Agriculture Act (AgricA)
Amended by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4217; BBl 2002 4721, 7234).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Chapter 1 Implementing Provisions
Inserted by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4217; BBl 2002 4721, 7234).
Art. 148
1 The Confederation shall draw up regulations for preventing damage caused by harmful organisms as well as by the circulation of inappropriate aids to production. 2 In doing so it shall take into consideration the requirements of product safety.
Para. 2 — Inserted by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4217; BBl 2002 4721, 7234).
Chapter 2 Preventive Measures
Inserted by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4217; BBl 2002 4721, 7234).
Art. 148a
1 If the scientific information is insufficient to fully assess the risks pertaining to aids to production or plant material that may carry particularly dangerous harmful organisms, preventive measures may be taken if: a. it is suspected that the aids to production or plant material may have undesirable side-effects on the health of humans, animals, plants or the environment; and b. it is highly likely that such side-effects will occur or that the consequences thereof could be far-reaching. 2 Preventive measures must be re-examined and modified within an appropriate time-frame in accordance with the latest scientific findings. 3 With regard to preventive measures, the Federal Council may in particular: a. restrict, issue conditions for or ban the importing, circulation and use of aids to production; b. restrict, issue conditions for or ban the importing and circulation of plant material and goods that may carry particularly dangerous harmful organisms.
Chapter 3 Plant Protection
Originally Chap. 1.
Section 1 Basic Principles
Art. 149 Confederation
1 The Confederation shall promote appropriate plant protection practice to protect crops from harmful organisms. 2 …
Para. 2 — Repealed by No I of the FA of 16 June 2023, with effect from 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).
Art. 150 Cantons
The cantonal authorities run a plant protection service which in particular guarantees that measures for combating harmful organisms are correctly implemented within the country.
Art. 151
Repealed by No I of the FA of 16 June 2023, with effect from 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).
Section 2 Plant Health
Amended by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).
Art. 152 Import, export, production and circulation
1 In order to protect crops and plants, parts of plants and plant products (plant material) from particularly dangerous harmful organisms, the Federal Council shall draw up regulations on the import and circulation of: a. particularly dangerous harmful organisms; b. plant material and goods that may carry particularly dangerous harmful organisms. 2 In particular it may: a. stipulate that a permit is required for bringing certain plant material into circulation; b. issue regulations concerning the registration and monitoring of businesses that produce or circulate such plant material; c. oblige such businesses to keep records concerning the plant material in question; d. forbid the import and circulation of plant material that carries or may carry particularly dangerous harmful organisms; e. forbid the cultivation of highly susceptible host plants. 2bis Persons who produce or import plant material or place it on the market must in particular report particularly dangerous harmful organis
Para. 1 let. b — Amended by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955). Para. 2bis — Inserted by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).
Art. 153 Measures to combat particularly dangerous harmful organisms
In order to prevent the import and spread of particularly dangerous harmful organisms, the Federal Council may in particular: a. order the phytosanitary situation to be monitored; b. stipulate that plant material and objects and land that are suspected of being infected be isolated as long as an infestation cannot be ruled out; c. order the treatment, disinfection or destruction of crops, plant material, aids to production and objects which are or could be infested by particularly dangerous harmful organisms.
Art. 153 — Amended by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).
Art. 153a Measures to combat harmful organisms other than particularly dangerous harmful organisms
1 Where coordination at national level is required, the Federal Council may order appropriate measures to combat harmful organisms which, due to their biological characteristics or their distribution, are not classified as particularly dangerous harmful organisms under Article 152 paragraph 1. 2 The measures may in particular comprise: a. monitoring the phytosanitary situation; b. the treatment, disinfection or destruction of crops, plant material, aids to production and objects which are or could be infested with harmful organisms as referred to in paragraph 1; c. the use of organisms to combat the harmful organisms specified in paragraph 1. 3 The Federal Council shall specify the requirements for the use of organisms to combat the harmful organisms specified in paragraph 1 and shall regulate the procedure.
Art. 153a — Inserted by No I of the FA of 16 June 2023, in force since 1 Jan. 2026 (AS 2024 623; BBl 2020 3955).
Section 3 Cost of Combating Harmful Organisms
Art. 154 Liability of the cantons
1 The cantonal authorities are liable for the cost of measures delegated to them. 2 Any person who produces, imports or circulates plant material and wilfully or negligently breaches the duties set out in Article 151 may be held liable for the ensuing costs.
Art. 155 Liability of the Confederation
Normally, the Confederation pays for 50 per cent, and in exceptional circumstances up to 75 per cent, of the recognised costs incurred by the cantons for implementing preventive measures under the terms of Article 153.
Art. 156 Compensation for damage
1 If the value of objects is reduced or the objects are totally destroyed as a result of official measures laid down in Article 153, the owner may receive fair compensation. 2 The definitive amount of the compensation shall be set through the simplest procedure possible, the claimant not being liable for any costs: a. by the FOAG in the case of measures ordered by the FOAG along the Swiss border or within the country; b. by the relevant cantonal administration in the case of other measures within the country. 3 The Confederation shall repay the cantons at least one third of the expenses incurred through such compensation.
Para. 1 — Amended by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955). Para. 2 let. b — Amended by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4217; BBl 2002 4721, 7234).
Art. 157 Subsidies
1 The Confederation may delegate monitoring procedures to private organisations. 2 The private organisations shall receive remuneration for carrying out such mandates.
Art. 157 — Amended by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4217; BBl 2002 4721, 7234).
