COMMENTARY TO THE LAW ON PRODUCTION
AND HANDLING OF ORGANIC PRODUCTS
N.G.KULBITSKAYA, Head of the Legal Ministry of Agriculture Management
T.M.KARBANOVICH, Deputy Chief of the Ministry of Agriculture crop management
Material published on the official website of the Ministry of Agriculture and Food of the Republic of Belarus http://www.mshp.gov.by
data access 26.11.2018
Law of the Republic of Belarus “On the production and handling of organic products” from 9 November 2018 g. N 144-3 published on the National Internet Portal of the Republic of Belarus 17.11.2018, 2/2582 (Further – Law).
The law aims to:
– the development of organic production in the Republic of Belarus and to ensure its population;
– reducing the negative impact of chemically synthesized agents on the environment and human health;
– development of small and medium-sized enterprises;
– agricultural products export capacity building.
The purpose of the Act is the development of organic production in the Republic of Belarus to ensure that the population of such products, export sales, as well as the conservation and rational use of natural resources in the production and handling of organic products.
The main provisions of the draft Law
The definitions of basic terms, used in this Act, such as “organic products”, “organic production”, “treatment of organic products” etc.
definitely, that the subject of legal regulation of the Law of the relationship, arising in organic production and handling, are currently of special legislative acts are not regulated.
Identified subjects and objects of relations in the field of production and handling of organic products. provided, that legal and natural persons, including. individual entrepreneurs, the right to determine the direction of production, ie. producing organic products, products, is not organic or run parallel production.
The Law defines the principles of organic production:
– voluntariness in choosing the direction of production;
– assist in building a culture of healthy eating;
– use of land, water bodies and (or) parts thereof using methods, methods and technologies, allowing to produce organic products.
Law, public bodies identified, carrying out state regulation in the field of production and handling of organic products and their powers.
The requirements to the processes of production and handling of organic products.
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Besides, definitely, that the other requirements for organic production processes will be established by technical normative legal acts, international treaties of the Republic of Belarus, as well as international legal acts, components of the right to the Eurasian Economic Union.
Parallel production is subject to avoid contact, Mixing organic products and products, non-organic.
Introduced voluntary certification of organic products and processes of production on
conformity:
– State standards of the Republic of Belarus, laying down the requirements for organic production;
– Technical Code of Practice, establishes requirements for manufacturing processes.
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certification work will be carried out by certification bodies, accredited to carry out work in this area.
It provides for the establishment of the register of organic producers, containing information on producers who have the appropriate certificate, as well as the name of the product.
The procedure for the formation and maintenance of the registry established by the State Committee for Standardization of Belarus.
definitely, that producers, that issued the certificate, shall have the right to put a sign “organic product” for consumer and transport packaging.
Financing of organic production and handling is carried out by means of organic producers, as well as the expense of the republican and local budgets in the framework of the implementation of government programs, in the production and handling of organic products, and other sources, not prohibited by law.
For public organizations (associations), Associations and Unions of organic producers provide for the right to establish additional requirements to already existing in the state standards and technical codes of practice, as well as to the use of the mark “organic product”.
definitely, that the violation of the legislation in the field of organic production and circulation shall entail liability in accordance with legislative acts.
This Law shall come into force one year after its official publication.
Adoption of the Law of the Republic of Belarus “On the production and handling of organic products” create preconditions for further development of the market for organic products, increased demand of potential consumers and offers organic products, produced by domestic producers.
