Organic Trust Ltd.

New Regulations Governing the Organic Sector

New Regulations Governing the Organic Sector - Standards Amendment Guide for existing Organic Operators -  January 1st 2009

Introduction

With effect from 01.01.2009 (EEC) Regulation 2092/91 has been replaced by Council Regulation (EC) No 834/2007 and Commission Regulation (EC) No 889/2008.  In effect Council Regulation (EC) No 834/2007 sets out the principles governing European organic production and Commission Regulation (EC) No 889/2008 sets out the detailed implementing rules for European organic production. 

In addition to the above, all previous Regulations dealing with Third Country Imports including (EC) Regulation 94/92, (EC) Regulation 345/2008 and (EC) Regulation 605/2008 have been replaced in their entirety by Commission Regulation (EC) No 1235/2008 which lays down detailed rules for implementation of Council Regulation (EC) 834/2007 in relation to the arrangements for imports of organic products from third countries (i.e. direct importation of organic products from non-EU countries). 

The basic requirements for the production of organic yeast for food and feed have been outlined in Article 20 of Council Regulation (EC) No 834/2007 and the detailed rules for the production of organic yeast are contained in Commission Regulation 1254/2008 which is an amendment to Commission Regulation (EC) No 889/2008.

Furthermore, Article 27, 5 c) of Council Regulation (EC) No 834/2007 requires that organic certification bodies are accredited to EN45011 and additional standards amendments have also been necessitated as a result of the accreditation process. 

In the remainder of this Guide, the above regulations will be collectively referred to as “the new regulations”.

Scope of New Regulations and Reason for their Introduction

It is the intention of the EU Commission to extend the scope of the organic regulations to encompass aquaculture, seaweed and wine manufacture, however, more time is required to develop the detailed rules for these products.  It is anticipated that such rules will be agreed for aquaculture and seaweed over the coming months and for wine later in 2009 or early 2010.  However, as regards certain livestock species, aquaculture products and seaweed, the Community rules provided for production, controls and labelling should apply mutatis mutandis (i.e. the necessary changes having been made) to those products, in accordance with Article 42 of Regulation (EC) No 834/2007 – such rules will be communicated via a standards amendments document.  In addition, pending the inclusion of detailed processing rules for pet food, national rules or in the absence thereof, private standards accepted or recognised by the Member States shall apply.

The new regulations were introduced to provide a more simplified, transparent and harmonised approach to European organic certification.  The main emphasis in the new regulations is a change from a derogation-based system (with the exception of the derogations required for untreated non-organic seed which remain in place under Article 45 Part 4 of 889/2008) to a system of self-regulation whereby the operators concerned are obliged to maintain definitive evidence in relation to any use of those non-organic inputs & practices which have now become part of the permanent rules within the new regulations.  In effect this means that operators must be able to provide documentary proof that organically certified alternatives were sought in the first instance or that the non-organic inputs were required to maintain fertility levels and so forth – operators must then be able to produce records of same at the annual inspection.  However, use of some products and practices now require that permission is obtained from the Competent Authority prior to use – such permission must be sought from the Competent Authority on the operator’s behalf by the Organic Trust Ltd.  Such products and practices are briefly outlined at the end of this guide.

New Standards Manual

A totally new standards manual is being prepared, however, as an interim measure the main standards effected by this new approach are being communicated to operators via this Standards Amendments Guide.

CAUTIONARY NOTE

The Organic Trust proposes to maintain the existing derogation system in 2009, within our private standards, as is provided for in the new regulations.  Therefore, the current requirement that operators obtain derogations for practices and products classified as ‘restricted’ under The Standards for Organic Food & Farming in Ireland will remain in place until 31.12.2009.  The only changes which will take place immediately are those conveyed in this Guide and in the subsequent numbered amendments being distributed to all existing operators. The Organic Trust is of the view that the previous derogation-based system provided an element of protection to our operators in that inputs to the system were to a large extent supervised by derogation, therefore, it is intended to maintain the current derogation system for all ‘restricted’ inputs and practices for 2009. 

