LAW OF UKRAINE

of July 10, 2018 No. 2496-VIII

About the basic principles and requirements to organic production, turnover and marking of organic products

This Law determines the basic principles and requirements to organic production, turnover and marking of organic products, basis of legal regulation of organic production, turnover of organic products and functioning of the market of organic products, the legal basis of activities of the central executive bodies, subjects of the market of organic products and the direction of state policy in the specified spheres.

Section I General provisions

Article 1. Determination of terms

1. In this Law the stated below terms are used in such value:

withdrawal of products - the actions directed to prevention of distribution, demonstration or the offer to consumers of products which are marked as organic, but does not conform to requirements of the legislation in the sphere of organic production, turnover and marking of organic products;

the withdrawal of products - the actions directed to return of products by the operator which are sold or transferred to the consumer or which are available to the consumer and are marked as organic, but does not conform to requirements of the legislation in the sphere of organic production, turnover and marking of organic products;

hydroponic production method - method of cultivation of plants without soil in case of which their roots can be found in mineral nutritious solution or in the inert circle, such as perlite, gravel or mineral wool to which nutritious solution is added;

The state register of the operators performing production according to requirements of the legislation in the sphere of organic production, turnover and marking of organic products (further - the Register of operators), - the official list of the operators performing organic production and/or turnover of organic products according to requirements of the legislation in the sphere of organic production, turnover and marking of the organic products containing in the information database;

The state register of certification bodies in the sphere of organic production and turnover of organic products (further - the Register of certification bodies) - the official list of the certification bodies having the right to carrying out certification of organic production and/or the address of the organic products containing in the information database;

The state register of organic seeds and landing material (further - the Register of organic seeds and landing material) - the official list of organic seeds and the landing material suitable for use according to requirements of the legislation in the sphere of organic production, turnover and marking of the organic products containing in the information database;

procurement of organic objects of flora - the organic production connected with cleaning and partial conversion for dealing purposes of natural wild-growing vascular plants (including their parts and waste products), seaweed and mushrooms at all stages of development according to requirements of the legislation in the sphere of organic production, turnover and marking of organic products;

the organic production inspector and/or the address of organic products - the official of certification body which has special knowledge in the respective area of organic production and/or the address of organic products and conforms to the requirements established by this Law;

marking - information on organic products, including the state logo for organic products applied on the label, packaging, container, container, the counterlabel, kolyeretka, label, stopper, leaf insert or on other elements of packaging, the accompanying such products or refer to it according to requirements of the legislation in the sphere of organic production, turnover and marking of organic products;

inorganic products - products received as a result of inorganic production;

inorganic production - production which does not conform to requirements of the legislation in the sphere of organic production, turnover and marking of organic products;

inorganic ingredient - the substance received as a result of inorganic production, permitted to use in organic production according to requirements of the legislation in the sphere of organic production, turnover and marking of organic products;

turnover of organic products - any movements or storage of organic products for the purpose of realization, except movement or storage of the marked organic products for the purposes of realization to the final consumer;

simultaneous production - organic and inorganic production of various products by the same operator;

the operator - the legal entity or physical person entrepreneur who is engaged in production and/or turnover of products according to requirements of the legislation in the sphere of organic production, turnover and marking of organic products;

body of foreign certification - the company, organization, the organization or their separate division which has the right to carrying out certification of organic production and/or turnover of organic products according to requirements of the legislation, other, than the legislation of Ukraine, and brought in the List of bodies foreign certifications;

certification body - the company, organization, the organization or their separate division which has the right to carrying out certification of organic production and/or the address of organic products and entered in the Register of certification bodies;

organic aquaculture - the organic production connected with artificial cultivation, content and cultivation of objects of aquaculture according to requirements of the legislation in the sphere of organic production, turnover and marking of organic products;

organic products - agricultural products, including the foodstuff and forages received as a result of organic production;

organic winemaking - the organic production connected with production of wine-making products using special organizational and processing methods in winemaking;

organic production - the certified activities connected with production of agricultural products (including all stages of engineering procedure, namely primary production (including assembly), preparation, processing, mixing and procedures connected with it, filling, packaging, conversion, recovery and other changes of condition of products) which is performed with observance of requirements of the legislation in the sphere of organic production, turnover and marking of organic products;

organic seeds and landing material - the seeds and landing material multiplied according to requirements of the legislation in the sphere of organic production, turnover and marking of organic products;

organic crop production - the organic production connected with cultivation of cultural plants, and also procurement of objects of flora with observance of requirements of the legislation in the sphere of organic production, turnover and marking of organic products;

organic livestock production - the organic production connected with content, cultivation (production) of farm animals (including bird and insects) and products for product receipt of animal origin;

organic ingredient - any substance received as a result of organic production which is used during production of organic foodstuff and remains in ready-made product even in the changed form;

organic forage - any substance or product, including the additives (processed, partially processed or not processed), received as a result of organic production and intended for feeding of animals;

organic foodstuff - the foodstuff received as a result of organic production;

organic animals are the animals (including birds and insects) who are grown up as a result of organic livestock production;

parallel production - organic and inorganic production of the same product by the same operator;

transition period - the transition period from production of inorganic products to production of organic products during which the operator adheres to requirements of the legislation in the sphere of organic production, turnover and marking of organic products;

capacities - constructions or complex of constructions, rooms, buildings, the equipment and other means, including vehicles, and also the territory which is used in production and/or the address of organic products;

the certificate - documentary confirmation of conformity of organic production and/or turnover of organic products to requirements of the legislation in the sphere of organic production, turnover and marking of organic products which is issued by certification body;

certification of organic production and/or turnover of organic products - check and establishment of compliance of production and/or turnover of products to requirements of the legislation in the sphere of organic production, turnover and marking of organic products;

agricultural products - products (goods) of vegetable or animal origin falling under determination of groups 1 - 24 UKT foreign trade activities;

subjects of the market of organic products are operators and certification bodies.

2. Other terms are used in this Law in the values determined in the laws of Ukraine "About the basic principles and requirements to safety and quality of foodstuff", "About aquaculture", "About veterinary medicine", "About the state control of compliance with law about foodstuff, sterns, by-products of animal origin, health and wellbeing of animals" and other legal acts of Ukraine.

Article 2. Coverage of this Law

1. This Law governs the relations in the sphere of organic production, turnover and marking of the organic products which are in circulation which is imported on customs area of Ukraine or is exported from it in customs regime of export.

2. Operation of this Law does not extend to production and the product circulation, intended for own consumption, perfumery and cosmetic products and medicines, products of hunting and fishery, withdrawn from the environment.

Article 3. The legislation in the sphere of organic production, turnover and marking of organic products

1. The relations in the sphere of organic production, turnover and marking of organic products in Ukraine are regulated by this Law and regulatory legal acts published according to it, the legislation on safety and separate indicators of quality of foodstuff, on the state control of compliance with law on foodstuff, sterns, by-products of animal origin, health and wellbeing of animals, about quarantine of plants, protection of plants, seed farming and cultivation of seedling, about veterinary medicine, about beekeeping, about aquaculture, about wine growing and winemaking, about protection and use of plant and animal life, and also the land, forest, ecological and other special legislation governing the relations in this sphere.

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