Notice On Organic Food, Etc.

Original Language Title: Bekendtgørelse om økologiske fødevarer m.v.

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=122711

Overview (table of contents) Chapter 1 Chapter 2 scope of non-food products Chapter 3 Review and control Chapter 4 Changes or cessation of activities Chapter 5 Labelling with code number and ecology control label (Island label) Chapter 6 Import of organic food Chapter 7 Documentation relating to supplier of organic food, etc.
Chapter 8 the control authorities access to the documentation Chapter 9 Chapter 10 Chapter 11 sanctions Waiver for entry into force and transitional provisions Annex 1 Annex 2 Annex 3 Annex 4 The full text of the Ordinance on organic food, etc. 1) pursuant to article 6, paragraphs 1-2, § 7 (3), § 13, § 14, § 15 and article 24, paragraph 2, of law No. 463 of 17. June 2008, økologilov, determined under the authority: Chapter 1 scope § 1. This notice concerns: 1) food products of agricultural origin, to be marketed under the reference to organic production methods (organic food).
2) Organic animals delivered for transport to slaughter.
3) Feed with animal content which is meant for dogs, cats and other pets (organic non-food products), to be marketed under the reference to the organic production method.
Chapter 2 section 2 of the non-food products. Organic non-food products must only contain the ingredients of non-agricultural origin, as referred to in annex 1, part A of this order.
(2). From the processing of organic non-food products or ingredients therein, which are of agricultural origin, may be used only in the products listed in annex 1, part B of this order.
Chapter 3 Review and control section 3. Operators shall transmit the notification to the food the region and covered by the organics control if they: 1) prepares organic food or non-food products, 2) placing or storing organic food or non-food products wholesale or 3) importing organic food or non-food products from third countries.
(2). Retail establishments must not declare simple preparation when: 1) Preparation happens in customer's publicly or in the immediate vicinity of the customer, 2) food and non-food products after the cooking process still carries the original marking and thereby clearly appears as organic or 3) are not modified by the physical form of the organic food or non-food products.
(3). If organic food or non-food products are separated from the original packaging in connection with simple preparation, see. (2) there must be labelling with the lot number in the immediate vicinity of the said organic food or non-food products. The lot number must be clearly separated from the information addressed to the consumer.
(4). Large kitchens, see. the definition in the Ordinance on organic catering operation, should not review the preparation of organic food, see. (1). 1. the provisions in paragraph 5. Notwithstanding the provisions of paragraph 4 shall caterers who want to make use of the organic designation in the marketing of organic food or organic parts of the dishes, review the preparation of organic food, see. paragraph 1, no. 1, when those dishes or parts of the dishes are produced from organic ingredients that are not exclusively present in the kitchen in organic form.
(6). The large kitchens referred to in paragraph 5, the placing on the market of foods must be in accordance with the Council regulation and Commission Regulation provisions, however, are referred to in paragraph 5, catering not covered by title III, chapter I Regulation Commission.
§ 4. Traders who are related to the primary production performs one or other of these notifiable activities must only notify those food region, when the activities in question must be registered or authorized by food region, pursuant to notice of approval and registration of food businesses as well as self-monitoring (approval notice).
(2). However, should there not be a notification to food region in cases where that alone must be subject to registration in accordance with paragraph 5, approval (2). 1-3, or no. 5-6. The provisions of paragraph 3. Notwithstanding paragraph 1, the economic operator who carries out activities exempt from the requirement for an authorisation or registration according to section 5 of the Executive order on approval (5) or section 14, nr. 1, by the pursuit of the activities referred to in article 3, paragraph 1, notify this to the food the region.
§ 5. Traders subject ecology control must comply with the provisions of this order annex 2 concerning accounting requirements, as well as the articles in title IV of the regulation on the control of the Commission, that caters to traders.
