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Ordinance of May 28, 1997, on the Protection of Designations of Origin and Geographical Indications for Agricultural Products, Processed Agricultural Products, Forestry Products and Processed Forestry Products (status as of January 1, 2017)

 CC 910.12

1

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Ordinance on the Protection of Designations of Origin and Geographical Indications for Agricultural Products, Processed Agricultural Products, Forestry Products and Processed Forestry Products1 (PDO/PGI Ordinance)

of 28 May 1997 (Status as of 1 January 2017)

The Swiss Federal Council, based on Article 14 paragraph 1 letter d, 16 paragraphs 1 and 2 and 177 of the Agriculture Act of 29 April 19982 (AgricA) and Article 41a of the Forest Act of 4 October 19913 (ForA)4

ordains:

Section 1 General Provisions

Art. 1 Principle 1 Designations of origin and geographical indications for agricultural products, processed agricultural products, forestry products and processed forestry products (products) that have been entered into the Swiss Federal Register are protected.5 2 They may only be used in accordance with the provisions set out in this Ordinance. They may be used by any operator who markets products that meet the relevant product specification.6 2bis Foodstuffs manufactured from agricultural products are deemed equivalent to processed agricultural products at all stages of the production process.7 3 The Wine Ordinance of 14 November 2007 applies to wine designations8.9

AS 1997 1198 1 Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017

(AS 2016 3281). 2 SR 910.1 3 SR 921.0 4 Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017

(AS 2016 3281). 5 Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017

(AS 2016 3281). 6 Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017

(AS 2016 3281). 7 Inserted by No I of the Ordinance of 14 Nov. 2007, in force since 1 Jan. 2008

(AS 2007 6109).

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Art. 1a10 Forestry products and processed forestry products In this Ordinance:

a. forestry products means round wood; b. processed forestry products means raw or planed sawn wood products.

Art. 211 Designation of origin 1 The name of a region, a place, or, in exceptional cases, a country used to describe a product:12

a. originating in that particular region, place or country; b. the quality or characteristics of which are essentially or exclusively due to a

particular geographical environment with its inherent natural and human fac- tors; and

c. the production, processing and refining of which take place in the defined geographical area

may be registered as a designation of origin. 2 Traditional names for products that meet the conditions set out in paragraph 1 may be registered as designations of origin.13

Art. 314 Geographical indication 1 The name of a region, a place, or, in exceptional cases, a country used to describe a product:15

a. originating in that particular region, place or country; b. which possesses a specific quality, reputation or other characteristics which

can be attributed to that geographical origin; and c. the production, processing or refining of which take place in the defined ge-

ographical area may be registered as a geographical indication.

8 SR 916.140 9 Amended by No I of the Ordinance of 14 Nov. 2007, in force since 1 Jan. 2008

(AS 2007 6109). 10 Inserted by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017

(AS 2016 3281). 11 Amended by No I of the Ordinance of 14 Nov. 2007, in force since 1 Jan. 2008

(AS 2007 6109). 12 Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017

(AS 2016 3281). 13 Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017

(AS 2016 3281). 14 Amended by No I of the Ordinance of 14 Nov. 2007, in force since 1 Jan. 2008

(AS 2007 6109). 15 Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017

(AS 2016 3281).

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2 Traditional names for products that meet the conditions set out in paragraph 1 may be registered as geographical indications.16

Art. 4 Generic name 1 A generic name may not be registered as a designation of origin or geographical indication. 2 A generic name means the name of a product which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of the product. 3 To decide whether or not a name has become generic, account shall be taken of all relevant factors, in particular the opinions of producers and consumers, especially those in the region from which the name originates.17

Art. 4a18 Homonymous names 1 Where an application for registration concerns a name homonymous with a name that has already been registered, and where the homonymous name to be registered leads the public to assume that the products come from a different region or a differ- ent place, that name may not be registered even if it is the correct name of the region or place that the products come from.19 2 There must be a clear distinction between use of the homonymous name registered subsequently and use of the name already on the register, so as to ensure that the producers concerned are treated appropriately and consumers are not misled.

Art. 4b20 Name of a plant variety or animal breed 1 A name may not be registered as a designation of origin or a geographical indica- tion where it corresponds to the name of a plant variety or an animal breed and is likely to mislead consumers as to the true origin of the product. 2 Any danger of misleading consumers is in particular excluded where the name is homonymous with a local plant variety or animal breed that has not left its territory of origin or where the name of the plant variety or animal breed can be changed.

16 Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).

17 Amended by No I of the Ordinance of 14 Nov. 2007, in force since 1 Jan. 2008 (AS 2007 6109).

18 Inserted by No I of the Ordinance of 26 Nov. 2003, in force since 1 Jan. 2004 (AS 2003 4867).

19 Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).

