The identification of the specific offenders in accordance with Article 39 may be dispensed with and the business establishment may be ordered to pay the fine if:
- the identification of the offenders under Article 6 of the Federal Act of 22 March 19741on Administrative Criminal Law requires investigation measures which would be disproportionate to the penalty that may be imposed; and
- a fine of no more than 20 000 francs comes into consideration for the contraventions of the provisions of this Act.