RENTSCH
PARTNER_{Attorneys at Law and
Patent Attorneys}

The notion of "food law" is defined in article 3 (1) of the Regulation (EC) No 178/20002 of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety. Accordingly, the laws, regulations and administrative provisions governing food in general and food safety in particular, whether at Community or national level, covers any stage of production, processing and distribution of food, and also of feed produced for, or fed to, food producing animals.

The regulations of the Swiss food law are to be found in different, hierarchically arranged orders. The Swiss Confederation has issued the Federal Food and Commodities Act for the protection of the consumer according to article 97 of the Federal Swiss Constitution. The regulations on food and commodities which are based on this act contains fundamental, horizontal regulations, which must be specified by the Upper House of Parliament. Regulations on ingredients and additives, regulations on hygiene, practice and declaration provide a guarantee for food safety and protection against fraud. Detailed regulations concerning individual classes of foods can be found in vertical regulations, which can be adapted and revised if necessary on a departmental level.

The content and the form of required labelling of food depends on the food and on the position of the business operator in the food chain. In principle, every entrepreneur is required to provide information on the country of production and the composition of the food (article 20 Swiss Federal Food Act). Pre-packaged food and foodstuffs offered for sale without pre-packaging must inform consumers of the name under which the product is sold, the ingredients, durability, origin and the application of genetic or special technological procedures in its production. They must as well as refer to the appropriate use (article 26 and 27 of the Swiss regulation on declaration and advertising of food). Labelling of the nutritive value is voluntary (article 29 of the Swiss regulation on declaration and advertising of food). The Swiss regulation on declaration and advertising of food regulates the data and in which form food generally has to be labelled, and in which form it may be advertised. For further information on European legislation on product labelling and packaging see http://europa.eu.

In Switzerland strict regulations apply concerning the indication of the country where the food and its raw materials were produced. In accordance with article 2 (1 g) of the Swiss regulations on labelling and advertising of food, pre-packaged food must be labelled with its place of origin or provenance on delivery to the consumer. The place of origin or provenance of raw materials in food has to be principally indicated in the ingredients list, if the raw material represents a major portion of the final product. The name under which the product is sold does not suggest that the raw material comes from a country other than the food (article 16 (1) of the Swiss regulation on labelling and advertising of food).

Food that is not circumscribed in article 4 (1) of the Swiss Regulation on food and commodities or by the Federal Department of Home Affairs, needs a grant from the Federal Office of Public Health. The registration of a new product is regulated by article 5 and 6 of the Swiss Regulation on food and commodities. This can be either a new or novel food for normal consumption or a new special food. The Federal Office of Public Health examines the composition, the intended purpose and the declaration, it determines the name under which the product is sold and assigns a grant number to be indicated on the packing or label. The grants can only be given to persons or societies with a domicile or place of business in Switzerland. Foreign applicants must appoint a representative in Switzerland, who must take responsibility for adherence to the regulations.

Business operators who manufacture, process, treat, transport, deliver, import or export food must notify the responsible cantonal executive authority of their activity. Important modifications within businesses and cessation of business must also be notified (article 12 of the Swiss regulation on food and commodities). Enterprises that manufacture, process, treat, store, or deliver food of animal origin require an authorisation by the responsible cantonal enforcement authority (article 13 of the Swiss regulation on food and commodities). The Federal Office of Public Health has specified those enterprises that fall under the special arrangement of the grant obligation in its instruction No 7 of 26 January 2006 for the implementation of the two articles 12 and 13 of the Swiss regulation on food and commodities. It has also published, together with the federation of cantonal chemists, an information letter for enterprises on the obligation of notification and authorisation.

The responsible person of a food business or retail outlet in the context of his or her personal responsibility has to ensure various tasks and obligations in order to implement food law provisions. With the latest revision of the Swiss food law and the modification to food law in the European Union, in particular regulations on food hygiene, the provision of self-regulation became concrete in articles 49-55 of the Swiss Regulation on food and commodities. Self-regulation covers the use of quality safety systems according to the HACCP concept, the securing of good manufacturing practices, traceability, and the obligation to withdraw or to recall unsafe food from the market.

The obligation for self-regulation is one of the most important principles of the Swiss Food Act (see article 23 Swiss Food Act). It applies to all business operators who manufacture, process, treat, distribute, import or export food, additives and commodities. The obligation for self-regulation has been incorporated in the Swiss Food Act since 1995. It was incorporated in the food law of the European Union in 2002. The responsible person ensures within the businesses under their control that all stages of production, processing, and distribution that foods and commodities satisfy the legal requirements, in particular regarding to health protection, the protection against fraud, and the hygienic handling of food and commodities. They must examine or make available for examination the goods according to the "good manufacturing procedures".