The New Regulations vs the Current Standards

Organic Standards:

From January 1st 2009, EU Member States will no longer be allowed to set their own higher organic standards and will have to apply the new EU Regulations as written.  The only exceptions to this rule are cases where stricter standards than those enshrined in the new organic regulations already exist in any Member State in relation to non-organic plant and livestock production activities as specified under Article 34 of 834/2007. 

However, private organic certification bodies maintain the option to apply stricter standards than those enshrined in the new regulations should they wish to do so.  In this regard, the Irish organic certification bodies have opted to maintain the higher standards already in place to protect the very valuable overseas markets which have been developed for the sale of Irish-produced organic products - particularly Irish organic beef. 

In this regard the higher standards which will be maintained by the Irish organic certification bodies are as follows:

• The minimum conversion period is 12 months

• Only calves born 3 months after the registered date of entry to conversion will be awarded organic status simultaneously with the land; all other livestock must be mated on the in-conversion/organic unit for their progeny to be awarded organic status. 

• Non-organic livestock are NEVER awarded organic status, i.e. non-organic livestock can NEVER convert to organic status.  The only exception to this rule are non-organic chicks brought onto an organic holding less than 3 days old.

• The rules relating to veterinary inputs and withdrawal periods will remain as currently specified in The Standards for Organic Food & Farming in Ireland with the addition of the requirements specified under Point 3 below.

• The existing derogation system will be maintained for 2009.  This maintains the requirement to obtain permission for use of any ‘restricted’ practices as stipulated in The Standards for Organic Food & Farming in Ireland for 2009, e.g. permission to buy-in non-organic stock replacements up to the percentages stipulated in the standards; permission for use of copper for blight prevention; permission for use of brought-in non-organic FYM and so forth.  Some further changes to the requirements for use of restricted practices are also outlined under ‘specific changes’ in the section which follows.

Specific Changes to the Standards as a result of the New Regulations – Effective immediately

1. Conversion of land:

Land must normally complete a two year (three years for perennial crops) monitored conversion period for land to be classified as organic. However, the conversion period can be reduced to 12 months for non-herbivore species with the approval of the Organic Trust Ltd.  For plant and plant products the conversion period can be reduced to 12 months subject to adherence to specific conditions combined with the approval of DAFF.  The specific conditions under the new regulations require confirmation that no inputs not permitted for use in organic production were used on the land in question for at least 36 months prior to registering the unit into conversion (the former regulations required that such proof related to a 24 month period, therefore, the new regulations have increased the requirement by a further 12 months). 

In all circumstances the Organic Trust will maintain the requirement for a minimum conversion period of 12 months.

The mechanism for applying for reduced conversion periods is available from the Organic Trust Ltd.

2. Feed

i. 4.08.03, paragraph 2,  of The Standards for Organic Food & Farming in Ireland states that ‘with effect from 01.01.2009, up to 30% of the feed formula of rations on average may comprise in-conversion feedstuffs.  When the in-conversion feedstuffs come from a unit of the holding itself, this percentage may be increased to 60%.  However, Commission Regulation 1254/2008 which amends Regulation (EC) No 889/2008 increases this percentage to 100% - this amendment is worded as follows “with a view to help organic farmers to find adequate feed supply for their animals and to facilitate conversion of organic area, it is appropriate to allow the use of up to 100% in-conversion feedingstuffs, produced on the farmers’ own holding, in the feed ration of animals”.

ii. Fishmeal

At present fishmeal is not available in organic form and as such can only be fed to organic/converting livestock as part of the non-organic allowance. Therefore as we move towards the situation of 100% organic feeds for non-herbivores the use of fishmeal would be severely restricted and from 31st December 2011 non-organic fishmeal would no longer be permitted.  However, under the new regulations products and by-products from fisheries may be used in organic production if they are in the permitted feed lists. As this provision does not refer to the non-organic allowance fishmeal is exempt from these restrictions and can continue to be fed after the non-organic feed allowance has been removed at the end of 2011.  Use of fishmeal on any holdings on which ruminants are present requires that on-farm segregation arrangements for any feed ingredients containing fishmeal have been sanctioned by the local DAFF Veterinary Officer – full details are available from the Organic Trust Ltd.
 
