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Foodlaw-Reading
Dr David Jukes, The University of
Reading, UK
Providng access to food law since May 1996 |
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Last updated:18 January, 2023
Organic Food
Providing access to the EU and UK legislation
On this page:
- Summary - Brief details of the chronology of developments linked to this topic
- EU Legislation - Listing of Regulations covering the topic
- UK Legislation - Listing of Regulations covering the topic
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Summary
The first EU-wide controls establishing a framework of rules and procedures for the recognition of foods as 'organic' were adopted in 1992 by Regulation 2092/91. In the following years, this was subject to nearly 50 amendments. One amendment, adopted in December 1999 (Regulation 331/2000) introduced an EU logo for use on qualifying products. The framework controls were finally replaced by an updated regulation adopted in 2007 - Regulation 834/2007. This Regulation again provided for both the requirements for organic production and for the labelling of organic products. It was supported by a separate regulation providing detailed implementing rules (Regulation 889/2008). The requirements for the EU logo were contained in this implementing Regulation. Due to concerns that the logo was not distinctive (and potentially confused with those used for other quality marks), it was replaced by an updated version introduced as an amendment by Regulation 271/2010 - this is the current logo..
In addition to the main requirements, controls were developed for additional specific issues. For example, following the adoption of Regulation 2092/91, an additional regulation was adopted in 1992 (Regulation 94/92) providing detailed rules relating to organic foods imported from third countries.
These rules have also been updated and are now contained in Regulation 1235/2008.
A further updating of the controls took place in May 2018 with the adoption of a new framework regulation - Regulation 2018/848.
This was intended to come into effect on 1 January 2021 but, due to the disruption caused by the COVID-19 pandemic, has been delayed until 1 January 2022.
For the Commission's page on this topic, see: Organic Farming.
EU Law
Current Framework Regulation:
- Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L189, 20.7.2007, page 1)
Amendments:
- Council Regulation (EC) No 967/2008 of 29 September 2008 amending Regulation (EC) No 834/2007 on organic production and labelling of organic products (OJ L264, 3.10.2008, page 1)
- Council Regulation (EU) No 517/2013 of 13 May 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, company law, competition policy, agriculture, food safety, .... by reason of the accession of the Republic of Croatia (OJ L158, 10.6.2013, page 1)
Current Supporting Measures:
- Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ L250, 18.9.2008, page 1)
Note: This Regulation has been amended over 20 times. For a consolidated version, see: Commission Regulation (EC) No 889/2008 (consolidated version: January 2020). For recent amendments, see:
- Commission Implementing Regulation (EU) 2021/181 of 15 February 2021 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ L53, 16.2.2021, page 99)
- Commission Regulation (EC) No 1235/2008 of 8 December 2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (OJ L334, 12.12.2008, page 25)
See also:
- Commission Implementing Regulation (EU) 2020/977 of 7 July 2020 derogating from Regulations (EC) No 889/2008 and (EC) No 1235/2008 as regards controls on the production of organic products due to the COVID-19 pandemic (OJ L217, 8.7.2020, page 1)
Amendment:
- Commission Implementing Regulation (EU) 2021/772 of 10 May 2021 amending Implementing Regulation (EU) 2020/977 as regards the temporary measures in relation to controls on the production of organic products, in particular the period of application (OJ L165, 11.5.2021, page 28)
- Commission Implementing Regulation (EU) 2021/1325 of 10 August 2021 amending Implementing Regulation (EU) 2020/977 as regards the period of application of the temporary measures in relation to controls on the production of organic products (OJ L288, 11.8.2021, page 21)
The following were due to apply from 1 January 2021 but have been postponed to apply from 1 January 2022.