(2). Food agency may provide that commercial agents and the like, which conveys the marketing of organic food or non-food products, covered by Annex 2, where it is necessary to implement an effective control in accordance with the provisions of this Ordinance.
§ 6. For operators subject to the ecology checks drawn up an ecology report of food region. In ecology the report lays down specific requirements for the activities to be controlled.
(2). The operator must be a full description of the unit or premises as well as the activity. The description must be included in the organic report.
(3). The operator must establish all the practical measures, including self-monitoring procedures to be taken in connection with the device or the premises or activity in order to ensure that this Ordinance and Council regulation are complied with. The description must be included in the organic report.
(4). The descriptions referred to in paragraphs 2 and 3, of all organic-controlled operators shall be supplemented by the Declaration in the Commission Regulation, article 63, paragraph 2.
(5). It is the responsibility of the operator to transfer records to the documentation of the implementation and observance of ecology report's terms. The documentation shall at all times be accessible to the food agency and food region, and it shall be kept for a minimum of 5 years.
(6). The activities to be subject to ecology control, cannot commence before the final report is issued by ecology food region to the trader.
(7). Food region can change the ecology report, in the event of a control as necessary.
§ 7. Sodium nitrite (E250) and Potassium nitrate (E252) may only be used for processing of organically produced meat products after a prior permission from the Food Agency.
(2). Permission may be granted on condition that the opposite Food Agency is established that there is no technological alternative that provides the same health guarantee or make it possible to preserve the product's specific characteristics.
Chapter 4 Changes or cessation of activities of the section 8. For amendments of the relationship and activities described in the report, food ecology of the region must be notified at least 4 weeks in advance. The operator must also submit revised descriptions, see. § 6 (2) and (3) to food region.
(2). The modified activities can be initiated when the food the region has approved the revised descriptions as well as a change of ecology issued the report.
(3). If the activities are not performed for a year, can ecology report withdrawn.
(4). Upon termination of activities the operator shall immediately report it to the food region, to which the notification has been made. Ecology report is subsequently lapsed.
Chapter 5 Labelling with code number and ecology control label (Island label) § 9. Organic food and non-food products shall be marked with the code number of the inspection authority, as the trader carrying out the last part of the cooking process, are subject to the basic regulation. Annex 3.
(2). Marking with control code number, see. Annex 3 shall only be complemented with the explanatory text "ecology control authority" and the name of the inspection authority. If the name of the inspection authority is used, the explanatory text "ecology control authority".
§ 10. Traders who are subject to the food of the regions ecology control, can on organic food and non-food products brand with ecology control mark (e-mark) in accordance with the guidelines set out in annex 4.
(2). For the purposes of ecology control mark on non-food products to Council regulation art. 23, paragraph 4, point (a), and section 2 of this Ordinance be met.
(3). For the purposes of ecology control label on processed organic foods to be Council regulation art. 23, paragraph 4, point (a), be complied with.
(4). "Ø-mark" no text "State-controlled organic" may not be reproduced on organic food and non-food products, but can be used for the marketing of organic food and non-food products.
Chapter 6 Import of organic food section 11. Import of organic food and non-food products from a non-approved third country, without prejudice. import regulation art. 19, can happen, if prior authorization is granted for this purpose by the food region, or the import happens with authorization from a competent authority in another Member State. The import can also happen if the imported organic food is certified by an inspection body referred to in Annex i or IV of import regulation.

