CHAPTER I

 

Art.1- (1) The organic production, within the meaning of the present ordinance, represents the agri-foodstuffs without using fertilizers, pesticides, hormones, anabolisants, antibiotics for a stimulating purpose and other harmful conventional products according to the organic production rules laid down in the present ordinance ,which observe the national standards, guidebooks and tender books and are certified by a certification body established for this purpose. The organisms genetically modified and their by-products are not allowed in the organic production.

2) The organic production aims at accomplishing some sustainable , diversified agricultural systems balanced in protecting the environment, profitable and provides for the consumers natural foodstuffs.

Art.2- 1) The present ordinance applies to the agri-foodstuffs obtained by organic production methods and labelled in a way to inform the purchaser that the product and/or, where necessary, the product ingredients have been obtained according to these methods namely:

a)      unprocessed vegetal products as raw material, animals and unprocessed animal products.

b)      Vegetal and animal origin products processed and intended for human consumption prepared of one or more ingredients and /or animal origin.

c)      Feeding stuffs, compound feeding stuffs, raw materials which are not covered by letter a).

2) For enforcing the provisions of the present ordinance the National Authority for Organic Agriculture hereafter called NAOA acting as a specialized service within the MAF which ensures the observance of the specific legal provisions and the control on organic production methods of the agri-foodstuffs.

3)      For accomplishing the objective,NAOA has the following main tasks:

a)      draws up the “ the National Program on organic agriculture”.

b)      Initiates through the MAF drafts of normative acts on organic agriculture.

c)      Issues and revises periodically the framework TORs for the products of art.2, indent 1,letter a),b),c) approved by the order of MAF minister.

d)      Draws up rules and norms of control, certification and marketing of organic products according to the regulations of the international bodies in the field where Romania is part of.

e)      Records daily the agents as physical and legal persons who produce , prepares or imports /exports agri-foodstuffs according to the present ordinance.

f)        Authorizes the physical and legal persons of the private and public sector for performing the inspection and quality tests for organic production.

g)      Controls and supervises the activity of the accredited inspection and certification bodies.

h)      Approves the inspection and certification Program proposed by the accredited bodies.

i)        Withdraws the authorization of the inspection and certification bodies which do not comply with the norms of the present ordinance and the regulations adopted on its grounds.

j)        Ensures the link to the specialized international bodies in the field of organic agriculture .

k)      Organizes training programs for the agents of the organic agriculture.

4. The MAF is authorized to adopt regulations harmonized with the Community organic norms and standards.

 

CHAPTER II

 

Art.3 (1)- The specialized terms used in the present ordinance and in the regulations adopted on its grounds, are defined as follows:

a) Production: the necessary actions carried out in a unit / agricultural or food farmhouse with a view to obtaining organic agri-foodstuffs.

b) Preparation:all the preservation and/or processing operations of the agricultural products including livestock slaughtering and cutting , packaging and/or modifications made on the labels of presenting the organic production method of fresh ,preserved and/or processed products.

c) Labeling: particulars, indications, trade mark or brand name, images on package, document , inscription, ring or collar which accompany the products covered by art.2, indent 1), letters a),b),c).

d)      Operator- any physical or legal person who produces, prepares, imports, exports and/or puts on the market organic agri –foodstuffs.

e)      Marketing: - storage or display for selling, offer for sale, delivery or other ways of putting on the market of the organic products.

f)        Ingredients: any substance or material which is an accessory in a foodstuff composition for offering certain qualities.

g)      Products for plant protection: any substance which ensures, in a chemical combination or any other mixture, and it is used for plant protection as there is defined in the Government Ordinance no.4/95 on ‘ manufacturing, marketing and using the phytosanitary products for controlling the pest and herb diseases in agriculture and forestry.

h)      Livestock production: the production of domestic and aquatic animals bred in fresh or salt waters excepting wild animals.

i)        Organisms genetically modified and their by-products: organisms obtained by techniques through which the genetic material has been modified in an unnatural way by reproduction/recombination excepting those obtained by conjugation, transduction and hybridization .

j)        Cleaning agents- detergents :substances and preparations which are used in the washing operations.

k)      Organic production farm/unit: a unit and/or farm which observes the rules of this ordinance.

