PDO/PGI Ordinance
Amended by No I of the O of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 18 Designation of certification body
1 Any person who uses a designation of origin or geographical indication must entrust the certification bodies listed in the product specification with control of the production, processing or refining of the product in question. 1bis … 2 The EAER shall lay down the minimum requirements for control procedures.
Para. 1 — Amended by No I of the O of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281). Para. 1bis — Inserted by No I of the O of 11 Nov. 2020 (AS 2020 5445). Repealed by No I of the O of 3 Nov. 2021, with effect from 1 Jan. 2022 (AS 2021 681). Para. 2 — Inserted by No I 10 of the O of 7 Dec. 1998 (AS 1999 303). Amended by No I of the O of 1 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 697)
Art. 19 Requirements and conditions for certification bodies
1 Certification bodies that wish to carry out an activity pursuant to this Ordinance require authorisation from FOAG. 2 FOAG shall grant authorisation in response to a request, provided the certification body: a. is accredited for its activities in accordance with the Accreditation and Designation Ordinance of 17 June 1996 (AccDO). The scope of accreditation in respect of each name for which the certification body carries out control procedures must be extended to include the product in question; b. has an organisational structure and a certification and monitoring procedure (standard control procedure) that sets out in particular the criteria to which the businesses that it controls are subject and a suitable plan for the measures to be taken in the event that irregularities are identified; c. offers appropriate guarantees of objectivity and impartiality and has the qualified personnel and resources required to carry out its duties; and d. has and applies written procedures and templa
Art. 19 — Amended by No I of the O of 11 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 5445). Para. 2 let. a — SR 946.512 Para. 2 let. d let. 4 — Amended by Annex 2 No II 125 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568). Para. 2 let. d let. 4 — SR 235.1 Para. 3 — Amended by No I of the O of 1 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 697).
Art. 19a Foreign certification bodies
1 Following consultation with the Swiss Accreditation Service, FOAG shall recognise foreign certification bodies as practising in Switzerland if the latter are able to show that they hold qualifications equivalent to those required in Switzerland. 2 The foreign certification bodies must in particular: a. meet the requirements of Article 19 paragraph 2; b. be familiar with the relevant Swiss legislation; c. have their place of business in Switzerland. 3 The request for recognition must demonstrate that the requirements set out in paragraphs 1 and 2 are met. 4 Article 18 (3) of the Federal Act of 6 October 1995 on Technical Barriers to Trade is reserved. 5 FOAG may make recognition subject to a time limit and conditions. In particular, the certification body may be required: a. to tolerate and support FOAG’s monitoring of activities carried out in Switzerland; b. to report in detail to FOAG on activities in Switzerland; c. to use data and information obtained through control activities e
Art. 19a — Inserted by No I of the O of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281). Para. 1 — Amended by No I of the O of 11 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 5445). Para. 4 — SR 946.51
Art. 20 Notification of irregularities
The certification bodies shall notify FOAG, the cantonal chemist and the groups of any irregularities they find when carrying out control procedures.
Art. 20 — Amended by No I of the O of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3903).
Art. 21 Implementation by FOAG
1 FOAG shall implement this Ordinance in accordance with the legislation on agriculture, unless foodstuffs are concerned. 2 It is further required: a. to maintain a list of accredited or recognised certification bodies for matters of relevance to this Ordinance; b. to record established infringements and the penalties imposed; c. to supervise the certification bodies (Art. 19 and 19a). 3 It may consult specialists.
Art. 21 — Amended by No I of the O of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).
Art. 21a Monitoring the certification bodies
1 FOAG’s monitoring activities include in particular: a. assessing the internal procedures of certification bodies for controlling, managing and auditing control dossiers with regard to compliance with the requirements of this Ordinance; b. reviewing the procedures in cases of non-conformity and for objections and appeals. 2 FOAG shall coordinate its monitoring activities with the activities of the SAS. 3 FOAG shall ensure as part of its monitoring activities that the requirements of Articles 19 and 19a paragraph 2 are met. 4 ... 5 It may issue directives to the certification bodies. The directives shall also include a catalogue on the harmonisation of procedures of certification bodies in the event of irregularities.
Art. 21a — Inserted by No I of the O of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281). Para. 4 — Repealed by No I of the O of 11 Nov. 2020, with effect from 1 Jan. 2021 (AS 2020 5445).
Art. 21b Annual inspection of the certification bodies
1 FOAG shall conduct an annual inspection of certification bodies accredited in Switzerland under Articles 19 and 19a unless this is guaranteed as part of accreditation. 2 In doing so, FOAG shall verify in particular whether the certification body has and applies written procedures and templates for the following duties: a. devising a risk-based strategy for the control of businesses; b. exchanging information with other certification bodies or their third-party agents and with the authorities entrusted with enforcement; c. applying and following up the measures taken under Article 21a paragraph 5 in the event of irregularities or infringements; d. complying with the provisions of the Data Protection Act of 25 September 2020.
Art. 21b — Inserted by No I of the O of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281). Para. 2 let. d — Amended by Annex 2 No II 125 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568). Para. 2 let. d — SR 235.1
Art. 21c Enforcement by the cantons
1 The cantonal food inspection agencies shall enforce Section 3 in accordance with the legislation on foodstuffs, subject to Article 21. 2 They shall report any irregularities to FOAG and the certification bodies.
Art. 21c — Inserted by No I of the O of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).