Agriculture Act (AgricA)
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 Rights of Appeal
Art. 166 General
1 An appeal may be filed with competent federal office against rulings issued by organisations and businesses under Article 180. Appeals against decisions made by appeals commissions for certification or inspection bodies to which control of the products under Articles 14 and 63 has been transferred must be filed with the Federal Administrative Court. 2 Appeals against rulings issued by federal offices, federal departments and cantonal courts of the last instance concerning the application of this Act and the provisions for its implementation and the application of the Agreement of 21 June 1999 between the Swiss Confederation and the European Community on trade in agricultural products may be filed with the Federal Administrative Court; this does not apply to cantonal rulings concerning structural improvements. 2bis Before the Federal Administrative Court issues a decision on an objection concerning the import, export or circulation of plant protection substances, it shall consult the
Para. 1 — Second sentence inserted by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955). Para. 2 — SR 0.916.026.81 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). Para. 2bis — Inserted by Annex No II 4 of the Federal Chemicals Act of 15 Dec. 2000 (AS 2004 4763; BBl 2000 687). Amended by Annex No 125 of the FA of 17 June 2005 on the Federal Administrative Court, in force since 1 Jan. 2007 (AS 2006
Art. 167
Repealed by No I of the FA of 22 March 2013, with effect from 1 Jan. 2014 (AS 2013 3463, 3863; BBl 2012 2075).
Art. 168 Opposition procedure
1 In its implementation legislation, the Federal Council may include an opposition procedure against decisions of the court of first instance. 2 Persons who fail to file opposition shall be excluded from further proceedings.
Para. 2 — Inserted by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).
Chapter 2 Administrative Measures
Art. 169 General administrative measures
1 In the case of infringements of this Act, its implementing provisions or rulings based thereon, the following administrative measures may be taken: a. warning; b. withdrawal of recognition, permits, quotas and such like; c. exclusion from entitlement; d. exclusion from direct marketing; e. ban on supplying, receiving and processing; f. performance by a third party at the expense of the person breaching the provisions or rulings and of the organisation to which the tasks have been delegated; g. confiscation of goods; h. payment of a penalty not exceeding 10,000 francs. 2 If products are put into circulation unlawfully or subsidies are applied for or received unlawfully, a payment may be demanded corresponding to, at the most, the total amount received for circulating products unlawfully or the total amount of subsidies applied for or received unlawfully. 3 In order to restore the lawful position, the following measures may be taken in addition: a. ban on the use and circulation of pro
Para. 1 let. h — Inserted by No I of the FA of 20 June 2003 (AS 2003 4217; BBl 2002 4721, 7234). Amended by No I of the FA of 22 June 2007, in force since 1 Jan. 2008 (AS 2007 6095; BBl 2006 6337). Para. 2 — Inserted by No I of the FA of 22 June 2007, in force since 1 Jan. 2008 (AS 2007 6095; BBl 2006 6337). Para. 3 let. d — Inserted by No I of the FA of 22 June 2007 (AS 2007 6095; BBl 2006 6337). Amended by No I of the FA of 22 March 2013, in force since 1 Jan. 2014 (AS 2013 3463, 3863; BBl 201
Art. 170 Reduction and withdrawal of subsidies
1 Subsidies may be reduced or withdrawn if the applicant infringes this Act, its implementing provisions or rulings based thereon. 2 The reduction or refusal applies at least for those years in which the applicant has been in infringement. 2bis In the event of non-compliance with the provisions of legislation on the protection of waters, the environment and animal welfare relating to agricultural production, reductions or withdrawal may be extended to all types of direct payments. 3 The Federal Council shall stipulate reductions in the case of an infringement of regulations on direct payments and arable farming.
Para. 2bis — Inserted by No I of the FA of 22 March 2013, in force since 1 Jan. 2014 (AS 2013 3463, 3863; BBl 2012 2075). Para. 3 — Inserted by No I of the FA of 22 June 2007, in force since 1 Jan 2008 (AS 2007 6095; BBl 2006 6337).
Art. 171 Repayment of subsidies
1 If the requirements by which a subsidy is granted are no longer met or if obligations or conditions are disregarded, the recipient shall be required to repay all or part of the subsidies. 2 Subsidies or financial advantages that have been granted wrongly shall be repaid or deducted regardless of the application of criminal provisions.