3. Mutilations

Article 18 of Regulation 889/2008 states that operations such as attaching elastic bands to the tails of sheep, tail-docking, cutting of teeth, trimming of beaks and dehorning shall not be carried out routinely in organic farming.  However, some of these operations may be authorised by the Competent Authority for reasons of safety or if they are intended to improve the health, welfare or hygiene of the livestock on a case-by-case basis. Any suffering to the animals shall be reduced to a minimum by applying adequate anaesthesia and/or analgesia and by carrying out the operation only at the most appropriate age by qualified personnel.  Physical castration is allowed in order to maintain the quality of products and traditional production practices but only under the conditions set out above.  Mutilation such as clipping the wings of queen bees is prohibited.  Loading and unloading of animals shall be carried out without the use of any type of electrical stimulation to coerce the animals. The use of allopathic tranquillisers, prior to or during transport, is prohibited.

DAFF have provided the following clarifications in relation to mutilations – these will be specified in greater detail in the specific Standards Amendment which will be distributed shortly to all Organic Trust members.

• Elastic bands – may be used – to improve animal health, welfare and hygiene
• Tail docking – bovines – may not be used except by Veterinary Surgeon for therapeutic reasons – see SI 263 of 2003.  Pigs – see SI 14 of 2008
• Cutting of teeth – may be used in accordance with SI 14 of 2008 Part 4 Point 17
• Trimming of beaks – not permitted under any circumstances
• Dehorning – Best practice - disbudding within 2 weeks using a local anaesthetic.; alternatively disbudding at the latest within 3 weeks of birth (except where horns have not emerged); disbudding with local anaesthetic is mandatory if over 2 weeks.  Dehorning by Veterinary Surgeon is permitted only in exceptional circumstances – advance permission must be sought from the Organic Trust Ltd.

4. New Labelling Rules for Organic Products – Effective from 01.01.2009

70% to 95% rule

The 70% ‘made with’ category has been removed under the new regulations.  This related to the former practice whereby products made with at least 70% organic ingredients could specify this in the ingredients panel on the back of the label but could not label the product ‘organic’ in its own right, i.e. the only reference to ‘organic’ could appear in the ingredients panel of the product label. 

However, under the new regulations on a whole product basis it will be permissible to list organically certified ingredients as ‘organic’ regardless of their proportion in the final product in accordance with the Requirements of Articles 23, 24 and 25 of 834/2007.  Therefore, organic ingredients can be listed in the ingredients panel of the product label as ‘certified organic ingredient/s’ but cannot use the word ‘organic ‘ in the title description of the product .  The term ‘organic’ must not be used in any product for which it has to be indicated in the labelling or advertising that it contains GMOs, consists of GMOs or is produced from GMOs according to Community provisions.  In addition, for ingredient labeling, the whole product must also comply with a wide range of requirements which are fully detailed in Article 19 of Regulation 834/2007. 

In addition, new labelling requirements for products containing wild-caught fish and game have been introduced – the details will be specified in the relevant Standards Amendment.

Certain additives (e.g. lecithin, pectin and gums) must be included in the calculation of agricultural ingredients to determine the organic percentage.

The exact methodology for the introduction of the above changes will be outlined in a specific standards amendment.  This will also outline the organic certification requirements relative to this standards change. However, it is important to note that use of the Organic Trust Ltd or EU logos is not permitted on such products – only the relevant control code (e.g. for Organic Trust certified operators:  IRL-OIB3-EU/IE-ORG-03/UK9 as appropriate).

