Alcohol Act (Switzerland)

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Basic data
Title: Federal law on
distilled water
Short title: Alcohol Act
Abbreviation: AlkG
Type: Federal law
Scope: Switzerland
Legal matter: Tax law
Systematic
legal collection (SR) :		 680
Original version from: June 21, 1932
Entry into force on: January 1, 1933
Last change by: 1st January 2018
Please note the note on the applicable legal version.

The federal law on distilled water ( Alcohol Law , SR 680) of June 21, 1932 is a Swiss law that regulates the production, distribution, purchase and consumption of alcoholic beverages . It is based on Article 105 as well as Article 131 paragraph 1 letter b and paragraph 3 of the Federal Constitution .

The Federal Alcohol Administration (EAV) is responsible for enforcement.

Content of the law

The Alcohol Act applies to drinks that contain ethanol in any form and regardless of how it is made (so-called spirits ). Wines with an alcohol content of more than 18 percent by volume ( e.g. vermouth , sweet wines , wine specialties) and alcopops also fall within its scope . Other alcoholic beverages ( e.g. beer , wine or fruit wine ) are not regulated by the Alcohol Act, but by the Swiss Food Act (SR 817.0).

The federal law regulates the production and trading of spirits and their taxation. It also contains provisions on the import and distribution of ethanol. The federal government has a monopoly on the production of spirits as well as on the production and import of ethanol.

history

The first alcohol law dates from 1887. The production of potato schnapps was primarily regulated. The trigger for this was the so-called potato schnapps . It was not until 1932 that all distilled water was taken into account in the Alcohol Act. In addition, from 1949 the alcohol-free use of fruit and potatoes was promoted.

In 1997 the Alcohol Act was subjected to another fundamental revision. The market was liberalized and the flat tax rate was introduced. Production facilities were also made easier for Swiss industry . In addition, the non-alcoholic fruit and potato utilization was newly integrated into the agricultural policy.

With small exceptions, the Alcohol Act also applies in Liechtenstein .

Partial revision of the Alcohol Act (2016)

After the failure of the total revision of the Alcohol Act in December, the Federal Council proposed a partial revision in two steps.

The first partial revision was initiated in early 2016 and includes the non-controversial organizational aspects of the total revision: the integration of the Federal Alcohol Administration ( EAV) into the Federal Customs Administration (FCV) , the privatization of Alcosuisse and the liberalization of the ethanol market. The federal councils passed the partially revised law without changes at the 2016 autumn session. It will come into force gradually in 2017 and 2018. The ethanol market is expected to be liberalized at the end of 2018.

Failed attempt at a total revision (2008-2015)

Starting position

The Alcohol Act is one of the oldest federal laws. Despite several partial revisions, it no longer does justice to today's socio-political and economic realities:

  • The potato schnapps of the 19th and 20th centuries has long since given way to a largely responsible use of alcohol.
  • Local spirits production is on the decline. In the last 30 years, their share of the Swiss market in terms of volume has decreased from over 80 percent to around 13 percent or 3 percent of the market for alcoholic beverages.
  • Ethanol has not been produced in Switzerland since 2008.

With the new federal constitution , the legal starting position has also changed: Today the federal government is no longer obliged to take measures to reduce the import and production of spirits and ethanol. Art. 105 of the new federal constitution only obliges to take into account the harmful effects of alcohol.

aims

The total revision of the Alcohol Act is intended to create an important prerequisite for increased efficiency and effectiveness of federal alcohol policy. In particular, the following three goals should be achieved:

  1. Liberalization of the ethanol and spirits market
  2. Optimization of the tax and control system
  3. Optimization of the legal system

Consultation (2010)

On June 30, 2010, the Federal Council opened the consultation process for the total revision of the Alcohol Act. He presented two bills:

  • The Spirits Tax Act (SStG) is intended to regulate the collection and control of the consumption tax levied on spirits and ethanol for consumption purposes.
  • The (new) Alcohol Act (AlkG) is intended to summarize the trade and advertising provisions that are regulated in various laws and apply to alcoholic beverages and place them under uniform enforcement responsibility.

A total of 183 comments were received between the beginning of July and the end of October 2010 by the lead Federal Alcohol Administration (EAV).

