O RGANIC F ARMING D RAFT L EGAL N OTICE Presented by: Franklin - - PowerPoint PPT Presentation

ORGANIC FARMING DRAFT LEGAL NOTICE

Presented by: Franklin Buhagiar Senior Agricultural Officer

OBJECTIVE OF THIS SESSION

 Brief the Public on legal provisions;  Discuss, evaluate and take suggestions with

regards to the Draft Legal Notice on Organic Production and Labelling

• f

Organic Products, 2015

SCOPE OF REGULATION ON ORGANIC PRODUCTION AND

LABELLING OF ORGANIC PRODUCTS REGULATIONS

(2) Objective: To implement the relevant provisions of Council Regulation (EC) No 834/2007 of 28 June 2007 on

• rganic production and labelling of organic products

and repealing Regulation (EEC) No 2092/91 and Commission Regulation (EC) 889/2008

• f

5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of

• rganic products with regard to organic production,

labelling and control. (3) Measures to control the organic production and labelling of agricultural products

• 3. Agricultural Directorate is designated as

the Competent authority And shall:

 have the power to carry out official controls in the

field of organic production in accordance with documented procedures;

 be responsible for the drawing up of reports on

the controls it carries out;

 be responsible for the market surveillance of the

selling and/or advertising of organic products;

 in cases where there is found to be a breach take

any measure it deems fit in order to ensure that said regulations are adhered to.

REGULATION 3 DESIGNATION OF THE COMPETENT AUTHORITY

 The CA may confer, its competence for the

inspection and certification in the field or organic production to one or more control authorities or control bodies:

 CA shall publish the conferral of delegation in

the Government Gazette;

 A code number is attributed to each control

authority appointed

 CNtrl authorities and Bodies must: 1.

• ffer adequate guarantees of objectivity and

impartiality and

2.

shall have at its disposal the qualified staff and resources necessary to carry out its functions; REGULATION 4 DELEGATIONS OF FUNCTIONS

CA is responsible for :

 the delegation of control tasks to the control bodies

and/or control authorities and

 shall also be responsible for their supervision;  may if necessary withdraw the delegation conferred:  (publish the withdrawal of delegation in the

Government Gazette.) Control authorities and/or control bodies shall not have the authority to:

 perform supervision and audits of other control bodies;

• r

 grant exceptions to operators

REGULATION 4 DELEGATIONS OF FUNCTIONS

Control authorities and/or control bodies may be responsible for:

 verification of the operators’ declaration and

• ther general and specific documents

 taking of samples and carrying out of analysis in

case of suspicion of non-authorised products and/or procedures;

 drawing up of control reports, (made available to

the competent authority);

 keeping of an updated list of names and

addresses of operators under their control, (made available to the competent authority)

REGULATION 5 FUNCTION OF THE CONTROL AUTHORITIES AND/OR CONTROL BODIES

Cont...

 Certifying all operators that comply with all national

and EU legislation and who also contribute to the control expenses and to provide documentary evidence to the operator in case he meets the organic requirements;

 In cases of non-compliance prohibit certified operators

from placing on the market, products indicating the Organic Status.

 Maintain effective and timely communication with

the competent authority and provide information requested;

 Must inform the competent authority of cases of

infringement and/or irregularities by not later than two working days from the discovery

REGULATION 5 FUNCTION OF THE CONTROL AUTHORITIES AND/OR CONTROL BODIES

There shall be a Board to be known as the Organic Farming Advisory Board, which shall consist of:

• The Director of the Agricultural Directorate (Chairman)
• Two officers from the Agricultural Directorate,
• One member from every Control Authority and Control

Body

• A certified Organic Operator
• Two members from organisations directly involved in

Organic Farming provided that they obtain approval by the Directorate to sit on the board.

• Officer from the Agricultural Directorate to act as

Secretary to the Board.

