Organic Farming Act

(1) This Act provides for the requirements for operating in the area of organic farming to the extent not regulated by the regulations of the European Union, as well as for the grounds and extent of supervision exercised over persons operating in the area of organic farming, and for the liability for violation of the requirements established by such legislation.

(2) The provisions of the Administrative Procedure Act apply to the administrative proceedings laid down in the legislation of the European Union and in this Act, taking account of the specifications of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 07.04.2017, pp 1–142), other legislation of the European Union and this Act.

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(3) The minister responsible for the field may establish, within the limits of their competence, legislation for implementation of the requirements for organic farming in matters where, in accordance with the legislation of the European Union, a Member State has the right to make decisions.

(1) In the events provided for in the legislation of the European Union, the Ministry of Rural Affairs forwards information concerning the implementation of the requirements for organic farming to the European Commission and other Member States, unless otherwise provided by this Act.

(2) For the purposes of this Act, ‘requirements for organic farming’ means the requirements provided by Council Regulation (EC) No 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.07.2007, pp 1–23), other Regulations of the European Union regulating the area of organic farming, and this Act and legislation established on the basis thereof.

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For the purposes of this Act, ‘person operating in the area of organic farming’ (hereinafter person) means a person specified in Article 2(d) of Council Regulation (EC) No 834/2007.

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Where a decision made on the basis of this Act is delivered by post, it may be delivered by unregistered post, registered post or registered post with advice of delivery.

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(1) A person who wishes to engage in the preparation and placing on the market of organic food or food containing organic agricultural ingredients by way of mass catering operations submits to the Agriculture and Food Authority before the commencement of operations respective information along with a notice of economic activities or authorisation application to be submitted for the purpose of handling food by way of mass catering operations.

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(2) A person who has submitted a notice of economic activities for the purpose of handling food by way of mass catering operations under the Food Act or who holds authorisation submits the information specified in subsection 1 of this section to the Agriculture and Food Authority before commencing the operations specified in subsection 1.

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(3) A person who terminates the preparation and placing on the market of organic food or food containing organic ingredients by way of mass catering operations submits the respective information to the Agriculture and Food Authority within 30 working days as of the termination.

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(1) A holding belonging to a person specified in Article 28(1) of Council Regulation (EC) No 834/2007 or a part of such holding (hereinafter holding) must be approved on the basis of this Act.

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(2) A holding of a person specified in Article 28(2) of Council Regulation (EC) No 834/2007 need not be approved where the holding engages only in the sale of pre-packaged products.

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(3) For the purposes of this Act, ‘approval’ means a procedure in the course of which the Agriculture and Food Authority assesses the conformity of an enterprise with the requirements for organic farming.

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A person submits an application for first approval of a holding (hereinafter application) to the Agriculture and Food Authority and pays the state fee at the rate provided for in the State Fees Act where the person wishes to engage in the production, preparation, placing on the market or importing of a product specified in Article 1(2) of Council Regulation (EC) No 834/2007.

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(1) Where a person applies for approval for the production of a product specified in Article 1(2)(a) of Regulation (EC) No 834/2007 of the Council, the initial inspection is carried out within 60 working days after the closing date of the submission of applications and a decision to approve the enterprise or a reasoned decision to deny approval is made within 30 working days after the initial inspection.

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(2) Where a person applies for approval for the production, preparation or placing on the market of a product specified in Article 1(2)(b), (c) or (d) of Regulation (EC) No 834/2007 of the Council, a decision to approve the enterprise or a reasoned decision to deny approval is made within 30 working days after the receipt of the application.

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(2¹) A decision to approve constitutes documentary evidence in accordance with Article 29 of Council Regulation (EC) No 834/2007 and Annex XII to Commission Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ L 250, 18.09.2008, pp 1-84).

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(2²) A decision to approve remains in force until December 31 in the year following the year of making the decision. A decision to approve a wholesaler dealing with pre-packaged products remains in force until December 31 of the third year following the year of making the decision.

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(3) The decision to deny approval specified in subsections 1 and 2 of this section is made where, based on assessment results, the holding is not conforming.

(4) A holding commences adherence to the requirements for organic farming as of the date of submission of the application.

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(5) On its own initiative and based on the regulatory enforcement results of the current year, the Agriculture and Food Authority makes the next decision to approve or refuse to approve a previously approved holding in the year of expiry of the term of validity of the valid decision to approve. Where the grounds provided for in clauses 2–5 of subsection 1 of § 9 of this Act, the Agriculture and Food Authority may refuse to make a decision to approve.

