Law No. 10,831, Of 23 December 2003

Original Language Title: Lei nº 10.831, de 23 de Dezembro de 2003

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LEI No. 10,831, DE December 23, 2003.

Has it on organic farming and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC

I make it known that the National Congress decrees and I sanction the following Law:

Art. 1º It is considered organic farming production system all the one in which specific techniques are adopted, upon the optimization of the use of available natural and socioeconomic resources and respect for the cultural integrity of rural communities, aiming for economic and ecological sustainability, the maximization of social benefits, minimization of non-renewable energy dependence, employing, where possible, cultural, biological and mechanical methods, in contraposition to use of synthetic materials, the elimination of the use of genetically modified organisms and ionizing radiation, at any stage in the process of production, processing, storage, distribution and marketing, and the protection of the environment.

§ 1º The purpose of an organic production system is:

I? the supply of healthy products free of intentional contaminants ;

II? the preservation of the biological diversity of natural ecosystems and the recomposition or increment of biological diversity of the modified ecosystems in which the production system falls ;

III? incrementing the biological activity of the soil ;

IV? promote healthy use of soil, water and air, and reduce to a minimum all forms of contamination of these elements that may result from agricultural practices ;

V? maintain or increment soil fertility in the long term ;

VI? recycling of waste from organic origin, reducing to a minimum the employment of non-renewable resources ;

VII? be based on renewable resources and locally organized agricultural systems ;

VIII? encourage integration between different segments of the productive chain and consumption of organic products and the regionalization of the production and trade of these products ;

IX? manipulate agricultural products based on the use of careful elaboration methods, for the purpose of maintaining organic integrity and the vital qualities of the product at all stages.

§ 2º The concept of organic agricultural and industrial production system covers those named: ecological, biodynamic, natural, regenerative, biological, agroecological, permaculture, and others that meet the principles established by this Act.

Art. 2º It is considered to be the product of organic farming or organic product, whether it is in natural or processed, the one obtained in organic system of agroanian production or coming from sustainable and non-harmful extraction process to the ecosystem location.

Single Paragraph. Every person, physical or legal officer, responsible for the product generation defined in the caput of this article is considered to be producer for the purpose of this Act.

Art. 3º For their marketing, organic products should be certified by officially recognized body, according to criteria set out in regulation.

§ 1º In the case of direct marketing to consumers, by family farmers, entered into their own organization and social control processes, previously enrolled together with the supervisory body, the certification will be optional, once assured to consumers and the watchdog the traceability of the product and free access to production or processing sites.

§ 2º The certification of organic production that treats the caput of this article, focusing on systems, criteria and circumstances of their application, will be matter of regulation of this Act, considering the different systems of existing certification in Country.

Art. 4º The responsibility for quality relating to the regulated characteristics for organic products shall be for producers, distributors, traders and certifying entities, according to the level of participation of each.

Single Paragraph. The quality of which treats the caput of this article does not exonerate the agents of that productive chain from compliance with other standards and regulations that establish other measures concerning the quality of products and processes.

Art. 5º The procedures concerning the surveillance of production, circulation, storage, marketing and certification of domestic and foreign organic products, shall be subject to regulation by the Executive Power.

§ 1º The regulation should define and ascribe the responsibilities for the implementation of this Act within the Federal Government.

§ 2º For the implementation of this Act, arrangements, adjustments and agreements between organs and institutions of the Federal Administration, States and Federal District, may be concluded.

Art. 6º Without prejudice to civil and criminal liability liabilities, the infringement of the provisions of this Act shall be ascertained in administrative proceedings and shall entail, pursuant to the terms laid down in Regulation, the application of the following sanctions, isolated or cumulatively:

I? warning ;

II? fine of up to R$ 1,000,000.00 (one million reais) ;

III? suspension of marketing of the product ;

IV? conviction of products, labels, packaging and raw material ;

V? unutilization of the product ;

VI? suspension of credentialing, certification, authorization, registration or license

VII? cancellation of the credentialing, certification, authorization, registrati

Art. 7º Shall the organ defined in regulation adopt precautionary measures that demonstrate indispensable to the fulfillment of the objectives of this Act, as well as to have on the intended purpose of products seized or convicted in the form of their regulation.

§ 1º The holder of the good who is apprehended may be appointed his depositary.

§ 2º The costs for any of the procedures mentioned in this article will run on account of the offender.

Art. 8º Physical or legal persons, whether public or private, who produce, carry, commercialize or store organic products are required to promote the regularization of their activities with the competent organs.

Single Paragraph. Registration procedures, enrollment, licensing and other control mechanisms should meet the provisions of the Regulation of this Act and the other relevant legal instruments.

Art. 9º The inputs with regulated use for organic farming should be the subject of differential registration process, which ensures the simplification and streamlining of their regularization.

Single Paragraph. The competent federal bodies will define in additional acts the procedures for the applicability of the provisions of the caput of this article.

Art. 10. For the fulfillment of requirements for sanitary and phytosanitary measures, competent authorities should, where possible, adopt measures compatible with the characteristics and specificities of organic products, so as not to discharacterize them.

Art. 11. The Executive Power will regulate this Act, setting out the technical standards for organic production and its management structure within the Union, States and the Federal District.

§ 1º Regulation should contemplate the participation of representatives of the agri-livestock sector and civil society, with recognized acting at some stage of the organic productive chain.

§ 2º The regulation of this Act will be reviewed and updated whenever necessary and, at most, every four years.

Art. 12. (VETADO).

Single Paragraph. The regulation of this Act should set a minimum term of 01 (one) year for all segments involved in the productive chain to be able to conform to procedures that are not previously established by official regulation.

Art. 13. This Act shall enter into force on the date of its publication.

Brasilia, December 23, 2003 ; 182º of Independence and 115º of the Republic.

LUIZ INACIO LULA DA SILVA

Marcio Thomaz Bastos

Roberto Rodrigues

Marina Silva