Facts
The case concerns a company, Z., which imported Turkish figs contaminated with aflatoxin into Switzerland in 1986 and 1987. The person in charge of the company, X., was convicted of an offense under the Foodstuffs Trade Act (LCDA) and appealed to the Federal Court.
The facts are as follows: X. imported Turkish figs that contained high levels of aflatoxin, a carcinogenic substance. The Swiss authorities discovered the contamination and ordered the seizure of the figs. X. was convicted of an offense under the LCDA and appealed, arguing that the offenses were minor and that the criminal procedure had not been respected.
Considerations
The Federal Court examined X.'s arguments and concluded that the offenses committed were not minor, as they concerned public health and consumer safety. The Court also rejected X.'s argument that the criminal procedure had not been respected, as the Foodstuffs Trade Act does not provide for a specific procedure for offenses of this type.
The Court also examined the issue of determining the hazardousness of substances contained in foodstuffs and concluded that it must be determined according to the laws of nature and not…