Proposed Negative
Published: 20 November 2018
Sift end date: 05 December 2018
This instrument amends legislation relating to organic products, addressing failures of domestic legislation and other deficiencies arising from the withdrawal of the United Kingdom (“UK”) from the European Union (“EU”). The instrument does not make substantive changes to policy.
Separate instruments relating to organic products will be introduced to address failures of retained EU law to operate effectively arising from the withdrawal of the UK from the EU. Organic food has been regulated in the UK and in other EU Member States by Council Regulation (EC) No 834/2007 and Commission Regulations (EC) Nos 889/2008 and 1235/2008.
The purpose of the Regulations is to ensure consumer protection and they set out the standards that must be met in respect of organic production, processing, labelling and imports, as well as the inspection systems that must be place to ensure the standards are met in all instances where products are being marketed as organic. The Regulations apply to organic food, feed and vegetative propagating material/seeds for cultivation.
In the UK farmers, growers, food processors and importers engaged in organic production are certified by an organic Control Body. Eight organic Control Bodies are currently approved by Defra to operate in the UK.
The enforcement authorities (local trading standards authorities) enforce the organic regulations in the market place. Enforcement at UK points of entry is undertaken by Port Health Authority officers and specialist officers at airports.
The Organic Products Regulations 2009 are being amended to ensure that they operate effectively after EU exit. After exit, without amendment these regulations would not allow for enforcement and therefore the standards would not operate properly alongside the retained EU legislation.
The Organic Products Regulations 2009 were made on a UK wide basis, but Organics is a devolved matter. This instrument has been developed in collaboration with Devolved Administration officials and the corrections being made by this instrument to the Organic Products Regulations 2009 provide for a common UK approach.
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