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

O RGANIC F ARMING D RAFT L EGAL N OTICE Presented by: Franklin Buhagiar Senior Agricultural Officer

O BJECTIVE 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 of Organic Products, 2015

SCOPE OF REGULATION ON O RGANIC P RODUCTION AND L ABELLING OF O RGANIC P RODUCTS R EGULATIONS (2) Objective: To implement the relevant provisions of Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 and Commission Regulation (EC) 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control. (3) Measures to control the organic production and labelling of agricultural products

R EGULATION 3 D ESIGNATION OF THE C OMPETENT A UTHORITY 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.

R EGULATION 4 D ELEGATIONS OF F UNCTIONS  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: offer adequate guarantees of objectivity and 1. impartiality and shall have at its disposal the qualified staff and 2. resources necessary to carry out its functions;

R EGULATION 4 D ELEGATIONS OF F UNCTIONS 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; or  grant exceptions to operators

R EGULATION 5 F UNCTION OF THE C ONTROL A UTHORITIES AND / OR C ONTROL B ODIES Control authorities and/or control bodies may be responsible for:  verification of the operators’ declaration and other 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)

R EGULATION 5 F UNCTION OF THE C ONTROL A UTHORITIES AND / OR C ONTROL B ODIES 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

R EGULATION 6 O RGANIC F ARMING A DVISORY B OARD 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.

R EGULATION 6 O RGANIC F ARMING A DVISORY B OARD 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.

R EGULATION 6 O RGAN IC F ARMING A DVISORY B OARD Functions of the Board:  Advise the Competent Authority in the making of policies regulating the Organic sector;  Monitor and keep under review the proper implementation, functioning or attainment, to the highest standards achievable, of the purpose of 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;

F UNCTIONS OF THE B OARD C ONT ...  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

F UNCTIONS OF THE B OARD C ONT ...  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.

R EGULATION 7 C ONTROL O FFICIALS  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: Enter and inspect any premises in which 1. organic product is being produced, processed, packed, stored, sold or offered for sale, examine and search such premises, 2. inspect any such product and take samples. 3. access and inspect documentation relating to, 4. any registers, records and notes kept seize and obtain any records 5.

R EGULATION 7 C ONTROL O FFICIALS  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. ’

R EGULATION 8 C ERTIFICATION  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 or market any product labelled as organic unless this operator has obtained the relevant certification from the competent authority, control authority or control body

C ERTIFICATION C ONT ...  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 operator at least once a year.

R EGULATION 9 F EES  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 .

R EGULATION 10 – 13 I MPLEMENT SPECIFIC PROVISIONS OF THE EU R EGULATIONS  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

R EGULATION 14 C OMPETENT AUTHORITY RESPONSIBLE FOR GRANTING AUTHORISATION FOR THE USE OF SEED OR VEGETATIVE PROPAGATING MATERIAL NOT OBTAINED BY ORGANIC METHODS U se of seed or vegetative propagating material not obtained 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.