Organic food products today: regulation, certification, and marking
Elena Nechaeva, expert
Year by year, the organic food market in Russia has been growing and evolving steadily. Starting from the entering into force of the Federal Law No. 280-FZ dated August 03, 2018 “On Organic Products and Amendments to Certain Legislative Acts of the Russian Federation” on January 01, 2020, corresponding technical regulations have been developed increasingly, with new regulations enacted and current standards amended, not to mention additional instruments for monitoring and control appearing. Analysts forecast a rapid increase in public interest in organic consumption, which means that a substantial growth in its production and marketing is already present today. It is vital for everyone involved in the organic field in any capacity to understand the current regulations for organic production, as well as what legal developments may be expected in the near future.
Background information: as of March 2023, 16 certification bodies are accredited for the Russian market by the Federal Service for Accreditation. These bodies have the right to carry out works to certify organic products and submit this information to the Unified Register of Manufacturers of Organic Products at the Ministry of Agriculture (Minselkhoz) of the Russian Federation. Since 2018, the “ROSTEST Moscow” certification body possesses an accreditation in accordance with the GOST [standard] 33980-2016 “Organic Production. Rules for Production, Processing, Labeling and Sale”.
Organic products must possess two documents certifying their conformity:
1. A mandatory proof of conformity with the safety requirements (one of the documents):
a certificate of conformity;
a certificate of state registration;
a veterinary certificate for regional or international use.
2. A voluntary certificate of organic production with an appendix specifying the organic products.
Legal and regulatory framework establishing organic production in the Russian Federation
In order for a product to be called organic, it must meet particular requirements. These rules apply throughout the civilized world, in all countries where there is a product conformity assessment with established requirements.
In the Russian Federation, the following laws and regulations establish the legal and regulatory framework for organic production:
· Federal Law No. 280-FZ “On Organic Products and Amendments to Certain Legislative Acts of the Russian Federation” dated August 03, 2018 (hereinafter referred to as 280-FZ); entered into force on January 01, 2020;
· GOST 33980-2016 “Organic Production. Rules for Production, Processing, Labeling and Sale”;
· GOST R [standard] 57022-2016 “Organic Products. The Procedure of Voluntary Certification of Organic Production”;
· GOST R [standard] 56104-2014 “Organic Foods. Terms and definitions”;
· GOST R [standard] 59425-2021 “Organic Products Made from Wild-harvested Raw Materials. Rules of Collection, Procurement, Processing, Storage, Transporting, and Marking”.
Article 4 of the Federal Law “On Organic Products and Amendments to Certain Legislative Acts of the Russian Federation” stipulates the mandatory application of standards active in the Russian Federation during the manufacturing of organic products.
In accordance with 280-FZ, GOST 33980-2016 and GOST R 57022-2016, organic products are defined as organic food products (plant-based, animal-origin, microbially-derived), apicultural and aquaculture products, fresh or processed; as well as organic animal feed. Perfumery and cosmetic products, pharmaceuticals, forest plant seeds, and hunting and fishing products are not subject to these regulatory documents.
Organic products are products derived from a certified organic production facility, meaning that the products themselves are not subject to certification, but the production process is. Therefore, all products named organic must possess an organic production certificate.
The law stipulates the voluntary nature of organic production certification; however, at the same time it requires a mandatory confirmation of the assertion that the products are organic. A voluntary certification of organic products does not substitute a mandatory assessment of its conformity with safety requirements set out by the laws and regulations at the EEU level, or by national legislation.
If organic products are food products, they are subject to a mandatory conformity assessment with the requirements of the applicable technical regulations of the Customs Union (CU) or the EEU. Organic animal feed is subject to a mandatory assessment in accordance with the Decree of the Government of the Russian Federation No. 2425 dated December 23, 2021 “On establishing a consolidated list of products subject to mandatory certification and a consolidated list of products subject to declaring conformity; [on] amending the Decree of the Government of the Russian Federation No. 2467 dated December 31, 2020 and repealing certain acts of the Government of the Russian Federation”.
