Draft Law “On Organic Production Principles”
PROJECT
It is submitted
by the Cabinet of Ministers of Ukraine
Yu.M. Azarov
“” 2012
Law of Ukraine
About the principles of organic production
_________________________________
This Law defines the legal and economic principles of organic production and circulation of organic products (raw materials).
Article 1. Definition of terms
1. For the purposes of this Law, the following terms shall be used to mean:
1) organic production area – a place for organic production that is suitable for agro-ecological justification for the production of organic products (raw materials) of plant and animal origin;
2) marking of organic products (raw materials) – words, signs, description of goods and services, name of the brand, image or symbols indicating the products are organic and placed on the packaging, label (sticker), consumer packaging, counter-label, label, leaflet – inserts, documents accompanying organic products (raw materials);
3) circulation of organic products (raw materials) – transfer (transportation) or storage of organic products (raw materials) and any actions related to the transfer of ownership of organic products (raw materials), including sale, exchange or gift of organic products (raw materials) );
4) Organic production operator – natural or legal person, regardless of the form of ownership, which carries out production (cultivation), processing, storage and sale of organic products (raw materials) in accordance with the law;
5) organs of certification of organic production – defined in the established order of the enterprise, institution and organization irrespective of the form of ownership, the activity of which is connected with organic production and which are residents of Ukraine;
6) organic production of aquaculture – fish and other aquatic living resources, bred and raised under special artificial conditions or in organic aquaculture facilities designated for organic production;
7) organic products (raw materials) – products (raw materials) obtained as a result of organic production in accordance with the rules of such production;
8) organic production – a holistic system of management and production of food (raw materials) and other types of products, the purpose of which is to obtain organic products (raw materials) at all stages of its production and which takes into account the requirements for the cultivation and entry into circulation of organic products (raw materials), aimed at improving the main indicators of the state of health of the population, environmental protection, ensuring the rational use and reproduction of soils and other natural resources;
9) transition period – the period of transition from traditional (inorganic) to organic production, which starts from the day of application for certification of organic production and during which the transition from conventional agricultural production (growing) technologies to organic production in accordance with the requirements of this Law is ensured;
10) rules of organic production – a normative legal act approved by the central body of executive power on issues of formation and implementation of the state agricultural policy in the field of organic production, which defines requirements for growing, production, processing, marking, transportation, storage and sale of organic products (raw materials), including mandatory organic production provisions;
11) register of organic production operators – a list of organic production entities that have been granted the right to produce (grow), process, store and sell organic products (raw materials);
12) certification of organic production – the procedure for establishing conformity of the process of production of organic products (raw materials) by the operator of organic production with the requirements of this Law;
13) traditional (inorganic) products – products made using conventional technologies for the production (cultivation) of agricultural products using chemical plant protection products, synthetic mineral fertilizers, preservatives, synthesized (artificial) dyes, hormones, antibiotics, flavor stabilizers, stabilizers, stabilizers , growth promoters in accordance with the law.
Article 2. Legislation of Ukraine in the field of organic production
1. Legislation of Ukraine in the field of organic production consists of the Constitution of Ukraine, the Land Code of Ukraine, the Laws of Ukraine “On Environmental Protection”, “On Food Safety and Quality”, “On Consumer Protection”, “On Confirmation of Conformity”, this Law and other normative-legal acts regulating public relations in the specified sphere.
Article 3. Tasks of the state policy in the field of organic production
1. The objective of state policy in the field of organic production is to create favorable conditions for:
1) development of competitive, highly efficient agriculture through organic production;
2) increase in export of organic products (raw materials);
3) development of the internal market for organic products (raw materials) and customer satisfaction (safety and quality);
4) production of high quality organic products (raw materials);
5) protection of the environment, reproduction and rational use of natural resources, public health;
6) identification of organic production areas;
7) introduction of economic stimulation of organic agricultural production, as well as implementation of other measures aimed at improving the quality of organic production (raw materials) of domestic production and reducing its value.
Article 4. Measures aimed at the implementation of state policy in the field of organic production
1. The State in the field of organic production shall take measures to:
1) creation of a unified system of public administration in the field of organic production;
2) introduction of certification of organic production;
3) organization of training of qualified personnel for organic production, improvement of their qualification, promotion of fundamental and applied scientific research in the field of organic production;
4) dissemination of information on organic production, organic products (raw materials), guarantees and controls, in particular through the media.
Article 5. Principles of Organic Production
1. The general principles of organic production are:
1) voluntariness;
2) equality of rights of organic production operators;
3) rational use of natural resources;
4) compliance with the requirements for organic production provided for by this Law and other legal acts regulating public relations in the field of organic production.