5. Warehousing, storage and wholesaling

From January 1st 2009 it will become a requirement for all wholesalers and storage providers to be certified by an organic certification body if they handle organic products, both pre-packaged and loose. 

6. Third Country Import Rules

Apart from a minor update of the application forms and guidelines in line with the new regulations (which have been updated on the DAFF website), authorisations for importing products from outside the EU will generally be as heretofore for the immediate future.  From 2010 onwards, however, there may be a less cumbersome system available for import from 3rd countries not currently included in the 7 listed countries. The new rules will be set out in detail in the specific standards amendment.

7. Agricultural Ingredients Unavailable Organically

DAFF will be able to authorise agricultural ingredients as ‘not available as organic’ for three periods of twelve months (previously three, seven and seven months).  Specific requirements will be introduced in relation to applications for use of such non-organic ingredients in organically certified products which will be communicated via a Standards Amendment.

8. Inspection Requirements

Inspection requirements can be varied depending on risk assessment, however, the minimum requirement for at least one physical inspection per operator in each calendar year is maintained.  For processors, the inclusion of the ‘critical control point’ approach is new and will require that specific measures are put in place to comply with this requirement - more details later.

For a transition period expiring on 31.12.2010 the final fattening phase for sheep and pigs for meat production (Article 95.3 of 889/2008 – previously referenced under 8.3.4 of Annex 1.B of 2092/91) – may take place indoors provided a minimum of two inspections per calendar year is undertaken by the Organic Trust Ltd. 

9. Parallel Cropping or Stocking

Parallel Production - Organic and non-organic of same species on units/holdings carrying out agricultural research or formal education – (Article 40 - part 2) – this provision relates to formal agricultural research units and formal educational establishments only – the requirements will be clarified in the relevant Standards Amendment.

10. Links with Conventional Regulations

Official Food and Feed Regulation 882/2004 (OFFC) and Genetically Modified Organisms (GMO) (Regulations 1829/2003 and 1830/2003)

There is now an official link between the organic regulations and the above horizontal regulations. This places the onus on all operators to familiarise themselves with the requirements of both the horizontal and the organic regulations. 

11. Organic Yeast

The basic requirements for the production of organic yeast for food and feed have been outlined in Article 20 of Council Regulation (EC) No 834/2007 and the detailed rules for the production of organic yeast are contained in Commission Regulation 1254/2008 which is an amendment to Commission Regulation (EC) No 889/2008.  The specific rules will be communicated to all operators via an appropriate Standards Amendment. In the interim period operators using yeast in their products ought to contact the Organic Trust Ltd for clarification.

13. General Amendment

A blanket amendment to The Standards for Organic Food & Farming in Ireland will state that all previous references to (EEC) Regulation 2092/91 as amended are replaced in their entirety by references to Council Regulation (EC) No 834/2007 and Commission Regulation (EC) No 889/2008.

Future EU Labelling Requirements – Effective from 01.07.2010

The following requirements were due to come into force on 1st January 2009 however the new EU logo, the product origin requirements and the new OCB codes have been delayed until 01.07.2010, see below for more details. 

Clarification:

Packaging and labelling on products which have been manufactured, packaged and labelled before 01.07.2010 and which are compliant with Regulation 2092/91 as amended can be used up until July 1st 2010 and organic products thus labelled can be sold up to January 1st 2012.  However, the new labelling requirements specified in 834/2007 must be complied with for all organic products which are manufactured, packaged and labelled after 01.07.2010.

1. EU logo

The new European Union (EU) organic logo, still to be decided, will be required to be used on all produce packed, or packed and labelled, in the EU - this will be a mandatory requirement. The logo is to be introduced from July 1st 2010. However, as part of transitional measures, packaging and labels complying with the current EU Regulation can continue to be sold until January 1, 2012.