REGULATION 6 ORGANIC FARMING ADVISORY BOARD

The Board shall:

 act in accordance with the Terms of Reference

and Rules of Procedure as approved by the Director;

 set up special sub-committees or invite people as

the board may deem fit for the purpose of dealing with matters requiring specialised knowledge or experience.

REGULATION 6 ORGANIC FARMING ADVISORY BOARD

Functions of the Board:

 Advise the Competent Authority in the making

• f policies regulating the Organic sector;

 Monitor and keep under review the proper

implementation, functioning or attainment, to the highest standards achievable, of the purpose

• f these regulations and of Government policy for

the organic sector;

 Participate in ensuring the highest standard

possible for Malta in the organic sector and

 Co-operate and co-ordinate as necessary with

government departments and other bodies in the achievement of these aims;

REGULATION 6 ORGAN IC FARMING ADVISORY BOARD

FUNCTIONS OF THE BOARD CONT...

 Provide the Minister and CA with technical and

scientific advice

 Initiate and participate in research, surveys,

programmes, and other activities and

 Perform any other function or duties and to

exercise such further powers or responsibilities as the Minister may from time to time determine

 report to the Competent Authority and shall

prepare and present to the Competent Authority and to the Minister an annual report and put forward proposals as to Organic production and labelling in Malta for the following year.

FUNCTIONS OF THE BOARD CONT...

 The CA may designate public officers to act as

authorised officers for the control of the organic sector.

 An authorised officer shall have the power to: 1.

Enter and inspect any premises in which

• rganic product is being produced, processed,

packed, stored, sold or offered for sale,

2.

examine and search such premises,

3.

inspect any such product and take samples.

4.

access and inspect documentation relating to, any registers, records and notes kept

5.

seize and obtain any records

REGULATION 7 CONTROL OFFICIALS

 Sub

regulation 4 lays down provisions restricting dissemination of information from authorised officials

 Sub regulation 5 obliges the full collaboration of

all ‘persons’

 Sub regulation lays down provisions implying

that... ‘Criminal action for such an offence shall be barred by the lapse of three months.’

REGULATION 7 CONTROL OFFICIALS

 No product can be produced, processed, labelled,

marketed or sold in Malta as being organic unless it conforms to the provisions of these regulations;

 No operator shall produce, process, prepare, sell

• r market any product labelled as organic unless

this

• perator

has

• btained

the relevant certification from the competent authority, control authority or control body REGULATION 8 CERTIFICATION

CERTIFICATION CONT...

 The CA lays down procedures for operators to be

granted the certification

 Applicants must refer to the Competent Authority to

initiate the process of certification.

 Each certificate issued shall be valid for a period of

three years:

 Every certificate holder shall be subject to a check to

ensure compliance (once every year)

 Upon a report or on its own initiative carry out on the

spot inspections in order to verify that these regulations, are adhered to.

 Each Control Body/Authority issuing the certificate

shall carry out an inspection on each certified

• perator at least once a year.

 The fee charged in order for the certificate to be

issued shall be decided by the competent authority, the control authority or the control body as the case may be:

 These rates shall be published in the Competent

Authority’s website . REGULATION 9 FEES

 Reception of notifications article: 28(3) of the

Council Regulation.

 Period in which runs must be empty article

23(5) of the Commission Regulation

 Authorisation of non-organic food

ingredients of agricultural origin Article 29 (1)(b) of the Commission Regulation

 Conversion article 36(4) of the Commission

Regulation

REGULATION 10 – 13 IMPLEMENT SPECIFIC PROVISIONS

OF THE EU REGULATIONS

Use of seed or vegetative propagating material not

• btained by Organic methods shall only be authorised

if not available by Organic methods. The Plant Health Directorate:

 is

the authority responsible for granting authorisation;

 shall, send to the competent authority an annual

report covering all authorisations from the previous calendar year and this by the end of February of each year.