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(5¹) As of communicating the subsequent decision to approve specified in subsection 5 of this section, the validity of the preceding decision to approve the holding terminates.

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(6) The procedure for application for first approval for operation in the field of organic farming, the procedure for processing applications and the deadlines for submission of applications are established by a regulation of the minister responsible for the field.

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[Repealed – RT I, 07.06.2013, 2 – entry into force 01.07.2013]

(1) The Agriculture and Food Authority may revoke a decision to approve an enterprise in full or in part where the person

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1) has submitted a corresponding application;

2) is unable to comply with the requirements for organic farming due to permanent circumstances prevailing in the holding;

3) the person fails to submit the required information to the Agriculture and Food Authority or prevents regulatory enforcement in any other manner;

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4) knowingly uses, for the purpose of fertilisation, improvement of the characteristics of the soil or plant protection, substances not specified in Annexes I or II to Commission Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control, or products specified in Article 9(1) of Council Regulation (EEC) No 834/2007;

5) has repeatedly breached the requirements of organic farming.

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(2) A product produced and labelled in a holding with regard to which a decision to approve has been revoked under clause 1 of subsection 1 of this section or expired may be distributed with a label referring to organic farming where the product has been placed on the market during the term of validity of the decision to approve the holding.

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(3) Where a decision to approve the holding of a person has been revoked based on clause 1 of subsection 1 of this section, the person may place organic products on the market where such products were labelled before the revocation of the decision to approve the holding.

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(1) A person notifies the Agriculture and Food Authority in writing of any changes relating to construction, technology or organisation of work and other restructuring that may alter the conditions that prevailed in the holding at the time of approval, and also of the suspension or termination of activities

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1) at least seven days before making the planned changes;

2) at least seven days after the occurrence of a change where the change took place regardless of the person’s intent, and indicates the circumstances of its occurrence.

(2) Upon transfer of an approved enterprise, the recipient of possession who wishes to continue operation in the area of organic farming notifies the Agriculture and Food Authority thereof in writing within 14 days after the transfer of possession.

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(3) Where possession is transferred during the period between the date of submission of the application for approval and the date of making of the decision to approve the enterprise, the recipient of possession wishing to continue operation in the area of organic farming will notify the Agriculture and Food Authority thereof in writing within 14 days after the date of transfer of possession.

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(1) The organic farming register (hereinafter register) and its statutes are established by a regulation of the minister responsible for the field.

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(2) The controller of the register is the Ministry of Rural Affairs.The processor is specified in the statutes of the register.

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(3) The purpose of the register is to keep account of persons and their holdings approved under this Act for the purpose of exercising efficient supervision over compliance with organic farming requirements.

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(3¹) The person’s name, registry code or personal identification code or, upon absence of a personal identification code, their date of birth, the place of residence or seat and the place of business, contact details, name and contact details of the person’s representative, where any, and data on the person’s holding approved on the basis of this Act are entered in the register.

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(4) [Repealed – RT I, 08.12.2020, 1 – entry into force 01.01.2021]

(5) A person concerning whom data has been entered in the register pays a state fee for supervisory acts.

(6) The Agriculture and Food Authority forwards the information specified in Article 93 of Commission Regulation (EC) No 889/2008 to the European Commission.

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The minister responsible for the field establishes the requirements for organic production, including the data to be submitted for continuation of operation and the deadline for submission of such data.

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(1) Upon preparation of organic food in mass catering operations, the requirements set out in Articles 6, 9 and 10 of Council Regulation (EC) No 834/2007 must be followed.

(2) In mass catering operations where food that contains agricultural ingredients of which at least 95 per cent are organic and complies with the requirements of Article 19 of Council Regulation (EC) No 834/2007, the information referring to organic farming can be given in the name of the food.

(3) In mass catering operations, information on the use of organic agricultural ingredients can be given as follows

1) organic agricultural ingredients are specified in the menu in the list of the ingredients of the food;

2) the organic agricultural ingredients used in all the foods of the menu are specified in the menu in a generalised manner;

3) information is given on the percentage share of organic agricultural products, which is calculated on the basis of the quantity or cost of the agricultural products that were brought to the holding in the preceding month for preparing food.

(4) Account is kept of organic agricultural products brought to the holding for preparing food.In the event of submission of information under subsection 2 and clauses 1 and 2 of subsection 3 of this section, account is kept of each food and the organic agricultural ingredients used therein.

(5) In the event of giving up the use of organic agricultural ingredients in mass catering operations, the presentation of information referring to organic farming and use of organic agricultural ingredients, including the use of a mark referring to the use of organic products, is terminated immediately and the Agriculture and Food Authority is informed thereof.

