Organic farming methods must be used throughout the entire organic holding.

¹ Areas where permanent crops are not grown organically is permitted on an organic holding provided that proof of ecological performance in accordance with Articles 11-25 of the Direct Payments Ordinance of 23 October 2013⁴² (DPO) is provided for these areas.⁴³

² Areas where permanent crops are grown organically is permitted on a non-organic holding provided that proof of ecological performance in accordance with Articles 11-25 of the DPO is provided for the part of the holding which is not farmed organically.⁴⁴

³ Areas where permanent crops are grown in accordance with paragraphs 1 and 2 must remain the same for a minimum of five years.

⁴ Production of a permanent crop described in letters a-i of Article 22 paragraph 1 of the Agriculture Terminology Ordinance of 7 December 1998⁴⁵ on a holding must be either totally organic or totally non-organic.

⁵ The certification body may on application recognise a production facility in a non-organic agricultural holding as an independent organic holding if the production facility:

a.

is recognisable spatially as a unit of land, buildings and facilities and is separate from other production facilities;

b.

has its own operations centre;

c.

is farmed organically throughout the year and employs one or more persons;

d.

has its own operating income;

e.

has a flow of goods that is independent and separate in space and time from the rest of the holding at all levels of production, preparation, processing, storage and marketing; and

f.

ensures that there is no crossover between the flow of goods from its part of operations and that from the non-organic part.⁴⁶

⁶ Before granting recognition, the certification body shall obtain a written opinion on paragraph 5 letters a-d from the canton where the holding is located.⁴⁷

⁷ Operators under Article 5 paragraph 2 may produce non-organically in parallel to organic production provided the two production areas have a separate flow of goods.⁴⁸

⁸ The EAER may authorise exceptions to the principle of total organic production in individual cases for research purposes.⁴⁹

¹ Holdings which have changed over to organic production are considered to be conversion holdings for two years. A conversion period of two years applies to agricultural acreage, including that which is added to the organic holding. 1 January applies as the conversion date.⁵⁰

^1bis The certification body may authorise a shorter conversion period for mushroom growing and the production of endives and sprouts.⁵¹

^1ter The EAER may issue provisions on the requirements for the conversion of algae reproduction and aquaculture facilities.⁵²

² The provisions of this Ordinance shall be complied with during conversion.

³ At the start of conversion, the producer and certification body shall together lay down all the measures which must be taken to ensure that the provisions of this Ordinance can be permanently complied with and verified.

⁴ A new conversion in accordance with paragraph 1 is not required if compliance with the provisions of this Ordinance on areas already farmed organically becomes temporarily impossible due to officially imposed measures and the canton waives⁵³ reduction or refusal of direct payments due to force majeure in accordance with Article 106 paragraphs 1 and 2 letter f DPO.⁵⁴

⁵ If the integrity of the organic products is jeopardised by officially imposed measures in accordance with paragraph 4, a new conversion period of two years shall apply to the area affected by the measures.⁵⁵

¹ If immediate total conversion involves unacceptably high risks, an organic holding growing vines, fruit, vegetables or ornamental plants may convert to organic production in stages. The entire holding must be fully converted within five years, with the exception of holdings referred to in Article 7 paragraph 1.

² The certification body shall decide whether to authorise conversion in stages.⁵⁶

³ In particular, the following conditions must be met:

a.

a binding conversion plan is drawn up with a detailed description of the conversion stages and a timetable;

b.

any contamination of organic parcels with unauthorised agrochemicals is avoided;

c.

areas farmed in different ways are clearly marked out;

d.

products produced under different methods are harvested and stored separately;

e.⁵⁷

proof of ecological performance in accordance with Articles 11-25 of the DPO⁵⁸ is provided for areas not farmed organically;

f.

a sample is taken each year for analysis of the residues in organically produced products;

g.⁵⁹

the requirements laid down in the Annex are met.

⁴ If immediate total conversion of livestock production is not reasonable, the certification body may allow the holding to convert livestock farming in stages according to animal categories within three years.⁶⁰

⁵ Parallel production of the following is not permitted:

a.

varieties which are not clearly distinguishable;

b.

animals of the same category of production animal.⁶¹

¹ The fertility and biological activity of the soil shall be maintained and, if possible, increased. To this end, the following measures in particular shall be taken:

a.

the soil shall be cultivated in such a way that it maintains sustainable productivity due to its physical, chemical and biological properties;

b.

biological diversity shall be encouraged;

c.

crop rotation, crop shares, use of grazing land and soil cultivation shall be planned in such a way that crop rotation problems, soil erosion, runoff and leaching of nutrients and plant protection products⁶² are avoided;

d.

in land cultivation, soil cover shall be sufficient to ensure that soil erosion, and losses of nutrients and plant protection products are kept to the minimum;

e.

the intensity of the production of fodder crops shall be varied and adapted to the location.