In relation to the production of a new logo, the EU Commission has just announced a competition for art and design students to come up with a new image which will be acceptable for use in Europe. This competition was due to be launched in December 2008 but full details are now available on http://ec.europa.eu/agriculture/organic/logo/.  The EU intend to have the competition entries placed for public consultation/voting on the internet and the logo assigned the most votes will be the logo selected. 

2. New labelling rules - country of origin – effective 01.07.2010:

Country of origin for product ingredients must be clearly stated on the label:

• Where ingredients originate from within the EU they must be labelled as ‘EU Agriculture ’
• Where ingredients originate from outside the EU they must be labelled as ‘Non-EU Agriculture’
• Where ingredients originate from both inside and outside the EU the product must be labelled as ‘EU/Non-EU Agriculture’

The indication ‘EU’ or ‘non-EU’ may be replaced or supplemented by a country in the case where all agricultural raw materials of which the product is composed have been farmed in that country.

For the ‘EU’ or ‘non-EU’ indication, small quantities by weight of ingredients may be disregarded provided that the total quantity of the disregarded ingredients does not exceed two (2%) per cent of the total quantity by weight of raw materials of agricultural origin.

The new Product Origin details will be required to be used on all produce packed, or packed and labelled, in the EU from July 1st, 2010 and must appear under the EU logo. However as part of transitional measures, packaging and labels complying with the current EU Regulation can continue to be sold until January 1, 2012.

3. Certification Body codes

Under the new regulations, the certification codes assigned to each OCB have been changed.  For example, the Organic Trust Ltd will be designated by the code IE-ORG-03 – it is likely that this code will also apply to products produced in Northern Ireland – DEFRA confirmation on the latter is currently awaited.

The new Certification Body codes will be required to be used on all produce packed, or packed and labelled, in the EU from July 1st, 2010.  However as part of transitional measures, packaging and labels complying with the current EU Regulation can continue to be sold until January 1, 2012.

Advisory Note

As the new EU logo will become mandatory on 01.07.2010, all labelling must change at that time.  Therefore, in the interim period operators are advised to ensure that minimal quantities of new labelling are produced in the period 01.01.2009 to 01.07.2010 to keep the costs of such a change to the minimum. 
Products and Practices which require Competent Authority (DAFF) Approval Prior to Use

The new regulations have specified that certain Products and Practices will require Competent Authority approval.  The new regulations also place specific requirements on the Competent Authority in relation to certain other aspects of the new organic regulations – these are briefly outlined below but will be specified in more detail in the appropriate Standards Amendments if necessary.  The Competent Authority in Ireland is the Organic Unit of the Department of Agriculture, Fisheries & Food

The products and practices included in this category which require Competent Authority approval relate to the following – some of these have an immediate effect on standards and in such cases have already been specified under ‘Specific Changes to the Standards’ outlined above:

1) Non-organic animal replacements (Article 9, Part 4, 889/2008) –  the 10% to 40% category (i.e. 4.03.10 a) of The Standards for Organic Food & Farming in Ireland) relates to the conditions pertaining to increasing the percentage for brought-in non-organic animal replacements in any one calendar year from 10% to 40% - in future, approval to increase the numbers of non-organic animal replacements between 10% and 40% of current adult bovine numbers must be approved by the Competent Authority.  Such permission will be sought on behalf of the operator by the Organic Trust Ltd.

2) Slow growing breeds – poultry production (Article 12, Part 5, 889/2008).  DAFF are compiling a list of slow growing breeds with input from the OCBs – the OCBs are consulting with their poultry operators regarding the compilation of this list. Only those breeds which are included on the final agreed listing will be defined as ‘slow growing’ vis a vis slaughter dates.  The breeds which have been included on this listing to date include Hubbard (JA57), Cobb (SASSO 150) and Ross – Rowan, however, further breeds may be added before the list is finalised.

