Regulation No. 108 of the Minister of Agriculture validating the Requirements for Production and Manufacture of Agricultural Produce and Products Labelled or Intended to be Labelled with Reference to Organic Production Methods

Requirements for Production and Manufacture of Agricultural Produce and Products Labelled or Intended to be Labelled with Reference to Organic Production Methods Regulation No. 108 of the Minister of Agriculture of 8 December 2006 The Regulation is established on the basis of § 12 of the Organic Farming Act. Chapter 1 General Provisions § 1. Scope of application This Regulation establishes the requirements for the production and manufacture of agricultural produce and products labelled or intended to be labelled with a reference to organic production methods (hereinafter labelled produce and products), including the information to be submitted in order to continue organic farming activities and the due date for submission of such information. § 2. Keeping of records (1) The records prescribed by this Regulation shall be kept on paper or by electronic means. In the latter case, making of printouts of the kept records must be possible. An entry concerning data must be made within three days after the date of performance of an act. (2) The data and documents necessary for keeping records shall be stored at least for a period of three years after the date of collection thereof, unless otherwise provided by other legislation. Chapter 2 Requirements for Organic Plant Production § 3. Keeping of records upon engagement in organic plant production (1) In addition to the field record specified in the Regulation No. 36 of the Minister of Agriculture of 9 April 2003 "Format of Field Record and Procedure for Keeping Field Records", an enterprise engaging in organic plant production shall keep separate records concerning organic plant production and non-organic plant production. (2) In order to keep the records specified in subsection (1) of this section, the following data and documents shall be collected and stored: 1) data on the quantity, producer and distributor of the produce and products, including seeds, plant propagation materials, fertilisers, plant protection products and other such which are brought into the enterprise; 2) data on the use of the produce and products specified in clause (1); 3) data on the quantity of the produce and products, including seeds, plant propagation materials, fertilisers and other such which are produced in the enterprise or distributed from the enterprise as well as concerning the recipient of the produce and products and the date of distribution thereof. § 4. Information to be submitted for continuation of organic plant production (1) In order to continue its activities, a person engaged in organic plant production shall submit the following data and documents to the Plant Production Inspectorate by 27 May of the year of continuing the activities: 1) a map of the enterprise's agricultural parcels and where necessary, also an ortophoto printout which sets out all the agricultural parcels, including the agricultural parcels used for non-organic agriculture and the agricultural parcels in which organic plant production is planned to be started, the areas of fields with the accuracy of at least 0.1 hectares, the numbers of agricultural parcels and each field or part of a field together with its number; 2) crop rotation plan; 3) plant production plan which contains, as a minimum, data concerning the agricultural parcels, fields (number, area), grown plants and their precultures, the yield of the precultures grown on the land which underwent the conversion period during the preceding year and the areas under pasturing; 4) data on other changes planned in the enterprise. (2) The data and documents specified in clauses (1) 1) and 2) need not be submitted if the person provides written confirmation that, compared to the preceding year, no changes have taken place. (3) A person engaged only in the organic production of mushrooms or greenhouse species need not submit the data and documents specified in clauses (1) 1) and 2). (4) The crop rotation plan specified in clause (1) 2) need not be prepared: 1) concerning grasslands of at least five years or intended for at least five years; 2) natural grasslands; 3) land used for growing fruit and berry species, or medicinal plants and herbs; 4) land used for the production of hayseed; 5) for fields with an area below 0.30 hectares; 6) maintenance of land under cultivation which is not overgrown and is temporarily not used for agricultural purposes. (5) A person who continues gathering plants or mushrooms from an area not used for agricultural purposes related to organic plant production shall submit the Plant Production Inspectorate the following data and documents by 27 May of the year of continuing the activities: 1) an ortophoto printout on a scale of at least 1:10 000 or other maps which set out the boundaries and area of the territories used for gathering plants and mushrooms as well as the territories on which the gathering of plants or mushrooms is planned together with the areas and boundaries thereof; 2) a list of species of plants and mushrooms gathered, and data on the quantities gathered during the preceding year, and the time of gathering; 3) for a protected area, permission by the manager of the area for gathering plants or mushrooms from the protected area; 4) data on other changes planned in the enterprise. (6) The documents specified in clauses (5) 1) and 3) need not be submitted if the person provides written confirmation that, compared to the preceding year, no changes have taken place. § 5. Beginning of conversion period to organic plant production (1) The conversion period for land, the use for organic plant production by an enterprise commences before 27 May, shall start on the date of submission of the documents of the year of submission of the documents. The conversion period for land, the use for organic plant production by an enterprise commences after 27 May, shall start one year after the date of submission of the documents specified in subsection 4 (1). (2) If a substance not specified in Annex 2 to Council Regulation No 2092/91/EEC has been used, a supervisory agency may require the commencement of a new conversion period beginning from the date specified in subsection (1) on a field where such substance was used. (3) An application for the authorisation specified in paragraph 1.2 of division A of Annex 1 to Council Regulation No 2092/91/EEC shall be appended to the application for approval of an enterprise or shall be submitted, years following