² Organic plant production shall be practised in living soil in connection with the subsoil and bedrock.⁶³

³ Cultivation methods in which plants that do not naturally grow in water have their roots in a nutrient solution only or in an inert medium to which a nutrient solution is added (hydroponic production) are prohibited.⁶⁴

⁴ By way of derogation from paragraph 2, the following practices shall be allowed:

a.

growing plants for the production of ornamentals and herbs in pots to be sold together with the pots to consumers;

b.

growing seedlings or saplings in containers for further transplanting;

c.

producing germinated seeds, in particular shoots, sprouts and cress, that rely exclusively on the seed nutrient reserves, by moistening of seeds in clear water, provided that the seeds meet the requirements of this Ordinance;

d.

producing forced chicory, including by dipping in clear water, provided that the plant propagating material and the substrate meet the requirements of this Ordinance.⁶⁵

¹ Pests, diseases and weeds must be controlled by a combination of different measures, in particular the following:

a.

a choice of appropriate species and varieties;

b.

appropriate crop rotation;

c.⁶⁶

physical cultivation procedures;

d.

thermal procedures where steaming of the soil is restricted to market gardening under cover and production of seedlings;

e.

promotion and protection of natural enemies of pests through provisions favourable to them (e.g. hedges, nesting sites, release of predators).

² The EAER shall specify authorised plant protection products and instructions for their use. Substances which are not of plant, animal, microbial or mineral origin and are not identical to their natural form shall only be authorised if their conditions of use preclude any contact with the edible parts of the plant. This applies without prejudice to the authorisation procedure laid down in the Plant Protection Products Ordinance of 18 May 2005⁶⁷.⁶⁸

³ Plant protection products may only be used in the case of immediate danger threatening the crops.

⁴ The use of growth regulators, wilting products and herbicides is not permitted.

The requirements on the spray test and the rinse water tank for power take-off or self-propelled equipment used for plant protection have to be accomplished according to Annex 1 figure 6.1 DPO⁷⁰. Demeter holdings which only use their equipment to apply biodynamic preparations are exempt.

¹ Where possible, organic fertilisers such as farmyard manure and compost must come from the holding itself.

² The EAER shall specify the fertilisers that are authorised and the instructions for their use. Mineral nitrogen fertilisers may not be used.⁷¹

³ Fertiliser requirements have to be proved on the basis of a nutrient balance according to Article 13 DPO⁷² and the requirements according to Annex 1 number 2 DPO.⁷³

⁴ The quantity of nutrients applied per hectare (own farmyard manure and manure from other farms, bought fertilisers) may, under the most favourable valley conditions, correspond to no more than 2.5 livestock manure units (LMU). It shall be graded according to soil load capacity, altitude and topographical conditions. If maximum values laid down by the Canton under water pollution control legislation are lower, these apply.

⁵ Suitable products based on microorganisms or plants such as biodynamic preparations, and mineral powders may be used to activate compost or soil.

⁶ Farmyard manure may only be supplied by and to holdings which provide the ecological services laid down in the DPO.⁷⁴

¹ Seeds, plants and plant propagating material must come from organic holdings.

² In the case of seeds, the mother plants, and in the case of plant propagating material, the parent plants must have been cultivated in accordance with the provisions of this Chapter for at least a generation or for the duration of two plant cycles in the case of perennial crops.

³ In derogation from paragraph 1, plant material which has been propagated in-vitro and certified in accordance with the Seeds Ordinance of 7 December 1998⁷⁵ may be used.⁷⁶

^3bis …⁷⁷

⁴ This applies without prejudice to the requirements of the Seeds Ordinance.

¹ Any person who wishes to use non-organic seeds or non-organic plant propagating material must provide evidence that:

a.

no suitable organically produced seeds or organic plant propagating material are available; or

b.

no one is able to deliver the seeds or the propagating material before sowing or planting, although they were ordered in good time.

² Valid evidence under paragraph 1 must be provided using the details on availability in the information system described in Article 33a.

