Notice Of Økologiloven

Original Language Title: Bekendtgørelse af økologiloven

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Table of Contents

Chapter 1 Scope of the law, purpose, etc.

Chapter 2 The Organic Food was eating.

Chapter 3 Marketing

Chapter 4 Authorization

Chapter 5 Administration of the Act

Chapter 6 Poopenings and bans, etc.

Chapter 7 Penalty provisions

Chapter 8 The entry into force, etc.

Publication of the Ecological Act

This will make the eco-laws of the law, cf. Law Order no. 196 of 12. This is March 2009, with the changes that are being made by Section 7 of the Act. 341 of 27. April 2011.

Chapter 1

Scope of the law, purpose, etc.

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

§ 2. The law's purpose is to

1) establish a framework and contribute to strengthening the dissemination of sustainable, organic production ;

2) protect consumer interests and meet consumer demand for products obtained by means of processes that take particular account of the environment, nature, biodiversity, plant, animal and human health and animal welfare, and

3) ensure the equitable and equitable and uniform conditions of the organic producers and traders.

§ 3. In the name of the law, particular attention shall be paid to the consideration of the credibility and image of the ecology of the consumer. In addition, the organic precautionary principle must be used for the production and processing of organic products by the administration.

Chapter 2

The Organic Food was eating.

§ 4. The Minister for Food, Agriculture and Fishing is reducing the Ecological Food Council.

Paragraph 2. The Ecological Food Council must promote, follow and assess the development opportunities for the Danish eco-sector. The Council will advise the Minister on matters of this law, as laid down by virtue of this law, as well as the implementation of EU rules and other international obligations as regards the organic production method. In addition, the Council can counsel the minister in other matters concerning ecology.

Paragraph 3. The minister for food, agriculture and fisheries establishes the composition of the Council. The Chairman shall be appointed as a representative of the Ministry of Food, Agriculture and Fisheries. The other members shall be appointed according to the recommendation of the Ministry of the Environment, the United Kingdom, the Danish Agriculture Council, the Danish Agriculture Council, the Danish Agriculture Council, the Danish Industry Council, Danish Industry, Danish Industry, Danish Agriculture, Danish Agriculture, Danish Agriculture, Danish Agriculture and Industry, Danish Agriculture, Danish Agriculture and Industrial Policy, Danish Agriculture, Danish Agriculture and Rural Development, Danish Agriculture, retail trade, the Green Contact Committee and Dansk Aquaculture.

Paragraph 4. The Minister for Food, Agriculture and Fisheries may decide that other organisations or authorities may set members to the Council.

Paragraph 5. The Minister for Food, Agriculture and Fisheries lays down detailed rules for the work of the Ecological Foods.

Chapter 3

Marketing

Use of the organic term

§ 5. Products covered by this law may only be placed on the market or sold by reference to the production of the organic production method provided that the products have been manufactured in accordance with the rules laid down in accordance with this law, or provisions of the European Community regulations on matters covered by this law.

Ø Mark

§ 6. The Minister for Food, Agriculture and Fisheries may lay down rules on the design of the eco-label tag (Ecolabel).

Paragraph 2. The Minister for Food, Agriculture and Fisheries may lay down rules on the use of the Ø label on products covered by this law, including the use of the label in the marketing of products covered by the law.

Paragraph 3. The island mark may be used in the context of information on and training in ecology.

Chapter 4

Authorization

Granting of authorization

§ 7. The Minister for Food, Agriculture and Fisheries may grant approval to an organic establishment operating in accordance with the regulations of the European Community, subject to this law, the provisions of this Act and the rules laid down in : Under the law.

Paragraph 2. Authorisation may be communicated to natural and legal persons to the ecological operation of a particular company.

Paragraph 3. The Minister for Food, Agriculture and Fisheries may lay down rules for authorisation, including on application and so on.

Denial of authorization

§ 8. Authority may be denied if

1) the applicant ' s authority within the preceding five years has been revoked and there is reason to assume that the person in question does not want to operate organically in accordance with the rules,

2) the applicant within the preceding five years has been found guilty of a criminal offence which may cause the assumption that the person concerned will not operate organic in accordance with the rules, or

3) information on the person concerned, which provides grounds for the assumption that the person in question does not want to operate organically in accordance with the rules.

Paragraph 2. Interested parties and in-in-command companies may be authorised if one of the participants has information which is available in accordance with paragraph 1. 1 may cause refusal to grant authorization.

