1. Objection

1st Level of Complaint: Objection to the CEO Inspection Service SAP


Statutory Rights

The right to object, the postal address and the deadlines for objections are stated in each report of the Inspection Service SAP.


Address for Objections

Kontrolldienst STS, Weihermattstrasse 98, 5000 Aarau

Official in Charge of the Objection

CEO of the Inspection Service SAP

Deadlines

  •  Animal husbandry inspections within 10 days after recieving the inspection report.
  •  Animal transportation controls within 30 days after recieving the control report.
  •  Abattoir audits within 30 days after recieving the the audition report.

In reasonable cases, a prolongation of the deadlines by the CEO Inspection Service SAP can be applied for.

Form of the Objection

The objection must be written and well-founded.

Generally and in simple cases, verbal or telephonic objections can also be accepted and processed. If necessary, a written statement will be asked for.

The CEO Inspection Service SAP has the right to start a regular complaint procedure due to declarations or inquiries made by authorized bodies, even when not formulated as an official objection, if the content of these declarations or inquiries equals by substance an objection.

Content of the Objection

The objection must refer to specific decisions made during the corresponding criticised inspection or control.

It must contain for every single criticised decision a reason why this specific item of objection is inaccurate from the point of view of the objector.

Objection Charge

An objection is subject to charges.

The amount of the charge is determined annually by the internal QM meeting of the Inspection Service SAP and is publicated on the homepage of the Inspection Service SAP.

The objection charge will be refund entirely if, in the course of the complaint procedure (1st or 2nd level of complaint), at least one of the criticised decisions (i.e. item of objection) is adjusted in favour of the complaining party.

Handling of Objections

  • Acknowledgement of receipt
    In order for all involved parties (controlled or inspected people/companies, traders and agents connected by contracts, clients, Complaint Committee SAP and the SAP inspector) to be informed that a complaint procedure is in progress, the CEO of the Inspection Service SAP will, after receiving the objection, issue a written receipt which in copy is sent to all parties involved. The objector additionally recieves a demand for payment of the objection charge.
  • Preparations
    In general, the processing of objections takes place in the head office by survey of the existing documents and requisites (checklists, former reports, accompanying documents, pictures a.s.o.), plausability checks of the statements of the inspector and the objector i.a. Hearings of the inspector and the objector, interviews with cantonal or federal offices, abattoirs, feed mills, animal traders a.s.o. are possible means of gathering additional information prior to decision making.
  • Approvement of the objections' qualifications
    As soon as the objection charge has been paid, the CEO Inspection Service SAP evaluates wether the objection qualifies for processing
    • Entire objection:
      Is the editor of the objection authorized to do so?

      → If not, the entire objection will be disapproved of.
    • Single items of objection:
      • Does the item of objection refer to one or multiple specific decisions of the corresponding inspection or control?
      • Is there a justified reason why the specific item of objection is inaccurate from the point of view of the objector?
      • Is the item of objection based on the inspector's / the Inspection Service SAP's proceedings and implementations of guidelines, evaluation criteria and inspection/control instructions currently valid?

→ If not, and especially when an item of objection criticises existing guidelines, laws and ordnances, inspection/control instructions or the severity of a penalty, the respective item of objection will be disapproved of.

Appealable Objection Decision

The CEO Inspection Service SAP issues an appealable objection decision based on the facts gathered. It must comment on each objection item and justify why each of them was approved or disapproved. Thereby, the following points must be clarified:

  • Was the inspection/control conducted according to the corresponding guidelines and instructions?
  • Are all statements and measurings plausible?
  • Are eventual calculations correct?
  • Was the criticised decision made in accordance with the corresponding evaluation criteria?

Disclosure of the appealable Objection Decision

The appealable objection decision is issued to the objector in writing.

All involved parties (inspected/controlled people or companies, traders and agents connected by contracts, clients, label owners, Complaint Committee SAP and the SAP inspector) recieve a written copy of the objection decision.

Subsequent Tasks

The CEO Inspection Service SAP arranges the adjustment of the report and its delivery to the recipients in question and the Complaint Committe SAP, if, due to the appealable objection decision, a correction of the initial inspection or control evaluation is necessary.

If further measures are considered to be necessary on the basis of the objection decision, a person responsible for their execution will be appointed and a deadline set. The CEO Inspection Service SAP supervises the measures' execution.

If there is no appeal against the appealable objection decision, the case will be closed and archived after 14 days earliest.

Complaint Procedure