³ If, according to the details in the information system described in Article 33a, the variety users wish to procure is not available as organic seeds or organic plant propagating material, but other varieties of the same species are available, users may use non-organic seeds or non-organic plant propagating material only if they can explain why none of the organic varieties of the same species are suitable in particular for the relevant agronomic and pedoclimatic conditions, and why none of the species has the technological characteristics required for the planned production.

⁴ Any person who uses non-organic seeds or plant propagating material must notify the operator of the information system described in Article 33a of the quantity of seed or plant propagating material used and the variety.

⁵ On request, the Research Institute of Organic Agriculture (FiBL) may authorise the use of non-organic seeds or non-organic plant propagating material, provided this enables research into variety preservation or product innovation as part of small-scale field trials.

⁶ Non-organic plant propagation material may be used only if it has not been treated with plant protection products; this does not apply to:

a.

treatments which are authorised for organic farming; and

b.

treatments which for reasons of plant health are prescribed for all varieties of a particular species in the production area.

¹ Collection of edible wild plants and plant parts which grow naturally in forests and on agricultural land are deemed to be production within the context of organic farming if:

a.

this land has not been treated with unauthorised products for three years preceding collection; and

b.

collection does not prejudice the stability of the natural environment and the conservation of species in the collection area.

² The collection area must be geographically defined.

³ The collection process must be thoroughly documented.

⁴ The inspection procedure for organic holdings shall be applied as appropriate.

⁵ The EAER may issue further provisions on the requirements for gathering wild algae and the applicable inspection procedure.⁸⁰

¹ Bovine species, including bubalus and bison species, equine species, sheep, goats, porcine species and poultry shall be kept in accordance with the provisions on regular outdoor exercise of Article 75 DPO⁸² and the requirements according to Annex 6 DPO. The provisions on particularly animal friendly housing systems of Article 74 DPO and the requirements of Annex 6 DPO apply to the keeping of rabbits.⁸³

² The EAER may issue additional regulations for:

a.

livestock housing;

b.

stock-keeping and breeding;

c.

grazing and outdoor runs.

³ Rules for stockfarming may also be issued for the other categories of livestock.⁸⁴

¹ It is not permitted to keep animals tethered.

² In agreement with the certification body, however, the following may be kept tethered:

a.

individual animals for a limited period for reasons of safety or animal welfare;

b.⁸⁶

animals of the bovine species, provided the provisions on regular outdoor exercise laid down in Article 75 DPO⁸⁷ are complied with.

³ ...⁸⁸

¹ If animals are put to summer pasture, the requirements of Articles 26-33 DPO⁹⁰ must be complied with. If possible, the summer pasture must be on organic holdings.

² If animals are not put to summer pasture on organic holdings, it must be ensured that the products manufactured in accordance with this Ordinance are labelled as organic only if a guarantee of a separate goods flow can be provided.

¹ The fodder must meet the physiological nutritional requirements of the livestock at various stages of their development and must be intended to ensure quality production rather than maximising production.

² Force-feeding and keeping of livestock under conditions which could lead to anaemia is not permitted.

¹ The EAER shall lay down which feedingstuffs are permitted and how feedingstuffs are used.

² It may prohibit the use of certain feed additives and processing aids, and certain processing methods.⁹³

³ In derogation from the principle laid down in Article 3 letter c, it may authorise feed additives and processing aids which have been produced using genetically modified organisms if:

a.

they cannot be replaced by other substances; and

b.

they are not available on the market manufactured in any other way.⁹⁴

⁴ The purchase of feedingstuffs to supplement the holding's own feed stocks is permitted. Purchases must be from organically produced crops and if possible from the same region. For the purposes of harmonisation with the relevant EU legislation, the EAER may make provision that a limited percentage of non-organic animal feedingstuffs may be purchased.⁹⁵

⁵ The addition of feedingstuffs from conversion holdings is permitted on average up to a maximum of 30 per cent of the ration of individual categories of production animal, as dry matter. If this feedingstuff is from the holding itself, the amount may be 60 per cent, and, where this is a conversion holding, 100 per cent.⁹⁶

⁶ In case of proven fodder yield losses, especially due to exceptional weather conditions, the directly affected livestock farmer may use non-organic fodder for a limited period with the prior written agreement of the certification body, provided that the livestock farmer is able to satisfy the certification body that insufficient organic fodder is available. If whole areas are affected by fodder yield losses, the Federal Office for Agriculture (FOAG) may also grant permission for the area.⁹⁷

⁷ Fodder ingredients must be left natural and fodder preparation methods used must be as natural and energy-saving as possible. Feedingstuffs may not contain any traces of genetically modified organisms or of secondary products of genetically modified organisms which proportionally are higher than the maximum levels for unavoidable impurities laid down in legislation on feedingstuffs.

