These Regulations establish the UK’s legal framework forenforcing EU standards specifically Council Regulation (EC) No 834/2007 and its implementingregulations for organic production, labelling, and control. They ensure thatorganic products marketed in Great Britain meet consistent, verified standards.
Requirements
· Certification & Inspection: Anyoneproducing, processing, or packing organic products must be inspected andcertified by an approved control body overseen by DEFRA.
· Use of the “Organic” Label: The term “organic”may only appear on products that adhere to regulated production standards No GMOs or irradiation, strict ingredient control, and clear labelling.
· Traceability & Record Keeping: Operatorsmust maintain records demonstrating traceability from goods in, goods out,supplier certificates, to pest control and staff training logs.
· Import Controls: For organic goods entering from non-EU countries, importers must comply with third‑country rules (includingCertificates of Inspection) under Commission Regulation (EC) No 1235/2008.
Who Must Comply?
These Regulations apply to anyone in Great Britainengaged in the organic products supply chain, including producers, processors,packers, and importers. They govern how organic claims are made, ensuringtransparency and consumer trust
Traceability Records
· Goods in/out logs
· Stock records and inventories
· Supplier organic certificates
· Sales and delivery documentation
Operational Procedures
· Cleaning and pest control records
· Storage and separation of organic vs non-organicproducts
· Labelling and identification of organic goods
Staff Training Records
· Evidence of staff training in organic handlingand procedures
Complaints Log
· Record of customer complaints and correctiveactions taken
Inspection Access
· All records must be accessible to authorisedofficers upon request
· Records can be seized or copied for enforcementif necessary
The Organic Products (Amendment) (EU Exit) Regulations 2019 amended The Organic Products Regulations 2009 No. 842 to ensure that the legislation remained operable and effective following the United Kingdom’s exit from the European Union. These amendments addressed references to EU institutions and legal frameworks, adapting them to the new UK context.
The Organic Products (Amendment) Regulations 2015 introduced updates to improve the clarity and enforcement of organic product standards, reflecting changes in EU regulations and enhancing provisions related to control and certification processes.
The Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020 further revised the original 2009 regulations to align with post-Brexit legal requirements. These amendments clarified roles for UK authorities and updated procedures for production and control of organic products in the UK market.
The Organic Products (Amendment) Regulations 2010 updated the 2009 Regulations by refining definitions and procedural aspects, improving compliance and control mechanisms to ensure consistency with EU organic standards at that time.
The Organic Products (Amendment) Regulations 2015 provided additional refinements to the regulatory framework, enhancing the system of inspections and controls and ensuring better alignment with evolving EU organic regulations.
The Treaty of Lisbon (Changes in Terminology) Order 2011 amended the 2009 Regulations by updating terminology and references in line with changes introduced by the Treaty of Lisbon, ensuring consistency with EU legal language and institutional names.
The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 amended the 2009 Regulations to accommodate new trade arrangements between Great Britain and Northern Ireland. These amendments included provisions affecting public health, marketing, and organic product standards to align with the framework’s objectives.
Direct-to-Consumer Sales
· Businesses selling organic products directly tothe final consumer (e.g. farm shops, market stalls) are exempt fromregistration if they don’t produce, prepare, import, or store the productsbeyond the point of sale.
Retailer-Owned Storage
· Storage facilities controlled by retailers areexempt from needing separate certification (e.g. in-store stockrooms).
Pre-Packaged Goods
· Selling pre-packaged organic products to finalconsumers (including online sales) does not require certification for theseller.
Transport of Packaged Products
· Transporters handling sealed, pre-packagedorganic goods are generally exempt from organic certification.
Transit Operations
· Ports, airports, or logistics hubs handlingorganic goods in transit only (not processing or repacking) may also be exempt.
The Criminal Justice Act 1925 was amended by The Organic Products Regulations 2009 No. 842 to include specific provisions related to offences concerning organic products, enhancing enforcement powers and penalties for non-compliance within the organic sector.
The Criminal Justice Act (Northern Ireland) 1945 was similarly updated to incorporate enforcement measures related to organic products, ensuring consistent legal mechanisms in Northern Ireland for dealing with breaches of organic product regulations.
The Magistrates' Courts Act 1980 was amended to enable magistrates’ courts to hear cases involving offences under The Organic Products Regulations 2009, facilitating the prosecution and judicial handling of organic product-related matters.
The Magistrates' Courts (Northern Ireland) Order 1981 was revised in a comparable manner to allow magistrates’ courts in Northern Ireland jurisdiction over offences arising from breaches of the Organic Products Regulations.
The Criminal Procedure (Scotland) Act 1995 was amended to accommodate the prosecution of offences under The Organic Products Regulations 2009 within the Scottish criminal justice system, aligning procedural aspects with the enforcement of organic standards.
The Organic Products (Imports from Third Countries) Regulations 2003 were superseded and updated by The Organic Products Regulations 2009 No. 842, which consolidated and expanded rules governing the import of organic products into the UK from non-EU countries.
The Organic Products Regulations 2004 were largely replaced by the 2009 Regulations, which introduced a more comprehensive framework for organic product standards, control, and certification across the UK.
The Environmental Stewardship (England) and Organic Products (Amendment) Regulations 2006 were amended to integrate provisions relating to organic product standards within broader environmental stewardship schemes, with the 2009 Regulations further refining and centralising these requirements.
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