approval, by 27 May whereas it is prohibited to cultivate any lands concerning which the applicant wishes earlier periods to be deemed to be a part of the conversion period until an on-site inspection has been carried out. Chapter 3 Requirements for Organic Livestock Production § 6. Organic livestock production (1) Persons engaged in the organic production of the animals specified in Division B of Annex 1 to Council Regulation 2092/91/EEC, rabbits or nutrias (hereinafter organic livestock production) shall comply, in addition to the requirements of organic livestock production, also with the requirements of organic plant production. (2) Animals belonging to an enterprise engaged in organic livestock production may be pastured according to migratory herding patterns in semi-natural biotic communities such as islets, small islands, national parks and other such areas where, during the past three years, substances not specified in Annex 2 to Council Regulation 2092/91/EEC have been used. § 7. Keeping of records upon engagement in organic livestock production (1) An enterprise engaged in organic livestock production shall maintain separate records concerning organic livestock production and non-organic livestock production. (2) In order to keep the records specified in subsection (1) of this section, the following data and documents shall be collected and stored: 1) information concerning the quantity, production date, place of production, producer and distributor of any produce and products, including feedingstuffs, veterinary medicinal products, cleaning products or disinfectants brought into the enterprise and, for animals, also their number, species, breed, sex, age and markings, and duration of the conversion period; 2) information concerning the type, quantity and date of production of any produce and products, including feedingstuffs, manure and other such produced by the enterprise and, for animals, also information concerning their number, species, breed, sex, age and markings, the period of the stay of animals in the exercise areas, and information concerning the weight, in the feed ration of the animals, of different feedingstuffs in dry matter; 3) information concerning the use of the produce and products specified in clauses 1) and 2); 4) information concerning the type, quantity, recipient, date and place of distribution of produce and products distributed from the enterprise and, for animals, also information concerning their species, number, age, breed, sex, live weight or deadweight, markings, and the reasons for moving an animal from herd or death of an animal; 5) information on prevention of animal disease and, in the case of veterinary treatment, the date of commencement and end of the treatment, the diagnosis, the type and name of the veterinary medicinal products used, the quantity of the veterinary medicinal products, treatment methods and data on the restricted period of distribution of the produce determined by the producer of the medicinal products, data on the species, number, breed, age and sex of the treated animals and information concerning the attending veterinarian. § 8. Information to be submitted for continuation of organic livestock production (1) In order to continue its activities, a person engaged in organic livestock production shall submit the following data and documents to the Plant Production Inspectorate by 27 May of the year of continuing the activities: 1) a description of the livestock building or construction works, including a description of the exercise area and the manner of keeping the animals; 2) the number and area of the agricultural parcels or part thereof used for grazing, also making reference to such data in the plant production plan of the enterprise; 3) where necessary, an ortophoto printout on a scale of at least 1:10 000 or other maps which set out the boundaries and area of the territories used for migratory herding of animals; 4) the number of the animals kept in the enterprise by species and age group, and information on the quantity of livestock products derived from the animals who have undergone the conversion period during the preceding year. (2) The data and documents specified in clause (1) 1) need not be submitted if the person provides written confirmation that, compared to the preceding year, no changes have taken place. § 9. Changing of the conversion period to organic livestock production In the event of the involuntary use of a substance, organism or product prohibited for use in feedingstuffs specified in paragraphs 4.17 or 4.18 of Division B of Annex 1 to Council Regulation No 2092/91/EEC, a supervisory agency may require the commencement of a new conversion period for the animal species or group in whose feed such substance, organism or product was used. § 10. Requirements for livestock construction works Exercise areas and pastures must be fenced or delimited in a manner which prevents the animals from entering the grounds which do not comply to the requirements of organic farming. § 11. Requirements for keeping rabbits and nutrias (1) The duration of the period of conversion to organic rabbit or nutria production in an approved enterprise is one month after the date of commencement of keeping of the animals in conformity to the requirements. (2) The requirements for feeding vegetarian animals provided in paragraph 4 of Division B of Annex 1 to Council Regulation 2092/91/EEC apply to the feeding of rabbits and nutrias. § 12. Requirements for keeping quails (1) Not more than 6800 quails shall be kept in one herd in a livestock building whereas the area for rearing such number of birds must be at least 400 m2. (2) Quails kept in accordance to organic rearing methods may be slaughtered only after the birds have reached 35 days of age. Chapter 4 Requirements for Organic Beekeeping § 13. Keeping of records upon engagement in organic beekeeping (1) An enterprise engaged in organic beekeeping shall maintain separate records concerning organic beekeeping and non-organic beekeeping. (2) In order to keep the records specified in subsection (1) of this section, the following data and documents shall be collected and stored: 1) information concerning the name, quantity, production date, place of production, producer and distributor of any produce and products, including feedingstuffs, veterinary medicinal products, cleaning products or disinfectants and other such substances brought into the enterprise and, for bee colonies and queen bees, also their breed, origin and date of bringing in the enterprise, and the number of bee colonies and queen bees; 2) information concerning the name, quantity and production