⁸ Sheep may temporarily graze in nomadic herds on non-organically farmed areas. The amount of fodder consumed, as dry matter, may not exceed 10 per cent of the total annual fodder intake.⁹⁸

⁹ The proportion of non-organically grown fodder may amount to 10 per cent of the total fodder consumption for retired horses.⁹⁹

¹ Ruminants must receive at least 60 per cent of fodder dry matter in the form of roughage, fresh or dried fodder or silage.

² The feeding of young mammals must be based on natural milk, preferably maternal milk. All mammals must be fed for a minimum period on natural milk. The minimum period depends on the animal species. It shall be three months for bovines (including bubalus and bison species) and equines, 35 days for sheep and goats and 40 days for pigs.

³ For poultry, the feed formula used in the fattening stage must consist of 65 percent grain and grain legumes (their products and by-products) as well as oil seeds (their products and by-products).

¹ The health and productivity (life output) of livestock and the quality of livestock products must be promoted by the selection of suitable breeds and breeding methods.

² Reproduction of livestock must be based on natural methods.

³ Artificial insemination is permitted. Other forms of artificial or otherwise influenced reproduction (e.g. embryo transfer) are not permitted. They may be used with the prior written agreement of the certification body if this is necessary to preserve endangered genetic resources. Affected animals and their products may not be marketed with any reference to organic farming.¹⁰²

⁴ No livestock produced from embryo transfer shall be brought in, with the exception of animals of the bovine species in a rearing contract with a non-organic holding. In this case, the animals must return to the original holding after a period laid down in the contract. Animals from embryo transfer which were already kept on the holding before conversion of the holding may still be kept until their departure according to the provisions of this Ordinance.¹⁰³

¹ Disease prevention must be based on the following principles:

a.

selection of suitable breeds or strains;

b.

application of animal husbandry practices appropriate to the requirements of each species, encouraging strong resistance to disease and the prevention of infections;

c.

the use of high-quality feed, together with regular exercise (pasture, outdoor run, outdoor climate area) to encourage the natural immunological defence of livestock;

d.

ensuring an appropriate density of livestock, thus avoiding overstocking and any resulting animal health problems.

² If an animal becomes sick or injured, it must be treated immediately, if necessary in isolation, and in suitable housing.

³ The use of veterinary medicinal products in organic stockfarming shall comply with the following principles:

a.

Phytotherapeutic products (e.g. plant extracts, excluding antibiotics, or plant essences), homeopathic products (e.g. plant, animal and mineral substances) and trace elements and products laid down by the EAER for this purpose shall be used in preference to chemically-synthesised allopathic veterinary medicinal products or antibiotics, provided that their therapeutic effect is shown to be effective for the species of animal and the condition for which the treatment is intended.

b.

If the use of the products listed in letter a should not prove to be effective in combating illness or injury, but treatment is essential to prevent suffering or distress to the animal, chemically-synthesised allopathic veterinary medicinal products or antibiotics may be used under the responsibility of a veterinarian.

c.¹⁰⁵

The use of coccidiostatics and the use of hormones or similar substances to control reproduction (e.g. induction or synchronisation of oestrus), or for other purposes, is not permitted. Nevertheless, hormones may be administered to an individual animal as a form of therapeutic veterinary treatment.

d.

The use of chemically-synthesised allopathic veterinary medicinal products or antibiotics for preventive treatments is not permitted.

⁴ The type of product (including an indication of the active pharmacological substances involved) together with details of the diagnosis, the method of administration, the duration of the treatment and the prescribed withdrawal period must be recorded clearly and indelibly in writing in the treatment book.

⁵ Livestock treated must be clearly identified as such at all times - individually in the case of large animals, individually or as a group, in the case of poultry or small animals.

⁶ Vaccination and worming is permitted where there is an existing animal health risk.

⁷ ...¹⁰⁶

⁸ The withdrawal period between the last administration of a chemically-synthesised allopathic veterinary medicinal product under normal conditions of use, and the production of organically produced foodstuffs from such animals must be twice the legal withdrawal period. This does not apply to the use of products to dry up cows with udder problems.

