Organic Products

Following the numerous malfunctions reported, especially in the market, regarding procurement and, in particular, the labeling of organic and organic products, the Government adopted the Decision establishing the necessary measures and sanctions in order to comply with the provisions under Regulation (EC) 834 / 2007 on organic production and labeling of organic products, hoping, in this way, to put, to some extent, order.

Production, labeling and control

According to the text of the law, the Decision provides for production and labeling measures, but also control rules, as well as a new scale of sanctions, much increased compared to the current ones. Thus, emphasis is placed on formal control action taken to ensure compliance with feed and food law and animal health and animal welfare rules.

This decision creates the institutional framework for the establishment of contraventions and the application of sanctions in the sector of organic agriculture, taking into account the provisions of Regulation (EC) no. Council Regulation (EEC) No 834/2007 on organic production and labeling of organic products, and repealing Regulation (EEC) No. 2092/91, with subsequent amendments and completions.

Contraventions and offenses

The following acts constitute contraventions, if they were not committed in such conditions that, according to the criminal law, they are considered crimes:

Green marketing

a) fraudulent use of the terms “ecological”, “biological”, “organic” or their abbreviations, such as “bio”, “eco”, as trademarks or practices for use in the production, processing, packaging, transport, storage and the distribution of products, including on the product label, advertising materials and commercial documents, which may mislead the consumer and which are not obtained in accordance with the rules of organic production;

b) non-compliance by operators with the rules on the production, processing, packaging, transport, storage, distribution and import from third countries of organic products, provided for in the national and European Union legislation in force;

c) lack of operator documents, including records of productions, transactions and stocks of organic products, which can identify the traceability of the product in all stages of production, processing and distribution;

d ) the refusal of the operator to allow the access of the inspectors appointed by the Ministry of Agriculture and Rural Development, inside the unit, as well as the refusal to present the documents and records provided at let. (c).

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