date of the produce and products, including honey, beeswax, propolis, pollen, beebread, royal jelly and other such substances produced in the enterprise, and the gathering areas used for organic beekeeping; 3) information concerning the produce and products specified in clauses 1) and 2), and on additional feeding of bee colonies indicated separately for each bee colony, and information concerning the type and origin of the feedingstuffs, the date of feeding and amount of feedingstuffs, and the origin of the beeswax and comb foundations; 4) information on the time and place of production of the produce and products distributed from the enterprise and, for bees, also information concerning the number, breed and recipient of the queen bees and bee colonies, and the date and place of distribution; 5) information concerning the veterinary procedures carried out, specified by bee colony, such as the diagnosis, the type and name of the medicinal product used for veterinary treatment, the bee colonies which received treatment, information on the date of commencement and end of veterinary treatment, treatment methods, quantity of veterinary medicinal product used, contact details of the veterinarian and the restricted period for the sale of the product established by the producer of the medicinal product; 6) information concerning the location of bee groups and marking of hives set out on the map of the agricultural parcels of the enterprise and where necessary, also on an ortophoto printout; 7) information on removing of supers, honey extraction and storage of beekeeping products and combs. § 14. Information to be submitted for continuation of organic beekeeping (1) In order to continue its activities, a person engaged in organic beekeeping shall submit the following data and documents to the Plant Production Inspectorate by 27 May of the year of continuing the activities: 1) a map of agricultural parcels which sets out the location of bee groups and gathering areas and, where necessary, also an ortophoto printout; 2) a description of the buildings and construction works needed for keeping the bee colonies; 3) information on the number of bee colonies kept in the enterprise and the quantity of beekeeping products produced during the previous year. (2) The data and documents specified in clauses (1) 1) and 2) need not be submitted if the person provided written confirmation that, compared to the preceding year, no changes have taken place. Chapter 5 Requirements for Manufacture of Labelled Produce and Products and for Production of Feedingstuffs § 15. Keeping of records in enterprises engaged in manufacture of labelled produce and products (1) An enterprise engaged in the manufacture of labelled produce and products shall maintain separate records concerning the manufacture of organic and non-organic produce and products. (2) In order to keep the records specified in subsection (1) of this section, the following data and documents shall be collected and stored: 1) information concerning the name, quantity, date of bringing in the enterprise, place of production, producer, distributor and carrier of the organic and non-organic ingredients brought into the enterprise and of the ingredients and excipients specified in Annex 6 to Council Regulation 2092/91/EEC and, for animals, information on the age, number, deadweight, markings thereof, and duration of the conversion period together with proof that the ingredients and excipients brought into the enterprise comply with the requirements provided by Council Regulation 2092/91/EEC; 2) information on the use of the ingredients and other such specified in clause 1); 3) information concerning the name or type, quantity, composition and date of manufacture of the produce and products manufactured in the enterprise; 4) information concerning the name or type, quantity, composition, lot number, recipient and date of distribution of the agricultural produce and products distributed from the enterprise. § 16. Information to be submitted for continuation of manufacture of labelled produce and products A person engaged in the manufacture of labelled produce and products shall submit the Veterinary and Food Board, by 10 April of the year of continuation of activities, information concerning the volume of the product groups and products manufactured in the enterprise during the preceding financial year according to organic production methods, the product groups intended to be manufactured according to organic production methods and the estimated volume of production during the current financial year. § 17. Keeping of record upon engaging in production of labelled feedingstuffs (1) An enterprise which engages in the production of feedingstuffs labelled or intended to be labelled with a reference to organic production methods (hereinafter labelled feedingstuffs) shall keep separate records concerning the production of organic and non-organic feedingstuffs. (2) In order to keep the records specified in subsection (1) of this section, the following data and documents shall be collected and stored: 1) information concerning the name or type, quantity, date of bringing in the enterprise, place of production, producer, distributor and carrier of the organic and non-organic ingredients brought into the enterprise and of the products specified in Divisions C and D of Annex 2 to Council Regulation 2092/91/EEC together with proof that the ingredients and other products brought into the enterprise comply with the requirements provided by Council Regulation 2092/91/EEC; 2) information on the use of the ingredients and other such specified in clause (1); 3) information concerning the name or type, quantity, composition and date of manufacture of the feedingstuffs manufactured in the enterprise; 4) information concerning the name or type, quantity, composition, lot number, recipient and date of distribution of feedingstuffs distributed from the enterprise. § 18. Information to be submitted for continuation of production of labelled feedingstuffs A person engaged in the manufacture of labelled feedingstuffs shall submit to the Plant Production Inspectorate, by 27 May of the year of continuation of activities, information concerning the volume of the product groups and products produced in the enterprise during the preceding financial year according to organic production methods, the product groups intended to be produced according to organic production methods and the estimated volume of production during the current financial year. Chapter 6 Implementing Provisions § 19. Entry into force of Regulation This Regulation enters into force on 1 January 2007.