ADAM MICKIEWICZ UNIVERSITY
Faculty of Law and Administration
Poznan (Poland))
ORGANIC PRODUCTSLEGAL ASPECTS
I. Organic products – introductionII. Organic farming rulesIII. Control systemIV. Labelling
I. Organic products – introduction„Organic production is an overall system of farm managementand food production that combines best environmentalpractices, a high level of biodiversity, the preservation of natural resources, the application of high animal welfare standards and a production method in linewith the preference of certain consumers for products produced using
ORGANIC means coming from or related to organic production
ORGANIC PRODUCTION
means the use of the production method compliant with the rules established in LAW, at all stages of production, preparation
and distribution
PRODUCTION RULESagricultural products, including aquaculture and yeastplants living or unprocessed productsprocessed foods animal feedseeds and propagating material
Not included in its regulations of organic farming are products from hunting and fishing of wild animals
In the EuropeThe annual growth in the market for organic products is between 10- 15%European sales of organic products were worth between €13-14
II.Organic farming rules
COUNCIL REGULATION (EEC) No 2092/91 of 24 June 1991on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND
The Commission strongly recommends Member States to make full use within their rural development programmes of the instruments available to support organic farming, for example by developing national or regional Action Plans focussing on:stimulating the demand side by using the new quality schemes;actions in order to preserve the benefits for the environment and nature protection
developing incentives to producers to facilitate the distribution and marketing by integrating the production chain by (contractual) arrangements between the actorssupport to extension servicestraining and education for all
operators in organic farming, covering production, processing and marketing
Including provisions in Council Regulation (EEC) No 2092/91 clarifying
that products that are labelled as containing GMOs, can not be labelled as organic
that the general labelling thresholds equal the thresholds for the adventitious presence of GMOs for products (other than seed) used in organic farming
LEGAL FRAMEWORKCouncil Regulation (EC) No 834/2007 of 28
June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91
Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regards to organic production, labelling and control
LEGAL REQUIREMENTS
All legal requirements of the organic farming
must be respected by farmers
Only the certified products can be named „ORGANIC”
In the UE
GENERAL OBJECTIVES1. establish a sustainable
management system for agriculture
2. aim at producing products of high quality
3. aim at producing a wide variety of foods and other agricultural products that respond to consumers’ demand for goods
PRINCIPLESProduction based on ecological systems using natural resources which are internal to the systemThe restriction of the use of external inputsThe strict limitation of the use of chemically synthesised inputs
the adaptation, where necessary,
and within the framework of Regulation N. 834, of the rules of
Specific principles
Specific principles applicable to farming
Specific principles applicable to processing of organic food
Specific principles applicable to processing of organic feed
General requirements Prohibition on the use of: genetically modified organisms or GMOs orproducts produced from GMOs orproducts produced by GMOs
Prohibition on the use of ionising radiation
The use of ionising radiation for the treatment of organic food or feed, or of raw materials used in organic
CONVERSION
during the conversion period all rules established by LAW shall apply conversion is a special period for production when production is goigng to be adapated to ORGANIC
Reg. No 834
CONVERSION means the transition from non organic to organic farming within a given period of time, During which the provisions concerning the organic production have been applied
Farm production
The entire agricultural holding shall be managed in compliancewith the requirements applicable to organic production
When not all units of a holding are used for organic production, the operator shall:
keep the land, animals, and
products used for, or produced by, the organic units separate from those used for, or produced by, the non-organic units
andkeep adequate records to
Plant production rules
Requirments
organic plant production shall use tillage and cultivation practices that maintain or increase soil organic matter,enhance soil stability and soil biodiversity, and prevent soil compaction and soil
the fertility and biological activity of the soil shall be maintained and increased by multiannual crop rotation
including legumes and other green manure crops, and by the application of livestock manure or organic material, both preferably composted, f i d ti
for the production of products other than seed
and vegetative propagating material
only organically produced seed and propagating material shall be used
(mother plant and the parent plant
Production rules for seaweed
The collection of wild seaweeds and parts thereof, growing naturally in the sea is considered as an organic production
The collection does not affect the long term stability of the natural habitat or the maintenance of the species in the collection area
Livestock production rules
The origin of the animals:organic livestock shall be born and raised on organicholdingsfor breeding purposes, non- organically raised animalsmay be brought onto a holding under specific conditions –after conversion
Husbandry practices and housing conditions
husbandry practices, including stocking densities, and housing conditions shall ensure that the developmental, physiological and ethological needs of
i l t
organic livestock shall be kept separate from other livestock
tethering or isolation of livestock shall be prohibited, unless for individual animals for a limited period of time, and in
f thi i j tifi d f
