Food Fraud in Swiss Law

Food Fraud

Food fraud refers to any intentional act aimed at deceiving consumers about the nature, quality, origin or composition of a foodstuff, generally for profit.

Forms of Fraud

The main forms of food fraud in Switzerland are:

1. Substitution (replacing an ingredient with a cheaper one)
2. Dilution (adding water or substances to increase volume)
3. Origin falsification (false indication of provenance)
4. Misleading labelling (false claims)
5. Counterfeiting (imitation of protected brands or designations)

Legal Bases

Several laws apply to food fraud:

1. Art. 18 FSDA: prohibition of deception regarding foodstuffs
2. Art. 49 FSDA: criminal sanctions for intentional offences
3. Art. 146 SCC: fraud (if the constituent elements are met)
4. Art. 3 UCA: unfair competition through deception

Penalties

Food fraud is punishable by:

1. Administrative fines
2. Criminal penalties of up to three years (art. 49 FSDA)
3. Fraud penalties of up to five years (art. 146 SCC) if the conditions are met

Controls

Cantonal chemists carry out analyses to detect fraud (DNA analyses to verify animal species, isotopic analyses for geographic origin, etc.). Switzerland also participates in international operations coordinated by Interpol and Europol (Operation OPSON).

Protection of PDO and PGI

Protected designations of origin (PDO) and protected geographical indications (PGI) are particularly vulnerable to fraud. Gruyere PDO, Emmentaler PDO or Valais dried meat PGI benefit from reinforced legal protection.