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Verkhovna Rada has adopted law No. 5448-d “On basic principles and requirements for the production, turnover, and labeling of organic products” in the second reading and in general. 237 people's deputies voted “for.” The document was presented by the deputy head of the agrarian committee, the People's Deputy from Bloc of Petro Poroshenko Olexandr Bakumenko.
"The certification of the production process (not the final product) is envisaged, and it fully complies with the EU legislation. This approach guarantees consumer’s confidence in products labeled as organic. We have suggested an effective mechanism for exercising control in the sphere of organic production, turnover, and labeling of organic products," Bakumenko stressed.
He noted that the bill provides significant fines for violations. It establishes rules for the production of organic products, such as plants, animals, mushrooms, aquacultures and algae, feed, foodstuff. The law is not applicable to the products for own consumption, cosmetics, and medicines, as well as hunting and fishing products from the natural environment.
The producers are obliged to declare all their actions in relation to organic products, to divide the manufacture of organic and inorganic products, and to pass certification annually. The law establishes the basic rules for the production of organic products, but the Cabinet will approve them in more detail.
The manufacturer should use mainly renewable resources, safe technologies, and water of high quality. Food additives are allowed only according to the list and within the established limits. It is forbidden to use gene modifications, synthetic substances (in particular pesticides), tranquilizers and methods of electrostimulation of the animals.
The poultry cannot be kept in cages. Instead, the poultry should have access to a stream, pond, lake or pool. The bee queens cannot have wings cut.
It is planned to create three state registries - manufacturers of products (operators), certification bodies in the field of organic production, as well as organic seeds and planting material.
According to the law, the products must comply with the established norms if there is a mark "organic", "biodynamic", "ecological", "organic" and any derived words with prefixes "bio", "eco" and etc. in any language.
The state regulation of organic production, turnover, and labeling of products were entrusted to the Cabinet, the Ministry of Agrarian Policy, and the State Service of Ukraine on food safety and consumer protection. In particular, the profile ministry should approve the state logo for organic products. Conditions and terms of the transition period and parallel production of organic and inorganic products are provided.
The law prescribed penalties for violations. If the manufacturer did not correct violations concerning production, turnover, and labeling of organic products in time, the fine is 1,1 thousand USD for legal entities and 0,7 thousand USD for a self-employed person. If the manufacturer lied about the products or untimely provided information, he faces a fine of 0,7 thousand USD for legal entities and 0,4 thousand USD for individual entrepreneurs. Marking products as organic without a proper certificate can cause a fine of 1,1 thousand USD for legal entities and 0,7 thousand USD for a self-employed person.
In case of violations, certification bodies will also be held responsible. If they did not comply with the requirements for violations of the law, a fine would be 1,1 thousand USD. If they violate this law and issue a certificate wrongly – the fine would be 2,3 thousand USD; systematic violation of the order of certification means 3,4 thousand USD fine.
In the event that a person responsible for labeling products as organic has introduced non-certified goods into circulation, a fine of 1,1 thousand USD is provided for legal entities and 0,7 thousand USD for a self-employed person.
The law will enter into force on the next day after its official publication and will operate in a year.
