Agriculture Act (AgricA)

By Steph2
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In The Matter OfAgriculture Act (AgricA)
Exhibit A
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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 Implementation

Art. 177 The Federal Council

1 The Federal Council shall draw up the required provisions for implementation insofar as responsibility is not assigned by law to another agency. 2 It may delegate the task of drawing up regulations that are predominantly technical or administrative to the EAER und, in connection with plant protection substances, to the Federal Department of Home Affairs or its agencies, or to subordinate federal offices.

Para. 2 — Amended by No I of the O of 17 Nov. 2021 on the Amendment of the Agriculture Act as a consequence of the Reorganisation of the Approval Procedure for Plant Protection Substances, in force since 1 Jan. 2022 (AS 2021 759).

Art. 177a International agreements

1 The Federal Council may conclude international agreements in the field of agriculture independently, with the exception of agreements on trade in agricultural products. 2 After consulting the other interested federal offices and authorities, the FOAG may conclude agreements of a technical nature with foreign agricultural authorities, public research institutions or international organisations regarding in particular: a. the recognition of agencies responsible for testing, assessing conformity, approving, registering and licensing in the agricultural sector; b. the recognition of test reports, conformity assessments and licensing concerning plant protection and aids to production as well as methods of production; c. technical collaboration and the exchange of information with regard to plant protection and the approval and circulation of aids to production; d. conditions and obligations concerning the sale or purchase of genetic resources for food and agriculture from state-controlled

Art. 177a — 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. 177b Commercial services

1 The FOAG, its agricultural research institute (Article 114) and the stud farm (Article 121) may provide commercial services for third parties if such services: a. are closely related to their main tasks; b. do not compromise the completion of their main tasks; and c. require a negligible amount of additional material and personnel. 2 Commercial services must be provided at a cost-effective price based on an estimate of cost and income. The EAER may allow exceptions for certain services if they do not entail competition for private businesses.

Art. 177b — Inserted by Annex No 5 of the FA of 18 June 2010, in force since 1 Jan. 2011 (AS 2010 5003; BBl 2009 7207). 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).

Art. 178 The cantons

1 Unless the Confederation is responsible, implementation is the task of the cantons. 2 The cantons shall issue the necessary provisions for implementation and inform the EAER accordingly. 3 The cantons shall designate agencies or organisations to be responsible for implementation and supervision. 4 If a canton fails to draw up provisions for implementation in good time, the Federal Council shall do so as a temporary measure. 5 For implementing the measures concerning direct payments, the cantons use defined basic data, record the necessary land and how it is used as well as the other necessary objects in the geographical information system in accordance with Article 165e and calculate the subsidies for each farm on the basis of these data.

Para. 5 — Inserted by No I of the FA of 22 March 2013, in force since 1 Jan. 2014 (AS 2013 3463, 3863; BBl 2012 2075).

Art. 179 General supervision by the Confederation

1 The Federal Council shall supervise the implementation of the Act by the cantons. 2 If a canton fails to implement the Act or is negligent in its implementation, the Confederation may demand repayment of financial assistance or reduce or refuse the financial assistance. This also applies even if a right of appeal under Article 166 paragraph 3 is not exercised.

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).

Art. 180 Cooperation between organisations and businesses

1 The Confederation and the cantons may work with businesses and organisations in order to implement the Act or set up appropriate organisations to do so. 2 The cooperation between these businesses and organisations shall be supervised by the authorities. The tasks and powers transferred to them must be detailed by the relevant authorities, to whom they must submit reports and accounts; this does not apply to certification bodies to which control of designated products under Article 14 of this Act and Article 41a of the Forest Act of 4 October 1991 has been transferred. Parliamentary control may be exercised in the Confederation and the cantons. 3 The Federal Council and the cantons may authorise the businesses and organisations who work with them to levy an appropriate charge for their activities. Their rates must be approved by the EAER.

Para. 2 — SR 921.0 Para. 2 — 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).