§ 12. Prior to import, of organic food imported in accordance with article 33 of the Council regulation, a copy of the original certificate of inspection referred to in article 6. import regulation, shall be forwarded to the Food Agency. The copy of the certificate of inspection must be Food Agency not later than a full working day prior to the arrival of the consignment to the Customs dispatch site. Copy of the certificate of inspection must be forwarded by fax or as electronically scanned copy.
(2). At the latest at the same time, with transmission of the copy of the certificate of inspection must be informed about the time of DVFA consignment arrival to first recipient in Denmark.
(3). No later than one full business day prior to the import of organic food imported in accordance with article 32 of the Council regulation, the Food Agency will be informed about the time of arrival of the consignment to the first recipient in Denmark as well as receive copy of vendor documentation, see. import regulation, annex II.
§ 13. For organic food imported in accordance with article 33 of Council regulation, the original certificate of inspection shall be submitted to the Customs authorities before the consignment may be released for free circulation.
(2). By placing under a suspensive procedure with a view to the preparation to the original certificate of inspection shall be submitted to the Customs authorities. After completion of the suspension procedure, the certificate of inspection at new shall be submitted to the Customs authorities before the consignment may be released for free circulation.
(3). By placing under a suspensive procedure aimed at fragmentation should the original certificate of inspection shall be submitted to the Customs authorities.
(4). By removal of staggered consignments shall be presented for each consignment extract of the certificate to the Customs authorities responsible for carrying out the verification, before the part-consignment may be released for free circulation. The importer fills the extract of the certificate in accordance with the import regulation art. 13, paragraph 5.
(5). Prior to fragmentation of staggered consignments shall be forwarded to the Food Agency a copy of the endorsed certificate of inspection as well as the original of the extract of the certificate of conformity for each consignment. Food Agency carry out endorsement of the extract of the certificate.
Chapter 7 Documentation relating to supplier of organic food, etc.
§ 14. The operator shall, before the shipment of organic food and non-food products commences and thereafter at least once each calendar year, obtain the Council Regulation referred to in article 29 of the evidence that the supplier is covered by the organics control.
(2). The confirmation must be issued by an inspection body approved in accordance with the Council regulation and may be a copy.
(3). On imports from third countries shall be considered as sufficient evidence concerning the certificate of inspection the supplier without prejudice. (1).
Chapter 8 section 15 Control authorities access to documentation. Traders who are not notified and subject ecology control, see. sections 3 and 4, but is subject to control under the general food law, it shall, at the request of food region or Food Agency handed over documentation of purchases and sales of organic food and non-food products to and from the operator subject to the ecology control.
Chapter 9 Exemption § 16. Food Agency can, where conditions justify it, grant a derogation from the provisions of § 2, § 5, paragraph 1, article 6, paragraph 5 and paragraph 6, article 8, paragraphs 1, 2 and 4, as well as section 9.
Chapter 10 penal provisions § 17. With fine punished anyone who: 1) violates section 2, § 3, paragraph 1, 3, 5 and 6, § 4, paragraph 3, article 5, paragraph 1, article 6, paragraphs 2 to 6, article 7, paragraph 1, article 8, paragraphs 1-2 and 4, § 9, § 10 (2) and (3) and §§ 11-14.
2) violates any conditions set out in the section 6, paragraph 1 ecology report, or 3) fails to provide assistance or provide information under section 15.
(2). With fine punished anyone who: 1) violates Council Regulation (Council regulation 834/2007 of 28 June 2007) art. 6, art. 8, art. 14, art. 23, paragraphs 1-4, art. 24, paragraphs 1-2, art. 25 (1), art 28 (1), art. 29 (2), art. 32 (1) and art. 33 (1).
2) violate import regulation (Commission Regulation (EC) no 1235/2008) art. 13 (1), paragraph 7, point (d), and paragraph 9, and art. 14, paragraphs 1-3.
3) violates the Commission's Regulation (Commission Regulation (EC) No 889/2008 of 5 september 2008) art. 18, art. 26-27, art. 30-31, art. 33-35, art. 57, art. 62, art. 91 (1) and art. 92 (1).
(3). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.
Chapter 11 entry into force and transitional provisions § 18. The notice shall enter into force on the 1. January 2009.
(2). Executive Order No. 605 of 15. June 2006 about organic food, etc., are hereby repealed. However, the operators during a transitional period expiring on 1. January 2010, continue to apply the Ø-label in accordance with section 12 of the said Ordinance.

