Initial situation
In most cases, the alcohol test purchases carried out in Switzerland to date have been for monitoring or prevention purposes. While only a few cantons previously had laws that enabled criminal prosecution, the majority of cantons did not have any such laws. This will change from fall 2024, as an additional article on alcohol test purchases will be included in the Federal Act on Foodstuffs and Utility Articles.
New legal article
The provisions will now be supplemented in Art. 14a "Alcohol test purchases" in the Federal Act on Foodstuffs and Utility Articles (Foodstuffs Act, FoodA, SR 817.0). This article will enable the cantons to take administrative and criminal action against offenders. The amendment to the law, together with the new Tobacco Products Act (TPA), is expected to come into force in fall 2024.
Implementation is the responsibility of the cantons
The cantons are responsible for implementing this article of the law. The cantonal authority commissions an organization to train young people in accordance with the quality standards set by the Confederation. However, the Confederation does not determine the type of administrative sanctions or criminal prosecution. This means that the cantons have a great deal of leeway when it comes to administrative and criminal measures.
Handling varies from canton to canton
For a long time, the canton of Lucerne worked closely with the cantonal prevention organization to enforce its test purchase law and now only issues warnings of CHF 200 for a fee. The canton of Geneva has taken a different approach, relying on the presence of an inspector and a police officer, both of whom are sworn, to enforce its test purchase law.
The penalties are correspondingly high: the first offense costs around CHF 3,000 if the seller is the company manager or CHF 1,500 if the seller is an employee. In addition, the license to sell alcohol is suspended for 30 days.
In the first case of repetition, the penalties are CHF 6,000 for the company manager and CHF 3,000 for employees, as well as a ban on the sale of alcohol for at least 60 days or even the withdrawal of the license. In the second repeat case, the penalties are CHF 12,000 and CHF 6,000 respectively, as well as the withdrawal of the license.
Corporate culture as a success factor
A supportive corporate culture in which the importance of protecting minors is clearly communicated is crucial. Train your employees! Make sure they are trained and able to understand and apply the law. Above all, however, you should encourage your employees to never underestimate the age of young people. If in doubt, ask for identification.
Free training for employees
The website age-check.ch offers free online training for sales staff, including a certificate. Important: If you cannot prove that you have trained your employees, you risk having to pay the fine yourself and, depending on cantonal regulations, losing your license.
Tools: JALK ID Scan App
The Federal Office for Customs and Border Security offers the JALK ID Scan App to easily calculate the age of young people.
Tips and recommendations
- Cultivate a corporate culture that promotes the protection of minors.
- Never try to estimate the age, but systematically ask for identification if the person who wants to buy belongs to the "young person" category.
- Train your staff in dealing with difficult cases, conflicts in the event of refusal (age, alcoholization, etc.)
- Introduce a mentoring system for new employees. Experienced employees have the task of passing on their knowledge and experience.
- Train employees free of charge at age-check.ch
- Use age determination tools such as Jalk ID Scan for all young people.