⁹ With the exception of vaccinations, treatments for parasites, anaesthetic agents, pain relief treatments and treatments as part of state livestock epidemic programmes, where an animal or group of animals receives more than three courses of treatments with chemically-synthesised allopathic veterinary medicinal products or antibiotics within one year (or more than one course of treatment if their production lifecycle is less than one year), the livestock concerned, or produce derived from them, shall not be sold as being produced in accordance with this Ordinance, and the livestock must undergo the conversion periods laid down in Article 16f paragraph 2.¹⁰⁷

¹ Zootechnical procedures shall be kept to the minimum. They must be carried out by qualified personnel at the age most appropriate for the animal.

² Procedures such as docking tails, clipping teeth and, in the case of poultry, beaks, toes and wings, castration, the dehorning of adult animals and the use of nose rings and the fitting of clips and wires in the nose ring for pigs is not permitted.¹⁰⁹

^2bis In justified cases, the dehorning of adult animals for safety reasons is permitted, provided that it is conducted properly under anaesthetic by a veterinary surgeon and not during the months of May, June, July and August.¹¹⁰

³ The following procedures may be carried out on individual animals:

a.

attaching elastic bands to the tails of sheep, if this is necessary to improve the health, welfare or hygiene of the livestock;

b.¹¹¹

dehorning of young animals, except for yaks, water buffalo and bison, under anaesthetic, if this is necessary for reasons of safety;

c.¹¹²

castration in order to maintain the quality of products.

¹ For the period up to 31 December 2012, FOAG may authorise limited practical trials on organic holdings for vaccination against sexual odour, particularly for the purpose of researching questions relating to ethology, efficiency, profitability and product quality.

² Applications for trials may be made by an independent scientific institution which has responsibility for the trial. The application shall set out the aims of the trial and the test methods together with the organic holdings and number of animals taking part.

³ The marketing history of the vaccinated animals must be fully documented through to the final vendor. The products concerned shall not be exported.

⁴ FOAG may lay down further requirements and conditions for the practical trials.

¹ Only production animals which come from organic holdings may be kept. This does not apply to horses for riding and draught horses, hobby animals, and animals of the bovine species in rearing contract with a non-organic holding. In this case, the animals must return to the original holding after a period laid down in the contract.¹¹⁵

² Production animals which do not come from organic holdings, and which are brought in after conversion has begun, must be reared for the following periods in accordance with the rules of this Ordinance:

a.

equine and bovine species (including bubalus and bison species) for meat production for 12 months and at least three quarters of their lives;

b.

small ruminants and pigs for at least 6 months;

c.

milk-producing animals for at least 6 months;

d.

poultry for meat production, brought in when less than three days old, for at least 56 days;

e.

poultry for egg production for at least 6 weeks.

³ ...¹¹⁶

⁴ When insufficient numbers of organically reared animals are available for supplementing natural growth or for the renewal of the herd or flock, in agreement with the certification body, female nulliparous young animals from non-organic-production stockfarms may be brought in throughout the year subject to a maximum of 10 per cent of the adult equine or bovine livestock, including bubalus and bison species, or 20 per cent of the adult porcine, ovine or caprine livestock. For organic holdings with fewer than 10 bovine or equine animals or with fewer than five porcine, ovine or caprine animals, renewal shall be limited to one animal per year.

⁵ With the prior written agreement of the certification body, a holding may house animals from non-organic holdings up to a maximum of 40 per cent of the total number when animals from organic holdings are not available in the following cases:

a.

major expansion of stock keeping;

b.

change of breed;

c.

development of a new branch of animal production;

d.

necessity of a substitute calf for a mother or fester cow;

e.

danger that a particular breed will be lost to agriculture.¹¹⁷

⁶ In the case of a high mortality rate caused by an epidemic or catastrophic circumstances, with the prior written agreement of the certification body, livestock numbers may be renewed or reconstituted with animals from non-organic holdings, when animals from organic holdings are not available.¹¹⁸

⁷ Males for breeding may be bought in from non-organic-production holdings at any time.

⁸ If insufficient numbers of birds from organic holdings are available, poultry from non-organic holdings may be purchased in order to reconstitute livestock numbers, provided that the chicks are installed no later than three days after birth.¹¹⁹

¹ For poultry, the minimum age at slaughter shall be:

a.

81 days for broilers;

b.

49 days for Peking ducks;

c.

70 days for female Muscovy ducks;

d.

84 days for male Muscovy ducks;

e.

92 days for mallards;

f.

94 days for guineafowl;

g.

140 days for turkeys and geese.

² Producers who do not apply these minimum slaughter ages must use slow-growing strains.

¹ The EAER may allow exceptions to the principle of total organic production and total organic conversion for beekeeping.

² It may lay down further provisions regarding the feeding of bees, the siting of apiaries, animal health, the origin of the bees, identification and inspection, extraction, processing and storage of beekeeping products.

