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 Investigation Procedures
Art. 25
1 The competent federal authority shall publish recommendations on the procedure for taking samples and analysing foodstuffs and consumer products. 2 The Federal Council may declare certain sampling and analysis procedures to be mandatory.
Section 2 Obligations for Companies
Art. 26 Self-supervision
1 Any person who manufactures, handles, stores, transports, places on the market, imports, exports or carries in transit foodstuffs or consumer products must ensure that the statutory requirements are complied with. He or she is obliged to ensure self-supervision. 2 Official inspection does not imply an exemption from the obligation to carry out self-supervision. 3 The Federal Council shall regulate the details of self-supervision and its documentation. It shall provide for simplified self-supervision and simplified written documentation for small businesses. 4 It may stipulate requirements for the specialist knowledge of persons responsible for self-supervision.
Art. 27 Guaranteeing health protection
1 Any person who discovers that the foodstuffs or consumer products that they placed on the market may constitute a health risk must ensure that consumers are not harmed. 2 The Federal Council may provide that findings in terms of paragraph 1 must be reported to the competent authorities. 3 It shall regulate the withdrawal and recall of foodstuffs and consumer products that may pose a health risk. 4 Holders and purchasers of animals intended for slaughter must notify the official veterinarian or official assistant in the public veterinary service if there are health concerns concerning an animal or if an animal has been treated with therapeutic products.
Art. 28 Traceability
1 It must be possible to trace the following at all levels of production, processing and distribution: a. foodstuffs, animals intended for food production and all substances pertaining thereto or which may be expected to be processed into a foodstuff; b. food contact materials; c. cosmetics; d. toys. 2 Companies must set up systems and procedures for this purpose so that at the authorities’ request, they can provide the information on suppliers and companies to whom they supplied their products. 3 The Federal Council may extend the traceability obligation to cover further consumer products if Switzerland is required to do so under an international treaty.
Art. 29 Obligation to assist and to provide information
1 Any person who manufactures, handles, stores, transports, places on the market, imports, exports or carries in transit foodstuffs or consumer products, must assist the enforcement authorities free of charge in the conduct of their work, and must on request provide samples of products on offer and the required information. 2 Any person who slaughters animals must make available, free of charge, the premises, equipment and auxiliary personnel which are necessary for inspecting the animals before their slaughter and for inspecting the meat.
Section 3 Official Inspection
Art. 30 Inspection and taking samples
1 Risk-based official inspections shall be carried out at each stage of the production, processing and distribution of foodstuffs, of animals kept for foodstuffs production and of consumer products. 2 The enforcement authorities shall verify compliance with the provisions of the legislation on foodstuffs. In particular they shall verify whether: a. the regulations on self-supervision are being complied with and persons who handle foodstuffs or consumer products observe the hygiene regulations and possess the required specialist knowledge; b. the foodstuffs, consumer products, rooms, equipment, vehicles, manufacturing process, animals, plants and soil used for agriculture comply with the provisions of the legislation on foodstuffs. 3 In order to verify compliance with the provisions of the legislation on foodstuffs, the enforcement authorities may take samples, inspect documents and other records and make copies thereof. 4 In connection with their duties, they shall be given access to l
Art. 31 Inspection of animals before slaughter and meat inspection
1 The official veterinarian or the official assistant in the public veterinary service under their supervision shall inspect the following animals before slaughter and the meat after slaughter: a. animals of the equine, bovine, ovine, caprine and porcine species; b. wild animals reared as productive livestock. 2 He or she shall decide on how the meat is used thereafter. 3 The Federal Council may provide for: a. the inspection of other animal species before slaughter and the inspection of the meat; b. the inspection of the meat of animals killed as game. 4 It shall regulate: a. the procedure for the inspection of animals before slaughter; b. the procedure for the meat inspection; c. if applicable the inspection procedure for other animal species.
Art. 32 Inspection results
1 The enforcement authorities shall notify the responsible person at the business of the inspection results in writing. The Federal Council may provide for exceptions for the inspection of animals before slaughter and the inspection of the meat after slaughter. 2 If no complaint has been registered about a sample, the owner may demand a refund of its value, provided the sample is at least equivalent to a certain minimum value. The Federal Council shall determine this minimum value.
Art. 33 Complaints
If the enforcement authority establishes that the statutory requirements have not been met, they shall file a complaint.
Section 4 Measures
Art. 34 Products in respect of which a complaint has been filed
1 If the enforcement authorities have filed a complaint about a product, they shall order the measures required to restore it to its lawful state. 2 They may order that the product complained of: a. may be used and whether such use is subject to conditions; b. must be disposed of by the company at its expense; c. must be confiscated, rendered harmless, recycled in a harmless manner or disposed of at the expense of the company. 3 They may require the responsible person at the business: a. to investigate the deficiencies; b. to take suitable measures; c. to inform the enforcement authorities of the measures taken. 4 If requirements are repeatedly disregarded, the enforcement authorities may order the disposal or the forfeiture of the product. 5 In relation to imports, the enforcement authorities may also order that a product complained of: a. be refused entry; b. be given to the competent cantonal enforcement authority for further testing; c. be sent back, provided the person responsible
Art. 35 Complaints not related to products
1 In the case of complaints that are not related to products, the enforcement authorities may require the responsible person at the business: a. to investigate the causes of the defects; b. to take suitable measures to rectify the defects; c. to inform the enforcement authorities of the results of the investigation into the causes and of the measures taken. 2 They may permanently or temporarily prohibit manufacturing processes, the slaughter of animals or the use of facilities, premises, equipment, vehicles and agricultural land. 3 If the conditions at a business present a direct and serious risk to public health, the enforcement authorities may order its immediate closure.
Art. 36 Precautionary measures
1 The enforcement authorities shall confiscate products that are the cause of a complaint if this is necessary for the protection of consumers or third parties. 2 They may also confiscate products in cases of well-founded suspicion if this appears to be necessary to protect consumers or third parties. 3 The confiscated products may be placed in official storage. 4 Confiscated products that cannot be stored should be used or disposed of, taking account of the interests of those involved.
Art. 37 Criminal complaint
1 The enforcement authority shall report any infringement of the provisions of foodstuffs legislation that may be a criminal offence to the prosecution authority. 2 In minor cases, they may decline to report infringements.