l)        Raw material: vegetal or animal origin products in a natural, fresh, preserved state or the by-products as well as the organic and inorganic substances which contain or not additives used in animal food.

m)    Compound feeding stuffs: mixtures of fodder raw material containing or not additives intended for animal foddering.

n)      Additives: substances or preparations which are part of the feeding stuffs.

o)      Feeding stuffs or fodders organically produced: products obtained according to the production rules laid down in art.4.

p)      Feeding stuffs or fodders in processing:products which observe the production rules laid down in art.4 excepting the conversion period.

r)       Feeding stuffs or conventional fodders : products which are not part of the categories mentioned in letters o) and p).

s)       The National Authority of Organic Products: the national authority which establishes the norms and standards of production, processing and marketing the organic agri-foodstuffs.

t)       Certification:the procedure through which the accredited inspection bodies provide for a written guarantee that the organic agri-foodstuffs or their control systems are in conformity with the organic agriculture methods.

u)      Inspection and certification body:any private or state physical or legal person authorized /accredited by the MAF through NAOA- responsible for checking   that a product sold or labelled as organic is obtained, prepared, labelled, handled , marketed and imported according to the rules of this ordinance.

v)      Official accreditation : the procedure by which NAOA admits the competence of an inspection and/or certification body which provides for inspection and certification services.

w)    Products for veterinary medicine:any substance or product authorized used for preventing or controlling the animal diseases according to the provisions of the sanitary Law no.60/74 republished with the subsequent modifications.

 

CHAPTER III

Art. 4. (1) – The organic production methods used in obtaining the products mentioned in art.2, indent 1), letters a), b), c) must:

a)      observe the organic production principles and where necessary the detailed rules referring to these.

b)      Not use as fertilizers and soil conditioners the pesticides , fodders, food additives, ingredients for food preparing , the substances used in animal feeding, aid substances for fodder preparing, products for cleaning and disinfecting the animal shelters and other products than those products allowed to be used in organic agriculture.

c)      Use seeds or planting vegetal material obtained by organic production methods.

Art. 5. (1) The basic principles of the organic agri-food production are the following:

-         To remove of any polluting technology

-         To achieve the production structures and crop rotations, where the varieties, species with high adaptability have the main role;

-         To continuously support and improve the natural soil productiveness;

-          To integrate the animal breeding within the plant and plant products production system;

-         to economically use the conventional energetic resources and to replace them mostly by a rational use of the reusable by-products;

-          to implement technologies for plant cropping and animal breeding, so that to meet the requirements for species and varieties.

(2) The conversion of the conventional production to the organic production shall take into account the achievement of a sustainable agro-system. The entire unit, farm or a farm lot, including animal breeding shall be converted according to the national and international organic standards in certain period.

(3) The length of the conversion period shall be:

-         2 years for the annual field crops;

-         3 years for the perennial crops and plantations;

-         2 years for the meadows and feed crops;

-         12 months for beef cattle;

-         6 months for small ruminants and swine;

-         12 weeks for dairy animals;

-         10 weeks for egg or meat poultry, purchased at 3 days.

-         1 year for bees if the colony has been purchased from the conventional apiary

(4) By the approval of the NAOA, the inspection and certification bodies may, under particular cases, extend or reduce the length of the conversion period.

(5) The detailed rules on the organic production principles for plants and plant products, livestock and animal products, beekeeping and beekeeping products as well as the list of the products permitted for use in organic farming, ingredients and processing methods that may be used in the foodstuffs preparation shall be approved by the methodological norms enforcing this Urgency Ordinance.

(6) For setting-up the production rules stipulated in this Urgency Ordinance, the compliance with the organic agri-food production principles covered by the Council Regulation (EEC) no. 2092/91 of 24^th of June 1991 and by its amendments, the Council Regulation (EC) no. 1804/1999 of 19^th of July 1999 as well as the regulations of the International Federation of the Movements for Organic Agriculture (IFOAM) has been taken into account. 

 

 

CHAPTER IV

Art.6 (1) The labelling of organic products is made according to the legal regulations into force. The label must indicate:

a)      the name and the address of the responsible for product producing or processing.

b)      The product denomination, including the organic production method used

c)      The name and the address of the control and certification body.

d)      Preserving conditions

e)      Minimum durability period

f)        Forbidding the storage in the same premises of the organic products together with the other products.

