U.S.-Swiss Equivalence Arrangement

The United States maintains an organic equivalence arrangement with Switzerland. This equivalence arrangement opens the vibrant Swiss organic consumer market to U.S. organic exporters. 

BACKGROUND AND CLARIFICATIONS 

Under the U.S./Swiss arrangement the Swiss Federal Office of Agriculture will recognize the USDA National Organic Program as equivalent to the Swiss Organic Ordinances (under applicable Swiss regulations) and will allow U.S. organic products to be marketed as organic in Switzerland.  Similarly, USDA will recognize the Swiss Organic Ordinances as equivalent to the NOP.  The text of the arrangement is very similar in format and substance to that of the EU, with the scope including crops, wild crops, livestock, and processed products.  All products traded under the arrangement must:

• Be certified to the USDA organic regulations or the Swiss Organic Ordinances;
• Be either grown or produced in the United States or Switzerland, or have their final processing or packaging occur in the United States or Switzerland; and
• Meet the labeling requirements of the importing country.

Critical Variances

U.S./Swiss Organic Wine

The EU and Swiss arrangements recognize that the standards for wine grape production are equivalent.  However, all sides do not agree that standards for wine production are equivalent.  Specifically, the USDA organic regulations prohibit the use of sulfites (a category of preservatives) to be added to wine.  However, the EU/Swiss organic regulations allow sulfites to be added, but prohibit or restrict several standard winemaking practices allowed in the USDA organic regulations. Therefore, the arrangement requires that any wine products must be produced and labeled according to the importing country’s regulations. This allows organic wine to be traded under the arrangement while not putting either country’s wine producers at a competitive disadvantage.  

Swiss Organic Livestock Products

The USDA organic regulations prohibit any use of antibiotics in organic livestock production.  Importantly, a U.S. producers may not withhold treatment from an animal that has not responded to alternative remedies.  However, the treated animal and products derived from that animal can no longer be sold, labeled, or represented as organic.  

Conversely, the EU/Swiss organic regulations allow antibiotics only to treat infected animals; after a withholding period, the animal and products derived from that animal can again be sold, labeled, and represented as organic.  

Therefore, similar to the EU arrangement, the Swiss organic equivalence arrangement  requires that Swiss livestock products, or any ingredients used in such products, be derived from animals not treated with antibiotics.  This requirement levels the playing field for U.S. organic livestock producers. Specific requirements for Swiss certified organic exports to the U.S.:

• Agricultural products derived from animals treated with antibiotics shall not be sold, labeled, or represented as organic in the U.S.
• Aquatic animals (e.g., fish, shellfish) are not included in the equivalence arrangement and are not eligible to use the USDA organic seal. 

Transaction Certificates

Exports of USDA Organic Products. 

A USDA-accredited certifying agent (also called a “control body”) must complete a Certificate of Inspection (COI) through the European Union’s TRACES for all USDA organic products exported to Switzerland under the arrangement. The COI must be issued by the USDA-accredited certifying agent at the moment the consignment leaves the U.S. port of export.

Shipments of USDA organic products that leave the U.S. port without a COI, or with a COI issued after departure, run the risk of the foreign port authorities refusing entry to, seizing, or destroying the goods.

U.S. Imports of Swiss Organic Products. 

Swiss organic products imported into the U.S. under the arrangement must be associated with an NOP Import Certificate. Swiss-accredited certifying agents generate NOP Import Certificates in USDA’s GLOBAL Organic Integrity Database (Global Integrity). Operations that export products from Switzerland to the U.S. under the organic equivalence arrangement are also listed in Global Integrity under the Trade Partners tab. The NOP Import Certificate must include the following attestation statement:

The documentation must include this statement:

“Certified in compliance with the terms of the U.S.-Switzerland Organic Equivalence Arrangement.” 

Organic Labeling Requirements

U.S Products to Switzerland

• USDA certified organic products can be sold as “organic” in Switzerland and can display the USDA organic seal.  No additional certification is required.
• USDA organic products that meet the terms of the arrangement may be sold as “organic” in Switzerland and must be labeled according to Switzerland Federal Office of Agriculture (FOAG) organic labeling requirements. Unlike other organic equivalence partner countries, the Swiss Government does not administer an organic seal.  Instead, organic products in Switzerland are typically labeled with seals from equivalent organic standards or Swiss-based non-Governmental standards requiring additional certification (such as BioSuisse).  USDA officials have met with representatives from BioSuisse and major organic retailers in Switzerland in order to help facilitate the marketing of USDA organic products in Switzerland.  

Swiss products to U.S. 

• Swiss organic products that meet the terms of the arrangement may be sold as “organic” in the United States and must be labeled according to the NOP’s organic labeling requirements.
• Swiss organic products may display the USDA seal. 

Other provisions

• Both sides have identified an import certificate to be used for products traded under the arrangement.
• The arrangement also requires both countries to report any changes that would affect the arrangement, allow on-site inspections to ensure that the terms of the arrangement are being met, and to submit an annual report.
• The arrangement will also establish an Organic Working Group, which will promote bilateral trade and to enhance regulatory and standards cooperation between FOAG and USDA on issues related to organic agricultural products.

Contact

OTA Members can direct questions about this agreement to:

Visit the National Organic Program  Website for more information

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