The law on organic production comes into force

02/ 08/ 2019

The Law On Basic Principles and Requirements for Organic Production, Treatment and Labeling of Organic Products entered into force today, the 2nd of August. It was developed based on the relevant EU Regulation (N 889/2008 of 5 September 2008). The law introduces six key innovations that are important for business. Firstly, it introduces control and registration of organic production operators and the accreditation of certification bodies. This means that companies that intend to operate in the Ukrainian market (manufacturers or processors) must be certified according to Ukrainian standards. At the same time, companies that are importers and are already certified abroad must include those certification bodies in the Ukrainian registry. Secondly, appropriate registers (operators, certification bodies, organic seeds and planting material) and the Ministry of Agrarian Policy have to provide free, round-the-clock access. Thus, the Register of Operators will be formed by the Ministry of Agrarian Policy on the basis of information from the certification bodies about the operators with whom they have concluded the contract for the certification of organic production. The register of certification bodies will contain information on certification bodies authorized by the Ministry of Agrarian Policy to carry out certification of organic production in accordance with the legislation of Ukraine. The Register of Organic Seeds and Planting Material will contain information on the list of organic seeds and planting material suitable for use in accordance with the requirements of the organic production, circulation and labeling requirements of organic products obtained from organic market operators. Thirdly, organic producers will be certified annually, which is not currently the case. Fourthly, organic business owners will agree on the certification of organic products with the certification body (the Ministry of Agrarian Policy will determine). Fifthly, products that do not comply with the requirements of the organic production and labeling legislation will be withdrawn after the State Consumer Service review. Sixthly, it is not the organic product itself that will be certified, but the process of production or circulation. At the same time, 12 normative legal acts should have been developed by the Ministry of Agrarian Policy on the basis of this Law by August 2 (3 Resolutions and 9 Orders). First of all, the rules of organic production and certification procedures should be available. However, due to bureaucratic obstacles they are not ready on the date of the 2nd of August. At the same time, there are already numerous cases of prescriptions from the Antimonopoly Committee on organic production because of the lack of information in the register and, accordingly, certification of organic production. So, it is unclear if business will have fines because of this after the 2nd of August. The European Business Association hopes this will not happen. Therefore, the business community appeals to the AMCU and the State Consumer Service with a call not to impose sanctions on manufacturers and importers before introducing appropriate normative legislation. At the same time, we call the State Regulatory Service to facilitate prompt approval of the required documents. We expect that the voice of law-abiding business will be heard. Additionally: Business discussed this situation at a meeting with the Deputy Director of the Food Department, Head of the Excise Production Department of the Ministry of Agrarian Policy, Lyudmila Khomichak on July 31.

The Law “On Basic Principles and Requirements for Organic Production, Treatment and Labeling of Organic Products” entered into force today, the 2^nd of August. It was developed based on the relevant EU Regulation (N 889/2008 of 5 September 2008). The law introduces six key innovations that are important for business.

Firstly, it introduces control and registration of organic production operators and the accreditation of certification bodies. This means that companies that intend to operate in the Ukrainian market (manufacturers or processors) must be certified according to Ukrainian standards. At the same time, companies that are importers and are already certified abroad must include those certification bodies in the Ukrainian registry.

Secondly, appropriate registers (operators, certification bodies, organic seeds and planting material) and the Ministry of Agrarian Policy have to provide free, round-the-clock access.

Thus, the Register of Operators will be formed by the Ministry of Agrarian Policy on the basis of information from the certification bodies about the operators with whom they have concluded the contract for the certification of organic production. The register of certification bodies will contain information on certification bodies authorized by the Ministry of Agrarian Policy to carry out certification of organic production in accordance with the legislation of Ukraine. The Register of Organic Seeds and Planting Material will contain information on the list of organic seeds and planting material suitable for use in accordance with the requirements of the organic production, circulation and labeling requirements of organic products obtained from organic market operators.

Thirdly, organic producers will be certified annually, which is not currently the case.

Fourthly, organic business owners will agree on the certification of organic products with the certification body (the Ministry of Agrarian Policy will determine).

Fifthly, products that do not comply with the requirements of the organic production and labeling legislation will be withdrawn after the State Consumer Service review.

Sixthly, it is not the organic product itself that will be certified, but the process of production or circulation.

At the same time, 12 normative legal acts should have been developed by the Ministry of Agrarian Policy on the basis of this Law by August 2 (3 Resolutions and 9 Orders). First of all, the rules of organic production and certification procedures should be available. However, due to bureaucratic obstacles they are not ready on the date of the 2^nd of August.

At the same time, there are already numerous cases of prescriptions from the Antimonopoly Committee on organic production because of the lack of information in the register and, accordingly, certification of organic production.

So, it is unclear if business will have fines because of this after the 2^nd of August. The European Business Association hopes this will not happen. Therefore, the business community appeals to the AMCU and the State Consumer Service with a call not to impose sanctions on manufacturers and importers before introducing appropriate normative legislation. At the same time, we call the State Regulatory Service to facilitate prompt approval of the required documents. We expect that the voice of law-abiding business will be heard.

Additionally:

Business discussed this situation at a meeting with the Deputy Director of the Food Department, Head of the Excise Production Department of the Ministry of Agrarian Policy, Lyudmila Khomichak on July 31.