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In accordance with the decision of the Parliament:
This law lays down provisions for the implementation and enforcement of European Union acts on organic production and on the labelling of organic products, in so far as they are not provided for in Under the law:
1) Council Regulation (EC) No 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 ( Council regulation );
2) laying down detailed rules for the application of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products as regards organic production, labelling and control Commission Regulation (EC) No 889/2008 ( Executive regulation );
3) Commission Regulation (EC) No 1235/2008 laying down detailed rules for the application of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries ( Import regulation );
(4) Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules ( Control regulation ).
What this law provides for in the European Union or the Member States of the European Union also applies to the European Economic Area and to the countries that belong to it.
A food law shall apply to the market surveillance of organic food, feed, alcoholic beverages, spirits, sowing seed or planting material (2006) , feed law (2011) , alcohol law (1143/1994) , seed law, (1999) And planting material (205/1994) .
For the purposes of this law:
(1) With organic products Agricultural products, feed, food, alcoholic beverages and spirits which may be labelled, in accordance with the Council Regulation, by means of labelling, in accordance with the Council Regulation;
(2) Agricultural products Products of agricultural origin, including aquaculture products and seaweed;
(3) Operator A natural or legal person as defined in Article 2 (d) of the Council Regulation;
(4) Food The food referred to in Article 6 (1) of the Food Law;
(5) Feed Feed referred to in Article 5 (1) of the feed law;
(6) Aquaculture Aquaculture as referred to in Article 2 (g) of the Council Regulation;
(7) Alcoholic beverages The spirit drink referred to in Article 3 (2) (1) of the Alcohol Act;
(8) With spirits Spirits as referred to in Article 3 (2) (4) of the Alcohol Act;
(9) Documentary evidence The documentary evidence referred to in Article 68 of the Executive Regulation;
(10) Imports: Imports from non-member countries of the European Union;
(11) On the export Export to non-eu Member States.
The general guidance for the control and control of organic products and organic production is the Ministry of Agriculture and Forestry.
The Food Safety Agency is planning, directing and developing nationwide controls on organic production and the import and export of organic products and their exports.
The Agency shall monitor:
(1) packaging, storage and wholesale trade of organic agricultural products;
(2) the preparation, preparation, storage and wholesale trade of organic food and feed;
(3) packaging, storage, wholesale trade and marketing of organically produced sowing seed and planting material; and
4) operators who import or export organic products.
The Agency shall be the competent authority within the meaning of the legislation referred to in Article 1 (1) unless otherwise specified below. The Agency shall also be responsible for the exchange of information under the Executive Regulation and the notifications to the other Member States of the European Union and the Commission.
The Centre for Food, Transport and the Environment shall monitor:
(1) the production and marketing of organic agricultural products for retail sale; and
(2) the processing of agricultural products carried out on the farm in a manner which is considered to be low in production.
The Centre shall act as a competent authority within the meaning of Article 36 (2) and (3) of the Executive Regulation concerning the transitional stage of plant production and the competent authority within the meaning of Article 40. Parallel production. In addition, the Centre for Enterprise, Transport and the Environment is the competent authority in the event of an emergency under Article 47 (a) and (b) of the Executive Regulation.
The Agency for Social and Health Authorisation and Control monitors the production, preparation, storage, marketing and wholesale trade of spirit drinks and spirits. By way of derogation from Article 5 (2), the Agency shall monitor the import and export of organic alcoholic beverages and spirits.
Customs control imports of organic agricultural products, foodstuffs, feed, alcohol and spirits, as provided for in the Council Regulation and the legislation adopted pursuant to it.
Customs shall decide on the removal of references to organic production in accordance with Article 15 of the Regulation on the labelling, advertising and accompanying documents of organic products produced in accordance with Article 15 of the Requirements laid down in this Act or Article 1 of the European Union.
The Food Safety Agency shall draw up a multi-annual national control plan referred to in Article 92f of the Executive Regulation describing the structures and organisations of systems related to organic production control, and Strategic objectives, prioritisation and general organisation of control.
In addition to the multi-annual national control plan, the Food Safety Agency shall draw up an annual control plan for the organisation of the means of life, transport and the Agency and the control it carries out. The annual control plan shall specify the content of the checks and the criteria for the assessment of the risk assessment of the sites and the assessment of the implementation of the plan.
