Agriculture Act (AgricA)
Inserted by No I of the FA of 22 March 2013, in force since 1 Jan. 2014 (AS 2013 3463, 3863; BBl 2012 2075).
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 Preventive Measures
Art. 165a
1 If aids to production or plant or animal material pose a potential threat to the health of humans, animals, plants or the environment or to the economy of the agricultural sector as a result of a radioactive, biological, chemical, natural or other event that has repercussions at an international, national or regional level, the FOAG may take preventive measures after consulting the federal agencies concerned. 2 In particular the FOAG may take the following preventive measures: a. restrict, ban or stipulate conditions for grazing, outdoor exercise or harvesting; b. restrict, ban or stipulate conditions for importing, circulating or using aids to production and plant and animal material; c. in the case of immediate danger, stipulate that: 1. the potentially dangerous aids to production or plant or animal material be confiscated or collected and destroyed, 2. farms must stop production, 3. farms must dispose of their produce. 3 Preventive measures must be revised regularly and modified
Chapter 2 Compulsory Tolerance of the Management o
Art. 165b
1 Land owners must tolerate the practice of leaving land fallow without claiming compensation provided it is in the public interest. A public interest arises in particular if land must be left fallow in order to maintain agricultural use, to protect against natural threats or to conserve flora and fauna that require special protection. 2 Land owners must tolerate the practice for at least three years. If the owner wishes to farm the land himself or herself after this period, or wishes to have it farmed by a tenant farmer, the person farming the land up until then must be informed accordingly at least six months in advance. 3 The cantonal authorities shall draw up the necessary provisions for implementation; they shall decide in individual cases whether leaving land fallow is to be tolerated.
Chapter 3 Information Systems
Art. 165c Information system for data on farms, structures and subsidies
1 The FOAG runs an information system for implementing this Act, and in particular for allocating subsidies and carrying out federal statistical surveys. 2 The information system contains personal data including data on farmers who produce primary products, and data on farms and livestock. 3 The FOAG may make the data available for downloading by the following agencies or people or pass on the data to them: a. the Federal Food Safety and Veterinary Office (FSVO): to ensure food safety, food hygiene, fodder safety, animal welfare and animal protection and faultless primary production; b. the Federal Office of Public Health (FOPH): to ensure food safety, food hygiene and protection against fraudulent misrepresentation; c. the Federal Office of the Environment (FOEN): to support the implementation of legislation on the protection of the environment, natural and cultural heritage and waters; d. other federal authorities: in order for them to fulfil the tasks assigned to them, insofar as th
Para. 3 let. a — The name of this administrative unit was changed on 1 Jan. 2014 by Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937). This change has been made throughout the text. Para. 3 let. b — Relates to the previous Food Safety Division at the FOPH, which became part of the FSVO on 1 Jan. 2014.
Art. 165d Information system for monitoring data
1 The FOAG operates an information system for planning, recording and managing monitoring procedures in accordance with this Act and for evaluating the results. The information is intended in particular for verification of direct payments. 2 The FOAG’s information system is part of the common central information system operated by the FOAG, the FSVO and the FOPH for the entire food chain and with the aim of ensuring food safety, fodder safety, animal welfare, animal protection and faultless primary production. 3 The FOAG’s information system contains personal data including: a data on monitoring and the results thereof; b. data on administrative measures and criminal sanctions. 4 As part of their legal duties, the following authorities and other authorised agencies may process data in the information system online: a. the FSVO: to ensure food safety, food hygiene, fodder safety, animal welfare and animal protection, as well as faultless primary production; b. the FOPH: to ensure food s
Para. 2 — Relates to the previous Food Safety Division at the FOPH, which became part of the FSVO on 1 Jan. 2014. Para. 4 let. b — Relates to the previous Food Safety Division at the FOPH, which became part of the FSVO on 1 Jan. 2014. Para. 5 let. b — Relates to the previous Food Safety Division at the FOPH, which became part of the FSVO on 1 Jan. 2014.
Art. 165e Geographical information system
1 The FOAG operates a geographical information system as support for the executive tasks assigned to the federal and cantonal authorities under the terms of this Act. 2 The information system contains data on land and land-use as well as further data for regional executive tasks. 3 Access and use of the data are covered by the provisions of the Federal Act of 5 October 2007 on Geographical Information.
Para. 3 — SR 510.62
Art. 165f Central information system for the movement of nutrients
1 The FOAG operates an information system for recording the movement of nutrients in agriculture. 2 Farms that supply nutrients are obliged to record all supplies in the information system. 3 Farms that receive nutrients are obliged to confirm all supplies in the information system. 4 As part of their legal obligations, the following agencies and individuals can download data from the information system: a. the FOAG: for support in implementing legislation on water protection; b. the cantonal executive authorities and agencies mandated by them to carry out checks: to fulfil their assigned tasks in the relevant area of responsibility; c. the farmer, for data that concerns him or her; d. third parties who have authorisation from the farmer.
Art. 165f bis Central information system on the use of plant protection substances
1 The Confederation shall operate a central information system to record the use of plant protection substances by professional and commercial users and by public bodies. 2 Any person who uses plant protection substances professionally or commercially must record their use in the information system. 3 Within the scope of their statutory duties, the following authorities and persons may access the data in the information system online: a. the federal authorities concerned: to support implementation in their particular area of responsibility; b. the cantonal executive authorities and the agencies that they instruct to carry out checks: to fulfil their duties in their particular area of responsibility; c. the users, for data that relate to them; d. third parties authorised to do so by users.
Art. 165fbis — 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. 165g Implementing provisions
The Federal Council shall draw up regulations regarding the information system according to Articles 165cbis–165fbis in particular for: a. the form of the data collection and the dates when information must be provided; b. the structure and the data catalogue; c. responsibility for data processing; d. entitlement to access, namely the scope of entitlement to online access; e. the organisational and technical measures required to ensure data protection and data security; f. collaboration with the cantonal authorities; g. the duration of storage and point at which the data are to be destroyed; h. archiving.
Amended 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. 165gbis Information system for animal data
[tab] 1 The data in the animal movements database pursuant to Article 45b of the Epizootic Diseases Act of 1 July 1966 (EzDA) may be processed in order to implement agricultural measures. The Federal Council shall regulate which data may be processed. 2 The Federal Council may delegate tasks related to the implementation of agricultural measures to Identitas AG (Art. 7a EzDA). The Federal Council shall regulate the delegation of tasks, the bearing of costs and the processing of data.
Art. 165gbis — Inserted by No II of the FA of 19 June 2020, in force since 1 Jan. 2021, para. 2 comes into force 1 Jan. 2022 (AS 2020 5749; 2021 680; BBl 2019 4175). Para. u1 let. tab — SR 916.40
Chapter 4 Intellectual Property
Art 165h
1 With the exception of copyright, all rights concerning intangible goods produced by persons employed by the FOAG or by the agricultural research institute under the terms of the Federal Personnel Act of 24 March 2000, as part of their official tasks, belong to the Confederation. 2 In the case of computer programmes written by the persons mentioned in paragraph 1 as part of their official tasks, the FOAG or the agricultural research institute enjoy exclusive rights of use. In order to transfer rights in other copyright work categories, the FOAG and the agricultural research institute may draw up contractual regulations with those who own the rights. 3 Any person who has produced intangible goods under the terms of paragraphs 1 and 2 must receive an appropriate share of any profit accruing from their commercialisation.
Para. 1 — SR 172.220.1 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 — Amended by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).