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LAW OF THE REPUBLIC OF BELARUS

November 9, 2018 N 144-З

 

ON THE PRODUCTION AND CIRCULATION OF ORGANIC PRODUCTS

 

Adopted by the House of Representatives on October 2, 2018 Approved by the Council of the Republic on October 24, 2018

 

CHAPTER 1 GENERAL PROVISIONS

 

Article 1. The main terms used in this Law and their definitions

 

For the purposes of this Law, the following basic terms and their definitions are used:

circulation of organic products – storage, transportation and sale of organic products;

 

organic products – products of plant, animal and microbiological origin used for human consumption or as animal feed, food raw materials for production of food products, seeds obtained as a result of the production of organic products;

 

parallel manufacturing of products – simultaneous production of one type of organic and non-organic products by a legal entity or an individual, including an individual entrepreneur;

 

producer of organic products – a legal entity or an individual, including an individual entrepreneur, engaged in the production of organic products, having a certificate of conformity of the National Conformity Assessment System of the Republic of Belarus, issued with respect to organic products and their production processes under voluntary certification and included in the register of organic producers;

 

organic production is the activity for manufacturing, processing of organic products with compliance to the processes of organic production, established by this Law, the technical regulatory legal acts, international treaties of the Republic of Belarus, and also the international legal acts constituting the right of the Eurasian economic Union.

 

 

Article 2. Legal regulation of relations in the field of production and circulation of organic products

 

Relations in the field of production and circulation of organic products are regulated by this Law, acts of the President of the Republic of Belarus, other legislative acts, including technical normative legal acts, international treaties of the Republic of Belarus, as well as international legal acts constituting the law of the Eurasian Economic Union.

 

If the international treaty of the Republic of Belarus establishes the rules other than those provided for by this Law, the rules of the international treaty shall apply.

 

Relations arising from voluntary certification of organic products and their production processes are regulated by the legislation on the assessment of compliance with technical requirements and the accreditation of conformity assessment bodies.

 

Relations related to animal breeding in the production of organic products are regulated by the legislation in the field of veterinary activities, in the field of breeding in livestock production, unless otherwise established by the legislation in the field of production and circulation of organic products.

 

Relations related to the seed production of agricultural plants in production of organic products are regulated by the legislation on seed production, unless otherwise established by the legislation in the field of production and circulation of organic products.

 

Relations connected with the protection and use of land, water, flora and fauna, forests in the process of production of organic products are regulated by the legislation in the sphere of production and circulation of organic products in the part not regulated by the law on the protection and use of land, protection and use of waters, protection and use of wildlife, protection and use of fauna, on the use, conservation, protection and regeneration of forests

 

 

Article 3. Subjects of relations in the field of production and circulation of organic products The subjects of relations in the field of production and circulation of organic products are: the President of the Republic of Belarus;

The Council of Ministers of the Republic of Belarus;

The Ministry of Agriculture and Food of the Republic of Belarus; The Ministry of Health of the Republic of Belarus;

The State Committee for Standardization of the Republic of Belarus; local executive and administrative bodies;

the National Academy of Sciences of Belarus;

other state bodies and state organizations in accordance with their competence; legal entities and individuals, including individual entrepreneurs, engaged in

production and circulation of organic products.

 

 

Article 4. Objects of relations in the field of production and circulation of organic products

 

The objects of relations in the field of production and circulation of organic products are:

 

land plots, water objects and (or) parts thereof, where organic products are produced;

 

products of plant, animal and microbiological origin; food raw materials;

seeds;

the processes of production and circulation of organic products.

 

 

Article 5. The principles of organic production

 

Manufacturing of organic products is carried out in compliance with the following principles: voluntary choice of the direction of production;

assistance in the formation of a healthy food culture;

 

the 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.