The Agency for Social and Health Authorisation and Control shall establish the annual control plan referred to in Article 7 (2).
The Agency shall carry out a planned evaluation of the overall implementation of the monitoring plans under the annual control plans and monitor compliance with the control plans.
The Agency shall publish the results of the monitoring. However, confidential information referred to in Article 14 shall not be published. The Food Safety Agency shall also publish the results of the review evaluation.
More detailed provisions on the publication of the results of controls may be laid down by a decree of the Ministry of Agriculture and Forestry.
The Food Safety Agency and the Centre for Enterprise, Transport and the Environment may, under the supervision of operators and organically produced products, be assisted by inspectors authorised in writing by the Food Safety Agency in writing. Authorised inspectors may carry out the checks required for regulatory control. The authorised inspector shall be subject to the provisions relating to criminal liability in the performance of the duties referred to in this Act. Liability for damages is governed by the law on damages (1999) .
The authorised inspecting officer shall have the expertise and qualifications required to carry out checks on the area for which he is authorised. When the operator so requests, the authorised inspector shall submit a written statement of his mandate, which shall indicate which area of control is subject to his mandate.
The Agency and the Agency for Food, Transport and the Environment shall monitor the activities of the authorised inspectors. Administrative decisions taken as a result of inspections shall be carried out by the supervisory authority.
The supervisory authorities and the authorised inspectors referred to in this Act shall be entitled to carry out checks on the implementation and enforcement of this Law and of the Council Regulation and of the provisions adopted pursuant thereto For farmed and other areas, production, storage and other buildings and means of transport, as well as checking the operator's accounts, carrying out other checks and taking samples of samples for the purpose of the investigation.
In the premises used for permanent residence, the inspection shall only be carried out by the supervisory authority.
The supervisory authorities and the authorised inspectors shall have the right, notwithstanding the confidentiality of the information, to obtain the information and documents necessary for the inspection and control referred to in this Act.
In addition to what the law on public authorities' activities (18/09/1999) , the information received under the supervision shall not be subject to the disclosure of confidentiality rules:
(1) to the authorities referred to in Articles 5 to 8 of this Act for the performance of the tasks provided for in this Act and Article 1;
2) to the EAFRD, to the extent required by Article 92 (6) of the Executive Regulation;
(3) prosecuting, police and customs authorities to investigate the crime;
(4) the control authorities referred to in the Food Law for the purpose of market surveillance of organic food.
Police officers' obligation to provide administrative assistance (872/2011) Chapter 9 § 1.
Customs may grant administrative assistance to the supervisory authority for the purpose of carrying out an inspection within the meaning of the European Union legislation referred to in Article 1 or Article 1.
Article 13 provides for an inspection and information right of the Finnish authority, including European Union inspectors. When carrying out checks, the European Union inspectors shall cooperate with the supervisory authorities.
The recognition numbers of the supervisory authorities in accordance with Article 27 (10) of the Council Regulation are laid down by a decree of the Ministry of Agriculture and Forestry.
Before placing on the market the placing on the market of organic products, the operator shall make a declaration of accession to the supervisory authority concerned. The information provided in the notification must be in accordance with Article 63 (3) of the Executive Regulation.
Operators who, in accordance with Article 28 (2) of the Council Regulation, do not need to enter into the system of control of organic production may be regulated in more detail by a decree of the Ministry of Agriculture and Forestry.
An operator who has been inspected for the first time and meets the conditions laid down in the Council Regulation and the European Union legislation adopted pursuant to it, shall provide a document record of the supervisory authority concerned. After the presentation of the documentation, the operator shall be included in the organic production control system by entering the operator in the register.
The office or activity which does not meet the conditions referred to in paragraph 1 and cannot be connected to the control system shall be subject to a separate decision by the supervisory authority concerned.
The operator shall, in accordance with Article 64 of the Executive Regulation, inform the relevant supervisory authority of any changes that have occurred. The supervisory authority concerned shall assess whether the change in activity requires a new inspection.
The supervisory authority concerned shall carry out checks in accordance with the annual control plan to the operator attached to the control system.
