The Organic Farming Regulations, 2004

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,574, 30 ta’ April, 2004

L.N. 237 of 2004

PRODUCT SAFETY ACT, 2001

(ACT NO. V OF 2001)

The Organic Farming Regulations, 2004

IN exercise of the powers conferred by article 39 of the Product

Safety Act, the Minister for Competitiveness and Communications

has, with the concurrence of the Minister for Rural Affairs and the

Environment, made the following regulations:-

(1) The title of these regulations is the Organic Farming Short title and

commencement.

Regulations, 2004.

(2)

These regulations shall come into force on the 1st

May, 2004.

These regulations concern the measures to be taken to Scope.

control the organic production of agricultural products and

indications referring thereto on agricultural products and foodstuffs.

In these regulations, unless the context otherwise requires: Interpretation.

(a) words and phrases used shall have the same meaning

as is assigned to them in Article 4 of Council Regulation (EEC)

No 2092/91 on organic production of agricultural products and

indications referring thereto on agricultural products and

foodstuffs;

(b) “ the Council Regulation ” means Council Regulation

(EEC) 2092/91.

(1) The Agricultural Services and Rural Development Designation of the

Competent

Division within the Ministry responsible for agriculture is hereby Authority.

designated as

(a) the authority responsible for the receipt of

notifications under Article 8(1) of the Council Regulation and

making available to interested parties the updated list referred

to in Article 8(3) of that Regulation;

(b) the inspection authority responsible for the operation

of the inspection system referred to in Article 9(1) of the Council

Regulation;

(c) the authority responsible for the approval and

supervision of inspection bodies, in accordance with Articles

9(4) to (9), (11) and (12) and 10(3) of the Council Regulation,

and

(d) the competent authority for the purposes of Articles

9(9)(b), 10(3)(b) and 11(6) of the Council Regulation.

For the purposes of Article 5(1)(d), (3)(g), (5)(e) and (5a)(h)

of the Council Regulation, the operator in question shall include on

the labelling a reference to the code number of the inspection

authority or body to which he is subject, and, in the case of

unprocessed local organic products, a personal reference identifying

the original producer.

(1) Inspection Bodies operating in Malta shall be

approved by the Competent Authority. All approved Inspection

Bodies shall be listed, provided that the Competent Authority may,

in accordance with the Council Regulation, suspend or withdraw

approval of any Inspection Body.

(2) The Inspection Body is obliged to keep a register of

organically certified producers and producers in conversion to

organic, in accordance with the Council Regulation, and inform the

Competent Authority on progress of each producer on a biennial

basis. Registration shall be compulsory for all producers of such

products.

(3) The Inspection body cannot promote or merchandise,

or be involved in any way in selling organic products.

(4) Officials duly authorized by the Inspection Body shall

be permitted free and unhindered access to all production sites,

including private dwellings where such production may be carried

out, for the purpose of inspection.

(5) The Inspection Body shall remove from the register

any person who repeatedly refuses to cooperate with the Authority

during the inspection process, or who is not producing the product

in question in accordance with the specifications.

(1) Producers intending to start organic production are Control

Producers.

obliged to notify the commencement of their activities by applying

for certification with a locally authorized Inspection Body and attach

a copy of the application to the Competent Authority. Such

notification shall include the following

(a) name and address of operator;

(b) location of premises and, where appropriate, parcels

(land register data) where operations are carried out;

(c) nature of operations and products;

(d) undertaking by the operator to carry out the operations

in accordance with Articles 5,6,7 and/or 11 of the Council

Regulation;

(e) in the case of an agricultural holding, the date on which

the producer ceased to apply products the use of which is not

compatible with Articles 6(1)(6) and 7 of the Council Regulation

on the parcels concerned.

(2) Only producers who have been certified by an

Inspection Body approved by the Competent Authority can use the

European Community Logo.

(3) Operators that import organic products from Third

Countries should notify their intent of doing so to the Agricultural

Services and Rural Development Division within the Ministry

responsible for agriculture. A copy of the notification should be sent

to the Inspection Body certifying the product that is being imported.

(4) All operators listed as organic producers shall be subject

to periodic and random inspection at intervals which shall be

determined by the Inspection Body, taking into account the nature

of the product, its seasonality, the likelihood of deviation from the

product specification, the potential risk to human health which may

be posed by poor agricultural and hygienic practices, the reputation

of the product and the number and distribution of producers.

In the case of infringements of these regulations and the Infringements and

penalties.

Community Regulation, there shall be applied the provisions of

article 32 of the Product Safety Act, 2001.

Act V of 2001.

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