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(6) More detailed requirements for preparation of organic food and food containing organic agricultural ingredients in mass catering operations and more detailed requirements for giving information on and keeping account of organic products and organic agricultural ingredients brought to mass catering operations for the purpose of use in food are established by a regulation of the minister responsible for the field.

[RT I, 24.11.2016, 1 – entry into force 01.03.2017]

(1) The label referring to organic farming established on the basis of this Act may be used for labelling agricultural products and feed produced and prepared in conformity with the requirements for organic farming in a holding approved on the basis of this Act or in a holding that has been notified of in accordance with § 41 of this Act.

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(2) The minister responsible for the field establishes the standard description of the label referring to organic production methods and the procedure for using such label.

(1) Information specified in clause 3 of subsection 3 of § 121 of this Act is given in mass catering operations using a statement referring to the use of organic products and three different percentage ranges.To give the information, a mark with a percentage range referring to the use of organic agricultural products may be used.

(2) The percentage range indicates the share of organic agricultural products brought to the holding in the preceding month for preparing good, which is calculated on the basis of the quantity or cost of agricultural products brought to the holding in the preceding month.

(3) Information referring to the use of organic agricultural products in mass catering operations is not given and a mark is not used for making food in the same field as the name of the food in the menu or in the list of ingredients.

(4) The percentage ranges referring to the use of organic agricultural products in mass catering operations and more detailed requirements for giving information, including the standard description of the mark referring to the use of organic agricultural products and the procedure for using the mark, are established by a regulation of the minister responsible for the field.

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(1) Permitted exceptions from the requirements for operation in the field of organic farming established in Council Regulation (EC) No 843/2007 can be made with the consent of the Agriculture and Food Authority.

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(2) The consent specified in subsection 1 of this section is granted or the granting thereof is refused by the Agriculture and Food Authority within 10 working days as of the receipt of the relevant application.

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(1) The authorisation provided for in Article 45(1)(b) of Commission Regulation (EC) No 889/2008 is granted by the Agriculture and Food Authority.

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(2) The administrator of the database specified in Article 48 of Commission Regulation (EC) No 889/2008 is the Agriculture and Food Authority.

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(3) The Agriculture and Food Authority prepares a report specified in Article 55 of Commission Regulation (EC) No 889/2008 and forwards it to the European Commission, other Member States and the Ministry of Rural Affairs.

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(1) For the purposes of this Act, import of organic products means the application of the customs procedure of release for free circulation to organic products conveyed to Estonia from states and territories outside the customs territory of the European Union (hereinafter third countries).

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(2) The importer must inform the Agriculture and Food Authority of the planned import of an organic product at least 24 hours in advance.

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(3) In order to release goods from customs supervision, the importer submits to a customs official, together with the accompanying documents of a consignment, a copy of the documentary evidence specified in Article 29 of Council Regulation (EC) No 834/2007 in the event of products complying with the requirements provided for in Article 32 of Council Regulation (EC) No 834/2007.

(4) In order to release goods from customs supervision, the importer submits to a customs official, together with the accompanying documents of a consignment, a certificate of inspection approved by the Agriculture and Food Authority and specified in Article 33(1)(d) of Council Regulation (EC) No 834/2007 in the event of products complying with the requirements provided for in Article 33 of Council Regulation (EC) No 834/2007.

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(5) The Agriculture and Food Authority is the relevant authority specified in Article 2(6) of Commission Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (OJ L 334, 12.12.2008, pp 25–52).

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It is permitted to convey an organic product to Estonia from a third country via a border control post designated in accordance with the Food Act, the Feed Act, the Plant Protection Act or the Trade in, Import and Export of Animals and Animal Products Act, based on the category of animals or goods where the organic product belongs.

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An imported organic product may be subjected to official controls at a place designated in accordance with the Food Act, the Feed Act, the Plant Protection Act or the Trade in, Import and Export of Animals and Animal Products Act, based on the category of animals or goods where the organic product belongs.

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[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

(1) Regulatory enforcement over the compliance with the requirements of the relevant legislation of the European Union, this Act and legislation established on the basis of this Act is exercised by the Agriculture and Food Authority.

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(2) [Repealed – RT I, 08.12.2020, 1 – entry into force 01.01.2021]

(3) [Repealed – RT I, 08.12.2020, 1 – entry into force 01.01.2021]

(4) The code number specified in Article 4(3) of Regulation (EU) No 2017/625 of the European Parliament and of the Council is established by a regulation of the minister responsible for the field.