Art. 181 Controls

1 The agencies responsible for implementation shall regulate the necessary control measures and data collection as required for implementing this Act, its implementing provisions or the rulings based thereon. 1bis The Federal Council may draw up regulations in order to ensure that, for the implementation of this Act and of other legislation on agriculture, control activities are uniform, standardised and complementary and that the necessary information is exchanged among the control agencies responsible. 2 Individuals, businesses or organisations that prompt the need for controls through their unlawful conduct, or hinder or prevent controls are liable for any costs incurred. 3 The Federal Council may delegate certain control measures and data collection to the cantons. 4 It may specify charges for controls that do not result in a complaint, in particular for: a. phytosanitary controls; b. controls of seeds and seedlings; c. control analyses; d. fodder controls. 5 It may stipulate that

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. 1bis — Inserted by No I of the FA of 22 June 2007, in force since 1 Jan. 2008 (AS 2007 6095; BBl 2006 6337). Para. 4 let. d — 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. 5 — 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. 6 — Inserted by No I of

Art. 182 Prosecution of infringements

1 The Federal Council shall coordinate the implementation of the Foodstuffs Act of 9 October 1992, the Customs Tariff Act of 18 March 2005 and this Act; in addition, it may require the Federal Tax Administration to pass on information. 2 The Federal Council shall set up a central office to investigate infringements concerning: a. protected labelling for agricultural products; b. the import, transit and export of agricultural products; c. declaration of origin and production methods.

Art. 182 — 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. 1 — [AS 1995 1469; 1996 1725 Annex No 3; 1998 3033 Annex No 5; 2001 2790 Annex No 5; 2002 775; 2003 4803 Annex No 6; 2005 971; 2006 2197 Annex No 94, 2363 No II; 2008 785; 2011 5227 No I 2.8; 2013 3095 Annex 1 No 3. AS 2017 249 Annex No I]. See now: FA of 20 June 2014 (SR 817.0). Para. 1 — SR 631.0 Para. 1 — Amended by No I of the FA of 22 June 2007, in force since 1 Jan. 2

Art. 183 Mandatory provision of information

Every individual is obliged to provide the relevant agencies with the information requested in particular, as well as presenting proof and handing it over for examination as required by the implementation of this Act, its implementing provisions or the rulings based thereon; moreover, every individual must allow inspectors access to the business and to commercial and storage premises, to inspect the accounts and correspondence and to take samples.

Art. 183 — Amended by No I of the FA of 22 March 2013, in force since 1 Jan. 2014 (AS 2013 3463, 3863; BBl 2012 2075).

Art. 184 Administrative assistance between the authorities

The FOAG and the federal, cantonal and local authorities shall provide mutual support and exchange all the information required for fulfilling their tasks.

Art. 184 — Amended by No I of the FA of 22 March 2013, in force since 1 Jan. 2014 (AS 2013 3463, 3863; BBl 2012 2075).

Art. 185 Data on implementation, monitoring and assessments

1 In order to create the essential basis for implementing the Act and for monitoring its effect, the Confederation shall collect and record data on certain sectors and on individual businesses concerning: a. the conduct of agricultural policy measures; b. the assessment of the economic situation in the agricultural sector; c. the monitoring of the market situation; d. the assessment of the effects of agriculture on the natural heritage and the maintenance of farmland. 1bis It shall monitor the economic, ecological and social situation in the agricultural sector and the public services provided by agriculture. [tab] 1ter It shall assess the effectiveness of the measures under this Act. 2 The Federal Council may issue directives in order to harmonise data collection and data recording and to standardise statistics on agriculture. 3 The Federal Council may mandate federal or cantonal authorities or other agencies to collect data and keep a register. Remuneration is paid for this service.

Art. 185 — 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. 1bis — 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. 1bis 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. 3bis — Inserted by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955). Para. 56 — Ins

Art. 186 Advisory committee

The Federal Council shall set up a standing advisory committee comprising at the most 15 members who advise the Council on the implementation of this Act.

Chapter 2 Transitional Provisions

Art. 187 Transitional provisions to the Federal Act on Agriculture

1 The provisions that have been repealed remain applicable to all facts occurring during their period of validity, with the exception of procedural regulations. 2–9 … 10 The requirement regarding proof of ecological performance under Article 70 paragraph 2 comes into force five years at the latest after this Act comes into force. 11–13 … 14 The Federal Council shall stipulate requirements concerning the repayment of the loan to the joint organisation under Article 1 paragraph 2 of the Cheese Marketing Act of 27 June 1969. The Departments and Offices designated by the Federal Council are authorised to issue instructions to the joint organisation regarding the realisation of assets and the settlement of liabilities; contributions from the Confederation are conditional on compliance with such instructions. The choice of liquidators by the joint organisation must be approved by the Department designated by the Federal Council. The Confederation shall cover the cost of liquidation of the jo