20 Inserted by No I of the Ordinance of 14 Nov. 2007, in force since 1 Jan. 2008 (AS 2007 6109).

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Section 2 Registration Procedure

Art. 5 Entitlement to submit an application for registration 1 Any group of producers that is representative of a product may submit an applica- tion for registration to the Federal Office for Agriculture (FOAG21). 1bis A group is deemed to be representative where:

a.22 its members produce, process and refine at least half 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.23 1ter 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. its members represent at least 60% of the forest area and 60% of the proces- sors; and

c. they show that the group is organised on the basis of democratic principles.24 2 In the case of designations of origin, the group must comprise producers from all production stages, and specifically for each product:

a. those that produce the raw materials; b. those that process the product; c. those that refine it.

Art. 6 Content of the application25 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;

21 Term amended by No I of the Ordinance of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3903). This amendment has been made throughout the text.

22 Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).

23 Inserted by No I of the Ordinance of 14 Nov. 2007, in force since 1 Jan. 2008 (AS 2007 6109).

24 Inserted by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).

25 Amended by No I of the Ordinance of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3903).

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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 geo-

graphical 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.26 a summary giving the following information:

– name, address and composition of the applicant group, – name of the product, – protection applied for, – type of product in question, – proof that the applicant group is representative, – proof that it is not a generic name, – description of the product’s history, – the typical characteristics of the product derived from the «terroir», – description of the local, fair and consistently-applied procedures, – the most important elements of the product’s specification (geograph-

ical area, description of the product and its main characteristics, de- scription of the production method, certification body, labelling and traceability).

3 The application must be accompanied by the product specification and proof that the application has been approved by the representatives’ meeting of the group.27

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 geo- graphical indication;

b. the definition of the geographical area; c.28 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;

26 Inserted by No I of the Ordinance of 14 Nov. 2007, in force since 1 Jan. 2008 (AS 2007 6109).

27 Amended by No I of the Ordinance of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3903).

28 Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).

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e.29 the designation of one or more certification bodies and the minimum re- quirements for the control procedures;

f.30 … 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 control in the defined geographical area.31

Art. 8 Opinions of other bodies 1 The FOAG shall obtain the opinion of the Commission for Designations of Origin and Geographical Indications (Commission, Art. 22). 2 It shall also call upon the relevant cantonal and federal authorities for their opin- ions.

Art. 8a32 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 the FOAG in one of the three official lan- guages, 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, the 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 The FOAG shall obtain the opinion of the Commission and the relevant federal authorities.

29 Amended by No I of the Ordinance of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3903).

30 Repealed by No I of the Ordinance of 14 Nov. 2007, with effect from 1 Jan. 2008 (AS 2007 6109).

31 Inserted by No I of the Ordinance of 26 Nov. 2003 (AS 2003 4867). Amended by No I of the Ordinance of 14 Nov. 2007, in force since 1 Jan. 2008 (AS 2007 6109).

32 Inserted by No I of the Ordinance of 14 Nov. 2007, in force since 1 Jan. 2008 (AS 2007 6109).

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Art. 9 Decision and publication 1 The FOAG shall decide whether the application meets the requirements of Articles 2–7; in particular, it shall take into consideration the opinion of the Commission. 2 If the 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.

Art. 10 Objections 1 The following may object to the registration:

a. persons asserting a legitimate interest; b.33 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 the 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.34 the proposed registration would be disadvantageous to a trademark or to an

entirely or partly homonymous name in longstanding use.

Art. 1135 Decision regarding an objection The FOAG shall take a decision regarding an objection after hearing the Commis- sion and the relevant cantonal and federal authorities.

Art. 12 Registration and publication 1 The name shall be entered in the Register of Designations of Origin and Geograph- ical Indications where:

a. there has been no objection within the time limit provided; b.36 any objections and appeals have been rejected.

2 Registration shall be published in the Swiss Official Gazette of Commerce.

33 Amended by No I of the Ordinance of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3903).

34 Amended by No I of the Ordinance of 26 Nov. 2003, in force since 1 Jan. 2004 (AS 2003 4867).

35 Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).

36 Amended by No I of the Ordinance of 14 Nov. 2007, in force since 1 Jan. 2008 (AS 2007 6109).

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Art. 13 Register 1 The Register of Designations of Origin and Geographical Indications shall be maintained by the 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 Where the group applies to include new or to delete previous certification bodies, the FOAG shall decide without applying the registration procedure. 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 mer- gers.37

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.38

37 Amended by No I of the Ordinance of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3903).

38 Inserted by No I of the Ordinance of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3903).

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Section 2a Cancellation Procedure39

Art. 1540 1 The FOAG shall cancel the registration of a protected indication:

a. on request, where the protected name is no longer used or where all users and the relevant cantons are no longer interested in maintaining the registra- tion;

b. if it is established that compliance with the product specification of the pro- tected name is no longer ensured for good reason.

c.41 i fit is no longer protected in its country of origin in accordance with Arti- cle 8a.

