1 Any person who wilfully:
- a.
- manufactures, handles, stores, transports or places on the market foodstuffs or utility articles in such a way that they do not meet the requirements of this Act;
- b.
- infringes the regulations on the hygienic handling of foodstuffs and utility articles;
- c.
- uses substances or procedures that are banned for agricultural production or for the manufacture of foodstuffs;
- d.
- infringes the regulations based on this Act relating to the import, export and transit of foodstuffs and utility articles;
- e.
- slaughters animals without authorisation other than in authorised slaughterhouses;
- f.
- withholds foodstuffs, utility articles, premises, equipment, facilities, vehicles, manufacturing procedures, animals, plants, or land used for foodstuff production from inspection by the enforcement authorities, or prevents or obstructs controls;
- g.
- refuses to provide the enforcement authorities with information required under Article 29 paragraph 1;
- h.
- contravenes the regulations on the supply of alcoholic drinks;
- i.
- contravenes the regulations on protection against deception relating to foodstuffs and utility articles;
- j.
- contravenes the regulations on the labelling, presentation or advertising of foodstuffs or utility articles;
- k.
- contravenes the regulations on self-supervision under Article 26, the obligation to notify under Article 27, traceability under Article 28 or the licensing and the reporting requirements;
shall be liable to a fine not exceeding 40 000 francs.
2 If the offender acts on a commercial basis or for financial gain, the penalty shall be a fine not exceeding 80 000 francs.
3 Attempts and complicity are also offences.
4 If the offender acts through negligence, he shall be liable to a fine not exceeding 20 000 francs.
5 If the enforcement authorities obtain information on the basis of the obligation to provide support and information in Article 29 paragraph 1, such information is only admissible in criminal proceedings against the person concerned if that person consents or if the information could have been obtained without that person’s cooperation.