Paragraph 3. A stock or liability company or other company with limited liability may be refused authorization if a member of the company ' s management of the company is provided information which is available in accordance with paragraph 1. 1 may cause refusal to grant authorization.

Abduction of authority

§ 9. Authority lapses

1) by manufacturer, user or owner change, or

2) where the holder of the authorisation holder to the Minister for Food, Agriculture and Fisheries or the Minister authorisations to this end, shall inform the end of production.

Authority recall

§ 10. The Minister for Food, Agriculture and Fisheries may revoke an authorization authorization if the authority holder has been grossly or repeatedly infringing the European Community regulations on matters covered by this law, the provisions of this law or the rules laid down in accordance with the law.

Paragraph 2. The holder of the authorization holder shall participate in a stakeholder or a party member or member of the management of a limited liability company or company with limited liability, the Minister for Food, Agriculture and Fisheries may withdraw the authority of this company, if the authorization holder not within two months shall be the participant or member of the management of the company.

Paragraph 3. If the authority holder is a stakeholder or a limited liability company or a share party or company with limited liability, the Minister for Food, Agriculture and Fisheries may withdraw the personal authorizations, which the participants in the stakeholder or in the Company or members of the management of the shares of the shares in the shares of the shares or the party concerned or any other company with limited liability.

Paragraph 4. The Minister for Food, Agriculture and Fisheries may revoke an authorization authorization if the company during a period of not less than 1 year has not had ecological activity.

Paragraph 5. It may, in connection with the withdrawal of paragraph 1, 1-3 is determined that the authority can only be recovered after a period that cannot exceed 5 years.

Paragraph 6. Decisions pursuant to paragraph 1. 1-4 shall contain information on access to court proceedings in accordance with section 12 and the time limit for this.

Daily operation

§ 11. The daily operation of the authority responsible for the authority must be carried out by the authority holder itself or by a person who can obtain authorization.

Paragraph 2. The daily operation of a person who is unable to obtain authorization can the Minister withdraw approval if the person does not withdraw from the day-to-day operation of the daily operation of the person who is not authorized within 2 months. The decision shall include information on access to justice in accordance with section 12 and the time limit for this.

Courts of courts revocation of authorization

§ 12. Decisions on section 10 (4). 1-4, and section 11, paragraph 1. 2, the authority holder may request the authorization of the authorization holder. The request to that effect must be made to the minister of food, agriculture and fisheries within four weeks of the withdrawal of the authorisation holder. The Minister is suing the authority of the authority holder in the forms of civil justice.

Paragraph 2. The request for a lawsuit does not have a prenup operation. However, the court may decide that the person concerned may exercise a firm under the conditions specified in the proceedings.

Chapter 5

Administration of the Act

Authorisation to implement EU legislation and so on.

§ 13. The Minister for Food, Agriculture and Fisheries may lay down rules or make provision for the implementation of the Directives and decisions of the European Community on matters covered by this law, as well as the minister may also : lay down the rules and implement the measures necessary for the application of the Regulations laid down by the European Community on matters covered by this Act.

Paragraph 2. The Minister for Food, Agriculture and Fisheries may lay down rules on the deviation of provisions of the abovementioned acts, to the extent that they contain access to it.

Authorisation to lay down rules on production, etc.

§ 14. The Minister for Food, Agriculture and Fisheries may lay down rules on organic production, etc., including on preparation, processing, processing, packaging, wrapping, storage, documentation, self-control, labelling, marking, sale, sale, tender for sale ; sales, sale, sale, distribution, transport, delivery and other form of transfer, in-and-export, notification, reporting, approval and control.

§ 15. The Minister for Food, Agriculture and Fisheries may lay down rules on the obligation of undertakings which sell to or buy products from establishments authorized in section 7 to provide accounting information.

Mandatory digital communication

§ 15 a. The Minister for Food, Agriculture and Fisheries may lay down rules on the obligation of agricultural holdings to use digital communication in the context of the annual report on organic agricultural production.

Paragraph 2. The Minister may lay down detailed rules for the Minister to make use of agricultural holdings for agricultural holdings which are subject to rules laid down in accordance with paragraph 1. 1, using digital communication alone.

Paragraph 3. The Minister may, for the communication referred to in paragraph 1, 1, lay down rules on the conditions for use of digital communication, including the use of specific IT systems, special digital formats and digital signature el.lign.