The draft of the Spirits Tax Act met with broad approval. In contrast, the Alcohol Act met with approval from the cantons and municipalities, but received criticism from business, which judged the measures to be too extensive and claimed that there was no constitutional basis for regulating the sale of beer and wine. For their part, prevention representatives welcomed the thrust of the new alcohol law, but considered the proposed measures to be insufficient and were supported by various cantons.

Message (2012)

Taking into account the results of the consultation, on January 25, 2012 the Federal Council passed the dispatch on the total revision of the Alcohol Act. He submitted two draft laws to the Federal Councils: the Spirits Tax Act and the Alcohol Trade Act.

Three monopolies - the production and import of ethanol and the production of spirits - and 41 of the 43 state permits are to be revoked. Targeted tax reliefs that are compatible with international agreements are intended to relieve the industry (deductions for manufacturing, processing and storage losses, tax graduation for small manufacturers, tax exemption for food containing spirits).

In the area of ​​advertising, the restrictions on liquor advertising are to be eased slightly, but lifestyle advertising remains prohibited.

By confirming the legal minimum age for the supply of alcoholic beverages (18 years for spirits, 16 years for beer and wine), the creation of a legal basis for the implementation of test purchases and the ban on passing on alcoholic beverages to minors, youth protection provisions are to be implemented more effectively can. The harmonization of the so-called syrup article at the federal level obliges the dispensing companies to offer three non-alcoholic drinks that are cheaper than the cheapest alcoholic drink of the same quantity. This regulation is not only intended to encourage the consumption of non-alcoholic beverages, but also to restrict the serving of alcoholic beverages at rock bottom prices.

As a targeted measure against new hot spots, the Federal Council proposes the introduction of a "night regime" in alcohol sales: alcohol should no longer be bought in retail outlets from 10 p.m. to 6 a.m. and decoy offers should no longer be possible in the bars. As before, decoy offers for spirits should remain generally prohibited.

In order to take regional differences into account, these measures are intended as a federal standard that can be supplemented by the cantons if necessary.

After the abolition of the import monopoly on ethanol, Alcosuisse, the profit center of the SAB, is to be privatized. The remaining part of the SAB will be integrated into the Federal Customs Administration (FCA), renouncing its legal independence, and will remain as an organizational unit for the enforcement of alcohol policy and alcohol market supervision.

Parliamentary advice (2013–2015)

The parliamentary deliberations on the total revision of the Alcohol Act began on January 15, 2013 in the Commission for Economics and Taxes of the Council of States (First Council).

The template was written off in the difference adjustment procedure on the occasion of the 2015 winter session.

Before the total revision was written off, the following three differences existed between the two councils:

  • Tax system: In contrast to the Council of States, the National Council advocated various relief measures for the domestic spirits industry, including the introduction of a shortfall regulation, a 30% tax reduction for annual production of up to 1000 liters of pure alcohol (LrA) and extra-fiscal support measures.
  • Tax rate: The Council of States wanted to keep the current rate of 29 francs per liter of pure alcohol. The National Council stuck to the increase to 32 francs.
  • Alcohol sales: The Council of States approved a sales ban for retailers between 10 p.m. and 6 a.m. The National Council was against such a ban.

Web links

Individual evidence

  1. ↑ Announcement of April 29, 2014 of the Swiss legal provisions applicable in the Principality of Liechtenstein on the basis of the customs treaty (Annexes I and II)
  2. ↑ Media release of April 6, 2016 https://www.admin.ch/gov/de/start/dokumentation/medienmitteilungen.msg-id-61246.html
  3. ↑ text of the final vote. Retrieved November 4, 2016 .
  4. ↑ Federal Alcohol Administration SAB: Timetable for the entry into force. (No longer available online.) In: www.eav.admin.ch. Archived from the original on November 4, 2016 ; Retrieved November 4, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.eav.admin.ch
  5. ↑ http://www.news.admin.ch/message/index.html?lang=de&msg-id=34407 (Alcohol in numbers: trend towards falling consumption continues, EAV press release from July 29, 2010)
  6. ↑ Generation ( Memento from July 29, 2012 in the web archive archive.today )
  7. ↑ admin.ch: SR 101 Art. 105 Alcohol (Federal Constitution of the Swiss Confederation) , accessed on April 16, 2011
  8. ↑ http://www.news.admin.ch/message/index.html?lang=de&msg-id=34040 (EAV press release of July 30, 2010)