DVFA, the 12. December 2008, Anders Munk Jensen/Lene guldborg Annex 1A. Authorised ingredients of non-agricultural origin in organic non-food additives: E 270 lactic acid E Natriumlactat E 330 citric acid 325 E 331 Sodium Citrate E 406 Agar E 407 Carrageenan E 410 carob E 412 guar gum E 440 Pectin (i) other ingredients:-drinking water-Salt (with sodium chloride or potassium chloride as basic substances)-preparations of micro-organisms (bacteria cultures and the development of mould and yeasts) If they are used in accordance with European Parliament and Council Regulation (EC) No 1782/2003. 1831/2003, of 22. September 2003 on additives in feedingstuffs and Council Directive 82/471/EEC of 30. June 1982 on certain products used in animal nutrition.



-Minerals (including trace elements), vitamins, amino acids and other nitrogen compounds are only allowed if there is a legal requirement to use them in those organic non-food products.






B. Products which may be used in the processing of organic non-food products and ingredients of agricultural origin-drinking water-Salt (sodium chloride)-preparations of micro-organisms (bacteria cultures and the development of mould and yeasts) and enzymes.





Annex 2 Financial requirements Definitions Commodities: food and animals, as well as non-food products (food, etc.), as by the operator is intended to be used for the preparation of organic foods, etc.
Finished products: foods, etc. and frasorteringer thereof, are not intended to further the preparation of the trader, but designed to further placing on the market as organic.
Incoming raw materials: raw materials received as well as other/Bought approach to availability of raw materials.
Outbound commodities: raw materials used for production (preparation), sold/supplied or discarded raw materials as well as other departure from the stock of raw materials.
Inbound finished goods: Purchased/received finished goods, including returned goods, finished goods produced (made) by the operator, as well as other additions to the stock of finished products.
Outgoing finished goods: Sold/supplied or discarded finished products, as well as other departure from the stock of finished products.
Supplier: the trader from which the party is physically delivered.
1. General reporting requirements the operator must keep an up-to-date accounts, which ensures the traceability of organic food products. Records shall at all times be accessible. Company data must be able to be documented across from the Food Agency and food region, and the financial statements and its original documents, including balance statements and documents referred to in section 3, shall be kept for a minimum of 5 years.
Such records shall include the following: 1.1. Ongoing registrations That must continually be subject to registration: (a)) all incoming and outgoing as well as incoming and outgoing raw materials finished goods with an indication of the date, the type, quantity, origin and usage.
(b)) Preparation, less used quantities of raw materials, manufactured (prepared) finished goods, shrinkage, discarding, frasorteringer and the like.

Businesses that do not handle conventional foods, etc., are excluded the requirement for continuous registration of commodities included in the production (cooking), and by atrophy and/or added in connection with the production, provided that the quantity of raw materials, including waste and/or growth percentage, can be inferred from a prescription or machine description.
Retail establishments do not handle conventional foods, etc., can also be exempted the other requirements of subparagraph (b), provided that the food the region estimates that effective control will continue to be secured. The conditions for this must be described in the ecology report.

1.2. Balance sheets to be prepared periodic balance statements for each single species ecological raw material and finished product. As separate species must also be taken into account any quality and size categories.
Traders who do not handle conventional foods, etc., should not draw up periodic balance statements. Instead, these operators draw up balance sheets on request from the Food Agency or food region. It will be a terms that ecology report contains a description and an example of balance ' inventories preparation and presentation.
Retail establishments do not handle conventional foods, etc., or may fail to develop arts show balance statements and instead draw up overall balance statements for related raw materials and finished products. It will be a terms that food region estimates that effective control will continue to be protected, and that ecology report contains a description and an example of balance ' inventories preparation and presentation.
1.2.1. balance sheets for the period Range, which balance the inventories must follow, are laid down in the organic report and must be a minimum of 1 month and a maximum of 6 months.
For traders who prepares, stores or handles organic foods, etc. batchvis, or in defined periods of the year referred to above may be waived in the case range in order to ensure the greatest possible consistency between activity and inventory periods. It is a condition that the food the region estimates that effective control will continue to be secured. The period, which balance the inventories must follow, must be described in the ecology report.
1.2.2. Statements of inventory as well as the incoming and outgoing raw and finished products for use in the preparation of balance sheets, must be: (a)) carried out a physical inventory of the inventory of each species of raw material, respectively, finished product at beginning of period (primolagerbeholdning) and termination (ultimolagerbeholdning), and (b)) shall be drawn up a statement for each species of raw material, respectively, finished product over the period's total inbound outbound volumes respectively.

