Notice By Økologiloven Reprinted Definitive Series

Original Language Title: Bekendtgørelse af økologiloven Omtryk

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=123424

Overview (table of contents) Chapter 1 the law's scope, purpose, etc.

Chapter 2 The Organic Fødevareråd

Chapter 3 marketing

Chapter 4 Authorization

Chapter 5 Administration by law

Chapter 6 Orders and bans, etc.

Chapter 7 penal provisions

Chapter 8 entry into force, etc., The full text of the Ordinance of økologiloven

Hereby published økologiloven, law No. 463 of 17. June 2008, with the changes brought about by section 70 of Act No. 1336 of 19. December 2008.

Chapter 1

The law's scope, purpose, etc.

§ 1. The law shall apply to the production, storage, preparation, import and marketing of organic agricultural and fisheries products, including food.

§ 2. The Act's purpose is to





1) lay down the framework for and help to strengthen the dissemination of sustainable, organic production,

2) protect consumer interests and to respond to consumer demand for products manufactured using processes that take particular account of environmental, nature, biodiversity, plant, animal and human health, and animal welfare, and

3) ensure the organic producers and traders fair and level playing field.





§ 3. By law the administration must, particular emphasis is placed on respect for the credibility and reputation of Ecology with the consumer. In addition, the precautionary principle in organic production and processing of organic products be included in the administration.

Chapter 2

Organic Fødevareråd

§ 4. The Minister for food, agriculture and fisheries, reduce the ecological Fødevareråd.

(2). The Organic Fødevareråd to promote, monitor and assess the possibilities of development for the Danish organic sector. The Council advises the Minister on matters relating to this Act, the rules thereunder, as well as on the implementation of the EU rules and other international obligations, as regards the organic production method. In addition, the Council may advise the Minister on other issues relating to ecology.

(3). The Minister of food, agriculture and fisheries shall determine the composition of the Council. The Chairperson shall be appointed as a representative of the Ministry of food, agriculture and fisheries. The other members shall be appointed on the recommendation of, respectively, the Ministry of the environment, the Association of Biodynamic agriculture, Organic unification, agricultural Council, Danish agriculture, Council of the labour movement, Consumer Council, the Danish Industry, the retail trade, The Danish Green contact Committee and the Danish Aquaculture.

(4). The Minister of food, agriculture and fisheries may provide that other organizations or authorities can set members to the Council.

(5). The Minister of food, agriculture and fisheries shall lay down detailed rules for The Organic Food Council work.

Chapter 3

Marketing

The use of the organic designation

§ 5. Products covered by this law may only be placed on the market or sold with reference to the fact that they are produced according to the organic production method, if the products are manufactured in accordance with the rules laid down pursuant to this Act or the regulations of the European Community regulations on matters covered by this law.

Ø-mark

§ 6. The Minister of food, agriculture and fisheries may lay down rules on the design of ecology control mark (e-mark).

(2). The Minister of food, agriculture and fisheries may lay down rules on the use of island marked on the products covered by this law, including on the use of the mark in connection with the marketing of products covered by the law.

(3). Ø-mark may be used in connection with information on and teaching of ecology.

Chapter 4

Authorization

The granting of authorisation

§ 7. The Minister of food, agriculture and fisheries can grant authorization for organic company, which operated in accordance with the European Community regulations on matters covered by this law, the provisions of this law and the rules laid down in accordance with the law.

(2). Approval may be granted to natural and legal persons to the organic operation of a particular undertaking.

(3). The Minister of food, agriculture and fisheries can lay down rules for authorisation, including an application, etc.

Refusal of authorisation

§ 8. Authorisation can be refused if





1) applicant's authorization within the preceding 5 years, been revoked and there is reason to believe that the person will not drive the company organically in accordance with rules,

2) applicant within the preceding 5 years is found guilty of an offence may give grounds for believing that the person concerned will not drive the company organically in accordance with the rules, or

3) Moreover, in the absence of information on the question, which gives reason to believe that the person will not drive the company organically in accordance with the rules.





(2). Partnerships and limited partnerships may be denied authorization if there on one of the participants in the absence of information, as provided for in paragraph 1 may justify refusal of authorisation.

(3). A limited liability or anpartsselskab or another limited liability company may be denied authorization if that whether a member of the company's Board in the absence of information, as provided for in paragraph 1 may justify refusal of authorisation.

Lapse of an authorisation

§ 9. Authorisation lapses





1) producer, user, or change of ownership, or

2) when the approval holder to the Minister of food, agriculture and fisheries or the Minister authorizes thereto, shall notify the termination of production.





Withdrawal of approval

§ 10. The Minister of food, agriculture and fisheries can revoke a granted authorisation, if the authorisation holder grossly or repeatedly violated the European Community regulations on matters covered by this law, the provisions of this Act or the rules laid down in accordance with the law.

(2). The authorization holder is involved in a partnership or limited partnership or a member of the Executive Board of a public limited-liability company or another company with limited liability, can the Minister of food, agriculture and fisheries shall revoke its approval if the authorization holder fails within a period of 2 months resigns as a participant or as a member of the Executive Board of the company.

