Farm Laws In Switzerland: Understanding Location-Specific Regulations

Switzerland is known for its vast Alpine pastures and its cows and goats, with a third of its land used for agricultural purposes. The country has a longstanding tradition of valuing and protecting small farmers and farmland, with stringent measures in place to prevent farmland from becoming an investment tool or falling prey to industrial or suburban development. The Swiss Federal Act on Agriculture (LAA) promotes sustainable agriculture, protects farmers and farmland, and ensures the availability of high-quality food for the population. The country also has some of the strictest animal welfare laws and is set to become the first nation to entirely ban factory farming. Foreigners can buy farms in Switzerland, but there is a lot of red tape to navigate.

Farmland protection

Switzerland has a strong tradition of valuing and protecting its farmland. This is reflected in its laws and policies, which aim to prevent farmland from becoming an investment tool or falling prey to industrial or suburban development.

Swiss Federal Constitution

The Swiss Confederation Constitution explicitly states that the Confederation and the Cantons (Swiss states) are responsible for ensuring the preservation of agricultural land. This constitutional provision is detailed in Article 104 of the Swiss Federal Constitution, which outlines the following:

• The Confederation must ensure that the agricultural sector contributes to the reliable provision of the population with foodstuffs.
• The conservation of natural resources and the upkeep of the countryside are also essential.
• Decentralised population settlement across the country is promoted.

Swiss Federal Act on Agriculture (LAA)

To implement the constitutional mandate, Switzerland has enacted the Swiss Federal Act on Agriculture (LAA) at the federal and cantonal levels. The LAA aims to:

• Promote sustainable agriculture.
• Protect farmers and farmland.
• Ensure the availability of high-quality food for the population.
• Value the countryside and promote rural community cohesion.

The LAA establishes a system of agricultural land zoning, where farming activities are given priority and protected through zoning regulations that restrict non-agricultural development. This prevents urban sprawl and ensures farmland is preserved solely for farming purposes.

Stringent Control Over Land Conversion

The LAA imposes strict restrictions on converting agricultural land for non-agricultural uses. Any change in land use from agricultural to non-agricultural purposes requires a permit, which is only granted under exceptional circumstances. This stringent control helps maintain farmland and prevents its loss to urban or industrial development.

Promotion of Environmentally Friendly Farming Practices

Swiss government policies actively promote environmentally friendly farming practices, such as organic farming and integrated pest management. Financial incentives and support programs are provided to farmers who adopt sustainable agricultural methods. These measures protect farmland and contribute to biodiversity preservation and the reduction of harmful environmental impacts.

Agricultural Land Reserves

Switzerland has established agricultural land reserves managed by the Swiss Federal Office for Agriculture (FOAG). These reserves ensure the availability of farmland for future generations and serve as a buffer against urbanization or natural disasters.

Support for Family Farming

Swiss law recognises the importance of family farming and provides measures to facilitate the transfer of farms from one generation to the next. This ensures the continuity of farming activities, maintains the agricultural character of the land, and prevents land speculation and consolidation into large-scale industrial agricultural operations.

Direct Marketing and Local Food Systems

The Swiss government encourages farmers to sell their products directly to consumers through farmers' markets, farm shops, and community-supported agriculture (CSA) programs. This direct connection provides farmers with fair prices, fosters a sense of local community, and strengthens the local economy.

Preservation of Traditional Farming Practices

The Swiss government recognises the cultural significance of small farms and traditional farming practices. It supports initiatives that promote the preservation of heritage breeds, traditional meadows, and farm buildings, as well as the training of traditional rural skills. These efforts preserve the cultural heritage associated with small-scale farming and contribute to the maintenance of traditional Swiss landscapes.