2 In the case of a Swiss name or a trans-border name in terms of Article 8a para- graph 2, the FOAG shall consult the cantonal authorities, the federal authorities and the Commission in advance. It shall hear the parties pursuant to Article 30a of the Federal Act of 20 December 196842 on Administrative Procedure.43 3 Cancellation of the registration shall be published in the Swiss Official Gazette of Commerce.

Section 3 Protection

Art. 1644 Unlawful use of the designations «AOC», «PDO» or «PGI» or similar designations

1 The designations «Registered Designation of Origin», «Protected Designation of Origin» and «Protected Geographical Indication» and their corresponding abbrevia- tions (AOC, PDO, PGI) may not be used for products whose name has not been registered in accordance with this Ordinance.45 2 The use of designations which are similar to those under paragraph 1 or misleading is also prohibited.

39 Inserted by No I of the Ordinance of 26 Nov. 2003, in force since 1 Jan. 2004 (AS 2003 4867).

40 Repealed by No I 10 of the Ordinance of 7 Dec. 1998 (AS 1999 303). Amended by No I of the Ordinance of 26 Nov. 2003, in force since 1 Jan. 2004 (AS 2003 4867).

41 Inserted by No I of the Ordinance of 29 Oct. 2014, in force since 1 Jan. 2015 (AS 2014 3903).

42 SR 172.021 43 Amended by No I of the Ordinance of 29 Oct. 2014, in force since 1 Jan. 2015

(AS 2014 3903). 44 Amended by No I of the Ordinance of 14 Nov. 2007, in force since 1 Jan. 2008

(AS 2007 6109). 45 Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017

(AS 2016 3281).

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3 Paragraphs 1 and 2 also apply to products whose names, although registered, have not been certified in accordance with Article 18.46 4 Foreign names which are registered in their country of origin are reserved.

Art. 16a47 Designations «AOC», «PDO» and «PGI» 1 The designations «Registered Designation of Origin», «Protected Designation of Origin» and «Protected Geographical Indication» or their corresponding abbrevia- tions (AOC, PDO, PGI) must be written in one of the official languages on the labelling of products whose name has been registered in accordance with this Ordi- nance. 2 The designations and acronyms in paragraph 1 are optional for products whose names have been registered in accordance with Article 8a.

Art. 17 Scope of protection 1 The direct or indirect commercial use of a protected name is prohibited:

a. for similar products which do not meet the product specification; b. for dissimilar products where such use relies on the reputation of the pro-

tected name. 2 Paragraph 1 applies in particular where:

a. the protected name is imitated or alluded to; b. the protected name is translated; c. the protected name is accompanied by an expression such as «style», «type»,

«method», «as produced in», «imitation», «using the recipe» or similar; d. the origin of the product is indicated. e.48 the product is used as an ingredient or component.

3 The following are also prohibited: a. any false or misleading indication as to its true origin, provenance, manufac-

turing process, nature or essential characteristics on the inner or outer pack- aging, advertising material or accompanying documentation of the product;

b. any use of a container or packaging which could give rise to a false impres- sion as to the origin of the product;

c.49 any use of the specific shape of the product referred to in Article 7 (2) (b).

46 Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).

47 Inserted by No I of the Ordinance of 14 Nov. 2007 (AS 2007 6109). Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).

48 Inserted by No I of the Ordinance of 29 Oct. 2014 (AS 2014 3903). ). Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).

49 Amended by No I of the Ordinance of 14 Nov. 2007, in force since 1 Jan. 2008 (AS 2007 6109).

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Art. 17a50 Products which do not conform to the product specification 1 Products which fail to meet the requirements for the use of a registered designation of origin or geographical indication, but which have been legally marketed under such indications for at least five years prior to publication of the application for registration, may continue to be produced, packaged and labelled under this indica- tion in accordance with previous legislation for a period of up to two years following publication of the registration. They may continue to be marketed for a period of up to three years following the aforesaid publication. 2 If the product specification referred to in Article 14 (1) is amended, the products in question may continue to be produced, packaged, labelled and marketed under previous legislation for a period of up to two years following publication of the amendment.

Section 4 Control Procedures and Enforcement51

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.52 2 The Federal Department of Economic Affairs, Education and Research53 shall lay down the minimum requirements for control procedures.54

Art. 1955 Requirements for certification bodies 1 Certification bodies must be accredited for their activities in accordance with the Accreditation and Designation Ordinance of 17 June 199656 (AccDO). Their scope of accreditation in respect of each name for which the certification bodies carry out control procedures must be extended to include the product in question. 2 Certification bodies must meet the following requirements:

a. They must have an organisational structure and a certification and monitor- ing procedure (standard control procedure) that sets out in particular the cri-

50 Inserted by No I of the Ordinance of 12 Jan. 2000 (AS 2000 379). Amended by No I of the Ordinance of 14 Nov. 2007 (AS 2007 6109). Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).