 

 

 

CHAPTER 2

STATE REGULATION IN THE FIELD OF PRODUCTION AND CIRCULATION OF ORGANIC PRODUCTS

Article 6. State regulation in the field of production and circulation of organic products

 

State regulation in the field of production and circulation of organic products is exercised by the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the Ministry of Agriculture and Food of the Republic of Belarus, the Ministry of Health of the Republic of Belarus, the State Committee for Standardization of the Republic of Belarus, local executive and administrative bodies, the National Academy of Sciences of Belarus, other state bodies and public organizations in accordance with their competence.

 

 

Article 7. Powers of the President of the Republic of Belarus in the field of production and circulation of organic products

 

The President of the Republic of Belarus determines a single state policy in the field of production and circulation of organic products;

exercises other powers in accordance with the Constitution of the Republic of Belarus, this Law and other legislative acts.

 

 

Article 8. Powers of the Council of Ministers of the Republic of Belarus in the field of production and circulation of organic products

 

The Council of Ministers of the Republic of Belarus in the field of production and circulation of organic products:

 

ensures the implementation of a single state policy; approves state programs;

ensures the development of international cooperation;

 

exercises other powers in accordance with the Constitution of the Republic of Belarus, this Law, other laws and acts of the President of the Republic of Belarus.

 

 

Article 9. Powers of the Ministry of Agriculture and Food of the Republic of Belarus in the field of production and circulation of organic products

 

The Ministry of Agriculture and Food of the Republic of Belarus in the field of production and circulation of organic products:

 

implements a single state policy; develops state program;

participates in the development of state standards of the Republic of Belarus that establish requirements for organic products;

 

approves, enacts, modifies, and repeals technical codes of established practice that specify the requirements for organic production processes;

 

determines by agreement with the National Academy of Sciences of Belarus the lists of:

products, substances or their combinations allowed for use in plant cultivation in the production of organic products;

 

feed additives of mineral, microbiological origin, trace elements, technological feed additives allowed for feeding animals in the production of organic products;

 

substances or combinations of several substances of plant, animal and microbiological origin allowed           for use         in the production          of         organic products          and having pharmacological or biological activity, for the implementation of veterinary interventions;

 

organizes learning of the methods (ways) of production and circulation of organic products by educational institutions subordinate to the Ministry of Agriculture and Food of the Republic of Belarus;

 

engages in international cooperation;

exercises other powers in accordance with this Law and other legislative acts.

 

Article 10. Powers of the Ministry of Health of the Republic of Belarus in the field of production and circulation of organic products

 

The Ministry of Health of the Republic of Belarus in the field of production and circulation of organic products:

 

determines the food additives, flavorings and technological aids that are acceptable for use in the production of organic products;

 

exercises other powers in accordance with this Law and other legislative acts.

 

 

Article 11. Powers of the State Committee for Standardization of the Republic of Belarus in the field of production and circulation of organic products

 

The State Committee for Standardization of the Republic of Belarus in the field of production and circulation of organic products:

 

approves, enacts, changes, and cancels the state standards of the Republic of Belarus that establish requirements for organic products;

establishes the procedure for formation and maintenance of the register of producers of organic products, as well as ensures its creation and maintenance;

 

establishes the sample, the description of the “Organic Product” label, the procedure for its application and use;

exercises other powers in accordance with this Law and other legislative acts.

 

 

Article 12. Powers of the local executive and administrative bodies in the field of production and circulation of organic products

 

Local executive and administrative bodies in the field of production and circulation of organic products:

 

develop measures for the organization and development of production and circulation of organic products;

 

exercise other powers in accordance with this Law and other legislative acts.

