Foodstuffs Act (FSA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Aim and Scope
Art. 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 consumers from deception relating to foodstuffs and consumer products; d. to provide consumers with the information required when purchasing foodstuffs or consumer products.
Art. 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 of foodstuffs and consumer products, their advertising and the information provided about them; c. the import, export and transit of foodstuffs and consumer products. 2 It applies to all production, processing and distribution levels, including primary production, provided they are relevant to the manufacture of foodstuffs or consumer products. 3 This Act applies to imported foodstuffs and consumer products, unless Switzerland is otherwise obliged in terms of an international treaty. 4 This Act does not apply to: a. the primary production of foodstuffs for private domestic use; b. the import of foodstuffs or consumer products for private domestic use; paragraph 5 is reserved; c. the domestic manufacture, handling and storage of foodstuffs and consumer products for private domestic use; d. substanc
Art. 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 destination require or permit otherwise. 3 Foodstuffs that do not comply with the provisions of this Act may only be exported if the authorities of the country of destination agree to the import after being informed in detail of the reasons why the foodstuffs concerned may not be placed on the market in Switzerland, and about the particular circumstances. 4 Consumer products that are intended for export must comply with the provisions applicable in the country of destination. The Federal Council may require otherwise. 5 Foodstuffs and consumer products that are harmful to health may not be exported.
Section 2 Definitions
Art. 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 include: a. drinks, including water, intended for human consumption; b. chewing gum; c. all substances that are intentionally added to foodstuffs in the course of their manufacture, processing or treatment. 3 The following are not foodstuffs: a. animal feed; b. living animals, unless they are prepared for the placing on the market for human consumption; c. plants prior to harvesting; d. medicinal products; e. cosmetics; f. tobacco and tobacco products; g. narcotics and psychotropic substances; h. residues and contaminants.
Art. 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 foodstuffs, 2. that may be expected to come in contact with foodstuffs if used in a normal or reasonably foreseeable manner, or 3. that are intended to transfer their constituents to foodstuffs; b. cosmetics and other articles, substances and preparations which, when used as normally intended, come externally into contact with the body, teeth or mucous membranes; c. utensils and inks for tattooing and permanent make-up; d. articles of clothing, textiles and other articles which, when used as normally intended, come into contact with the body; e. toys and other articles intended to be used by children; f. candles, matches, lighters, and joke and novelty items; g. aerosol dispensers that contain foodstuffs or other consumer products; h. articles and materials intended for the furnishing and decoration of l
Art. 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 supply whether for payment or not, and their offering for supply and their supply itself.