The Organic Products Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Organic Products Regulations 1992 (as amended), which originally applied throughout the United Kingdom but immediately before the coming into force of these Regulations applied only to Scotland and Northern Ireland; the Organic Products Regulations 2001, which applied to England; and the Organic Products (Wales) Regulations 2002.

The Regulations provide for the continued administration, execution and enforcement of Council Regulation (EEC) No. 2092/91, as amended, (OJ No. L 198, 22.7.91, p. 1) (“the Council Regulation”) on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs and of the Commission Regulations supplementing that Regulation.

In particular, each local authority remains responsible for enforcing within its area the requirement relating to the labelling of organic products referred to in regulation 4 and the provisions of the Council Regulation specified in column 1 of Schedule 2, as read with—

(a) any supplementary provisions listed in column 2 of that Schedule;

(b) Article 3 of Council Regulation (EEC) No. 1804/1999 (OJ No. L 222, 24.8.99, p. 1) supplementing Council Regulation (EEC) No. 2092/91 to include livestock production); and

(c) any additional provisions thereto contained in the livestock standards set out in the Compendium of UK Organic Standards, May 2004 Edition (regulation 2(1) and 10(1)).

The Compendium of UK Organic Standards (which has replaced the United Kingdom Register of Organic Food Standards referred to in the previous Regulations), is published by the Department for Environment, Food and Rural Affairs and a copy can be inspected, during normal office hours, at Ergon House (Organic Farming and Industrial Crops Division), Horseferry Road, London SW1P 2AL (telephone [phone]; fax number 020 7238 6148; email [e-mail]; website www.defra.gov.uk/farm/organic).

The principal changes made by these Regulations are that the Secretary of State may charge a fee in respect of the reasonable expenses incurred by her in—

(a) issuing or renewing (pursuant to Article 5(3)(b) and (5a)(b) of the Council Regulation) an authorisation for an ingredient of agricultural origin not obtained by organic production to be included in an organic product (regulation 7(1));

(b) issuing, varying or renewing (pursuant to Article 11(6) of the Council Regulation) an authorisation to market products imported from a third country that is not included on the list referred to in that Regulation (regulation 7(2)); and

(c) considering an application by a private inspection body for approval under Article 9 of the Council Regulation and carrying out any further inspections after such a body has been approved (regulation 9(1) and (2)).

In addition, the Regulations designate the Soil Association Limited as manager of the computerised database, established under Article 6(1) of Commission Regulation (EC) No. 1452/2003 (OJ No. L 206, 15.8.2003, p.17) listing varieties of seed and potatoes obtained by organic production which are available in the United Kingdom (regulation 5). The Regulations require the Soil Association Limited to charge a fee in respect of any expenses reasonably incurred by it in registering and maintaining information in the database (regulation 6(1)) and designate the Secretary of State as the authority responsible for approving the level of fees imposed for this purpose (regulation 3(1)(c)(ii)).

The European Standard referred to in regulation 9(1)(b) is published by, and a copy is available from, the British Standards Institute of 389 Chiswick High Road, London W4 4AL (telephone [phone]).

A Regulatory Impact Assessment relating to ingredient derogations and import authorisations has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Department for Environment, Food and Rural Affairs (Organic Farming Branch), Ergon House, Horseferry Road, London SW1 2AL (telephone [phone]; fax number 020 7238 6148; email: organic.imports @defra.gsi.gov.uk).

A full Regulatory Impact Assessment has not been prepared in respect of registration onto the seeds database because registration is optional for businesses, nor has such an assessment been prepared in respect of the remaining matters referred to in the Regulations as they have no impact on the cost of business.