Act on the Promotion of Agriculture (Cantonal Agriculture Act, LwG) - Purpose (LwG)

1. The purpose of the law is to ensure favorable conditions for the preservation and development of agriculture and to promote efficient, sustainable, and site-appropriate management.

2. In particular, businesses managed according to entrepreneurial objectives with environmentally friendly and animal-appropriate production are to be promoted.

3. Additionally, agricultural enterprises whose operations are hindered in near-natural cultural landscapes can be specially supported.

1. In the implementation of the law, cost-effective production of high-quality agricultural products is pursued. Other considerations, such as the maintenance and promotion of a diverse cultural landscape, and in particular the requirements of water, nature, animal, and environmental protection, public health, and spatial planning, must be taken into account.

2. Public and private interests must be balanced against each other. Wherever possible, consensual solutions should be sought.

1. The law applies to agriculture in accordance with federal legislation.

1. The law supplements the federal legislation on agriculture and regulates the enforcement, insofar as the canton is competent.

1. The municipalities assist the canton in promoting agriculture through official participation.

1. Agricultural organizations primarily serving self-help purposes, such as vineyard cooperatives, livestock cooperatives, etc., can be recognized as institutions of cantonal public law (Art. 33 ff. EC to the Swiss Civil Code).

2. Their statutes require approval by the competent department.

1. The supervision over the enforcement of this Act rests with the Government Council. It regulates competencies and procedures unless determined otherwise.

2. It may delegate tasks to municipalities, companies, and organizations.

3. To the extent that companies and organizations are entrusted with official tasks, the canton is liable according to the Liability Act.

4. The affected parties are obliged to provide information to the enforcement authorities and grant them access to their premises.

5. The Office of Agriculture is the cantonal specialist agency for geospatial data concerning land improvement pipelines.

1. The measures of this section aim at the economical and sustainable use of the soil.

1. The fertility of the soil and the natural properties of the agriculturally usable land must be maintained.

2. To this end, the government council regulates structural improvements, may issue regulations on the use of production resources, and coordinates the enforcement of federal and cantonal laws on soil pollutants as well as chemical legislation. It may, in particular, support soil investigations and provide advice on improving soil quality.

1. The canton may support land improvements, the creation and renovation of agricultural buildings and facilities, as well as other structural improvements provided for under federal law, through consultation.

2. This official involvement is a prerequisite for the provision of a cantonal contribution.

3. The government council may order land improvements, particularly comprehensive land consolidations, on its own initiative if they are in the public interest.

1. Land improvements are to be carried out either as private law enterprises or in the legal form of public law cooperatives (amelioration cooperatives) in accordance with the provisions of Article 703 of the Civil Code.

2. In the case of land consolidation and land leasing adjustments carried out as private law enterprises, the municipal council or the designated authority can ensure the organization of the enterprise.

3. Landowners within the catchment area of a public law land improvement enterprise are obligated to participate according to federal and cantonal law.

4. The implementation of a comprehensive land improvement is decided when

a) The majority of the involved landowners, who together own more than half of the claimed land, agree, or

b) The owners of at least two-thirds of the included area agree.

5. Landowners not participating in the decision-making process are considered to be in agreement.

6. Each community of co-owners and each joint tenancy counts with one vote each.

7. Landowners unable to appear in person may be represented by a legally competent person provided with written authorization. The casting of more than two votes by the same voter is inadmissible.

1. The costs of structural improvements, insofar as they are not covered by contributions from the federal government and the canton, shall be borne by the involved property owners in proportion to the benefit they derive from the venture.

2. For leasehold land consolidation, the special regulation of Art. 21 applies.

3. The canton provides contributions only if the measures are in the public interest.

1. The canton contributes to the costs of land improvement measures, to the extent supported by the Confederation, up to a maximum rate of 40%.

2. Excluded are new drainage projects and projects for new road facilities.

3. The amount of contributions is graduated according to

a) the public interest in the measure

b) the economic viability of the project

c) the development potential of the enterprise or operation and the economic situation of the applicant

d) the degree of difficulty of management conditions

4. The government council determines the details in the ordinance.

1. The canton provides a contribution to the costs for the construction and renovation of agricultural buildings and facilities, which triggers the maximum federal contribution.

2. The government council stipulates the details in the ordinance.

1. In special cases to achieve ecological objectives or to avert dangers, the canton may grant contributions

a) * to road installations and drainage projects

b) to measures for which the federal government does not provide contributions

1. A comprehensive land improvement (land consolidation, land regulation) supported by public funds requires a legally binding zoning plan.

2. The area of consideration (perimeter) is limited to areas outside the construction zone.

3. Prior to planning, an agricultural and landscape preliminary planning must be conducted by the responsible municipal council. This includes clarifications regarding the feasibility, framework conditions and objectives of the venture, as well as the delimitation of the consolidation area.

4. Coordination with protected areas (nature, landscape, water, soil, etc.) and spatial planning, as well as the information and involvement of the affected population, must be ensured from the outset.