Paragraph 4. The Minister may lay down rules for the minister to issue decisions and other documents relating to the communication referred to in paragraph 1. 2 without a signature, with a mechanical or equivalent manner, or by means of a technique that ensures uniquely identification of the person who issued the decision or document. Such decisions and documents shall be placed in the same way as decisions and documents with a personal signature.

Paragraph 5. The Minister may lay down rules that decisions and other documents which have been made exclusively or issued on the basis of electronic data processing may be issued alone, with the Ministry of Food, Agriculture and Fisheries as a sender.

Paragraph 6. A digital message is considered to have arrived when it is available for the message address.

Fees

§ 16. The Minister for Food, Agriculture and Fisheries may lay down rules on collection and payment for whole or partial coverage of the costs of authorisation, supervision, control and administration under this law, according to rules issued under this law and by Regulations issued by the European Community.

Paragraph 2. Payment obligations pursuant to this Act or Regulations issued under this and payment obligations arising from the provisions of the European Community shall be paid on interest. Save as otherwise provided by Regulation, the rate of the due date shall be calculated and for payment to be paid to the reference rate provided for in the interest rate. However, interest shall be at least 50 kr. For memoirs, a 100 kr; fee shall be paid per day. 1. In the case of the adjustment rate applicable to the financial year concerned, the rate of adjustment shall be in the law of the year concerned. The amount is rounded to the nearest entire chronosum that can be shared with 10.

Publication

§ 17. The Minister for Food, Agriculture and Fisheries may lay down rules on publication of the umbilising of the umbilising Name and the nature and extent of penalties on the basis of supervision and control carried out in accordance with the law or rules issued under the rules of law by the law or by the Regulations of the European Community. The Minister may, in particular, lay down rules that appeal shall not affect the publication of the complaint.

Paragraph 2. The Minister may lay down rules on how and in what form the control results must be made available to the public, including under which conditions undertakings can be exempting the obligation to make control results available.

Paragraph 3. The Minister for Food, Agriculture and Fisheries may lay down rules on the form and the extent of publication, including that publication may be made electronically. The Minister can decide that certain results should not be made public.

Paragraph 4. The Minister for Food, Agriculture and Fisheries may provide that publication must be carried out on the basis of one of the Minister's electronic information system on control results. The Minister may at any time, including periodic, disclose the individual information as well as bulk information from the information system to an undetermined circle of recipients. Each person shall have access to information from the information system to obtain information which has either been published or which must be published. Access includes both individual information and bulk information.

Appeal access

§ 18. If the Minister for Food, Agriculture and Fisheries shall be subject to the jurisdiction of the Ministry, the Minister may lay down rules on access to justice, including the fact that a complaint cannot be brought before the end of the exercise of the law ; a different administrative authority and the authority ' s access to resume a case after a complaint has been lodged.

Paragraph 2. The Minister for Food, Agriculture and Fisheries may, in consultation with the person concerned, hensury his powers under this law to another governmental authority or state institution. The Minister may, in connection with this, lay down rules on access to a complaint by the decisions of these authorities or institutions, including the fact that a complaint cannot be brought to the second administrative authority and whether the authority or the institution is to be lodged ; access to resumption of a case after a complaint has been lodged.

Paragraph 3. The Minister for Food, Agriculture and Fisheries can, after negotiating with the local authorities, hengary leave its powers under this law to a municipal management board. The Minister may, in connection with this, lay down rules on access to complaints against the decisions of the municipal management board, including that the complaint cannot be lodged with the second administrative authority and whether the municipality ' s access to a case is resumed, After a complaint has been lodged. The Minister can change the decisions without filing a complaint. The Minister shall retain its full instructions.

Access without a court order

§ 19. The Minister for Food, Agriculture and Fisheries or the Minister shall authorise this, if deemed necessary at any time, to appropriate credentials without a court order of access to public and private property, premises, business publications, documents etc., including material stored in electronic form, in order to provide information necessary for the use of the solution of tasks under this law, by virtue of the law or provisions of the European Union ; Community regulations on matters covered by this law.

Paragraph 2. The police shall provide for the implementation of the aid referred to in paragraph 1. 1 mention of checks. The Minister for Food, Agriculture and Fisheries may, after negotiation with the Minister of Justice, lay down detailed rules on this matter.

Paragraph 3. The Minister for Food, Agriculture and Fisheries or the Minister authorits to be able to carry out tests, and so on, without having to pay for it.

