The following listed laws and regulations regarding industrial law are only available in the three official national Swiss languages: German, French, and Italian.
Swiss legislation
|
455 |
|
|
631 |
|
|
812.121 |
|
|
813.1 |
|
|
814.01 |
Bundesgesetz vom 7. Oktober 1983 über den Umweltschutz (Umweltschutzgesetz, USG) |
|
814.5 |
|
|
916.40 |
|
|
944 |
|
|
941.20 |
|
|
946.51 |
Bundesgesetz vom 6. Oktober 1995 über die technischen Handelshemmnisse (THG) |
The following listed laws and regulations regarding drug law are only available in the three official national Swiss languages: German, French, and Italian.
Swiss legislation
The last revisions of Swiss Food law took place to adapt the law to the European provisions concerning the foodstuffs sector. The partial revision of the THG (see „Cassis de Dijon “- principle) enables Swiss producers to invoke European law.
The following listed laws and regulations regarding food law are only available in the three official national Swiss languages: German, French, and Italian.
Swiss legislation
Gesetzgebung Europa
|
BAG |
Übersicht über die geltenden europäischen Richtlinien und Verordnungen |
|
EU |
The following links enable a direct access to the most important laws in the area of food law and drug law. Using the menu "Links" you will find further useful links in the area of intellectual property.
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.
Admission of Food Manufacturing Businesses in Switzerland
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.
Article 31 (3) of the regulations on food and commodities (LGV) prohibits "references of any kind of illness-curative, -relieving or -preventing effects of food or commodities". The Swiss Federal Court has already judged several cases on this regulation. The Federal Court does not interpret the term of illness within advertisements and in connection with advertising messages in a restrictive sense. Advertising referring to health, as far as it is based on justifiable facts and does not mislead the public, is not forbidden by the aforementioned regulation. Thus, it may be pointed out in an advertisement that a regular consumption of milk is good for the health, because thereby the body will be naturally supplied with calcium, which appears to be favourable for the building of bones. On the other hand, the indication that the calcium in the milk helps to prevent "reduction of bone density in old age, so-called Osteoporosis" is unacceptable ("cow Lovely advertisement" in BGE 127 II 91/101).
The sense and purpose of the principal prohibition of medicinal effects are to prevent fundamental errors of the public and thus an at best unfit self-medication due to the stated illness-referred effects of food and commodities. Indications of preventing, treating or curing effects shall be scientifically confirmed and in principle developed in a drug-legal procedure. The manufacturer is required to place its product on the market as medication whereby the endangered public interests are then protected in the context of drug legislation. However, illness-specific advertising and thus health-endangering pseudo-science regarding products, which did not successfully pass the drug law procedure, shall be banned.
The drug law serves the protection of public health in particular by high requirements on the duty of care concerning the handling of medicaments and medicinal products by the pharmaceutical industry, pharmacists and physicians. This concerns above all the production, placing on the market, control, prescription, information and delivery of medicaments. The Swiss Federal law on medicaments and medicinal products (Federal drug act, HMG) is in force since 1 January 2002.
Legal questions in particular concern the way and the protection of a medicament from research to authorisation. In addition, the conditions for its placing on the national, European, and international market at a later date must be fulfilled. Whether a medicine is pharmacy only medicine, prescription only medicine or over the counter medicine, depends on many different criteria.
The Swiss Federal Court did not accept the following statements on cosmetic products:
According to art. 3 lit. c VKos the address of the person responsible for the product must be labelled. The indication of a domestic address (person responsible for placing on the Swiss market) is not required any more. In case of complaints however it must be guaranteed that the documents regarding the objected product can be consulted at the labelled address.
In Switzerland cosmetic product unlike foods still (!) are not ruled by a general prohibition of deception. Delicate information on cosmetic products concern health claims, including statements on the prevention of diseases. To that extent typically medical expressions have to be avoided as well as references to body or organ-specific effects.
Since May 1st, 2009 the Swiss definition of cosmetics in article 35 al 1 LGV is in accordance with the European definition. The former legal requirement that cosmetics may not „unfold any internal effect“ does not exist any more. However, cosmetics are commodities and thus „articles, which may not be advertised as drugs.“
The ingredients and compositions authorized in cosmetics result from a positive list in the appendices of the Swiss regulation on cosmetic products (VKos). In 2010 cosmetics will fall under the “Cassis de Dijon”-principle, which means that European law will be applicable as well.
Rentsch Partner Ltd. supports its clients with the classification, labelling and presentation of cosmetic products according to Swiss and European law.
Page 1 of 3