Art. 187 — Inserted by No III of the FA of 24 March 2000 on the repeal of the Grain Act, in force since 1 July 2001 (AS 2001 1539; BBl 1999 9261). Para. 29 — Repealed by No I of the FA of 22 March 2013, with effect from 1 Jan. 2014 (AS 2013 3463, 3863; BBl 2012 2075). Para. 1113 — Repealed by No I of the FA of 22 March 2013, with effect from 1 Jan. 2014 (AS 2013 3463, 3863; BBl 2012 2075). Para. 14 — [AS 1969 1046; 1991 857 Annex No 32; 1993 901 Annex No 28; 1998 3033 Annex letter n] Para. 15 —

Art. 187a

Inserted by No III of the FA of 24 March 2000 on the Repeal of the Grain Act (AS 2001 1539; BBl 1999 9261). 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. 187b Transitional provisions to the Amendment 20 June 2003

1–4 … 5 Article 138 comes into force only when the new Vocational and Professional Education and Training Act of 13 December 2002 comes into force. 6 and 7 … 8 …

Art. 187b — Inserted by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4217; BBl 2002 4721, 7234). Para. 14 — Repealed by No I of the FA of 22 March 2013, with effect from 1 Jan. 2014 (AS 2013 3463, 3863; BBl 2012 2075). Para. 5 — SR 412.10 Para. 67 — Repealed by No I of the FA of 22 March 2013, with effect from 1 Jan. 2014 (AS 2013 3463, 3863; BBl 2012 2075). Para. 8 — Inserted by No I 15 of the FA of 19 Dec 2003 on the 2003 Programme for Reducing the Federal Budget (AS 200

Art. 187c Transitional provisions to the Amendment of 22 June 2007

1 Wine produced in and before 2007 may be processed and labelled under the current legislation. It may be sold to consumers until supplies are exhausted. 2 …

Art. 187c — Inserted by No I of the FA of 22 June 2007, in force since 1 Jan. 2008 (AS 2007 6095; BBl 2006 6337). Para. 2 — 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. 187d Transitional provisions to the Amendment of 22 March 2013

1 The Federal Council shall submit a report by 30 June 2016 that includes a method for assessing the use of genetically modified plants. This report must include an opinion on whether genetically modified plants offer advantages for producers, consumers and the environment in comparison with standard agricultural products and aids to production. On the basis of the method presented, the Federal Council shall draw up a cost-effectiveness balance sheet for Switzerland of the genetically modified plants that exist when the amended version of this Act of 22 March 2013 comes into force. 2 In consultation with the cantons and the relevant sectors, the Federal Council shall set out the aims and strategies for recognising and monitoring resistance to antibiotics and the reduction of the use of antibiotics by the end of 2014. 3 When drawing up the aims and strategies mentioned in paragraph 2, the following in particular must be taken into account: a. the environmental aims of agriculture; b. in

Art. 187d — 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 — BBl 2013 3463

Art. 187e Transitional provisions to the Amendment of 16 June 2023

1 The biodiversity subsidies under Article 73 paragraph 1 letter b of the previous law, the landscape quality subsidies under Article 74 of the previous law and the resource efficiency subsidies under Article 76 of the previous law shall be paid out for a maximum of two years after the Amendment of 16 June 2023 comes into force. 2 The previous law applies to procedures against decisions by appeals commissions of certification or inspection bodies (as described in Article 166 paragraph 1) that are pending when this Amendment enters into force.

Art. 187e — Inserted by No I of the FA of 16 June 2023, in force since 1 Jan. 2025, para. 1 in force since 1 Jan. 2026 (AS 2024 623; BBl 2020 3955).

Chapter 3 Referendum and Commencement

Art. 188

1 This Act is subject to an optional referendum. 2 The Federal Council decides on the commencement date. 3 Articles 40–42 apply until 31 December 2008. Commencement date: 1 January 1999 Articles 28–45 and Annex letters l–n: 1 May 1999 Article 160 paragraph 7 and Annex No 7: 1 August 1999

Para. 3 — Amended by No I of the FA of 22 June 2007, in force since 1 Jan. 2008 (AS 2007 6095; BBl 2006 6337). Para. 3 — FCD of 7 Dec. 1998.