PDO/PGI Ordinance
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 5 Entitlement to submit an application for registration
1 Any group of producers that is representative of a product may submit an application for registration to the Federal Office for Agriculture (FOAG). 2 In the case of agricultural products and processed agricultural products, a group is deemed to be representative where: a. its members produce, process and refine at least half of the production volume of the product; b. at least 60% of the producers, 60% of the processors and 60% of the refiners of the product are members thereof; and c. they show that the group is organised on the basis of democratic principles. 3 In the case of plant products and processed plant products, only farmers producing a significant quantity of the raw material shall be taken into account in calculating the 60% referred to in paragraph 2 letter b. 4 In the case of forestry products and processed forestry products, a group is deemed to be representative where: a. its members produce, process and refine at least half the production volume of the product; b. it
Art. 5 — Amended by No I of the O of 11 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 5445).
Art. 6 Content of the application
1 The application must demonstrate that the requirements of this Ordinance for the protection of the relevant designation of origin or geographical indication have been met. 2 It shall include in particular: a. the name of the applicant group and proof that it is representative; b. the designation of origin or geographical indication to be registered; c. proof that the name to be registered is not a generic name; d. evidence that the product originates in a geographical area in accordance with Article 2 or 3 (history of the product and its traceability); e. evidence demonstrating the link with the geographical environment or geographical origin in accordance with Article 2 or 3 (typical features of the product which derive from the geographically determined natural and human factors «terroir»); f. a description of any relevant local, fair and consistently-applied procedures; g. a summary giving the following information: – name, address and composition of the applicant group, – name of
Art. 6 — Amended by No I of the O of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3903). Para. 2 let. g — Inserted by No I of the O of 14 Nov. 2007, in force since 1 Jan. 2008 (AS 2007 6109). Para. 3 — Amended by No I of the O of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3903).
Art. 7 Product specification
1 The product specification shall contain the following information: a. the name of the product comprising the designation of origin or the geographical indication; b. the definition of the geographical area; c. a description of the product, in particular its raw materials and its principal physical, chemical, microbiological and organoleptic properties; for forestry products and processed forestry products, it contains a description of the type of wood and the physical or other characteristic properties; d. a description of the production process; e. the designation of one or more certification bodies and the minimum requirements for the control procedures; f. ... 2 It may also contain the following information: a. specific elements of the labelling; b. a description of any specific shape of the product; c. elements of the packaging, where the applicant group is able to justify that the packaging is necessary in order to ensure product quality, as well as to guarantee traceability or
Para. 1 let. c — Amended by No I of the O of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281). Para. 1 let. e — Amended by No I of the O of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3903). Para. 1 let. f — Repealed by No I of the O of 14 Nov. 2007, with effect from 1 Jan. 2008 (AS 2007 6109). Para. 2 let. d — Inserted by No I of the O of 1 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 697). Para. 2 let. d — Inserted by No I of the O of 26 Nov. 2003 (AS 2003 4867). Amended by No
Art. 8 Opinions
FOAG shall call upon the relevant cantonal and federal authorities for their opinions.
Art. 8 — Amended by Annex No 5 of the O of 14 Dec. 2018, in force since 1 Feb. 2019 (AS 2019 155).
Art. 8a Procedure for the registration of names from other countries
1 Where the registration application is submitted by a group from a third country, it must meet the requirements laid down in Articles 5 to 7 and contain proof that the name in question is protected in its country of origin. 2 In the case of a name designating a trans-border geographical area or a traditional name connected to a trans-border geographical area, several groups may submit a joint application. 3 The application shall be submitted to FOAG in one of the three official languages, or accompanied by a certified translation into one of these languages, either by the applicant group directly or through the authorities of the third country in question. Where the application is written in another language, FOAG may order a translation to be provided. 4 Where the original name is not written in letters of the Latin alphabet, it must also be transcribed into such letters. 5 FOAG shall obtain the opinion of the relevant federal authorities.
Art. 8a — Inserted by No I of the O of 14 Nov. 2007, in force since 1 Jan. 2008 (AS 2007 6109). Para. 5 — Amended by Annex No 5 of the O of 14 Dec. 2018, in force since 1 Feb. 2019 (AS 2019 155).
Art. 9 Decision and publication
1 FOAG shall decide whether the application meets the requirements of Articles 2–7. 2 If FOAG approves the application, it shall publish its decision together with the most important elements of the product specification in the Swiss Official Gazette of Commerce.
Para. 1 — Amended by Annex No 5 of the O of 14 Dec. 2018, in force since 1 Feb. 2019 (AS 2019 155).
Art. 10 Objections
1 The following may object to the registration: a. persons asserting a legitimate interest; b. the cantons, provided the case relates to a Swiss name, a trans-border name in terms of Article 8a paragraph 2 or a foreign name that is the same as or similar to that of a cantonal geographical unit. 2 An objection must be submitted in writing to FOAG within three months of publication of the registration application. 3 In particular, the following grounds for objection may be asserted: a. the name does not meet the requirements of Article 2 or 3; b. the name is a generic name; c. the group is not representative; d. the proposed registration would be disadvantageous to a trademark or to an entirely or partly homonymous name in longstanding use.
Para. 1 let. b — Amended by No I of the O of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3903). Para. 3 let. d — Amended by No I of the O of 26 Nov. 2003, in force since 1 Jan. 2004 (AS 2003 4867).
Art. 11 Decision regarding an objection
FOAG shall take a decision regarding an objection after hearing the relevant cantonal and federal authorities.
Art. 11 — Amended by Annex No 5 of the O of 14 Dec. 2018, in force since 1 Feb. 2019 (AS 2019 155).
Art. 12 Registration and publication
1 The name shall be entered in the Register of Designations of Origin and Geographical Indications where: a. there has been no objection within the time limit provided; b. any objections and appeals have been rejected. 2 Registration shall be published in the Swiss Official Gazette of Commerce.
Para. 1 let. b — Amended by No I of the O of 14 Nov. 2007, in force since 1 Jan. 2008 (AS 2007 6109).
Art. 13 Register
1 The Register of Designations of Origin and Geographical Indications shall be maintained by FOAG. 2 The Register shall contain: a. the name, the designation «PDO» (Protected Designation of Origin) or «PGI» (Protected Geographical Indication) and its number; b. the name of the group; c. the product specification; d. the date of registration; e. the date of publication of the registration. 3 Anyone may consult the Register and request extracts from it.
Art. 14 Applications to amend the product specification
1 For amendments to the product specification, the same procedure applies as for registrations. 2 The following amendments to the product specification shall be decided under the simplified procedure: a. inclusion of new certification bodies or deletion of existing bodies; b. amendment of specific elements of the labelling; c. amendment of the description of the geographical area due to changes in the names of the geographical units, in particular in the case of commune mergers. 3 In the simplified procedure, opinions need not be obtained in accordance with Article 8, the decision need not be published in accordance with Article 9, and the objection procedure under Articles 10 and 11 does not apply.
Para. 2 let. c — Amended by No I of the O of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3903). Para. 3 — Inserted by No I of the O of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3903).