Duly to grant authority assistance

20. Those governed by the rules of this Act governed by the rules laid down under this law or by provisions of the European Community Regulations on the subject of this law shall, at the request of the Minister for Food, Agriculture and Fisheries, shall, at the request of the Secretary of State, be required to : or the Minister shall authorize this, to provide all information, including economic and accounting conditions, which are required in order to carry out checks in accordance with the law, and free of charge for the minister or the minister or the minister, for this purpose, necessary assistance at the control, sampling, copying and delivery of in writing ; material and transcripts of information stored in electronic form.

Chapter 6

Poopenings and bans, etc.

Poopenings and bans

§ 21. The Minister for Food, Agriculture and Fisheries may make the necessary arrangements and prohibitions deemed necessary for compliance with the law or rules laid down in accordance with this law or provisions of the European Community Regulations relating to the provisions of this Regulation ; of this law.

Renewal transformation

§ 22. The Minister for Food, Agriculture and Fisheries may provide for the renewal of areas or animals in the event of a breach of the rules laid down by this law or provisions of the European Community ' s Regulations on the subject of the provisions of the Community ; of this law.

Prohibition of sales

-23. The Minister for Food, Agriculture and Fisheries may prohibit a product covered by this law on sale, sold or otherwise transferred, with reference to the production of the organic production method, if the product is manufactured ; are not complying with the rules laid down by this Act or rules laid down by this law or rules laid down in the European Community regulations on matters covered by this law.

Paragraph 2. The Minister for Food, Agriculture and Fisheries may, for a period not exceeding five years, prohibit a natural or legal person to sell or otherwise transpose products covered by this Act under the reference that they are produced in accordance with to the organic production method, if the person concerned has been guilty of gross or repeated infringement of the European Community regulations on matters covered by this Act.

Chapter 7

Penalty provisions

§ 24. Unless higher penalties have been inflished on any other law, the penalty shall be penalised by the penalty which :

1) violating section 5,

2) omits to provide information or to provide assistance in accordance with section 20,

3) is in breach or omits to comply with the opening notice in accordance with section 21-23.

Paragraph 2. The rules adopted under this law may be punished for the penalties imposed on infringements of the rules. Moreover, the rules may also be punished for the penalties imposed on the rules laid down by the European Community on matters covered by this Act.

Paragraph 3. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Administrative penalty proposal

§ 25. If a violation is not to be penal than fine, the Minister for Food, Agriculture and Fisheries may indicate that the case can be determined without legal proceedings if the perpetrated by the offence has been declared guilty, the infringement, and shall be prepared before any further specified time limit, which may be extended, in accordance with the request of the request, to pay an indication of the penalty.

Paragraph 2. With regard to the provisions of paragraph 1. Paragraph 1 shall apply the provisions of the rule of law relating to the content of an indictment and that an intentional charge is not required to make a statement, appropriate application.

Paragraph 3. If the fine is timely, or will it be after the adoption or the time of the adoption, the following is being pursued further.

Chapter 8

The entry into force, etc.

Entry into force

SECTION 26. The Minister for Food, Agriculture and Fisheries sets out the date of the entry into force of the law. 1)

Paragraph 2. In the entry into force of the law, the ecological law is repealed, Law Order no. 761 of 29. June 2006, however, 15 remaining in force.

Paragraph 3. Rules laid down in accordance with the provisions laid down in paragraph 1. The law shall remain in force until they are repealed or replaced by new rules laid down in accordance with this law or other legislation. Extremes shall be penalised according to the applicable rules.

Faeroe Islands and Greenland Gylability

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


Law No 1336 of 19. In December 2008, section 70 relates to the section 16 (4) of the Ecological Act. 3-5. The law shall enter into force 1. January, 2009, cf. § 167. The law is a consequence of the recovery of debts to the public sector, and repeal provisions on the recovery of special legislation.


Law No 341 of 27. In April 2011, section 7, relates to the section 15 of ecology of Eology and contains the provision for rules on the obligation to use compulsory digital communication between companies and the public sector. The law shall enter into force on 1. May 2011, cf. § 18.

The Ministry of Food, Agriculture and Fisheries, the Third World Trade Organisation. May 2011

Henrik Høegh

-Dorthe Nielsen

Official notes

1) The law has entered into force on 1. January, 2009, cf. Notice no. 1103 of 17. November, 2008.