Organic Farming Ordinance
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 Enforcement
Art. 31 FOAG
1 FOAG shall implement this Ordinance subject to Article 34. If no foodstuffs are involved, FOAG shall implement this Ordinance in accordance with the legislation on agriculture. 2 FOAG: a. shall keep a list of names and addresses of the operators subject to the inspection procedure; b. shall keep a list of certification bodies accredited or approved within the scope of this Ordinance; c. shall keep a record of any infringements found and penalties applied; d. shall inform the cantonal authorities concerned and the certification bodies of measures taken under Article 169 of the Agriculture Act; e. shall supervise the certification bodies (Art. 32 and 33). 3 It may call in experts.
Art. 31 — Originally in Chapter 6. Amended by No I of the O of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3969).
Art. 32 Supervision of the certification bodies
1 The supervisory activities of FOAG shall include in particular: a. an assessment of whether the internal procedures of the certification bodies for inspections, administration and examination of inspection dossiers comply with the requirements of this Ordinance; b. checking the procedure in cases of non-conformity and for objections and complaints. 2 FOAG shall coordinate its supervisory activities with the activities of the Swiss Accreditation Agency (SAA). 3 In terms of its supervisory activities, FOAG shall ensure that the requirements laid down in Articles 28 and 29 paragraph 2 are fulfilled. 4 ... 5 It may draw up instructions for the certification bodies. The instructions shall also include a catalogue to harmonise action taken by the certification bodies in the event of irregularities.
Art. 32 — Originally in Chapter 7. Amended by No I of the O of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3969). Para. 4 — Repealed by No I of the O of 18 Oct. 2017, with effect from 1 Jan. 2018 (AS 2017 6083).
Art. 33 Annual inspection of the certification bodies
FOAG shall conduct an annual inspection of the certification bodies authorised in Switzerland under Articles 28 and 29 if this is not provided for as part of accreditation. FOAG shall check in particular: a. whether the certification body’s standard inspection programme laid down in Article 28 paragraph 2 is complied with; b. whether the certification body fulfils the requirements laid down in Article 28 paragraph 3; c. whether the certification body has written methods and procedures for the following tasks and applies them: 1. annual risk assessment under Article 30abis paragraph 1, 2. establishment of a risk-based sampling strategy, sample taking and laboratory analysis of samples, 3. information exchange with other certification bodies or third parties commissioned by them and with the authorities responsible for enforcement, 4. conduct of initial and follow-up inspections of the operators subject to their inspections, 5. application and pursuance of measures taken under Article 32
Art. 33 — Amended by No I of the O of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3969). let. c let. 6 — Amended by Annex 2 No II 126 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568). let. c let. 6 — SR 235.1
Art. 33a Information system for organic seeds and organic plant propagating material
1 The FiBL operates an information system for organic seeds and organic plant propagating material, with the exception of seedlings. The information system makes it possible to: register organic seeds and plant propagating material at the supplier’s request; provide evidence of availability of organic seeds and plant propagating material; categorise the species, sub-species and uses according to the degree of their availability; publish a list of species, sub-species or varieties for which a sufficient quantity of organic seeds or organic plant propagating material is available; apply for exemption permits for non-organic seeds and non-organic plant propagating material; and record the quantity and varieties for which an exemption permit for non-organic seeds and non-organic plant propagating material has been issued. 2 Access to the information system and downloading of information on the availability are free of charge. 3 In particular, the EAER may regulate: the conditions for entry
Art. 33a — Inserted by No I of the O of 26 Nov. 2003 (AS 2003 5347). Amended by No I of the O of 6 Nov. 2024, in force since 1 Jan. 2025 (AS 2024 687).
Art. 34 Cantons
1 The cantonal food inspection agencies shall implement this Ordinance in accordance with the legislation on foodstuffs. 2 The cantonal veterinary agencies shall check compliance with the provisions of this Ordinance in slaughterhouses and abattoirs as part of inspections laid down under veterinary law. 3 If the cantonal food inspection agencies or the cantonal veterinary agencies note infringements, they shall inform FOAG and the certification bodies. 4 The relevant enforcement agencies shall inform the certification bodies and the cantonal food inspection agencies of any infringements of the provisions of the legislation on animal protection, waters protection, environmental protection and nature and cultural heritage. 5 Failure to comply with the provisions of the legislation on animal protection, waters protection, environmental protection and nature and cultural heritage must be established by means of a legally-binding decision.