Art. 171a Contra transactions by dominant undertakings
1 Reciprocal transactions by dominant undertakings in the market for agricultural produce and aids to production in which the signing of a contract is made conditional on the purchase of goods and services at disproportionate prices are unlawful under Article 7 of the Cartel Act of 6 October 1995 and are subject to sanctions Article 49a or 50 of the same Act. 2 A price is considered disproportionate in accordance with paragraph 1 if it differs considerably from the price of comparable goods or services in the regions covered by the Agreement between the Swiss Confederation and the European Community on Trade in Agricultural Products of 21 June 1999. 3 Articles 8 and 31 of the Cartel Act of 6 October 1995 do not apply in procedures conducted by the Competition Commission relating to paragraph 1.
Art. 171a — Inserted by No I of the FA of 22 June 2007, in force since 1 Jan. 2008 (AS 2007 6095; BBl 2006 6337). Para. 1 — SR 251 Para. 2 — SR 0.916.026.81
Chapter 3 Criminal Provisions
Art. 172 Misdemeanours and felonies
1 Any person who unlawfully uses a designation of origin or a geographical indication protected under Article 16 or a classification or label under Article 63 shall on complaint be liable to a custodial sentence not exceeding one year or to a monetary penalty. In relation to classification and labelling under Article 63, the monitoring agency mandated by the Federal Council under Article 64 paragraph 4 also has the right to file a complaint. 2 Any person suspected of committing an offence for commercial gain shall be prosecuted ex officio, and shall be liable to a custodial sentence not exceeding five years or a monetary penalty. …
Art. 172 — Amended by No I of the FA of 22 June 2007, in force since 1 Jan. 2008 (AS 2007 6095; BBl 2006 6337). Para. 1 — Second sentence 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 — Sentence inserted by No I of the FA of 22 March 2013 (AS 2013 3463, 3863; BBl 2012 2075). Repealed by No I 33 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Police, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 173 Contraventions
1 Unless the offence carries a more severe penalty under a different provision, a person who wilfully commits any of the following acts shall be liable to a fine not exceeding 40,000 francs: a. violates or makes unpermitted use of the common identity devised by the Confederation under Article 12 paragraph 3; abis. infringes the labelling regulations that have been issued or recognised under Article 14 paragraph 1 letters a–c, e and f and Article 15; [tab] ater.breaches the regulations on the use of official marks under Article 14 paragraph 4; b. infringes the regulations issued under Article 18 paragraph 1 on the declaration of goods produced using methods that are banned in Switzerland; c. refuses, falsifies or provides incomplete information when data is collected under Article 27 or Article 185; cbis. fails to meet the requirements of Article 27a paragraph 1 or fails to comply with a permit requirement or measures ordered under Article 27a paragraph 2; d. provides false or misleadin
Para. 1 — Amended by No I of the FA of 22 June 2007, in force since 1 Jan. 2008 (AS 2007 6095; BBl 2006 6337). Para. 1 let. a — Amended by No I of the FA of 22 March 2013, in force since 1 Jan. 2014 (AS 2013 3463, 3863; BBl 2012 2075). Para. 1 let. abis — Inserted by No I of the FA of 22 March 2013, in force since 1 Jan. 2014 (AS 2013 3463, 3863; BBl 2012 2075). Para. 1 let. tab — Inserted by No I of the FA of 22 March 2013, in force since 1 Jan. 2014 (AS 2013 3463, 3863; BBl 2012 2075). Para. 1
Art. 174 Associations and legal entities
If the offence has been committed by a legal entity or a group of persons, Articles 6 and 7 of the Federal Act of 22 March 1974 on Administrative Criminal Law apply.
SR 313.0
Art. 175 Prosecution
1 The cantonal authorities are responsible for prosecutions. 2 Any person who breaches the regulations on importing, exporting or transiting goods shall be prosecuted and be liable to the penalties under the legislation on customs tariffs. The authorities may not proceed with a prosecution in particularly minor cases of violation concerning the use of import quotas for agricultural products. 3 If an act simultaneously constitutes an offence under paragraph 2 and an offence prosecuted by the Federal Office for Customs and Border Security, the penalty for the more serious offence applies; the penalty may be raised accordingly.
Para. 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). Para. 3 — Inserted by No I of the FA of 22 March 2013 (AS 2013 3463, 3863; BBl 2012 2075). Amended by No I 33 of the O of 12 June 2020 on the Amendment of Legislation as a consequence of the Change to the Name of the Federal Customs Administration as part of its further Development, in force since 1 Jan. 2022 (AS 2020 2743).
Art. 176 Exclusion of Articles 37–39 of the Subsidies Act
Articles 37–39 of the Federal Subsidies Act of 5 October 1990 on contraventions, fraudulent acquisition of an advantage and prosecution do not apply.
SR 616.1