After the inspection, the operator shall be provided with documentary evidence if the activity meets the conditions laid down in this Act and Article 1 of the European Union legislation. The activity or product which does not meet the requirements laid down shall be subject to a separate decision by the supervisory authority concerned.
An operator wishing to withdraw from the organic production control system shall submit a written notification to the relevant supervisory authority. The decision to remove the operator from the control system shall be taken by the supervisory authority.
The controller referred to in Article 23 shall remove the data concerning the operator from the Register of organic production no later than five years after the operator has been removed from the control system.
The Organic Production Register is kept by the Food Safety Authority. Liability of the controller is governed by the Law on the Information System of the EAFRD (194/2008) § 5. In addition, centres of industry, transport and the environment shall have the right to use and update the register information to the extent required by Article 6 of this Act.
However, for the tasks referred to in Article 7 of this Law, the controller is the Office for Social and Health Authorisation and Control. The register shall be kept under Article 44 of the Alcohol Act.
The following information shall be entered in the Register of organic production:
(1) the name of the operator, the property identification number, the single identification number and the company and community logo and other contact details;
(2) places of production and units in which the activity takes place;
(3) with regard to activities, information on the activities and products concerned;
(4) in the case of agricultural production, the regions, the basic and growth blocks and their area, and the transitional period and its duration;
(5) organic and the number of animals normally reared at the time of inspection and the seasonal nature of the activity;
(6) the date on which the activity is connected to the control system;
(7) the date on which the inspection was carried out and the number of the inspector;
(8) the statement of documents issued to the operator, the date and duration of the document;
(9) the authorisations granted to the operator under this Act or Article 1 of the European Union legislation and their duration;
(10) any penalties and monitoring of non-compliance with the provisions of this Act or of Article 1 of this Act or of the provisions adopted by the European Union under Article 1, as well as the allocation of other powers by the Authority; Observations and requests and monitoring thereof; and
(11) other information necessary for monitoring purposes that do not include personal data law (523/1999) The sensitive information referred to in Article 11.
The processing of personal data shall be governed by the provisions of the law on personal data and public authorities' activities.
The Agency regards propagating material from species and varieties for which propagating material of seeds and seed potatoes is available, as provided for in Articles 48 to 56 of the Executive Regulation. In accordance with the same procedures, a register shall be kept for other propagating material.
On the basis of information obtained from the supplier of propagating material, the Authority shall regularly update the propagating material register.
The Agency shall publish an updated document report on the operator. However, in the case of operators referred to in Article 7, a document report shall be published by the Office for Social and Health Authorisation and Control.
The Centre for Food, Transport and the Environment may issue an authorisation under Article 39 of the Executive Regulation to keep bovine animals on a holding where the total number of livestock units does not exceed 30 livestock units. The captive cattle herd must be in milk or suckler cow production.
The criteria for calculating livestock units may be laid down in more detail by a regulation of the Ministry of Agriculture and Forestry.
Subject to authorisation by the Agency, the operator may use non-organic seed and seed potatoes. The granting of the authorisation requires that the conditions of Article 45 (5) of the implementing Regulation be met. Promise to apply for each growth period not later than 1 May. In the case of a new farmer, or if there is a heavy reason, an application for authorisation shall be submitted after the deadline has been submitted.
After surviving each year the availability of organic seed and seed potatoes in Finland, the Food Safety Agency may publish a list of species and varieties which cannot be granted the authorisation referred to in paragraph 1.
For propagating material other than those referred to in paragraph 1, the procedures laid down in paragraphs 1 and 2 shall apply.
The Agency may also grant the general authorisation referred to in Article 45 (8) of the Executive Regulation for propagating material other than seed and seed potatoes. The granting of the authorisation requires that the conditions of Article 45 (5) (a) or (c) of the implementing Regulation be fulfilled.
The Authority may, upon application, approve the private production condition of the animal species, the aquatic plant or the microalgae referred to in Article 42 of the Council Regulation. The application may be submitted by a registered association or other entity in respect of a species, aquatic plant or micro-algae for which no detailed production rules have been established in the implementing regulation. The applicant shall demonstrate that the production condition for which authorisation is sought complies with the principles and requirements laid down in the Council Regulation and the Executive Regulation. The approval of the private production condition is supervised by the control system under this law.
The Authority may withdraw the authorisation of a private production condition if it no longer fulfils the conditions for authorisation.
