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COMMENTARY ON THE LAW FOR PRODUCTION
 AND CIRCULATION OF ORGANIC PRODUCTS

N.G. KULBITSKAYA, head of the legal department of the Ministry of Agriculture and Food
T.M.KARBANOVICH, deputy head of the main department of plant cultivation of the Ministry of Agriculture and Food
 The material is published on the official website of the Ministry of agriculture and food of the Republic of Belarus http://www.mshp.gov.by
Date of access November 26, 2018

Law of the Republic of Belarus “Production and circulation of organic products” of November 9, 2018 N 144-3 is published on the National Internet Portal of the Republic of Belarus on November 17, 2018, 2/2582 (hereinafter – the Law).
The law is aimed at:
 – developing the production of organic products in the Republic of Belarus and providing it to the population;
– reducing the negative impact of chemically synthesized products on the environment and human health;
– developing small and medium-sized businesses;
– increasing the export potential of agricultural products.
The purpose of the Law is to develop the production of organic products in the Republic of Belarus in order to provide the population with such products, sell them for export, as well as preserve and rationalize the use of natural resources in the production and circulation of organic products.

The main provisions of the draft Law
 define the main terms used in this Law, such as “organic products”, “production of organic products”, “circulation of organic products”, etc.
It is determined that the subject of legal regulation of the Law is the relations arising in production and circulation of organic products, which are currently not regulated by special legislative acts.
The subjects and objects of relations in the field of production and circulation of organic products are defined. It is provided that legal entities and individuals, including individual entrepreneurs, have the right to independently determine the direction of production, i.e. to produce organic products, products that are not organic, or to have parallel manufacturing.

The Law defines the principles of organic production:
 – voluntary choice of the direction of production;
 – assistance in the formation of a healthy food culture;
 – use of land plots, water objects and (or) their parts with the use of ways, methods and technologies that allow the production of organic products.
The Law defines the state bodies that carry out state regulation in the field of production and circulation of organic products and their powers.
The requirements for the processes of production and circulation of organic products have been established.

For reference only
In addition, it is determined that other requirements for the production of organic products will be established by technical regulatory legal acts, international treaties of the Republic of Belarus, as well as international legal acts that constitute the law of the Eurasian Economic Union.
Parallel manufacturing of products is carried out under the condition of avoiding contact, mixing organic products and products that are not organic.

Voluntary certification of organic products and their production processes is being introduced to prove that they are compliant with
:
– state standards of the Republic of Belarus, which establish requirements for organic products–
– technical codes of established practice, which establish requirements for production processes.

For reference only:
Work on certification will be carried out by certification bodies accredited to carry out the work in this area.
It is planned to create a register of producers of organic products, which contains information about the producers who have a corresponding certificate, as well as names of the products.
The procedure for the formation and maintenance of this register is established by the State Committee for Standardization of the Republic of Belarus.
It is determined that manufacturers who have received the certificates have the right to apply the “Organic product” label on consumer and transport packaging.
Financing of production and circulation of organic products is carried out by organic products’ producers. It is also done from the republican and local budgets under state programs in the field of production and circulation of organic products and other sources not prohibited by law.
Public organizations (communities), associations and unions of producers of organic products are provided with the right to establish additional requirements for the established practice already existing in state standards and technical codes, as well as for the use of the “Organic Product” label.
It is determined that violation of the legislation in the field of production and circulation of organic products entails liability in accordance with legislative acts.
The Law comes into force one year after its official publication.
The adoption of the Law of the Republic of Belarus “For production and circulation of organic products” will create prerequisites for further development of the market, organic products, the growth of the demand of potential consumers and the supply of organic products made by domestic producers.