³ It may require that products produced in certain areas or regions may not be marketed with the reference to organic farming.

The EAER may issue provisions on:

a.

the requirements for the production and reproduction of algae produced in aquaculture;

b.

the requirements for the production, origin, livestock feeding and animal health of aquaculture animals and for animal husbandry practices;

c.

the applicable inspection procedures.

¹ The operator is obliged:

a.

to conduct all operations in accordance with the provisions of this Ordinance;

b.

in the case of an infringement or irregularities, to accept implementation of the measures laid down for organic production;

c.

in the case of an infringement or irregularities, to inform the purchasers of the product in writing in order to ensure that the references to organic production are removed from the products;

d.

where the operator or his sub-contractor is inspected by different certification bodies, to accept an exchange of information between these bodies;

e.

where the operator or his sub-contractor change certification body, to accept transfer of inspection documents to the new certification body;

f.

where the operator or his sub-contractor withdraw from the inspection system, to immediately inform the relevant competent authority and the certification body;

g.

where the operator or his sub-contractor withdraw from the inspection system, to accept that his inspection dossier will be kept for at least five years;

h.

to inform the relevant certification body immediately of any irregularities or infringements which affect the organic status of his products or of organic products which he has obtained from other operators or sub-contractors;

i.¹⁷⁹

where the operator uses non-organic products and substances in organic foodstuffs and feedingstuffs, and this may pose a risk of contamination by organisms or products under Article 3 letter c numbers 1-3, a confirmation that the products and substances are not genetically modified organisms and that they were not produced from or by genetically modified organisms must be obtained from the vendor.

² The operator must declare in writing that he complies with the obligations laid down in paragraph 1. The declaration must also record the description and measures laid down in Annex 1 No 1.1. paragraph 1.

¹ Producers shall be obliged:

a.

to keep accounts;

b.¹⁸⁰

to keep detailed records of plant production, livestock production and use of fodder and agrochemicals;

c.

to store only production agents which are authorised for use in organic farming on the organic holding or, in the case of fruit- and vine-growing holdings, on the organic production unit;

d.

to grant certification body inspectors access to all production areas and parcels, to allow them to see farm accounts and relevant documentation and to provide them with all information necessary for inspection purposes.

² The conditions laid down in the Annex also apply.¹⁸¹

¹ Preparation, import and export operators shall be obliged:

a.

to keep company accounts which can be examined by the certification body as necessary for the inspection;

b.

to store products which are not subject to this Ordinance separately;

c.

to take all measures necessary to identify batches of goods and to prevent confusion with products which have not been produced in accordance with this Ordinance;

d.

to carry out production operations in a closed sequence and separated in time or space from similar production operations for products which are not subject to this Ordinance;

e.

to grant certification body inspectors access to all production areas, to allow them to see company accounts, relevant documentation and import certificates and to provide them with all information necessary for inspection purposes.

² Import or export operators must be able to show the certification body evidence of every imported or exported consignment.

³ The conditions laid down in Annex 1 also apply.

¹ Marketing operators and storage operators are obliged:¹⁸⁴

a.¹⁸⁵

to be able to provide documentation from a certified production, preparation, marketing, storage or import operator for all products which are subject to this Ordinance;

b.

to store products which are not subject to this Ordinance separately;

c.

to take all measures necessary to identify batches of goods and to prevent confusion with products which have not been produced in accordance with this Ordinance;

[tab]

d.¹⁸⁶for inspection purposes, to grant the certification body access to business premises and to allow them to inspect accounts and relevant documents and provide all information pertinent to the inspection.

² The conditions laid down in the Annex also apply.¹⁸⁷

¹ For meat production, all necessary inspections must be carried out at all stages of production, slaughter, cutting and any other preparation up to the sale to the consumer, to ensure that, as far as technically possible, the origin and position of the animal products in the production, processing and preparation chain can be certified from the unit of production of the livestock to the final packaging and/or labelling unit.

² For products other than meat, the special certification measures are laid down in the Annex.

¹ Certification bodies must apply to be licensed by FOAG for their activities under this Ordinance. In order to be licensed, the certification bodies must:

a.

be accredited for their activities in accordance with the Ordinance on Accreditation and Designation of 17 June 1996¹⁹¹;

b.

have an established organisation and certification and inspection procedures (standard inspection programme) which, in particular, establish criteria that are binding on the operators subject to inspection, and a suitable programme of measures applicable if irregularities are noted;

c.

have the expertise, equipment and infrastructure necessary to undertake the inspection and certification activities in accordance with this Ordinance;

d.

have a sufficient number of employees who have sufficient expertise and knowledge of the elements affecting the organic status of products;

e.

ensure that their employees have the necessary qualifications, education and experience in the area of organic production in general and of the provisions of this Ordinance in particular;

f.

be independent and free of any conflict of interests with regard to the inspection and certification activities laid down in this Ordinance.