Chapter 4 Aids to Production
Originally Chap. 2. Amended by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4217; BBl 2002 4721, 7234).
Art. 158 Term and scope of application
1 Aids to production are defined as material and organisms used in agricultural production. This includes in particular fertilisers, plant protection substances, fodder and plant propagation material. 2 The Federal Council may declare aids to production with comparable non-agricultural areas of use to be subject to the regulations set out in this Chapter.
Para. 1 — Term in accordance with No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4217; BBl 2002 4721, 7234). This amendment has been made throughout the text.
Art. 159 Principles
1 Only the following aids to production may be imported or circulated: a. those which are suitable for the intended use; b. those which have no undesirable side-effects when used according to the regulations; and c. those which ensure that basic products treated with such aids are used to produce food and consumer goods that meet the requirements of legislation on foodstuffs. 2 Any person who uses aids to production must comply with the instructions for use.
Art. 159a Regulations concerning import, circulation and use
The Federal Council may draw up regulations concerning the import, circulation and use of aids to production. In particular it may restrict or ban the import, circulation and use of aids to production.
Art. 159a — Inserted by No I of the FA of 20 June 2003 (AS 2003 4217; BBl 2002 4721, 7234). Amended by Annex No 3 of the FA of 12 June 2009, in force since 1 July 2010 (AS 2010 2617; BBl 2008 7275).
Art. 160 Compulsory approval
1 The Federal Council shall issue regulations for the import and circulation of aids to production. 2 It may subject the following to compulsory approval: a. the import and circulation of aids to production as well as the importers and those who release them for circulation; b. producers of fodder and plant propagation material; c. producers of other aids to production insofar as verification of production methods play an important role in ensuring that such aids to production meet the requirements for release into circulation. 3 It shall stipulate which federal authorities must be included in the approval procedure. 4 If aids to production are subject to compulsory approval under the terms of other decrees, the Federal Council shall designate a common approval authority. 5 The Federal Council shall regulate collaboration between the federal authorities involved. 6 Foreign approval or repeal of approval and foreign test reports and certificates of conformity based on equal requirements
Para. 2 let. c — Amended by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4217; BBl 2002 4721, 7234). Para. 6 — Amended by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4217; BBl 2002 4721, 7234).
Art. 160a Imports
Plant protection substances put into circulation lawfully in areas covered by the Agreement of 21 June 1999 between the Swiss Confederation and the European Union on Trade in Agricultural Products may be circulated in Switzerland. If this is contrary to the interests of the general public, the Federal Council may restrict or ban the import and circulation of such substances.
Art. 160a — Inserted by No I of the FA of 22 June 2007, in force since 1 Jan. 2008 (AS 2007 6095; BBl 2006 6337). SR 0.916.026.81
Art. 160b Party status in procedures relating to plant protection substances
1 Organisations with the right to appeal in accordance with Article 12 paragraph 1 letter b of the Federal Act of 1 July 1966 on the Protection of Nature and Cultural Heritage may apply to the regulatory authority for party status within 14 days of being informed of a procedure to authorise a plant protection substance. 2 Persons who fail to apply for party status shall be excluded from further proceedings. 3 If there is a risk in delay, the regulatory authority shall not be obliged to consult the organisations that have been granted party status. 4 The Federal Council shall determine the procedure.
Art. 160b — Inserted by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955). Para. 1 — SR 451
Art. 161 Labelling and packaging
The Federal Council shall issue regulations on the labelling and packaging of aids to production.
Art. 162 Catalogues of plant varieties
1 The Federal Council may stipulate that only those individual varieties of plants may be imported into Switzerland, circulated, recognised or used which are registered in a catalogue of plant varieties. It shall draw up regulations for inclusion in catalogues of plant varieties. 2 It may authorise the FOAG to set up catalogues of plant varieties. 3 It may accept registration in a catalogue of plant varieties in another country as equivalent to registration in a Swiss catalogue of plant varieties.
Art. 163 Regulations for isolation
1 The cantonal authorities may oblige the users of land not intended for the production of plant propagation material to ensure a safe distance between their plots and neighbouring crops of the same type if such action is necessary for reasons of breeding, propagation or plant protection. 2 Those profiting from the above stipulation must provide appropriate compensation for the users of the land where cultivation is restricted.
Art. 164 Turnover statistics
The Federal Council may require the producers of aids to production and trading firms to provide information about the quantities of aids to production that are brought into circulation in Switzerland.
Art. 164a Duty to notify for nutrient supplies
1 The Confederation shall be notified of supplies of concentrated feed and fertiliser so that it can balance excesses of nutrients nationally and regionally. 2 The Federal Council shall determine the persons subject to the duty to notify and in particular regulate which data shall be recorded and which body shall receive the data.
Art. 164a — Inserted by No I 3 of the FA of 19 March 2021 on Reducing the Risks of Pesticide Use, in force since 1 Jan. 2024 (AS 2022 263; BBl 2020 6523, 6785).
Art. 164b Duty to notify for plant protection substances
1 Any person who puts plant protection substances into circulation shall notify the Confederation that it has done so. 2 The Federal Council shall determine which data shall be recorded and which body shall receive the data.
Art. 164b — Inserted by No I 3 of the FA of 19 March 2021 on Reducing the Risks of Pesticide Use, in force since 1 Jan. 2024 (AS 2022 263; BBl 2020 6523, 6785).
Art. 165 Information
1 Any person who puts aids to production into circulation must provide the recipients with information as to their characteristics and intended use. 2 The federal agencies responsible are authorised to inform the general public about the characteristics and intended use of aids to production.