(3). The authorization holder is a partnership or limited partnership or a limited liability or anpartsselskab or another company with limited liability, can the Minister of food, agriculture and fisheries shall revoke the authorisation, as the participants personal in the partnership or limited partnership or the members of the Executive Board in stock or limited liability company, or other limited liability company has been issued.

(4). The Minister of food, agriculture and fisheries can revoke a granted authorization, if the company is in a period of at least 1 years has not had the organic activity.

(5). It can in connection with revocation under paragraph 1-3 provides that the authorisation will only be restored after a period which cannot exceed 5 years.

(6). Decisions in accordance with paragraphs 1 to 4 shall include information on access to judicial review pursuant to section 12 and the deadline for doing so.

Daily operation

§ 11. The day-to-day operations of the authorization provider must be carried out by auto ri sa production holder himself or by a person who can obtain the approval.

(2). Carried out the day-to-day operations of a person who is unable to obtain authorization, the Minister may revoke the authorization of the holder of the authorisation, if the person does not, within a period of 2 months resigns as the head of day-to-day operations. The decision shall contain information on access to judicial review pursuant to section 12 and the deadline for doing so.

Judicial review of the revocation of authorization

§ 12. Decisions under section 10, paragraphs 1 to 4, and article 11, paragraph 2, of the authorization holder required brought before the courts. The request must be made to the satisfaction of the Minister of food, agriculture and fisheries, within 4 weeks after the recall is announced the approval holder. The Secretary of State brings an action against the approval holder in the civil procedure forms.

(2). Request for legal action has no suspensory effect. The Court may, however, provide to the person concerned during the proceedings must operate at specified conditions.

Chapter 5

Administration by law

The authority to implement EU legislation, etc.

§ 13. The Minister of food, agriculture and fisheries can lay down rules or adopt provisions with a view to the implementation of the European Community directives and decisions on matters covered by this law. The Minister may also lay down the rules and implement the measures necessary for the implementation of regulations laid down by the European Community on matters covered by this law.

(2). The Minister of food, agriculture and fisheries can lay down rules derogating from provisions in the above-mentioned acts, in so far as they contain access to them.

The authority to establish rules governing the production, etc.


§ 14. The Minister of food, agriculture and fisheries may lay down rules on organic production, etc., including on the preparation, processing, processing, bottling, packaging, repackaging, storage, documentation, self-monitoring, labelling, sale, offering for sale, distribution of sales, deals, distribution, transport, delivery and any other form of transfer, inbound and exportation, notification, reporting, approval and control.

§ 15. The Minister of food, agriculture and fisheries can lay down rules concerning the obligation for companies that sell to or buy products from establishments approved under section 7, to disclose financial information.

Fees

§ 16. The Minister of food, agriculture and fisheries may lay down rules on the collection and payment of full or partial coverage of expenses for the authorization, supervision, control and administration in accordance with this law, in accordance with the regulations issued pursuant to this Act and according to the regulations issued by the European Community.

(2). Payment obligations under this Act or rules issued thereunder and payment obligations resulting from the European Community regulations, attributed to interest rates. Unless otherwise provided by regulation, the interest rate is calculated from the due date, and the payment is made with the renteloven provided in the reference rate plus. The applied interest, however, is at least 50 us $. For a fee paid on reminders 100 DKK, as adjusted per 1. percentage adjustment in January with law on a rate adjustment percentage for that fiscal year. The amount is rounded to the nearest whole Crown sums divisible by 10.

Publication

§ 17. The Minister of food, agriculture and fisheries can lay down rules about disclosure with naming names of results as well as the nature and scope of sanctions on the basis of supervision and inspection carried out pursuant to law or regulations issued pursuant to the law or regulations of the European Community. The Minister may lay down rules about including that the complaint has no suspensive effect on publication.

(2). The Minister may lay down rules on how and in what form control results must be made available to the public, including the conditions under which companies can be exempted from the obligation to make inspection results available.

(3). The Minister of food, agriculture and fisheries may lay down rules on the form and extent of publication, including publication can be done electronically. The Minister may determine that certain results not to be published.

(4). The Minister of food, agriculture and fisheries may provide that the publication should be done on the basis of one of the Minister created electronic information system for monitoring results. The Minister may at any time, including periodic, pass both stand-alone information such as mass information from information system to an indefinite circle of recipients. Everyone has access to from in for ma production system to have communicated information that either have been published or to be published. Access includes both the standalone information as a lot of information.

Access to justice

§ 18. Assign the Minister for food, agriculture and fisheries of its powers under the law to an authority under the Ministry, the Minister may lay down rules on access to complaint against the Authority's decisions, including whether to appeal cannot be brought before another administrative authority, and on the Authority's access to reopen a case after the complaint has been lodged.

(2). The Minister of food, agriculture and fisheries can after negotiation with the concerned minister transfer its powers in accordance with this law to another government agency or governmental institution. The Minister may, in connection with this, lay down rules on access to complain about these authorities or institutions ' decisions, including whether to appeal cannot be brought before another administrative authority, and whether the authority or institution's access to resume a case after the complaint has been lodged.