2) The labels will have a specific mark of the controlled organic products, recorded at the State Office for Inventions and Brands, applied or issued in the basis of the certification system indicating that the respective product complies with the organic production rules.

3) The MAF is authorized to draw up specific regulations on labelling the organic products for their harmonization to the EU regulations.

 

CHAPTER V

Art. 7- Any operator who produces, prepares or imports the products laid down in art.2, indent 1) for marketing must record this activity at the MAF- NAOA and to be subject to the control of an accredited inspection body. This notification must cover the following information:

-         The name and address of the operator

-         The location of the premises and lots where the operations take place.

-         The Nature of the operations and products

-         The operator’s commitment for carrying out operations according to the provisions of the art.4,5,6 and 9. In case of production units/ farms , the operator shall indicate the date when the producer stops applying products whose using on the respective lots does not comply with the art.4 and 5.

-         The name of the inspection body where the operator is recorded for his unit/farm inspection.

Art.8- 1) The inspection and the control of the operators who produce agri-foodstuffs according to art.2, indent 1) shall be made by the inspection bodies- physical and legal persons from the private and public sector- accredited by the MAF through NAOA.

2) The inspection requirements and the precaution measures within the inspection program as well as the accreditation terms of the inspection and certification bodies are established in the methodological norms approved by the MAF order.

3) The inspectors and the inspection and certification bodies must strictly keep the confidentiality of data, of technological methods, of prescriptions and operations carried out by the operators.

4)      The products which had been subject to the inspection System could have the mention ‘ the Ecorom organic agriculture- RO control system’ in the following conditions:

a)      They meet the requirements of art.4,5 and 6 of the present ordinance.

b)      They were subject to the inspection regulations along the cycle of production preparation and marketing. For the livestock production, the inspections will be made in all stages of production, slaughtering, cutting and until the sale to the purchaser.

c)      They were produced or prepared by the operators who were subject to the control of the accredited inspection bodies laid down in indent1).

d)      They are packaged and transported to the marketing spot in sealed packages.

e)      On the product label there shall be mentioned : the name and the trade mark of the inspection body, the name and the address of the producer or processor.

5)      It is forbidden that the label shall contain other particulars except those mentioned in the indent 4), letter a) and those provided for in art.6 of the present ordinance.

6)      The detailed rules on the inspection and certification system and the terms of accreditation of the inspection bodies shall be established by the MAF.

 

CHAPTER VI

 

Art. 9 - (1). Rules relating to the organisation of the control for the import and export of organic agri - foodstuffs shall be adopted by the Ministry of Agriculture and Food, on the proposal of N.A.O.A. with the observance of the legal legislation into force.

 

 

 

 

 

Art.10 – (1) Authorised inspection bodies shall withdraw the right of the operator not conforming to the provisions of the art. 4, 5 and 6 to apply the labels on the entire lot or on the segments of the organic products.

(a)     non- observance by the manufacturer, processor or tradesman of the contract clauses concluded with the inspection and certification bodies;

(b)   non- observance by the manufacturer, processor or tradesman of the tender books, guides and organic production standards;

(c)    marketing of products not obtained through organic production methods and not subject to the authorised inspection and certification system;

(d)   lack of the record of production, transactions and stocks of the organic products,

(e)    operator’s refusal to show the documents and records stipulated in (d), at the request of the control body appointed by the Ministry of Agriculture and Food.

(4) Contravention stipulated under art. 10(3), a)-c) are sanctioned with a 5 to 10 million lei fine.

The establishment of contravention and the application of sanctions for the non- observance of this ordinance shall be the task of the specialised staff empowered by the Ministry of Agriculture and Food.

The provisions of Law 32/1968 relating to the establishment and sanction of the contravention are applied to the contravention stipulated by this ordinance.

(5) The amount of fees will be possible to be updated through a Government Decision.

Art. 11. Within 90 days from the date of enforcement of this ordinance, the Ministry of Agriculture and Food shall subject for Government approval the Methodological Norms for its enforcement.