² They must also carry out the tasks set out in Annex 1 and fulfil the obligations in Articles 30-30e.

³ The certification bodies must grant FOAG access to their premises and facilities and provide the information and support that FOAG deems necessary to carry out its duties. This includes cooperation with the inspection under the Swiss control system or with the peer review by foreign authorities.

⁴ FOAG may suspend or revoke the licence of a certification body if the certification body does not fulfil the requirements and conditions. FOAG shall notify the Swiss Accreditation Service (SAS) immediately of its decision.

¹ After consultation with the SAS, FOAG shall approve certification bodies of other states so they may carry out their activities on Swiss territory if these are able to prove they hold a qualification equivalent to that required in Switzerland.¹⁹³

² In particular, the certification bodies must:

a.¹⁹⁴

fulfil the requirements and conditions laid down in Article 28;

b.¹⁹⁵

...

c.

be familiar with the relevant Swiss legislation.

³ The application for approval must include confirmation that the requirements laid down in paragraphs 1 and 2 are fulfilled.

⁴ Article 18 paragraph 3 TBA is reserved.

⁵ FOAG may place a time limit on approval and make it subject to conditions. In particular, it may impose the following conditions on the certification body:

a.

that it accepts and supports FOAG's supervision of activities carried out in Switzerland, in particular the measures laid down in Articles 32-33a;

b.

that it submits a detailed report of its activities in Switzerland to FOAG in accordance with Article 30d paragraph 3;

c.

that it uses data and information obtained during its inspections solely for inspection purposes and that it complies with the Swiss regulations on data protection;

d.

that any planned modification of facts which have a bearing on approval are agreed with FOAG first;

e.

that it takes out appropriate liability insurance or builds sufficient reserves.

⁶ FOAG may withdraw approval if the requirements, obligations and conditions are not fulfilled.

¹ The certification body shall carry out one inspection per operator at least once a year, or at least twice a year in the case of conversion in stages. It shall check to ensure that all operators subject to certification obligations fully comply with the provisions of this Ordinance.

² In addition, the certification body shall carry out spot checks. The frequency of the spot checks depends on the risk assessment of the operators as laid down in Article 30a^bis; they must be carried out on at least 10 per cent of the operators subject to certification under paragraph 1.

³ At least 10 per cent of all inspection visits carried out under paragraphs 1 and 2 must be unannounced.

¹ The certification body must take samples and test them for production materials or production methods or traces thereof which are not permitted in organic production, if there is any suspicion that such production materials or methods are being used.

² The certification body may also take and test samples in any other circumstances.

³ The number of samples which the certification body must take and test each year must amount to at least 5 per cent of the number of operators subject to its inspection. The selection of operators from whom samples are to be taken shall be in accordance with the general risk assessment for non-compliance with the provisions governing organic production. The general risk assessment shall include all stages of production, preparation and sale.

The certification bodies shall submit to FOAG documentation concerning their risk assessment procedure for operators subject to their inspection. The risk assessment shall take account of the results of earlier inspections, the quantity of affected products and the risk of mixing organic with non-organic goods. The risk assessment shall be the basis for establishing:

a.

the scope of the unannounced or announced annual inspections;

b.

the contracted operators on whom additional spot checks are carried out under Article 30 paragraph 2;

c.

the inspection visits carried out under Article 30 paragraph 3 which are unannounced;

d.

the operators on whom unannounced inspections and visits are to be carried out.

¹ The certification body under Articles 23a, 28 or 29 or, if appropriate, the inspection authority under Article 23a shall issue a relevant certificate to each operator subject to its inspections which meets the requirements of this Ordinance in its area of operations. The certificate must indicate, as a minimum, the identity of the operator, the category of products to which the certificate applies and the expiry date of the certificate.

² Product categories are:

a.

unprocessed plants and plant products, including seeds and other plant propagating material;

b.

animals and unprocessed animal products;

c.

algae and unprocessed aquaculture products;

d.

processed agricultural products and processed aquaculture products intended for use as food;

e.

feedingstuffs;

f.

wine;

g.

other products.²⁰¹

³ The certificate may also be issued in electronic form provided that its authenticity is guaranteed by a recognised electronic method which is proof against forgery.

