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