REGULATION 14 COMPETENT AUTHORITY RESPONSIBLE

FOR GRANTING AUTHORISATION FOR THE USE OF SEED OR VEGETATIVE PROPAGATING MATERIAL NOT OBTAINED BY ORGANIC METHODS

REGULATION 15: DATABASE

PHD responsible for:

 Establishing,

managing and updating

• f

a computerised database for the listing of the varieties (seed or seed potatoes) obtained by organic production methods are available in Malta.

 Ensure that database be updated for each species or

group of species cultivated in Malta, every three months.

 N.B: any seed variety which has not been

registered in the database be considered as unavailable and may not be used by organic

• perators in Malta.

REGULATION 15 DATABASE

Duties of Manager of the database:

 refuse a supplier’s application for registration or

delete a previously accepted registration

 ensure

that for each registered variety the information provided must at least include that contained in article 51 of the Regulation.

 ensure that each registration is subject to a fee, which

represents the cost of inserting and maintaining the information in the database

 (fee published in the Government Gazette)

The information contained the database shall be available online and free of cost to the users of seed or seed potatoes and also to the public.

REGULATION 16 ACCESS TO INFORMATION

 Operators who sell products directly to the final

consumer or user, (Unless they produce, prepare, store other than in connection with the point of sale or import such products or have contracted

• ut such activities to a third party); shall be

exempted from adherence to the control system.

 The Competent Authority shall decide whether

an operator falls within such parameters

 Operator shall be deemed to be exempted only if

he is declared as such in writing by the Competent Authority. REGULATION 17 EXEMPTIONS AND DEROGATIONS

 In case of irregularity detected, the control authority

and/or the control body shall order that no reference to the organic production method is made in the labelling and advertising of the entire lot or production run affected by this irregularity:

 Where a severe infringement or an infringement with

prolonged effect is found, the CA or CB shall prohibit the operator from marketing products referring to

• rganic production in the labelling and advertising for

a period to be agreed with the competent authority.

 Severity of infringement is evaluated depending upon

level of compromise of organic status and sanctions will be issued accordingly

REGULATION 18 MEASURES IN CASE OF IRREGULARITIES AND INFRINGEMENT



Regulation 19 lays down provisions in cases of any persons guilty of an offence and shall be liable:



On a first conviction to a fine (multa) of not less than five hundred euro (€500) but not exceeding one thousand five hundred euro (€1,500);



On a second conviction or subsequent conviction, to a fine (multa) of not less than one thousand five hundred euro (€1,500) but not exceeding two thousand and five hundred euro (€2,500) or a fine calculated on the profit made by the offender in connection with the transaction in contravention to these regulations, whichever is the higher:



when the fine is so calculated, it may not exceed five times the profit made by the offender:



the Court may, in addition to any other punishment, sentence the offender to imprisonment for a term of not less than thirty days and not exceeding two years.



the Court shall, on the demand of the prosecution, order the forfeiture of any goods to which the offence relates.



the Court shall, on demand of the prosecution, in the case of a second or subsequent conviction, order the suspension of the offender’s certification for a period of not less than

• ne week and not more than three months, or the cancellation of any licence or permit held

by the offender and relating to any trade or business to which the offence relates, and shall

• rder that any such cancelled licence or permit may not be re-issued in respect of the

convicted offender.

REGULATION 19 PENALTIES

 Do you have any amendments or reservations to the Structure of

Controls being proposed in this draft Legal Notice?

 Are there any improvements which may be included in this text that

will further consolidate and improve the Organic Farming Control System in Malta?

 Do you agree with the setting up of an Organic Farm Advisory Board?

If yes do you agree with the structure being proposed in this text?

 Are you in favour of how the system which provides for the exemption

• f small retailers from the Control System is being proposed?

 Do you agree with the system of sanctions being proposed in cases of

non-conformity or infringements?

 Are there any improvements which you deem essential that should be

included in this text?

QUESTIONS ASKED IN THE ONLINE PUBLIC CONSULTATION

THANKS FOR YOUR ATTENTION

Franklin Buhagiar Senior Agricultural Officer