2. The specific principles of organic production are:
1) preservation and reproduction of soil fertility using methods that optimize soil biological activity, ensure a balanced supply of nutrients to plants while preserving land and other natural resources necessary for the production of organic products (raw materials);
2) processing of waste and by-products of vegetable and animal origin in the process of production of organic products (raw materials);
3) taking into account the local ecological status of the territories;
4) supporting the health of animals by stimulating their natural immune defenses, as well as selecting appropriate forages and management methods;
5) maintenance of plant resistance as a result of carrying out preventive measures by selecting appropriate species and varieties resistant to pests and diseases, appropriate crop rotation, mechanical, physical and biological methods of protection;
6) production of organic livestock products from animals that have been organically abstained from birth and throughout life;
7) selection of breeds of animals, taking into account their ability to adapt to local conditions, their viability, disease resistance;
8) feeding animals with feed obtained from organic production and from natural substances of non-agricultural origin;
9) prohibition of breeding artificially bred polyploid animals.
Article 6. Powers of Central Executive Bodies in Organic Production
1. The powers of the central body of executive power to formulate and ensure the implementation of the state agrarian policy in the field of organic production include:
1) approval of the rules of organic production;
2) implementation of state policy in the said field;
3) participation in the development and implementation of the state program for the development of organic production;
4) keeping a register of organic production operators and ensuring the publication of official information on such operators;
5) placement of information on organic production, organic products (raw materials), system of guarantees and controls in the media.
2. The powers of the central body of executive power to ensure the formation and implementation of state policy in the field of technical regulation shall include:
1) harmonization of legal acts on organic production;
2) defining the basic principles, structure and rules of
the organic production certification system ;
3) development and approval of the procedure for designation of organic certification bodies;
4) the appointment in accordance with the established procedure of the certification bodies of organic production, coordination and control of their activities;
5) establishment of rules for certification of organic production and recognition of certificates of other countries for organic production;
6) resolving controversial issues in compliance with the rules of certification of organic production;
7) keeping the Register of organic production certificates;
8) organization of information explanation on certification of organic production.
3. The powers of the central body of executive power to ensure the implementation of the state policy in the field of consumer rights protection for the circulation of organic products (raw materials) shall be determined by the legislation on consumer rights protection.
Article 7. Principles of Organic Production
1. Production carried out by an organic production operator shall be considered organic upon receipt of a certificate for the production of organic products (raw materials) in accordance with the law.
2. Organic production is made exclusively of organic raw materials that meet the requirements of this Law.
3. The use of chemically synthesized substances, preservatives, synthesized (artificial) dyes, hormones, antibiotics, flavors, stabilizers, flavor enhancers, genetically modified organisms, derivatives of such organisms and products made from these organisms, as food, forbidden in organic production, shall be prohibited. technological additives, soil improvers, fertilizers, seeds, planting material of vegetative origin, microorganisms and animals.
4. The use of ionizing radiation for the treatment of organic feed or feed shall be prohibited.
5. Hydroponic production in organic production is prohibited.
6. Organic production shall be carried out in accordance with the rules developed and approved by the central executive authority on the formation and implementation of the state agricultural policy in the field of organic production.
7. Organic production rules should include requirements for:
1) production of unprocessed organic products (raw materials) of vegetable origin, including mushrooms;
2) production of unprocessed organic products (raw materials) of animal origin;
3) production of organic products (raw materials) of aquaculture;
4) conducting organic beekeeping;
5) processing of organic products of vegetable and animal origin, including wine production;
6) production, storage and processing of organic raw materials, feed and yeast;
7) collection of wild plants, forest raw materials and algae;
8) marking of organic products (raw materials) and use of the appropriate state logo;
9) transportation, storage and sale of organic products (raw materials).
Organic production rules should also specify criteria for assessing the suitability of agricultural land for the production of organic products (raw materials).
Article 8. Transition
1. The transitional period shall start from the day on which the application for certification of organic production is submitted to the certification body according to the established organic production rules form, which confirms the applicant’s consent to move from the production of traditional (inorganic) production to the production of organic products (raw materials).
2. The transition to the production of organic products (raw materials), taking into account the following features:
1) during the transitional period, the requirements set out in the organic production rules apply;
2) the length of the transition period depends on the type of activity to be inspected and is determined by the rules of organic production;
3) if the transitional period exceeds the established term, it is allowed to place the inscription “organic production of transitional period” on the packaging, label (sticker), consumer packaging, counter-label, label, leaflet, documents accompanying organic products (raw materials);
4) the determination of the duration of the transitional period may be made taking into account the period immediately preceding the day of the beginning of the transitional period, in accordance with the rules of organic production;
5) Organic production operator, which partly performs organic production (is in transition), distributes production (raw materials) produced (grown) as a result of organic production, and products (raw materials) produced (grown) during the transition period .
