Ukrainian government approved changes to the regulation of organic

16/ 03/ 2022

On 9 February 2022, the Cabinet of Ministers of Ukraine adopted Resolution No. 102 On approval of the procedure for determining the periodicity of planned measures of state control of compliance of operators (capacities) activity with legislation on organic production, circulation and labeling of organic products conducted by the State service of Ukraine on food safety and consumer protection, and the criteria for assessing the degree of risk from its implementation. According to the Resolution, the criteria for assessing the degree of risk from the operators economic activity in the field of organic production, circulation and labeling of organic products include: type of operator activity the time during which the operator carries out economic activities in the field of organic production, circulation and labeling of organic products the number of industries in which the operator carries out the production and/or circulation of organic products the number of violations by the operator of the requirements of the legislation in the field of organic production, circulation and labeling of organic products, identified as a result of state control measures that took place during the last three years preceding the planning year the number of cases of application by the operator of exceptions to the requirements for organic production in the last three years preceding the planning year availability of information from the certification body on violations of the legislation in the field of organic production, circulation and labeling of organic products identified during the last three years preceding the planning year The operator’s capacity shall be assigned to a high, medium, or negligible degree of risk, considering the scores of all criteria on the following scale: from 70 points and more – to a high degree of risk from 31 to 69 points – to medium degree of risk from 0 to 30 points – to a slight degree of risk Planned measures of state control are carried out with such periodicity: with a high degree of risk – not more than once every two years with a medium degree of risk – not more than once every three years with a low degree of risk – no more than once every five years In addition, the Resolution approves the form of the Capacity categorization act, which fixes the number of points that determine the degree of risk of the operator’s capacity. The act is compiled by the state inspectors of the territorial bodies of the State service of Ukraine on food safety and consumer protection for each capacity of the operator no later than November 1 of the current year. For more information, please contact Asters Counsel Anzhelika Livitska and Associate Victoria Kurus.

On 9 February 2022, the Cabinet of Ministers of Ukraine adopted Resolution No. 102 “On approval of the procedure for determining the periodicity of planned measures of state control of compliance of operators (capacities) activity with legislation on organic production, circulation and labeling of organic products conducted by the State service of Ukraine on food safety and consumer protection, and the criteria for assessing the degree of risk from its implementation”.

According to the Resolution, the criteria for assessing the degree of risk from the operator’s economic activity in the field of organic production, circulation and labeling of organic products include:

type of operator activity
the time during which the operator carries out economic activities in the field of organic production, circulation and labeling of organic products
the number of industries in which the operator carries out the production and/or circulation of organic products
the number of violations by the operator of the requirements of the legislation in the field of organic production, circulation and labeling of organic products, identified as a result of state control measures that took place during the last three years preceding the planning year
the number of cases of application by the operator of exceptions to the requirements for organic production in the last three years preceding the planning year
availability of information from the certification body on violations of the legislation in the field of organic production, circulation and labeling of organic products identified during the last three years preceding the planning year

The operator’s capacity shall be assigned to a high, medium, or negligible degree of risk, considering the scores of all criteria on the following scale:

from 70 points and more – to a high degree of risk
from 31 to 69 points – to medium degree of risk
from 0 to 30 points – to a slight degree of risk

Planned measures of state control are carried out with such periodicity:

with a high degree of risk – not more than once every two years
with a medium degree of risk – not more than once every three years
with a low degree of risk – no more than once every five years

In addition, the Resolution approves the form of the Capacity categorization act, which fixes the number of points that determine the degree of risk of the operator’s capacity. The act is compiled by the state inspectors of the territorial bodies of the State service of Ukraine on food safety and consumer protection for each capacity of the operator no later than November 1 of the current year.

For more information, please contact Asters’ Counsel Anzhelika Livitska and Associate Victoria Kurus.