⁴ The certification bodies have a duty to publish a general, up-to-date list of valid certificates. FOAG may specify where the certificates must be published.

¹ The certification body shall take appropriate inspection measures, particularly with regard to flows of goods and residues of unauthorised agrochemicals, if:

a.

in accordance with Article 7 or 9, organic farming methods are not being used on the entire holding; or

b.

in accordance with Article 13a, non-organic plant propagating material is being used.

² The EAER may lay down minimum requirements for these inspection measures.

A report on every inspection or control shall be drawn up and countersigned by the person responsible for the operator.

¹ The certification bodies shall keep an updated list of operators subject to their inspection. The list shall contain in particular, the following information:

a.

name and address of the operator;

b.

type of activity and products;

c.

in the case of organic holdings, all parcels of land and the date when unauthorised agrochemicals were last used on them.

² The certification bodies shall send to FOAG and cantonal food inspection agencies by 31 January each year a list of operators who have undergone an inspection as at 31 December of the previous year and those which are newly listed for the current year, and shall present a concise annual report, in particular on the agreements in connection with the exemptions under Article 16a paragraph 6, 16c paragraph 3, 16e paragraph 2, 16f paragraphs 5 and 6. FOAG may issue instructions relating to this.

³ The EAER may enact regulations concerning the transmission of data referred to in paragraphs 1 and 2.²⁰⁵

¹ If the operator or his contractors are inspected by different certification bodies, or by a third party commissioned by them, then the participating certification bodies shall exchange the relevant information concerning the operations which they have inspected among themselves or with the third parties commissioned by them.

² The certification body shall notify FOAG and the competent cantonal food inspection agencies immediately if an operator or his contractor subject to its inspections changes to another certification body.

³ The previous certification body shall hand over to the new certification body the relevant parts of the inspection dossier of the operator in question and the reports laid down in 1.1.4 of Annex 1.

⁴ The new certification body shall ensure that the operator has rectified any non-conformities noted in the report of the previous certification body or is in the process of doing so.

^4bis The certification body shall notify FOAG and the competent cantonal executive authority of its decisions under Articles 7-9 of this Ordinance.²⁰⁷

⁵ In the following cases, the certification body shall notify FOAG and the competent cantonal food inspection agency immediately:

a.

if an operator withdraws from the inspection system;

b.

if it notes irregularities or infringements which affect the organic status of products;

c.

if it notes irregularities or infringements relating to products which are subject to inspection by other certification bodies.

⁶ FOAG and the competent cantonal food inspection agency may require the certification body to provide any other information concerning irregularities or infringements. The certification body shall transmit this information immediately.

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.

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 ...²¹¹

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.

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 30a^bis 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 paragraph 6 in case of irregularities or infringements,

6.²¹³

compliance with the provisions of the Data Protection Act of 25 September 2020²¹⁴.

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:

a.

register organic seeds and plant propagating material at the supplier's request;

b.

provide evidence of availability of organic seeds and plant propagating material;

c.

categorise the species, sub-species and uses according to the degree of their availability;

d.

publish a list of species, sub-species or varieties for which a sufficient quantity of organic seeds or organic plant propagating material is available;

e.

apply for exemption permits for non-organic seeds and non-organic plant propagating material; and

f.

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:

a.

the conditions for entry of a variety in the information system;

b.

access to the data;

c.

the manner in which varieties are categorised;

d.

publication of the list in accordance with paragraph 1 letter d.

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.

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 2011²¹⁸.

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.

...²¹⁹

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 DPO²²⁴ is provided for the rest of the holding.²²⁵

^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 2011.²²⁶

² ...²²⁷

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.²²⁸

Seeds and plant propagating material which were ordered before 1 January 2004 in derogation from Article 13a may still be used after this date.

Until stockfarming regulations laid down in Article 15 paragraph 3 are enacted, the generally recognised rules of organic farming shall be complied with.

¹ Goats may be tethered until 31 December 2022 in buildings that already existed before 1 January 2001 provided that:²³³

a.

the regulations governing regular outdoor exercise are complied with; and

b.

animals are kept in comfortably littered areas and individually managed.

² ...²³⁴

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.

The following transitional periods apply to the labelling of products:

a.²⁴¹

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.

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.

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.

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.

Until 31 December 2023, certificates may be issued under Article 30a^ter of the previous law.

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.

This Ordinance comes into force on 1 January 1998.