Undergoing a certification of organic production: the procedure
Any certification body in the Russian Federation working in the field of voluntary certification of organic production must be accredited through the Federal Service for Accreditation. This means that the scope of accreditation for the accreditation body should include national, intergovernmental, and international standards for organic production that are currently active in the Russian Federation.
The procedure for performing a voluntary certification of organic production is specified in the GOST R [standard] 57022-2016 “Organic Products. The Procedure of Voluntary Certification of Organic Production”.
Generally, the certification procedure includes the following:
1. Choosing a certification body by the applicant and submitting an application.
2. Registering the application by the certification body and analyzing the feasibility of performing the certification.
3. Two-step initial certification of the organic production:
preliminary (long-distance) assessment, inspection, and evaluation of the production at the applicant’s site.
4. Surveillance within the term of validity of the certificate.
The certificate is issued for the term of three years. A recertification is not foreseen by the current edition of the standard.
The certification of organic production is performed to assess conformity with the requirements of GOST 33980-2016 “Organic Production. Rules for Production, Processing, Labeling and Sale”. This standard has been developed using the recommendations of the Codex Alimentarius CAC/GL 32-1999 and harmonized with the Council of Europe (EC) Regulation No 834/2007 dated June 28, 2007, the European Commission Regulation (EC) No. 889/2008 dated September 05, 2008 (these regulatory documents regulate organic farming in the European Union), and basic IFOAM standards.
GOST 33980-2016 details the general principles of organic production, as well as specific rules depending on the branch. Examples of such rules include a prohibition of hydroponics, a prohibition of ionizing radiation, absence of GMO in the organic product, a prohibition of pesticide use and the use of plant protection agents and fertilizers not included in the list of allowed for use, a prohibition of using nanomaterials in organic production, including packaging and surfaces contacting with the product.
In addition, the standard regulates the timeframe for the transition to organic production, the procedure for harvesting, transporting and storing the products, and the rules for marking and conformity assessment. The standard applies for Russian and overseas products labeled as organic.
It should be mentioned that the work on harmonizing current standards with international requirements continues. The first amendment to the standard, introducing significant clarifications and additions to its previous edition, came into force on June 01, 2022. We expect the amendment package No. 2 to GOST 33980-2016 to be signed into law until the end of 2023, which proposes allowing a limited use of sulphur (sulfur) dioxide in grape wine production with the purpose of protecting the qualitative and consumer properties of the product. Thus, many international organic certification systems, for instance EU Organic Bio (European Union), BIOGRO (New Zealand), Australian Certified Organic (Australia) allow the addition of sulphur dioxide for the production of organic wine. It protects the product from premature deterioration and acts as an alternative to pasteurization, during which the wine is heated up to a particular temperature but loses its aroma and flavor.
Please note that GOST 33980-2016 does not apply for products obtained as a result of harvesting and/or processing wild plants, fruits, berries, and mushrooms. The requirements for this type of products are set out in the GOST R [standard] 59425-2021 “Organic Products Made from Wild-harvested Raw Materials. Rules of Collection, Procurement, Processing, Storage, Transporting, and Marking”.
General rules for the production of organic food products:
• The production processes and raw materials should be separate for organic and regular products; this concerns both time and space.
• Organic raw materials – at least 95%; water and salt shall not be included in the calculation of %.
• Untreated products containing a variety of different ingredients – 100% of organic components.
• No substances may be present in the product that imitate its properties lost during processing.
• The use of food additives, technological processing aids, flavoring agents, water, salt, microorganism and enzyme preparations, minerals, microelements, vitamins, amino acids, and other micronutrients [is permitted] strictly in accordance with GOST 33980-2016.
• Biological, mechanical, and physical methods should be used predominantly for organic food production.