(3). The Minister of food, agriculture and fisheries can after negotiation with the concerned municipal organization drop its powers in accordance with this law for a Municipal Council. The Minister may, in connection with this, lay down rules on access to complain about Municipal Board's decisions, including whether to appeal cannot be brought before another administrative authority and of Municipal Board's access to reopen a case after the complaint has been lodged. The Minister can change decisions without having filed a complaint. The Minister retains its full instructional competence.

Access without a court order

§ 19. The Minister of food, agriculture and fisheries or the Minister authorizes it, have, if necessary, at any time against proper identification without court order access to public and private property, sites, business books, papers, etc., including material that is stored in electronic form, in order to provide information necessary to use for solution of tasks in accordance with this law, the rules laid down pursuant to the law or regulations of the European Community regulations on matters covered by this law.

(2). The police shall provide, where necessary, assistance for the implementation of the checks referred to in paragraph 1. The Minister of food, agriculture and fisheries can be negotiated with the Attorney lay down detailed rules on the subject.

(3). The Minister of food, agriculture and fisheries or the Minister authorizes it, may take exams to study without having to pay the payment for it.

Duty to provide competent authority assistance

§ 20. The who is governed by the rules laid down in this law, the rules laid down pursuant to this Act or the regulations of the European Community regulations on matters covered by this law, shall, at the request of the Minister for food, agriculture and fisheries or the Minister authorizes it, provide all information, including on financial and accounting matters, as required by the implementation of control by law , as well as free of charge provide the Minister or the Minister authorizes it, the necessary assistance for testing, sampling, copying and delivery of written documents and printouts of the information, which is stored in electronic form.

Chapter 6

Orders and bans, etc.

Injunctions and prohibitions

§ 21. The Minister of food, agriculture and fisheries can tell the impositions and bans that are deemed necessary for compliance with the law or rules laid down pursuant to this Act or the regulations of the European Community regulations on matters covered by this law.

Renewed conversion

§ 22. The Minister of food, agriculture and fisheries can order the renewed conversion of land or animals, if it finds an infringement of the rules laid down pursuant to this Act or the regulations of the European Community regulations on matters covered by this law.

Ban on sale

§ 23. The Minister of food, agriculture and fisheries can prohibit a product covered by this law is offered for sale, sold or otherwise transferred, referring to the fact that it is produced according to the organic production method, where the product does not comply with the rules laid down in this law or rules laid down pursuant to this Act or the rules laid down in the European Community regulations on matters covered by this law.

(2). The Minister of food, agriculture and fisheries can order a period that cannot exceed 5 years, prohibit any natural or legal person to sell or otherwise translate the products covered by this law on the ground that they are produced according to the organic production method, where the official has been guilty of serious or repeated violations of the European Community regulations on matters covered by this law.

Chapter 7

Criminal provisions

§ 24. Unless a higher penalty is inflicted for other legislation, is punishable by a fine, the





1) violate section 5,

2) fails to submit information or providing assistance available under section 20,

3) violates any prohibition or fails to comply with the injunction granted in accordance with §§ 21-23.





(2). In regulations issued under this law, may be fixed penalty of fines for violation of the rules. In addition, rules can be fixed penalty of fines for violation of the rules of the European Community on matters covered by this law.

(3). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Administrative fine specimen

§ 25. Deemed a violation not to would result in higher penalty than fines, can the Minister of food, agriculture and fisheries indicate that the case can be settled without judicial proceedings, if the person who committed the offence, pleads guilty in the infringement and prepared for before a specified time limit may be extended upon request, to pay a fine specified in the manifestation.

(2). With regard to the indication referred to in paragraph 1, the provisions of the code of civil procedure concerning the requirements for the contents of an indictment and that a term is not obliged to give an opinion, mutatis mutandis.

(3). Paid the fine in a timely manner, or will be adopted and recovered or served, lapses further prosecution.

Chapter 8

Entry into force, etc.

Date of entry into force of


section 26. The Minister of food, agriculture and fisheries shall fix the time of the entry into force of the Act. 1)

(2). By the date of entry into force of the law be repealed, without prejudice to article økologiloven. lovbekendtgørelse nr. 761 of 29. June 2006, with the exception that section 15 shall remain in force.

(3). Rules laid down in accordance with the law referred to in paragraph 2 shall remain in force until they are repealed or replaced by new rules laid down pursuant to this Act or other legislation. Violations are punishable in accordance with the existing rules.

Validity of the Faroe Islands and Greenland

§ 27. The law does not apply to the Faroe Islands and Greenland.




Act No. 1336 of 19. December 2008 § 70 relate to ecology section 16(1), 3-5. The law will come into force 1. January 2009, see. section 167. The law is a consequence of the law on the recovery of debt to the public, and entails waiver of provisions for recovery in the specific legislation.

Ministry of food, agriculture and fisheries, the 12. March 2009 Eva Kjer Hansen/Dorthe Nielsen Official notes 1) Act entered into force on 1 January. January 2009, see. Executive Order No. 1103 of 17. November 2008.