 

 

Article 13. Powers of the National Academy of Sciences of Belarus in the field of production and circulation of organic products

 

The National Academy of Sciences of Belarus in the field of production and circulation of organic products:

 

carries out scientific and methodological development of methods (ways) for the production and circulation of organic products, taking into account the relevant methods used in the world practice;

participates in the development of technical legislative acts that establish requirements for organic products and their production processes;

 

approves the lists of:

 

products, substances or their combinations allowed for use in plant cultivation in the production of organic products;

feed additives of mineral, microbiological origin, trace elements, technological feed additives allowed for feeding animals in the production of organic products;

 

substances or combinations of several substances of plant, animal and microbiological origin allowed for use in the production of organic products and having pharmacological or biological activity, for the implementation of veterinary interventions;

 

provides consulting services on the issues related to the production and circulation of organic products;

 

exercises other powers in accordance with this Law and other legislative acts.

 

 

 

CHAPTER 3

REQUIREMENTS FOR THE PRODUCTION PROCESSES AND CIRCULATION OF ORGANIC PRODUCTS. PARALLEL MANUFACTURING OF PRODUCTS

 

Article 14. Requirements for organic production processes

 

Organic products must be separated from non-organic products at all stages of their production.

When producing organic products, it is necessary to:

 

use the agents, substances or combinations thereof, allowed for use in plant cultivation in the process of organic production in accordance with the list of drugs, substances, or combinations thereof, allowed for use in plant cultivation in the process of organic production. The list is defined by the Ministry of Agriculture and Food of the Republic of Belarus;

 

use for feeding animals the fodder, obtained by organic production, the fodder of plant and animal origin produced without the use of chemical solvents, use mineral feed additives of microbiological origin, microelements, technological feed additives included in the list of feed additives of mineral, microbiological origin, minerals, technological feed additives allowed for feeding animals in the process of production of organic products, as defined by the Ministry of Agriculture and Food of the Republic of Belarus;

 

use for the implementation of veterinary interventions the substances or combinations of several substances of plant, animal, microbiological origin with pharmacological or biological activity, in accordance with the list of substances or combinations of several substances of plant, animal, microbiological origin, with pharmacological or biological activity, for the implementation of veterinary interventions, determined by the Ministry of Agriculture and Food of the Republic of Belarus;

 

ensure the natural way of animal reproduction, as well as carry out their artificial breeding, provided that hormonal treatment or embryo transplantation is not allowed;

 

use the hives made of environmentally friendly materials and other natural materials when keeping bees;

place the hives in such a way that the honeyflow is mainly ensured from the territory in which organic products are produced;

use the seeds obtained from the production of organic products;

 

use food additives, flavorings and technological aids in the processing of organic products that are allowed for use in the production of organic products, as defined by the Ministry of Health of the Republic of Belarus.

 

When producing organic products, it is prohibited:

 

to use land plots, water objects and (or) their parts that have been contaminated with waste, chemical and radioactive substances;

 

to apply chemical fertilizers, chemical crop protection agents, and other chemically synthesized products;

 

to use genetically engineered organisms, as well as other organisms, substances and components that include genetically engineered organisms;

 

to use the substances of synthetic origin that have pharmacological or biological activity;

 

to use ionizing radiation.

 

Other requirements for the production of organic products are established by technical legislative acts, international treaties of the Republic of Belarus, as well as international legal acts that constitute the law of the Eurasian Economic Union.

 

 

Article 15. Requirements for the circulation of organic products

 

During the circulation of organic products, it is necessary to:

 

store them in conditions meant for these purposes, with assurance of the identification of such products;

 

transport them in the appropriate packaging, container and vehicle, providing conditions for the transportation of such products;

 

to sell them in compliance with the storage conditions and expiration dates determined by the manufacturer of organic products.

 

Other requirements for the circulation of organic products are established by technical legislative acts, international treaties of the Republic of Belarus, as well as international legal acts that constitute the Law of the Eurasian Economic Union.

 

 

Article 16. Parallel manufacturing of products

 

Parallel manufacturing of products is carried out under the condition of avoiding contact, mixing organic products with non-organic products.

