The competent cantonal authority may conduct or order test purchases in order to verify compliance with the age restriction for the supply of alcoholic beverages.
A test purchase is the purchase or attempted purchase of an alcoholic beverage by an underage person who has been authorised to participate in the test.
The findings obtained from the test purchases may only be used in criminal or administrative proceedings if the following requirements are met:
The test purchases are conducted by the cantonal authority or by a recognised specialist organisation.
The underage person and a person with parental responsibility for the underage person have given written consent to participating in the test purchases.
The cantonal authority or a recognised specialist organisation establishes that:
1. the underage person is suitable for the intended activity; and
2. he or she is adequately prepared for the activity.
d. The underage person shall act anonymously and shall be accompanied by an adult.
e. No measures shall be taken to conceal the true age of the underage person.
f. The test purchase shall be recorded and documented immediately.
The Federal Council shall regulate in particular:
the recognition and supervision of the specialist organisations involved;
the details in relation to recruiting, instructing, accompanying and protecting the privacy of the underage person;
the requirements for recording and documenting the test purchases conducted;
the information given to the sales outlets concerned.
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