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(5) [Repealed – RT I, 08.12.2020, 1 – entry into force 01.01.2021]

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(1) The law enforcement authority may, for the purpose of exercising the state supervision provided for in this Act, take special measures of state supervision provided for in §§ 30, 32, 49, 50 and 51 of the Law Enforcement Act on the grounds and in accordance with the procedure provided for in the Law Enforcement Act.

(2) Where residential premises are also used as commercial premises, the law enforcement authority may inspect these during the working or opening hours without the authorisation of an administrative court specified in subsection 2 of § 51 of the Law Enforcement Act.

(3) The law enforcement authority may take samples at the expense of the person upon inspection of a movable.Where the inspected movable is no longer fit for ordinary use following the inspection, the cost of the movable or the cost of restoring the movable for ordinary use is not compensated to the person.

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[Repealed – RT I, 13.03.2014, 4 – entry into force 01.07.2014]

(1) Official controls related to organic production and labelling of organic products are organised based on a control plan prepared in accordance with Article 109 of Regulation (EU) 2017/625 of the European Parliament and of the Council.

(2) The information specified in Article 11(1) of Regulation (EU) No 2017/625 of the European Parliament and of the Council on the outcome of official controls is published on the website of the Agriculture and Food Authority.

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(3) The Agriculture and Food Authority is the authority coordinating the preparation of a multiannual national control plan specified in Article 109 of Regulation (EU) No 2017/625 of the European Parliament and of the Council. The Agriculture and Food Authority submits the multi-annual national control plan and a report on the implementation of the plan to the European Commission in accordance with Article 113 of the Regulation.

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(4) The Agriculture and Food Authority participates in the preparation of a multiannual national control plan specified in Article 109 of Regulation (EU) No 2017/625 of the European Parliament and of the Council whereby the Agriculture and Food Authority is the coordinating authority and the submitter of a report on the plan.

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(5) In organic production and labelling of organic products, the Agriculture and Food Authority is the liaison body of supervisory cooperation within the meaning of Article 103 of Regulation (EU) No 2017/625 of the European Parliament and of the Council.

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(6) Another law enforcement authority, administrative body or governmental agency notifies the Agriculture and Food Authority without delay where there is the following possible violation of the organic farming rules

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1) a violation that may pose a threat to the health of an animal or human or to the welfare of an animal or to the environment;

2) a violation that has been committed by knowingly creating a misconception of the actual circumstances.

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(1) When performing official controls and making other official operations, samples are taken on the grounds and in accordance with the procedure provided for in the Food Act, the Feed Act, the Plant Protection Act or the Veterinary Activities Organisation Act, based on the category of animals or goods where the organic product belongs.

(2) Samples taken when performing official controls and making other official operations are analysed for the purpose of making relevant analyses in accordance with the procedure provided for in the Food Act, the Feed Act, the Plant Protection Act or the Veterinary Activities Organisation Act and in a laboratory designated on the basis of these Acts, based on the category of animals or goods where the organic product belongs.

(3) The details of the laboratory that analyses samples taken in performing official controls and making other official operations are published on the website of the Agriculture and Food Authority.

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(1) The penalty for the conscious distribution with a label referring to organic farming of a product that has not been produced or prepared in accordance with the requirements of organic farming is a fine of up to 200 fine units.

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(2) The penalty for the same act committed by a legal person is a fine of up to 2000 euros.

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(1) [Repealed – RT I, 12.07.2014, 1 – entry into force 01.01.2015]

(2) The Agriculture and Food Authority is the out-of-court proceedings authority of the misdemeanours provided for in § 20 of this Act.

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[Omitted from this text.]

(1) Holdings approved on the basis of and in accordance with the procedure provided by the Organic Farming Act hitherto in force are deemed to be approved on the basis of and in accordance with the procedure provided for in this Act.

(2) The register of organic farming established based on subsection 1 of § 16 of the Organic Farming Act is deemed to be the register of organic farming specified in subsection 1 of § 11 of this Act.

(3) The holding of a person who engages in the marketing of unpackaged organic products to the final consumer must be approved by 1 September 2009.

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(4) A decision to approve issued before 1 March 2009 is valid until it is revoked or, as a result of inspection of compliance of the holding with the requirements, replaced by a decision to approve made in accordance with Article 29 of Council Regulation (EC) No 834/2007 and Annex XII to Council Regulation (EC) No 889/2008 during 2009.

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(5) As of 1 July 2013, mass catering operations approved under this Act by a decision valid on 30 June 2013 are considered mass catering operations notified of in accordance with § 41 of this Act.

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[Repealed – RT I, 30.06.2020, 7 – entry into force 01.07.2020]

[Omitted from this text.]

This Act enters into force on 1 January 2007.