Operators must not include the outgoing quantities of raw materials, which had to be excluded from the ongoing registration, see. paragraph 1.1., in the preparation of the statements referred to in subparagraph (b).
1.2.3. voting Each balance statement must include a reconciliation of the total incoming and outgoing quantities of the species concerned raw material or finished product, taking into account the gap between the opening and ultimolagerbeholdningen. The vote shows a marked difference, the trader in the accounts record the probable cause and describe what corrective actions have been carried out in order to reduce the difference in the following statement period.
1.3. the assessment of the balance between the consumption of raw materials and production of finished product at the end of each statement period must be carried out an assessment of the quantities of raw materials according to balance inventories are used for the production of finished products to be balanced with the quantities of finished products according to balance sheet statements is produced. The assessment shall be based on commonly used prescriptions as well as the expected production losses/– increment. It is estimated that there is a significant difference, the trader in the accounts record the probable cause and describe what corrective actions have been carried out in order to reduce the difference in the following statement period. The assessment must be conducted for each species in terms of finished product. Results of the assessment to be written down and documented in the form of the underlying calculations.
2. Deviations from the General reporting requirements this section concerns only organic foods, etc., which are not prepared by the operator. Such foods, etc., exclusively be stored and/or placed on the market, must be considered as finished products, given that: 1. in the definition of "finished goods" should incoming disregarded "finished goods prepared by the operator" and 2.


those of the under paragraph 1, the requirements that apply to raw materials, lapse.






2.1. a wholesale Storage of non-prepacked organic food, etc. and wholesale marketing of non-prepacked organic food, etc. from the trader's premises For the above activities will lapse with the requirements of paragraph 1.1, point (b), and paragraph 1.3.
2.2. Storage a gros of pre-packaged organic foods, etc. and wholesale marketing of pre-packaged organic foods, etc. from the trader's premises For the above activities will lapse with the requirements of paragraph 1.1, point (b), and paragraph 1.2-1.3.
Food agency or region may, however, demand food or for use in random checks require completion of balance statement, see. 1.2. to 1.2.3.
2.3. Storage wholesale of transport of packaged organic foods, etc. in connection with transport/distribution where there is no change in the parties ' transport packaging, labelling or accompanying documents Of the above activities will lapse with the requirements of paragraph 1.1-1.3.
The following information about each handled party must appear on the financial statements: 1. Information allowing identification of the lot.



2. Name and address of the supplier and the recipient.






Any operator who performs the above activity, should not be considered as a supplier.
2.4. Marketing a wholesale, without storing or other handling of organic food, etc.
For the above activities will lapse with the requirements of paragraph 1.1-1.3.
2.4.1. Documentation for the purchase and sale by the operator must be able to document the purchase and sale of organic foods, etc. The documentation shall contain the following information:-species, including any quality and size categories, date (delivery-receipt date, respectively),-quantity-recipient (name and address) and buyer (name and address), if different from consignee-supplier (name and address) and seller (name and address), if different from the leverandøren, og



-


økologiske status.






2.4.2. Cases where the trader gets done contract work If the trader get carried out preparation or storage as contract work, the operator shall ensure that:-evidence that the lønarbejdsvirksomheden is covered by the organics control, see. 3.2.



-documentation of the of lønarbejdsvirksomheden produced respectively stored amount of organic food, etc.., which States the under 2.4.1. the information referred to.






3. Documentation requirements for organic food received, etc.
3.1. Documents concerning the lot operators must ensure that with each party received organic foods, etc. follow an original document issued by the supplier. The document is not the invoice, please refer to the document in the invoice. The document must contain the following information: 1. Name and address of the supplier and the seller if this is different from the vendor.