Environmental protection

Federal and Cantonal Legislation

The primary environmental legislation is contained in the Federal Act on the Protection of the Environment and its corresponding ordinances. Other important acts relate to specific sectors, such as the Waters Protection Act, the Chemicals Act, the Act on the Reduction of CO2, and the Protection of Nature and Cultural Heritage Act. The cantons are primarily responsible for implementing, monitoring, and enforcing environmental laws and may have their own legislation in certain areas, such as nature and cultural heritage protection.

International Agreements

Switzerland is committed to protecting the environment and has ratified several international agreements, including the Montreal Protocol, the Stockholm Convention, the Paris Climate Agreement, and the Basel Convention. After ratifying these agreements, Switzerland amends its national legislation to comply with international requirements.

Key Environmental Issues

Switzerland focuses on several key areas to protect its environment:

• Soil Protection: The Swiss Soil Strategy, adopted in 2020, aims to achieve zero net soil loss by 2050. Soil degradation is caused by construction, erosion, compaction, and pollution. The Federal Council has established a Soil Competence Centre to gather soil information and develop a nationwide soil mapping concept.
• Water Quality: As the source of many European rivers, Switzerland prioritises water quality. The Federal Council decided to add an additional treatment stage to wastewater treatment plants to eliminate micropollutants and adopted an action plan to reduce the risk and promote the sustainable use of plant protection products.
• Biodiversity Preservation: Switzerland's diverse habitats support an extraordinarily rich biodiversity, but it has been declining for decades. The Federal Council adopted an action plan for the Swiss Biodiversity Strategy and increased funding for nature conservation. The main objective is to develop a well-functioning network of protected areas for plant and animal species.
• Air Quality: Switzerland has successfully reduced air pollutant emissions in recent decades through measures taken by the Confederation, cantons, and municipalities. To maintain good air quality, the country supports the development and use of environmentally friendly technologies for motor vehicles, agricultural and industrial plants, and heating systems.
• Climate Change Mitigation: Switzerland aims to keep the rise in global temperatures below 1.5°C by 2050. The focus is on reducing greenhouse gas emissions, with a CO2 levy on fossil fuels that particularly affects the industrial and construction sectors.
• Sustainable Development: The Confederation encourages the use of innovative and sustainable products and educates the population about environmentally sustainable behaviour. It promotes resource-saving, climate-friendly, and sustainable technologies, such as the use of locally generated renewable energy.

Animal welfare

Switzerland has some of the world's strictest animal welfare laws, and its farmers voluntarily participate in various animal welfare programs. The country is set to become the first nation to entirely ban factory farming.

The Swiss Animal Welfare Act, approved by Swiss voters in 1978, protects the welfare and dignity of animals. The Act prohibits inflicting pain, suffering, harm, or fear on an animal, or otherwise violating its dignity. It also bans mishandling, neglect, or unnecessary overwork. This legislation applies to all vertebrates and some invertebrates designated by the Federal Council.

The Animal Protection Ordinance sets out the minimum requirements for the keeping and use of animals. It stipulates the minimum dimensions and equipment for enclosures, enrichment options, and social contacts, as well as outdoor runs and the climate of animal houses.

Livestock holdings are inspected periodically to check compliance with animal welfare regulations. Animal houses must be illuminated by daylight, and animals cannot be kept permanently tethered. Social animal species cannot be kept individually, and enclosures must meet the minimum requirements of the Animal Protection Ordinance.

In 2018, Switzerland updated its animal protection laws to include the transportation and killing of lobsters and crabs, making it illegal to boil a conscious lobster. In 2019, the Swiss parliament banned the shredding of live male chicks, which were deemed worthless in the egg industry.

Switzerland has detailed and species-specific animal husbandry guidelines. For example, in livestock pens, each head of cattle must have at least two square meters, and there are ceilings on the number of livestock on farms.

The trip to the slaughterhouse is also regulated. While animals can be transported for up to 24 hours within the EU, the limit in Switzerland is eight hours, with a maximum of six hours on the road. Mammals must be stunned before slaughter, and bleeding must be done while the animal is unconscious.