The procedures laid down in paragraphs 1 and 2 shall apply to the private production conditions for pet food referred to in Article 95 (5) of the implementing Regulation.
In the cases provided for in Article 36 (4) of the Executive Regulation, the Authority may decide to shorten the duration of the production of plants. The Authority shall inform the other Member States of the European Union and the Commission of its decision.
The Decree of the Ministry of Agriculture and Forestry may provide more detailed provisions concerning production, processing, marking, marketing, export, import, import, storage, manufacture and transport, in so far as Article 1 It is necessary to implement European Union legislation.
In addition, the Decree of the Ministry of Agriculture and Forestry may, if necessary, give more detailed provisions in the European Union legislation referred to in Article 1 on the technical details and facts submitted to the Member States.
The relevant supervisory authority shall be decided by the relevant supervisory authority in accordance with the provisions of this Law and Article 1 of the European Union. The provisions and prohibitions shall be granted on a temporary basis and shall be withdrawn if the defect has been removed or is no longer relevant to the prohibition or order.
By way of derogation from paragraph 1, the relevant supervisory authority shall prohibit the operator from marketing products of which the labelling or advertising refers to the organic production method for a fixed period of not more than two years in the case of: A serious or long-lasting breach of the provisions referred to in Article 30 (1).
The Authority may improve the effectiveness of this law or of a provision or prohibition laid down in Article 1 of this law by a penalty payment. In the case of a periodic penalty payment, the following shall be complied with in the case of the (1113/1990) Provides.
Every deliberate or gross negligence
(1) marketing products which refer to organic production methods and carry out activities in accordance with the legislation of the European Union referred to in this Act, or in accordance with Article 1 of the European Union, which, in accordance with Article 18, have not declared organic The production control system,
(2) fails to comply with the notification requirement of Article 20;
(3) use expressions referring to organic production as referred to in Article 23 of the Council Regulation, contrary to the conditions laid down in that Article,
(4) infringes the marketing ban imposed pursuant to Article 32 (2);
(5) does not comply with the Authority's decision under Article 30 of the Council Regulation or Article 15 of the Import Regulation to delete references to organic production methods;
Shall be condemned, unless the law provides for a heavier penalty in the rest of the law, Infringement of organic production rules Fine.
The Authority may submit to the preliminary investigation authority without notifying the infringement if the act or omission is minor.
Any violation of an order or prohibition imposed by a periodic penalty payment imposed by Article 1 of this Act or Article 1 may not be punishable by the same offence.
Charges of a public authority under this law or in accordance with Article 1 of the European Union law shall be charged to the State by the State payment law (150/1992) Based on the criteria laid down.
The Authority shall carry out an inspection fee and cost compensation to the inspector under his authority in accordance with this law.
A review of the document may require an adjustment from the supervisory authority of the decision, as is the case in the administrative law (2003) Provides.
The decision to rectify the claim and any other decision taken by the Authority under this Act or under Article 1 of the European Union under the law of the European Union under this Act shall be appealed to the administrative court, as in the case of administrative law (18/06/1996) Provides. The decision to conclude an appeal under this law shall be as follows: (1466/1994) Provides.
The decision of the administrative court concerning the withdrawal of the authorisation of a private production condition and the prohibition of marketing within the meaning of Article 32 (2) shall be subject to appeal by appeal to the Supreme Administrative Court. An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal.
Where a decision or a prohibition under the law of the European Union referred to in Article 1 and Article 1 is of such a nature that it must be implemented without delay, it may stipulate that, in spite of the appeal, it shall comply with the The appeal authority is otherwise determined.
This Act shall enter into force on 1 May 2015.
Inspectors authorised by the Authority before the entry into force of this Act to control organic production may act as authorised inspectors within the meaning of Article 12 without a different authorisation.
The operator who has been approved before the entry into force of this Act into the organic production control system shall be transferred to the control system referred to in Chapter 3 of this Act.
Authorisations granted before the entry into force of this Act shall be valid for the period specified therein. Application for accession to the organic production control system submitted to the Authority before the entry into force of this Act in accordance with the legislation in force at the date of entry into force of this Act and other pending cases must be transferred In accordance with this law.
THEY 47/2014 , MmVM 29/2014, EV 295/2014