5. As part of the execution of a comprehensive land improvement, the following must be publicly displayed for 30 days

a) the delimitation of the perimeter

b) the general project with ecological enhancement

c) the existing ownership status

d) the soil and inventory valuation

e) the construction projects

f) the reallocation draft

g) the financial equalization table

h) the tree assessment

i) the cost distribution

6. The government council sets out the details in the ordinance.

1. Property owners are entitled to receive new plots of land whose value corresponds proportionally to the total value of the respective area of use, similar to that of the originally contributed plots. Minor variations in allocation may be compensated in cash.

2. The new plots of land shall be allocated to be similar in nature and location to the original plots. They should be consolidated as reasonably as possible within the individual areas of use and should generally allow the owners the same utilization as the original state of ownership.

1. For jointly used constructions and installations of comprehensive land improvement, the landowners are required to proportionally cede land.

2. If more land is required for public works and facilities than can be allocated to the community according to its entitlement, it will be procured through a special deduction from the value of the existing properties of all landowners and compensated to the enterprise at market value.

1. For other land improvement projects, the provisions concerning comprehensive land improvement shall apply accordingly.

1. The goal of leasehold land consolidation is to optimally allocate leased land to various agricultural enterprises and to achieve an ecological enhancement of the involved properties.

2. The costs of leasehold land consolidation, to the extent that they are not covered by contributions from the federal government and the canton, shall be borne by the participating cultivators in proportion to the benefit they derive from the enterprise.

1. The obligation for management and maintenance, the prohibition of misuse and re-division, as well as the reimbursement of contributions and the revocation of investment credits are governed by federal law.

2. The supervisory authority within the meaning of federal law is the competent department, with the court of appeal being the superior court. Annotations in the land register are filed by the office responsible for land improvements.

1. Operation and maintenance of the land improvement works, as well as the construction, operation, and maintenance of the goods and forest roads, are the responsibility of the local municipality. Article 24 remains reserved.

2. The local municipality may collect a contribution from the owners of properties located outside the construction zone, based on the area measurement, for the full or partial financing of the construction, operation, and maintenance of the goods and forest roads and the operation and maintenance of the land improvement works. It may provide for a basic contribution.

1. The municipality may delegate the maintenance obligation to a property corporation.

2. When a property corporation is formed, the regulations must at a minimum address the following

a) the property and forest roads as well as the land improvement projects owned by the property corporation

b) the agricultural and forestry land as well as the developed properties outside the building zone, whose owners are members of the property corporation (corporation area)

c) the duties of the corporation

d) the appointment, composition, and election of the corporation's bodies

e) the duties of the corporation's bodies

f) the financing

g) the liability for the obligations of the corporation

3. Additionally, the provisions applicable to municipalities shall apply correspondingly to the property corporation.

1. In land improvement projects, objections can be raised with the company within the publication period.

2. In comprehensive land consolidations, decisions by the competent authorities can be appealed at the Agricultural Arbitration Court within 20 days of notification.

3. The appeal can address all procedural defects and issues of the contested decision. Usually, an appeal hearing is conducted. Furthermore, the provisions of the Administrative Jurisdiction Act apply mutatis mutandis.

4. Arbitral decisions can be appealed to the Superior Court as an administrative court.

5. In other land improvement projects, objection decisions can be contested by means of an appeal to the Executive Council. The procedure is governed by the Administrative Jurisdiction Act.

1. The canton implements the federal regulations regarding operational assistance and financial aid. It grants contributions to operational assistance, provided this is necessary for the allocation of federal contributions.

2. The implementation of the measures is entrusted to the Schaffhausen Farmers' Credit Cooperative.

3. The details are regulated by the decree of the Cantonal Council.

1. To grant interest-free or low-interest loans to owners or tenants of agricultural enterprises, the Cantonal Council determines the available loan amount.

2. The disbursement and recovery of the loans are carried out according to the federal statutory provisions on operational assistance by the Schaffhausen Farmers' Credit Fund.

1. Loans up to 40% of eligible costs are specifically granted for

a) Facilities and machinery that producers acquire through joint self-help and which enable particularly environmentally friendly management

b) The conversion of agricultural operations to organic farming, provided that the funds allocated for operational assistance (Art. 26) have been exhausted

c) * Other individual or inter-company measures in the area of sustainability.

1. To further support environmentally friendly initiatives in agriculture, the canton may provide contributions independent of the question of direct payment eligibility, particularly to

a) special ecological services and measures to promote regional biodiversity and landscape quality

b) additional measures that help environmentally friendly production methods to prevail

c) the renewal of vines in steep slopes

d) the promotion of the cultivation of standard fruit trees

1. The canton may support efforts to protect the designation of Schaffhausen quality products, particularly designations of origin, geographical indications, quality labels, and seals of approval.

2. The canton may support measures taken to ensure the authenticity and quality guarantee of Schaffhausen agricultural products.