Farm subsidies

Switzerland has a strong agricultural lobby, and the country's farmers enjoy a range of privileges and subsidies. The Swiss government provides financial support to farmers, particularly those operating smaller-scale farms, to ensure their economic viability and encourage their continued operation. This support helps maintain the agricultural character of the land and prevents consolidation into large-scale industrial agricultural operations.

The Swiss Federal Act on Agriculture (LAA) aims to promote sustainable agriculture, protect farmers and farmland, and ensure the availability of high-quality food for the population. The LAA establishes agricultural land zoning, where farming activities are prioritised and protected through strict restrictions on the conversion of agricultural land for non-agricultural uses.

Farmers in Switzerland receive subsidies and grants for a variety of purposes, including:

• Adopting sustainable agricultural methods, such as organic farming and integrated pest management.
• Land improvements and agricultural buildings.
• Work deemed valuable for the whole community.
• Interest-free loans for farming infrastructure, such as housing, stables, and farm shops.
• Direct payments for cultivating fruit trees and traditional chestnuts, promoting biodiversity.
• Direct sales of meat, potatoes, bread, and eggs, which are exempt from value-added tax.
• Fuel for farm vehicles, with cheaper petrol and diesel prices for farmers.
• Family allowances, provided by the federal and cantonal governments, for the farmer and family members working on the farm.
• Retraining costs if a farm is abandoned, with federal authorities covering half the expenses.
• Lower tax rates, based on the estimated rental value of their property, resulting in lower housing costs for farming families.
• Exemptions from Switzerland's heavy goods vehicle tax and the Sunday and night ban on driving heavy vehicles for designated farm vehicles.

Farmland usage rights

Switzerland has a longstanding tradition of valuing and protecting small farmers and their farmland, with Swiss law actively promoting local family farms. This commitment to small-scale agriculture is enshrined in the Swiss Confederation Constitution, which explicitly states that the Confederation and the Cantons (Swiss states) must ensure the preservation of agricultural land.

The Swiss Federal Act on Agriculture (LAA) aims to promote sustainable agriculture, protect farmers and farmland, and ensure the availability of high-quality food for the population. Under the LAA, the Swiss government has established agricultural land zoning, where farming activities are prioritised and protected through zoning regulations that restrict non-agricultural development.

The LAA imposes strict restrictions on converting agricultural land for non-agricultural uses. Any change in land use from agricultural to non-agricultural requires a permit, and such permits are only granted under exceptional circumstances. This control over land conversion helps maintain farmland and prevents its loss to urbanisation or industrialisation.

Swiss law recognises the importance of family farming and provides measures to facilitate the transfer of farms from one generation to the next, ensuring the continuity of farming activities and preventing land speculation. This support helps maintain the agricultural character of the land and prevents its consolidation into large-scale industrial agricultural operations.

In addition, Switzerland has established agricultural land reserves managed by the Swiss Federal Office for Agriculture (FOAG). These reserves consist of high-quality agricultural land and serve as a buffer against the loss of farmland due to urbanisation or natural disasters.

The acquisition of agricultural land in Switzerland is subject to specific regulations. A permit is generally required by both foreign and local investors to acquire an agricultural business or agricultural land. Exceptions include cases of inheritance or acquisition by a co-owner. The law promotes land ownership for rural farmers and aims to prevent Swiss agricultural land from becoming a speculative investment object.

Almost half of all agricultural land usage rights in Switzerland are acquired through a specific agricultural lease regulated by the Federal Act on the Agricultural Lease. This act strengthens the position of the tenant and grants them a statutory right of first refusal to acquire the leased land. There are no formal requirements or obligations to register the lease in the land register. When established, the lease must run for at least nine years for farms and at least six years for separate land.

Switzerland's commitment to protecting and promoting small-scale agriculture is reflected in its agricultural policies, land usage rights, and support for family farms. These measures aim to preserve the country's agricultural heritage, ensure food security, and maintain a sustainable environment.

Frequently asked questions