foodstuff… Direct link
1Chapter 7 Criminal Law Provisions and Rights of Appeal
2Section 1 Criminal Law Provisions
Art. 63 – Misdemeanours and feloniesArt. 63 Misdemeanours and felonies 1 Any person who intentionally: a. manufactures, handles, stores, transports or places on the market foodstuffs in such a way that, when used normally, they present a risk to health; b… Direct link
Art. 64 – ContraventionsArt. 64 Contraventions 1 Any person who intentionally: a. manufactures, handles, stores, transports or places on the market foodstuffs or consumer products in such a way that they do not meet the requirements of this Ac… Direct link
Art. 65 – Offences in commercial establishments, forgery of documentsArt. 65 Offences in commercial establishments, forgery of documents The criminal provisions on offences in commercial establishments and on the forgery of documents under Articles 6, 7 and 15 of the Federal Act of 22 Ma… Direct link
Art. 66 – ProsecutionArt. 66 Prosecution 1 Offences under this Act shall be prosecuted and judged by the cantons. 2 The federal office responsible for supervision on behalf of the federal government may require the cantonal testing authorit… Direct link
2Section 2 Rights of Appeal
Art. 67 – Objection procedureArt. 67 Objection procedure Rulings on measures and certificates of conformity under this Act may be challenged by filing an objection with the authority issuing the ruling. Direct link
Art. 68 – Administration of federal justiceArt. 68 Administration of federal justice Objection and appeal proceedings against rulings issued by federal authorities are governed by the general provisions on the administration of federal justice. Direct link
Art. 69 – Cantonal procedureArt. 69 Cantonal procedure The cantons shall establish an appeals authority to review decisions on objections under this Act, including discretionary decisions by their enforcement agencies. Direct link
Art. 70 – DeadlinesArt. 70 Deadlines 1 The deadline for filing an objection amounts to ten days. 2 The deadline for filing for appeals against decisions on objections amounts to thirty days. Direct link
Art. 71 – Suspensive effect and precautionary measuresArt. 71 Suspensive effect and precautionary measures 1 The authority issuing a ruling or the appeal authority may revoke the suspensive effect of an objection or an appeal. 2 If an objection or an appeal is given suspen… Direct link
1Chapter 8 Final Provisions
Art. 72 – Repeal and amendment of current legislationArt. 72 Repeal and amendment of current legislation The repeal and amendment of other legislation is regulated in the Annex. Direct link
Art. 73 – Transitional commissionArt. 73 Transitional commission 1 Articles 2–4, 6, 10, 12, 13, 15, 18, 20–25, 27–34, 36–43, 44, 45 and 47–57 of the Foodstuffs Act of 9 October 1992 [AS 1995 1469; 1996 1725 Annex No 3; 1998 3033 Annex No 5; 2001 2790 A… Direct link
Art. 74 – Referendum and commencementArt. 74 Referendum and commencement 1 This Act is subject to an optional referendum. 2 The Federal Council shall specify the date on which this Act comes into force. Commencement date: 1 May 2017 FCD of 16 Dec. 2016. FC… Direct link
Annexes1
Repeal and amendment of other legislationAnnex (Art. 72) Repeal and amendment of other legislation I The Foodstuffs Act of 9 October 1992 , subject to Article 73 hereof, is repealed. II The enactments below are amended as follows: …Direct link

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