Art. 34 — Amended by No I of the O of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3969).
Art. 34a Enforcement for animal feedingstuffs
1 FOAG shall be responsible for enforcing the provisions of this Ordinance with regard to animal feedingstuffs at all stages of animal feedingstuffs production, processing and marketing as part of regulation under Article 70 of the Ordinance on Animal Feedingstuffs of 26 October 2011. 2 If FOAG notes infringements with regard to animal feedingstuffs, it shall take the necessary administrative measures. It shall inform the competent cantonal food inspection agency and the certification bodies.
Art. 34a — Inserted by No I of the O of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3969). Para. 1 — SR 916.307
Section 2 Amendment of Current Legislation
Art. 35
...
The amendments may be consulted under AS 1997 2498.
Section 3 Transitional Provisions
Art. 36
Repealed by No I of the O of 26 Nov. 2003, with effect from 1 Jan. 2004 (AS 2003 5347).
Art. 36a
Inserted by No I of the O of 23 Aug. 2000 (AS 2000 2491). Repealed by No I of the O of 26 Nov. 2003, with effect from 1 Jan. 2004 (AS 2003 5347).
Art. 37
Repealed by No I of the O of 26 Nov. 2003, with effect from 1 Jan. 2004 (AS 2003 5347).
Art. 38 Wine growing and plant production
1 Individual parcels of land devoted to wine growing may be managed organically independently from the rest of the holding until 31 December 2008, provided proof of ecological performance in according with Articles 11–25 DPO is provided for the rest of the holding. 1bis Holdings which, on the basis of paragraph 1 of the transitional provisions, managed individual wine-growing parcels organically independently of the rest of the holding in 2008, may continue to manage these parcels organically on the same conditions until 31 December 2011. 2 ... 3 The certification body shall take appropriate inspection measures, particularly with regard to flows of goods and residues of unauthorised agrochemicals. The EAER may lay down minimum requirements for these inspection measures. 4 The certification body shall notify FOAG of the holdings under paragraph 1 immediately following initiation of the inspection procedure.
Art. 38 — Amended by No IV 59 of the O of 22 Aug. 2007 on the Formal Revision of Federal Legislation, in force since 1 Jan. 2008 (AS 2007 4477). Para. 1 — SR 910.13 Para. 1 — Amended by Annex 9 No 14 of the Direct Payments Ordinance of 23 Oct. 2013, in force since 1 Jan. 2014 (AS 2013 4145). Para. 1bis — Inserted by No I of the O of 14 Nov. 2007, in force since 1 Jan. 2008 (AS 2007 6181). Para. 2 — Repealed by No IV 59 of the O of 22 Aug. 2007 on the Formal Revision of Federal Legislation, with
Art. 39 Seeds and vegetative reproduction material
Seeds and plant propagating material which were ordered before 1 January 2004 in derogation from Article 13a may still be used after this date.
Art. 39 — Amended by No I of the O of 26 Nov. 2003, in force since 1 Jan. 2004 (AS 2003 5347).
Art. 39a and 39b
Inserted by No I of the O of 23 Aug. 2000 (AS 2000 2491). Repealed by No I of the O of 26 Nov. 2003, with effect from 1 Jan. 2004 (AS 2003 5347).
Art. 39c Compliance with generally recognised rules of stockfarming
Until stockfarming regulations laid down in Article 15 paragraph 3 are enacted, the generally recognised rules of organic farming shall be complied with.
Art. 39c — Inserted by No I of the O of 23 Aug. 2000, in force since 1 Jan. 2001 (AS 2000 2491).
Art. 39d Tethering
1 Goats may be tethered until 31 December 2022 in buildings that already existed before 1 January 2001 provided that: the regulations governing regular outdoor exercise are complied with; and animals are kept in comfortably littered areas and individually managed. 2 ...
Art. 39d — Inserted by No I of the O of 23 Aug. 2000, in force since 1 Jan. 2001 (AS 2000 2491). Para. 1 — Amended by No I of the O of 31 Oct. 2018, in force since 1 Jan. 2019 (AS 2018 4181). Para. 2 — Inserted by No I of the O of 7 Nov. 2001 (AS 2001 3542). Repealed by No I of the O of 30 Oct. 2002, with effect from 1 Jan. 2003 (AS 2002 3731).