 

 

 

CHAPTER 4

VOLUNTARY CERTIFICATION OF ORGANIC PRODUCTS AND THEIR PRODUCTION

PROCESSES. THE REGISTER OF PRODUCERS OF ORGANIC PRODUCTS. REQUIREMENTS FOR THE USE OF THE “ORGANIC PRODUCT” LABEL. FINANCING THE PRODUCTION AND CIRCULATION OF ORGANIC PRODUCTS. PUBLIC ORGANIZATIONS (COMMUNITIES), ASSOCIATIONS AND UNIONS OF PRODUCERS OF ORGANIC PRODUCTS. LIABILITY FOR VIOLATION OF THE LEGISLATION IN THE FIELD OF PRODUCTION AND CIRCULATION OF ORGANIC PRODUCTS

 

Article 17. Voluntary certification of organic products and their production processes

 

The objects of voluntary certification are                               organic             products      and their production

processes.

Voluntary certification of organic products and their production processes is carried out in accordance with the state standards of the Republic of Belarus that specify the requirements for organic production, technical codes of the established practice, specifying the requirements for the processes of organic production, in the manner prescribed by the law on conformity assessment and accreditation of the conformity assessment bodies.

 

Article 18. The register of producers of organic products

 

A legal entity or an individual, including an individual entrepreneur, who has a certificate of conformity of the National Conformity Assessment System of the Republic of Belarus, issued with respect to organic products and their production processes under voluntary certification, is included in the register of organic producers after the issuance of the certificate. At the same time, an additional appeal to state bodies or other persons is not required. The date of inclusion in the register of producers of organic products is the date of the beginning of the validity of the corresponding certificate.

 

The register of producers of organic products includes the name, the location of the legal entity, the surname, the given and patronymic name (if any), registration at the place of residence of an individual, including individual entrepreneurs engaged in the production of organic products who have the certificate of the National System of Conformity of the Republic of Belarus issued for organic products and their production processes under the voluntary certification, as well as the name of the product.

 

The information provided in the register of organic producers is published on the official website of the State Committee for Standardization of the Republic of Belarus on the global computer network Internet.

 

The procedure for creating and maintaining the register of organic producers is established by the State Committee for Standardization of the Republic of Belarus.

 

Article 19. Requirements for the use of the “Organic product” label

 

Producers of organic products have the right to put the “Organic product” label on consumer packaging, transport packaging or other type of information carrier, attaching it to consumer packaging and (or) transport packaging.

 

 

Article 20. Financing of production and circulation of organic products

 

Financing of production and circulation of organic products is carried out using the funds of the producers of organic products, as well as out of the funds of the republican and local budgets under the state programs in the field of production and circulation of organic products and out of other sources not prohibited by law.

 

 

Article 21. Public organizations (communities), associations and unions of producers of organic products

 

Producers of organic products may join together on a voluntary basis in public organizations (communities), associations and unions to meet non-material needs, coordinate their activities, and represent and protect common interests.

 

Public organizations (communities), associations and unions of producers of organic products have the right to establish the requirements for their members, which are additional to those provided for by this Law, technical legislative acts, international treaties of the Republic of Belarus, as well as international legal acts constituting the Law of the Eurasian Economic Union for organic products, their production processes, the circulation of organic products and the use of the “Organic Product” label.

 

Article 22. Liability for violation of the legislation in the field of production and circulation of organic products

 

Violation of the legislation in the field of production and circulation of organic products entails responsibility in accordance with the legislative acts.

Article 23 entered into force after its official publication (the third paragraph of Article 24 of this document).

 

CHAPTER 5 FINAL PROVISIONS

 

Article 23. Measures to implement the provisions of this Law

 

The Council of Ministers of the Republic of Belarus must during the year:

 

Article 24 entered into force after its official publication.

ensure that legislative acts are brought into compliance with this Law; take other measures to implement the provisions of this Law.

 

 

Article 24. This Law’s entry into force

 

This Law shall enter into force in the following order:

 

Articles 1-22 – one year after the official publication of this Law; other provisions – after the official publication of this Law.

President of the Republic of Belarus

A. Lukashenko