3) 170kg of N (Article 15, Part 2, 889/2008) – determination of stocking density equivalent to 170 kg/N/ha – per REPS 4 table. 

4) Mutilations, i.e. use of elastic bands, tail docking, dehorning etc (Article 18, Part 1 of 889/2008) – specific conditions to be observed under the new regulations together with the requirements of relevant horizontal regulations plus the requirements of the DAFF Suckler Welfare Scheme. Regulations relevant to this section are the Protection of Animals (Amendment) Act 1965 – re disbudding.  Diseases of Animals Act 1966 – re dehorning.  SI 263 of 2003 (Bovine Tail Docking), S.I. 14 of 2008 (part 4 – 17) – re pigs, teeth, tail, testicles.  S Welfare T & C Part 8 – disbudding and castration. 

5) Poultry production (Article 23, Part 5, 889/2008) – time period when runs must remain empty between batches – no change to existing regulations, however, any future change must be approved by the Competent Authority.

6) Non-organic ingredients (Article 29.3 of 889/2008) – in cases where the Competent Authority of a Member State has authorised use of a non-organic ingredient for a specific period of time and where another Member State indicates that this ingredient is available organically, the Member State shall consider withdrawal of the authorisation or a reduction in the authorised period of use and shall notify the Commission of the decision taken within 15 working days from the date of receipt of the information regarding its availability in an organic form.

7) Reduced and increased conversion periods (Article 36.2 (b) of 889/2008 and Article 36.3 of 889/2008) – new requirements relating to the conditions to pertain regarding reductions in the conversion period will be specified in a Standards Amendment – such reductions also require Competent Authority approval.  In addition, provision has been made for the Competent Authority to extend the conversion period in cases where the land was contaminated with products not authorised for use in organic production – the conditions pertaining to the latter will be clarified in the relevant Standards Amendment.

8) Tethering of animals (Article 39) – in accordance with established practice, prolonged tethering will not be authorised by DAFF.

9) Parallel Production - Organic and non-organic of same species on units/holdings carrying out agricultural research or formal education – (Article 40 - part 2) – this provision relates to formal agricultural research units and formal educational establishments only – the requirements will be clarified in the relevant Standards Amendment.

10) Non-Organic Chicks and Non-Organic Pullets (Article 42 of 889/2008) - Use of non-organic chicks less than 3 days old and use of non-organic layers up to 18 weeks [in accordance with specific conditions which require the use of certified organic feedstuffs and veterinary inputs which comply with the regulations for the latter – up to 31.12.2011 only].

11) Catastrophic circumstances (Article 47 of 889/2008) – relates to periods which are defined by the Competent Authority as the existence of ‘catastrophic circumstances’ whereby the percentages for brought-in non-organic animals and the rules pertaining to non-organic feedstuffs can be relaxed by the Competent Authority in very exceptional circumstances.  The Competent Authority must notify the Commission and the other Member States of any authorisations regarding use of non-organic feedstuffs under this measure.

12) Seed database (Article 48 of 889/2008) – requires that each Member State ensures that a computerized database is established for the listing of the varieties for which seed or seed potatoes obtained by the organic production method are available on its territory.

13) Fraud (Article 91, Part 3 of 889/2008) - Member States shall take whatever measures or sanctions are required to prevent fraudulent use of the descriptions for organic produce or mis-use of the EU logo.

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The Organic Trust Ltd.
Vernon House, 2 Vernon Avenue, Clontarf, Dublin 3, Ireland.
Tel / Fax: 00 353 1 853 0271

Reg. No. 193345 - Organic Trust Ltd • A Voluntary Organisation • Company Limited by Guarantee
EU, DEFRA & Department of Agriculture in Ireland Approved Organic Certification Body
Codes: IE-ORG-03 (Republic of Ireland) and GB-ORG-09 (Northern Ireland and UK) - EN45011 Accredited.

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