Art. 39e
Inserted by No I of the O of 23 Aug. 2000 (AS 2000 2491). Repealed by No IV 59 of the O of 22 Aug. 2007 on the Formal Revision of Federal Legislation, with effect from 1 Jan. 2008 (AS 2007 4477).
Art. 39f
Inserted by No I of the O of 23 Aug. 2000 (AS 2000 2491). Repealed by No I of the O of 23 Nov. 2005, with effect from 1 Jan. 2006 (AS 2005 5527).
Art. 39g
Inserted by No I of the O of 23 Aug. 2000 (AS 2000 2491). Repealed by No IV 59 of the O of 22 Aug. 2007 on the Formal Revision of Federal Legislation, with effect from 1 Jan. 2008 (AS 2007 4477).
Art. 39h Animals from embryo transfer
Animals from embryo transfer which were already kept on the holding before 1 January 2001 may still be kept until their departure according to the provisions of this Ordinance.
Art. 39h — Inserted by No I of the O of 7 Nov. 2001, in force since 1 Jan. 2002 (AS 2001 3542).
Art. 39i
Inserted by No I of the O of 23 Nov. 2005 (AS 2005 5527). Repealed by No I of the O of 26 Oct. 2011, with effect from 1 Jan. 2012 (AS 2011 5309).
Art. 39j Labelling
The following transitional periods apply to the labelling of products: a. Until 31 December 2012, the code number for the certification body under the previous law may be given. Products and packaging may continue to be supplied to consumers from 1 January 2013 until stocks run out. b. Yeast and yeast products may be counted as ingredients of non-agricultural origin until 31 December 2013.
Art. 39j — Inserted by No I of the O of 18 Nov. 2009, in force since 1 Jan. 2010 (AS 2009 6317). let. a — Amended by No I of the O of 27 Oct. 2010, in force since 1 Jan. 2011 (AS 2010 5859).
Art. 39k Labelling of animal feedingstuffs
1 Animal feedingstuffs may be labelled in accordance with existing legislation until 31 December 2014. 2 Existing stocks of animal feedingstuffs on 1 January 2015 which are labelled in accordance with existing legislation may continue to be sold until stocks run out or may be fed to animals until the expiry date.
Art. 39k — Inserted by No I of the O of 31 Oct. 2012, in force since 1 Jan. 2013 (AS 2012 6353).
Art. 39l Transitional provisions to the Amendment of 29 October 2014
If FOAG has issued an individual authorisation under Article 24 of the current legislation, the products may continue to be marketed as organic products until the individual authorisation expires. Applications for an individual authorisation which were received before 31 December 2014 shall be processed under the terms of the current legislation.
Art. 39l — Inserted by No I of the O of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3969).
Art. 39m Transitional provision to the Amendment of 18 October 2017
1 Until 31 December 2018, certificates of inspection may be issued under the previous law. 2 Entry on the list of recognised certification bodies and inspection authorities in accordance with Article 23a replaces the previous recognition by ruling. 3 The Swiss certification bodies that were already operating under this Ordinance before the Amendment of 18 October 2017 comes into force and which are accredited under Article 28 paragraph 1 letter a are deemed to be licensed as certification bodies under Article 28 paragraph 1.
Art. 39m — Inserted by No I of the O of 18 Oct. 2017, in force since 1 Jan. 2018 (AS 2017 6083).
Art. 39n Transitional provision to the Amendment of 2 November 2022
Until 31 December 2023, certificates may be issued under Article 30ater of the previous law.
Art. 39n — Inserted by No I of the O of 2 Nov. 2022, in force since 1 Jan. 2023 (AS 2022 738).
Art. 39o Transitional provisions to the Amendment of 6 November 2024
1 Until 31 December 2029, notification in accordance with Article 13a paragraph 4 is voluntary for ornamentals, seeds for areas reserved for promoting biodiversity, medicinal, culinary and aromatic herbs, and vegetables. 2 Organic feedingstuffs for pets may be manufactured and labelled in accordance with the previous provisions until 31 December 2025. Stocks available on 31 December 2025 may be supplied until they run out.
Art. 39o — Inserted by No I of the O of 6 Nov. 2024, in force since 1 Jan. 2025 (AS 2024 687).
Section 4 Commencement
Art. 40
This Ordinance comes into force on 1 January 1998.