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 Criminal Law Provisions
Art. 63 Misdemeanours and felonies
1 Any person who intentionally: a. manufactures, handles, stores, transports or places on the market foodstuffs in such a way that, when used normally, they present a risk to health; b. manufactures, handles, stores, transports or places on the market consumer products in such a way that, when used normally or in a reasonably foreseeable manner, they present a risk to health; c. imports, exports or carries in transit foodstuffs or consumer products that present a risk to health; shall be liable to a custodial sentence not exceeding three years or a monetary penalty. 2 If the offender acts in a professional capacity or for personal gain, he or she shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 3 If the offender acts through negligence, he or she shall be liable to a monetary penalty not exceeding 180 daily penalty units. 4 Compliance with the duty to report under Article 27 paragraph 2 may be regarded as grounds for mitigating the penalty.
Art. 64 Contraventions
1 Any person who intentionally: a. manufactures, handles, stores, transports or places on the market foodstuffs or consumer products in such a way that they do not meet the requirements of this Act; b. infringes the regulations on the hygienic handling of foodstuffs and consumer products; c. uses substances or procedures that are banned for agricultural production or for the manufacture of foodstuffs; d. infringes the regulations based on this Act relating to the import, export and transit of foodstuffs and consumer products; e. slaughters animals without authorisation other than in authorised slaughterhouses; f. withholds foodstuffs, consumer products, premises, equipment, facilities, vehicles, manufacturing procedures, animals, plants, or land used for foodstuff production from inspection by the enforcement authorities, or prevents or obstructs controls; g. refuses to provide the enforcement authorities with information required under Article 29 paragraph 1; h. contravenes the regula
Art. 65 Offences in commercial establishments, forgery of documents
The criminal provisions on offences in commercial establishments and on the forgery of documents under Articles 6, 7 and 15 of the Federal Act of 22 March 1974 on Administrative Criminal Law also apply to the cantonal authorities in the field of foodstuffs law.
SR 313.0
Art. 66 Prosecution
1 Offences under this Act shall be prosecuted and judged by the cantons. 2 The federal office responsible for supervision on behalf of the federal government may require the cantonal testing authorities to carry out testing. 3 The FOCBS and the FSVO shall prosecute and judge offences under this Act and its implementing provisions on import, export and transit that fall within their areas of responsibility. 4 Where an offence to be prosecuted by the FOCBS under paragraph 3 also constitutes a different offence to be prosecuted by the FOCBS, the FOCBS shall apply the penalty that the more serious offence carries; it may increase this penalty appropriately.
Para. 3 — Amended by No I 32 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). Para. 4 — Amended by No I 32 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).
Section 2 Rights of Appeal
Art. 67 Objection procedure
Rulings on measures and certificates of conformity under this Act may be challenged by filing an objection with the authority issuing the ruling.
Art. 68 Administration of federal justice
Objection and appeal proceedings against rulings issued by federal authorities are governed by the general provisions on the administration of federal justice.
Art. 69 Cantonal procedure
The cantons shall establish an appeals authority to review decisions on objections under this Act, including discretionary decisions by their enforcement agencies.
Art. 70 Deadlines
1 The deadline for filing an objection amounts to ten days. 2 The deadline for filing for appeals against decisions on objections amounts to thirty days.
Art. 71 Suspensive effect and precautionary measures
1 The authority issuing a ruling or the appeal authority may revoke the suspensive effect of an objection or an appeal. 2 If an objection or an appeal is given suspensive effect, the authority issuing the ruling or the appeal authority may take precautionary measures.