New Framework Regulation:
- Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L150, 14.6.2018, page 1)
Corrections
- Corrigendum to Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L150, 14.6.2018 ) (OJ L260, 17.10.2018, page 25) [but see Corrigendum to Regulation (EU) 2018/848 which made the first Corrigendum 'null and void']
- Corrigendum to Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L150, 14.6.2018 ) (OJ L270, 29.10.208, page 37)
- Corrigendum to Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018) (OJ L305, 26.11.2019, page 59)
- Corrigendum to Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018) (OJ L7, 11.1.2021, page 53)
- Corrigendum to Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018 ) (OJ L 321, 15.12.2022, page 72)
Amendments:
- Commission Delegated Regulation (EU) 2020/427 of 13 January 2020 amending Annex II to Regulation (EU) 2018/848 of the European Parliament and of the Council as regards certain detailed production rules for organic products (OJ L87, 23.3.2020, page 1) as amended by:
- Commission Delegated Regulation (EU) 2021/269 of 4 December 2020 amending Delegated Regulation (EU) 2020/427 as regards the date of application of the amendments to certain detailed production rules for organic products in Annex II to Regulation (EU) 2018/848 of the European Parliament and of the Council (OJ L60, 22.2.21, page 24)
- Regulation (EU) 2020/1693 of the European Parliament and of the Council of 11 November 2020 amending Regulation (EU) 2018/848 on organic production and labelling of organic products as regards its date of application and certain other dates referred to in that Regulation (OJ L381, 13.11.2020, page 1)
- Commission Delegated Regulation (EU) 2020/1794 of 16 September 2020 amending Part I of Annex II to Regulation (EU) 2018/848 of the European Parliament and of the Council as regards the use of in-conversion and non-organic plant reproductive material (OJ L 402, 1.12.2020, page 23) as corrected by:
- Commission Delegated Regulation (EU) 2021/715 of 20 January 2021 amending Regulation (EU) 2018/848 of the European Parliament and of the Council as regards the requirements for groups of operators (OJ L151, 3.5.2021, page 1)
- Commission Delegated Regulation (EU) 2021/716 of 9 February 2021 amending Annex II to Regulation (EU) 2018/848 of the European Parliament and of the Council as regards organic production rules on sprouted seeds and chicory heads, on feed for certain aquaculture animals and on aquaculture parasite treatments (OJ L151, 3.5.2021, page 5)
- Commission Delegated Regulation (EU) 2021/1006 of 12 April 2021 amending Regulation (EU) 2018/848 of the European Parliament and of the Council as regards the model of the certificate attesting compliance with the rules on organic production (OJ L222, 22.6.2021, page 3)
Consolidated version:
New Supporting Measures
- Commission Implementing Regulation (EU) 2020/464 of 26 March 2020 laying down certain rules for the application of Regulation (EU) 2018/848 of the European Parliament and of the Council as regards the documents needed for the retroactive recognition of periods for the purpose of conversion, the production of organic products and information to be provided by Member States (OJ L98, 31.3.2020, page 2)
Amendment:
- Commission Implementing Regulation (EU) 2020/2042 of 11 December 2020 amending Implementing Regulation (EU) 2020/464 as regards its date of application and certain other dates that are relevant for the application of Regulation (EU) 2018/848 of the European Parliament and of the Council on organic production (OJ L420, 14.12.2020, page 9)
- Commission Delegated Regulation (EU) 2020/2146 of 24 September 2020 supplementing Regulation (EU) 2018/848 of the European Parliament and of the Council as regards exceptional production rules in organic production (OJ L428, 18.12.2020, page 5)
- Commission Implementing Regulation (EU) 2021/279 of 22 February 2021 laying down detailed rules for the implementation of Regulation (EU) 2018/848 of the European Parliament and of the Council on controls and other measures ensuring traceability and compliance in organic production and the labelling of organic products (OJ L62, 23.2.2021, page 6)
- Commission Delegated Regulation (EU) 2021/771 of 21 January 2021 supplementing Regulation (EU) 2018/848 of the European Parliament and of the Council by laying down specific criteria and conditions for the checks of documentary accounts in the framework of official controls in organic production and the official controls of groups of operators (OJ L165, 11.5.2021, page 25)