2. Approval number (s) (in the case of holdings approved in accordance with the rules on organic production methods established in accordance with økologiloven).



3. Information that makes it possible to identify the party.



4. Information on the lot – minimum quantity and nature of the goods, including any quality and size categories.




5. indication of the ecological status.



6.


Leveringsdato.






The operator must check that the party stands in accordance with the relevant data contained in the document.
3.1.1. Purchases from retail stores or wholesale companies, where the sale takes place at the self-service by way of derogation from the requirement referred to in point 3.1. can documentation concerning the party, by the purchase of organic food, etc. from retail stores or from wholesale companies, where the sale is made by self-service, secured by cash receipt/acknowledgement if the following information as a minimum is apparent: a) the name and address (minimum town) at the store.
b) the sales description.
(c)), referring to the ecological status.
(d) the Quantity or quantities).
e) date of purchase.

3.1.2. Shipments from primary holdings, where the receiver determines the quantity delivered By deliveries from primary farms where determines the quantity delivered, the recipient can demand that with each party follows an original document issued by the supplier, may be replaced by a vendor agreement containing procedures in place to ensure that the supplier makes a discretionary inventory by the crowd, before the party leaves the primary farm, and that this amount be recorded. The procedures should also ensure that the information referred to in point 3.1., nr. 1-6 found in the settlement documents, are available at the supplier and recipient.
3.2 Documentation for imports from third countries on imports from third countries shall be considered as sufficient evidence concerning the certificate of inspection shall, without prejudice to the party. paragraph 3.1.
Bilag 3
Kodenumre på kontrolmyndigheder







Kodenummer


Kontrolmyndighed



DK-Ø-1


Kontrolafdeling Aalborg



DK-Ø-2


Kontrolafdeling Viborg



DK-Ø-3


Kontrolafdeling Herning



DK-Ø-4


Kontrolafdeling Århus



DK-Ø-5


Kontrolafdeling Vejle



DK-Island-6 control unit Esbjerg DK-Island-7 control unit Haderslev DK-Ø-8 Control Department Odense DK-Ø-9 control unit ringsted DK-island-10 Control Department Rødovre and Local Office Bornholm Annex 4 Ecology control mark (Island label) Ø-mark must be: 1. Red in shades similar to pantone 032 C or corresponding together press of 100% yellow and 100% magenta in four color printing, or 2. black.
The mark must be reproduced on white or light background with mutual distances, placements and proportions, as here stated: on colored surfaces or photo is rendered Island-labeled in white rectangle with rounded corners, as here stated: "island" with the Crown can be used without text on eggshell or cheese wax or as a special kødstempel. Kødstemplet can in the immediate connection to the required health marks used on carcases and organs of organically reared animals. By applying the stamp must the General rules on colouring matters for stamping meat are observed.
Official notes 1) Ordinance contains provisions which are necessary for the application of the following regulations: Council Regulation No 40/94. 834/2007 of 28. June 2007 on organic production and labelling of organic products and providing for the repeal of Regulation (EEC) No 2377/90. 2092/91 (OJ L 189 of 20.7.2007, p. 1-23) (of the order called the Council Regulation) and Commission Regulation No 2454/93. 889/2008 of 5. September 2008 implementing Council Regulation (EC) No 1782/2003. 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ L 250 of 18 september 2008) (of the order called Commission Regulation), as well as Commission Regulation (EC) No 1782/2003. 1235/2008 of 8. December 2008 implementing Council Regulation (EC) No 1782/2003. 834/2007 as regards the arrangements for imports of organic products from third countries (OJ L 334 of 12/12/2008, pp. 25-52) (of the order called import regulation). The notice is included in parts of the above regulations. According to article 249 of the EC Treaty where a regulation is directly applicable in each Member State. The reproduction of these provisions in the Ordinance is thus entirely justified in practical terms and shall not affect the validity of the said regulations look in Denmark.