Article 9. General requirements for sale of organic products (raw materials)
1. The sale of organic products (raw materials) is carried out in the presence of an appropriate certificate.
2. The circulation of organic products (raw materials) which:
1) produced by an organic production operator who has not received a certificate of conformity for the production of organic products (raw materials);
2) is not accompanied by an appropriate certificate;
3) marked with violation of the requirements of the legislation of Ukraine;
4) imported with violation of the requirements of the legislation of Ukraine;
5) does not meet the requirements for packaging, transportation, storage and sale.
Article 10. General requirements for the labeling of organic products (raw materials)
1. The marking of organic products (raw materials) and the use of the appropriate state logo shall be carried out in accordance with the rules of organic production.
2. Use of the state logo and marking of organic products (raw materials) is obligatory. At the same time, it is also permitted to use non-state (private) logos introduced directly by the organic production operator or their associations.
3. The national logo shall consist of the inscription “ organic product ” and the corresponding graphic image or symbol.
4. The use of the state logo and the marking of organic products (raw materials) shall be carried out in the presence of an appropriate certificate.
5. If the packaging of organic products (raw materials) imported from other countries and produced in accordance with the laws of the countries of origin, certified by the relevant certificate, contains the words “organic”, “biological”, “ecological”, the words prefixed with “BIO” , the inscription “organic product” is written in Ukrainian. Marking of imported organic products (raw materials) and use of the state logo are carried out in accordance with the rules of organic production.
Article 11. Suitability of Lands and Objects for Organic Production (Raw Materials)
1. Assessment of the suitability of land and objects for the production of organic products (raw materials) is carried out by the certification body on the basis of the conclusions of the relevant institutions, determined by the central body of executive power on the formation and implementation of state agricultural policy in the field of organic production.
Article 12. Certification of Organic Production
1. Organic production is subject to mandatory certification in accordance with the law.
2. Certification of organic production is carried out by the certification body in order to establish the conformity of organic products (raw materials) with the requirements for production, processing, storage and sale of organic products (raw materials), established by the regulatory legal acts in the field of organic production.
3. The certification body, which is intended to carry out the procedure for confirming the conformity of organic products (raw materials) with the requirements established by the normative legal acts in the field of organic production, approves the plan of transition to organic production, submitted by the organic production operator.
4. At the end of the transitional period, the organic production certification body shall issue a certificate to the organic production operator of the established sample and the products shall be labeled organic.
5. Where the results of the verification of compliance with the requirements of the organic production rules are unsatisfactory, the certification body may decide to refuse certification, which shall notify the organic production operator.
6. Products grown during the transitional period after obtaining the corresponding certificate may be labeled as organic products of the transitional period.
7. In case of violation of requirements established for production, processing, storage, sale of organic products (raw materials), the certification body has the right to suspend or revoke the certificate of conformity.
8. Certification of organic production is carried out on a fee basis. Certification bodies certify organic production at prices in accordance with the law.
9. The quality of land is not deteriorated compared to the previous management period. In case of degradation and / or contamination of the soil cover, the operator is responsible in accordance with the law.
Article 13. Scientific and methodological support of organic production
1. Scientific and methodological support of organic production is carried out by the National Academy of Agrarian Sciences of Ukraine, research and other scientific institutions and educational institutions.
Article 14. International cooperation in the field of organic production
1. Ukraine participates in international cooperation in the field of organic production in accordance with the legislation of Ukraine and international treaties of Ukraine by:
1) participation in the work of relevant international organizations;
2) conclusion of international agreements of Ukraine, agreements on mutual recognition of legal acts in the field of organic production;
3) harmonization of the legislation of Ukraine in the field of organic production with international legislation;
4) exchange of information in the field of organic production;
5) promoting the attraction of international technical assistance and investment for the development and development of organic production;
6) promoting the increase in export and import of organic products (raw materials).
2. Where the international treaty of Ukraine establishes rules other than those specified in this Law, the rules of the international treaty of Ukraine shall apply.
Article 15. Final Provisions
1. This Law shall enter into force on the day of its publication.
2. The Cabinet of Ministers of Ukraine:
develop and approve the legal acts necessary for the implementation of this Law;
ensure that the acts of ministries and other central executive bodies are reviewed and brought into line with this Law.
Chairman of The
Verkhovna Rada of Ukraine