1. The canton may support marketing measures for environmentally friendly agricultural quality products produced in the region.

2. This particularly applies to measures in the areas of

a) Marketing for products produced in the region

b) Public relations

3. Contributions from the canton will only be provided if the interested organizations participate with contributions.

4. The government council shall establish the criteria for granting contributions in the ordinance.

1. The canton may grant pre-emption rights to corporations established for the purpose of land improvements for agricultural properties located within their jurisdiction, provided that the acquisition serves the purpose of the corporation.

1. Permits under federal law are issued by the cantonal agricultural office; it is entitled to register annotations in the land register.

2. The supervisory authority in the sense of federal law is the competent department, and the appellate body is the supreme court.

3. The government council determines the office responsible for the assessment of the yield value.

1. Descendants of the lessor of an agricultural enterprise, who wish to cultivate it themselves and are suitably qualified, have the pre-lease right under federal law.

1. The date referred to as the customary local spring or autumn term in federal law is April 1st and November 1st.

1. The cantonal agricultural office issues the permits required under federal law, conducts rent control, handles objections, determines the surcharges or deductions on the rent provided for in federal legislation, and issues declaratory rulings according to federal law.

2. The municipal council of the municipality in which the leased object is located is entitled to object to the agreed rent.

3. The cantonal appeals authority is the government council.

1. The canton may contribute to the breeding of bees and other farm animals that are not subsidized by the Confederation.

1. The Agriculture Office grants permits for new vine plantings in accordance with the provisions of federal legislation.

2. Renewals of vineyard facilities must be reported to the Agriculture Office.

1. The cultivation of vines for commercial wine production is restricted to the areas listed in the vineyard register.

2. The agricultural office maintains the vineyard register.

1. Anyone cultivating vineyard plots is obliged to protect the vines from diseases and pests in such a way that neighboring vineyard plots are neither endangered nor affected.

2. The Agricultural Office may declare measures for the control of harmful organisms mandatory. In doing so, it takes into account the guidelines of recognized certification organizations, such as Bio Suisse.

3. In the event of violations against mandatory measures for the control of harmful organisms, the Agricultural Office decides on substitute performance.

4. If the ownership and tenancy of vineyard plots, which comprise 2/3 of the area of a contiguous wine-growing region, are organized in a body (winegrowers' cooperative, winegrowers' association), the Agricultural Office may, upon request, delegate the competence to impose measures according to paragraph 2 to the body.

5. In the case of task delegation according to paragraph 4, the bodies are obliged to report non-compliance with mandatory measures to the Agricultural Office. They are compensated for their control activities. The government council regulates the details.

1. The Agricultural Office exercises supervision over the grape harvest.

2. The cultivators and winery businesses are obliged to provide the necessary current data in a timely manner.

1. The government council appoints the cantonal viticulture commission after consulting the industry organization.

2. It consists of a total of five representatives from production and winemaking, as well as a representative from the agricultural office with an advisory vote.

3. ...

1. The Cantonal Winegrowing Commission is specifically responsible for

a) determining the natural minimum sugar content for grape musts

b) providing advice to the government on viticulture issues, especially in the event of amendments to the Wine Ordinance.

c)-d) * ...

2. Additional tasks of the Commission are determined by the Government Council.

1. The Government Council regulates the unified production areas and the requirements for the protected designation of origin by means of an ordinance.

1. The canton ensures the protection of cultivated plants against particularly dangerous harmful organisms in accordance with federal regulations, while striving to preserve the environment as much as possible.

1. The Government Council may declare harmful organisms of local significance as particularly dangerous and their control mandatory, insofar as there are no federal regulations applicable.

2. Such an order generally requires that

a) according to surveys by the cantonal plant protection service or the federal research institutes, a dangerous infestation has occurred or is to be expected,

b) the impending damage is of economic significance, and

c) effective or economical control is not possible with voluntary measures.

3. Control measures may also be declared mandatory if they can avoid or restrict extensive future chemical control.

4. The environment must be taken into consideration.

1. The canton ensures vocational education in the fields of agriculture, rural domestic economy, and agricultural specialty professions. This includes

a) basic training

b) further education

c) advisory services

1. The Government Council is authorized to conclude contracts with domestic and foreign partners for agricultural vocational training and to undertake the corresponding financial commitments.

1. Contributions may be reduced or refused if the applicant violates this law, the implementing provisions, or the orders issued based on them.

2. The reduction or refusal applies at least for the years in which the applicant violated the provisions.

1. If the conditions under which a grant was awarded are no longer fulfilled or if stipulations or conditions are not adhered to, the grants shall be reclaimed in whole or in part.

2. Improperly received grants or financial advantages must be returned or offset, regardless of the application of penal provisions.

1. Concerning the shifts in the financing of projects in the area of structural improvements as well as landscape quality and networking projects, the time of application submission is decisive.

2. The viticulture fund will be liquidated. The use of the liquidation proceeds is determined by the government council.