- Commission Implementing Regulation (EU) 2021/1165 of 15 July 2021 authorising certain products and substances for use in organic production and establishing their lists (OJ L253, 16.7.2021, page 13)
Amendment
- Commission Implementing Regulation (EU) 2023/121 of 17 January 2023 amending and correcting Implementing Regulation (EU) 2021/1165 authorising certain products and substances for use in organic production and establishing their lists (OJ L 16, 18.1.2023, page 24)
- Commission Implementing Regulation (EU) 2021/2325 of 16 December 2021 establishing, pursuant to Regulation (EU) 2018/848 of the European Parliament and of the Council, the list of third countries and the list of control authorities and control bodies that have been recognised under Article 33(2) and (3) of Council Regulation (EC) No 834/2007 for the purpose of importing organic products into the Union (OJ L465, 29.12.2021, page 8)
- Corrigendum to Commission Implementing Regulation (EU) 2021/2325 of 16 December 2021 establishing, pursuant to Regulation (EU) 2018/848 of the European Parliament and of the Council, the list of third countries and the list of control authorities and control bodies that have been recognised under Article 33(2) and (3) of Council Regulation (EC) No 834/2007 for the purpose of importing organic products into the Union (OJ L 465, 29.12.2021)(OJ L 35, 17.2.2022, page 23)
- Corrigendum to Commission Implementing Regulation (EU) 2021/2325 of 16 December 2021 establishing, pursuant to Regulation (EU) 2018/848 of the European Parliament and of the Council, the list of third countries and the list of control authorities and control bodies that have been recognised under Article 33(2) and (3) of Council Regulation (EC) No 834/2007 for the purpose of importing organic products into the Union (OJ L 465, 29.12.2021) (OJ L 156, 9.6.2022, page 161)
- Commission Implementing Regulation (EU) 2022/2047 of 24 October 2022 correcting Implementing Regulation (EU) 2021/2325 as regards the recognition of certain control authorities and control bodies for the purpose of importing organic products into the Union (OJ L 275, 25.10.2022, page 57)
Amendment:
- Commission Implementing Regulation (EU) 2022/2049 of 24 October 2022 amending Implementing Regulation (EU) 2021/2325 as regards the recognition of certain control authorities and control bodies for the purpose of importing organic products into the Union (OJ L 275, 25.10.2022, page 64)
UK Legislation
Brexit: Prior to the IP Completion Day (31 December 2020), the legal requirements given in the EU Regulations listed above still applied to the UK. Since IP Completion Day, the EU Regulations above have been incorporated into UK legislation but with amendments to correct deficiencies. Information on this is given below. For more details of the process of incorporating EU legislation into UK law, see the separate page: UK Food Law: EU Legislation as Amended for the UK. Provisions for the enforcement of the controls (originally the EU Regulations but now as amended) have been provided in the UK Regulations listed below. For Northern Ireland, EU rules still apply.
Guidance (provided by Department for Environment, Food & Rural Affairs):
EU Legislation with links to legislation.gov.uk: amended for application in Great Britain:
- Council Regulation (EC) No 834/2007 on organic production and labelling of organic products as amended by:
- Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (SI 2019, No. 692)
- Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (SI 2019, No. 693) as amended by:
- Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020 (SI 2020, No. 1400)
- Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (SI 2019, No. 831)
- Organic Production (Organic Indications) (Amendment) (EU Exit) Regulations 2020 (SI 2020, No. 1669)
- Commission Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products ... as amended by:
- Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (SI 2019, No. 692)
- Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (SI 2019, No. 693) as amended by:
- Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020 (SI 2020, No. 1400)
- Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020 (SI 2020, No. 1400)
- Commission Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries as amended by:
- Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (SI 2019, No. 692)
Enforcement
The enforcement of the controls was originally provided by a sinlge regulation for the whole of the United Kingdom but, as part of the EU Single Market, separate rules have been introduced for Northern Ireland:
This page was first provided on 14 February 2021
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