51 Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).

52 Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).

53 The name of this administrative unit was amended in application of Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (SR 170.512.1) on 1 Jan. 2013.

54 Inserted by No I 10 of the Ordinance of 7 Dec. 1998 (AS 1999 303). 55 Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017

(AS 2016 3281). 56 SR 946.512

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teria to which the businesses they control are subject and a suitable plan for the measures to be taken in the event that irregularities are identified.

b. They must offer appropriate guarantees of objectivity and impartiality and have the qualified personnel and resources required to carry out their duties.

Art. 19a57 Foreign certification bodies 2 Following consultation with the Swiss Accreditation Service (SAS), the 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 Switzer- land. 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 199558 on Technical Barriers to Trade is reserved. 5 The FOAG may make recognition subject to a time limit and conditions. In partic- ular, the certification body may be required:

a. to tolerate and support the FOAG’s monitoring of activities carried out in Switzerland;

b. to report in detail to the FOAG on activities in Switzerland; c. to use data and information obtained through control activities exclusively

for control purposes and to comply with the Swiss provisions on data protec- tion;

d. to agree any changes in circumstances relevant to recognition in advance with the FOAG;

e. to take out suitable liability insurance or establish adequate reserves. 6 It may revoke recognition if the requirements, obligations and conditions are not met.

Art. 2059 Notification of irregularities The certification bodies shall notify the FOAG, the cantonal chemist and the groups of any irregularities they find when carrying out control procedures.

57 Inserted by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).

58 SR 946.51 59 Amended by No I of the Ordinance of 29 Oct. 2014, in force since 1 Jan. 2015

(AS 2014 3903).

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Art. 2160 Implementation by the FOAG 1 The 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. 21a61 Monitoring the certification bodies 1 The 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 The FOAG shall coordinate its monitoring activities with the activities of the SAS. 3 The FOAG shall ensure as part of its monitoring activities that the requirements of Articles 19 and 19a paragraph 2 are met. 4 It may request the SAS to suspend or revoke accreditation in terms of Article 21 AccDO62 in respect of matters relevant to this Ordinance if a certification body fails to comply with the provisions or does not meet the requirements of this Ordinance. 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. 21b63 Annual inspection of the certification bodies 1 The FOAG shall conduct an annual inspection of certification bodies accredited in Switzerland under Articles 19 and 19a unless this is guaranteed as part of accredita- tion. 2 In doing so, the FOAG shall verify in particular whether the certification body has and applies written procedures and templates for the following duties:

60 Amended by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).

61 Inserted by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).

62 SR 946.512 63 Inserted by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017

(AS 2016 3281).

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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 Federal Act of 19 June 199264 on Data

Protection.

Art. 21c65 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 the FOAG and the certification bodies.

Section 5 Final Provisions

Art. 22 Federal Commission for Designations of Origin and Geographical Indications

1 The Federal Council shall appoint a Federal Commission for Designations of Origin and Geographical Indications.66 2 The Commission shall advise the Federal Council with regard to implementation of this Ordinance. 3 …67

Art. 2368 Transitional provisions relating to the amendment of 14 November 2007.

1 Applications for registration which were pending when the amendment of 14 November 2007 comes into force shall be processed in accordance with the new legislation. 2 Agricultural products and processed agricultural products which use a registered name may, in derogation from Article 16a, continue to be labelled under existing law until 1 June 2008, and be marketed until their expiry dates run out.

64 SR 235.1 65 Inserted by No I of the Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017

(AS 2016 3281). 66 Amended by No I 6.6 of the Ordinance of 9 Nov. 2011 (Review of Extra-Parliamentary

Commissions), in force since 1 Jan. 2012 (AS 2011 5227). 67 Repealed by No I of the Ordinance of 14 Nov. 2007, with effect from 1 Jan. 2008

(AS 2007 6109). 68 Amended by No I of the Ordinance of 14 Nov. 2007, in force since 1 Jan. 2008

(AS 2007 6109).

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3 The previous Article 17a applies to all registered names for which the transitional period has not yet expired.

Art. 24 Amendment of current legislation …69

Art. 2570

Art. 2671 Commencement This Ordinance comes into force on 1 July 1997.

69 The amendments may be consulted under AS 1997 1198. 70 Repealed by No I of the Ordinance of 12 Jan. 2000 (AS 2000 379). 71 Amended by No III para. 2 No 2 of the Ordinance of 27 March 2002, in force since

1 May 2002 (AS 2002 573).

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Annex72

72 Repealed by No I 10 of the Ordinance of 7 Dec. 1998 (AS 1999 303).