duration of transport of livestock shall be minimised
any suffering, including mutilation, shall be kept to a minimum during the entire life of the animal
Breeding:
reproduction shall use natural methods
reproduction shall not be induced by treatment with hormones or similar substances, unless as a form of
t i th ti
Feed:
primarily obtaining feed for livestock from the holding where the animals are kept or from other organic holdings in the same region
Production rules for aquaculture animals
The origin of the aquaculture animals:
organic aquaculture shall be based on the rearing of young stock originating from organic broodstock and organic holdings
Husbandry practices:
personnel keeping animals shall possess the necessary basic knowledge and skills as regards the health and the welfare needs of the animals
Products and substances used in farming and criteria for their
authorisation
plant protection products;
fertilisers and soil conditioners;
non-organic feed materials from plant origin, feed
material from animal and mineral origin and certain
substances used in animal nutrition;
feed additives and processing aids;
products for cleaning and
Rules on the production of processed feed
Rules on the production of processed food
Rules on the production of organic yeast
Criteria for certain
III. Control System
Control rules
Member States shall set up a system of controls and designate one or more competent authorities responsible for controls in respect of the obligations established by Regulation No 834/2007
Regulation No 882/2004 on the official food and feed control is the reference legislation
the organic legislation sets out more specific provisions on organic
The competent authority may:confer its control competences to one or more othercontrol authoritiesdelegate control tasks to one or more control bodiesIn that case, the Member States shall designate authorities responsible for the approval and supervision of such Bodies
The systems in each of the Member States are indicated as follows:A: System of approved private control bodies(France, Hungary, Ireland, Greece, Germany, Czech Republic, Cyprus, Bulgaria, Belgium, Italy, Latvia, Portugal, Slovakia, Sweden, UK)
B: System of designated public control authority (ies)(Fineland, Estonia,Denmark, Lithuania, Netherlands)
From 1 July 2010 the code number of the control body or control authority to which the operator who has carried out the most recent production or preparation operation is subject must appear in the labelling
In case the competent authority delegates control tasks to control bodies, which are private entities, each of such control body has to fulfil the tasks the control body may carry out must be described as well as the Conditions proof is required about expertise, equipment, infrastructure, number and qualification of staff impartiality and
ACREDITATION
the control body is accredited to the most recently notified version, by a publication in the C series of the OfficialJournal of the European Union of European Standard EN 45011 or ISO Guide 65 (General requirements for bodies operating product certification
Approval of control bodies already approved in another
Member StateThe reg. No 834/2007 does not specify:
where a control body should
originate from or
where it should have its offices in order to be approved by a M b St t t t
When a control body has been approved in one Member State, it cannot be refused approval in another Member State only because it has no place of business or other permanent infrastructure in that second Member State
Exemptions from the control system
Member States may decide to exempt from the control system operators who:
sell products directly to the final
consumer or user
provided that they do not
produce,prepare, store other than in connection with the point of sale or import such productsor have not contracted out such
ti iti t thi d t
IV. Labelling
EU-logo can brings only products: which contain only, or almost only,organic ingredients in order not to mislead consumers as to the organic nature of the entire product It is not allowed to use it in the
UE organic production logo may be used in :•the labelling•presentation•advertising of products which satisfy the requirements set out under the Regulations
the EU-logo can not disturb using simultaneously national or private logosNational and private logos may be
used in the labelling, presentation and advertising of products which satisfy the requirements set out under LAWconsumers must be informed about
the place were the agricultural raw t i l f hi h th d t i
in particular, the terms listed in the Annex to Reg. 834/2007 and their derivatives or diminutives, such as „BIO” and „ECO”, alone or combined, may be used throughout the Community and in any Community language for the labelling and advertising of products which satisfy the legal requirements
Labelling and advertising of live or unprocessedagricultural products
mentioned terms may be used only where, in addition, all the ingredients of that product have also been produced in accordance with the requirements laid down iby LAW
Case of dairy products in Spanish legislation called with the terms „BIO” products not obtained in accordance with the regulation
European Court of Justice refused to declare an
In diffrent case, refered to the Regulation No. 392/2004 European Court of Justice expressed an opinion in the matter of the interpretation of Article 2 that its must be interpreted as precluding the use of any indication
On the processed food labelling, the terms referred to ORGANIC FARMING may be used:
in the sales description (when
at least 95 % by weight, of its ingredients of agricultural origin are organic and requirements are satysfied)
only in the list of ingredients
Compulsory indications
Expamples the code number the control authority or control body the UE logo as regards pre- packaged food ‘EU Agriculture’ ‘non-EU Agriculture’ ‘EU/non-EU Agriculture’
the use of the UE logo and the indications above mentioned are OPTIONALfor products imported from third countries
However, where the UE logo appears in the labelling, the indications
b ti d t
Top Related