The Unified State Register of Manufacturers of Organic Products
After the certification of an organic production has been completed successfully, the certification body needs to submit this information to the Unified State Register of Manufacturers of Organic Products. The procedure for managing the register and providing information from it is established by the Order of the Ministry of Agriculture of the Russian Federation No. 633 dated November 19, 2019. The following data is entered into the register: information on the manufacturer of organic products, on the types of organic products manufactured by them and other information established by Article 6 of the Federal Law No. 280-FZ dated August 03, 2018. Since September 1, 2023, the register is available for overseas manufacturers of organic products if their production has passed the conformity assessment with the GOST 33980-2016 requirements.
Organic product marking
In accordance with 280-FZ, once organic production certification has been completed, a manufacturer may mark their product as organic by using a corresponding inscription in combination with the unified sign of organic production.
Requirements concerning product marking are detailed in GOST 33980-2016, as well as in GOST R 57022, and 280-FZ. A manufacturer may mark their product with the unified sign of organic production only after the information on the successful completion of organic production certification has been entered into the Unified State Register of Manufacturers of Organic Products at the Ministry of Agriculture of the Russian Federation.
The inscriptions used for marking may contain the word “organic”, as well as abbreviations or derivatives thereof, separately or in combination with the name of the organic product.
The marking of products manufactured organically must contain the following information:
· name and location of the manufacturer of the organic product, or the name, surname and location of the individual entrepreneur [who is] the manufacturer of the organic product;
· name of the certification body that establishes the conformity of the product to the requirements of the present standard.
If a product contains a variety of different ingredients, all of them must be specified on the label whether or not they are organic.
Organic or untreated products containing a variety of different ingredients (for example, fruit baskets) may be marked as organic only if all of their components are organic.
For products manufactured at a farming facility that is transitioning to organic production, the marking must be clearly different from the marking of organic products.
Only one plant ingredient may be marked as “produced during the transition period”.
The form and procedure for using the unified sign of organic production are established by the Order of the Ministry of Agriculture of the Russian Federation No. 634 dated November 19, 2019. The sign is a white leaf set against a green background with the inscription “ORGANIC” [Translator’s Note: in Cyrillic script] above the leaf and the inscription ORGANIC below the leaf. The QR code is placed directly under the image. This code is formed in the Unified State Register of Manufacturers of Organic Products after information on the certificate [of conformity] has been submitted to it. By scanning the QR code with their mobile phone, the consumer can receive information about the manufacturer and the product.
If the sign blends with the color of the surface onto which it is being applied, it is permissible to use the black and white variant of the image.
[Translator’s Note: the Cyrillic text underneath the sign reads in English:
“Place the two-dimensional QR-code here” ]
The placing of the sign of organic production is determined by the manufacturer independently. Components of the sign may not be applied separately. The Circe font is used to create the text of the graphic image (sign). The free field around the graphic image (sign) should be at least 0.1 of the height of the graphic image (sign).
In accordance with GOST R 57022-2016, the certificate holder obtains the right to use the unified graphic image (sign) of organic production starting from the day of entering the information on the manufacturer of organic products and the types of organic products manufactured by them into the Unified State Register of Manufacturers of Organic Products, for the term not exceeding the term of validity of the conformity certificate for the organic production. This means that the conformity sign may not be used after the conformity certificate has been suspended or cancelled, or after it has expired. The conformity sign may only be used on the packaging of products specified within the scope of certification; this is a list of products manufactured by a certified production and is reflected in the appendix to the certificate, being an integral part thereof.
In addition, if we talk about marking requirements for food products, we need to remember that in accordance with Clause 2, Article 4.10 of the Technical Regulations 022/2011 “Food products in terms of their labeling” (TR TS 022/2011), the information on identifying characteristics of food products must be confirmed through evidence formed by a party that made this statement in the marking of the food products independently or obtained it with third-party assistance.
Russian products may be labeled as “eco”, “natural”, “environmentally sound”, “farm produce”; as of today, these are not legally binding terms. To regulate these notions, the Federal Law No. 367-FZ dated July 24, 2023 “On the Amendment to Article 7 of the Federal Law "On Organic Products and Amendments to Certain Legislative Acts of the Russian Federation" ” was adopted. The amendments will enter into force on September 01, 2024, meaning that a conformity assessment of organic production will now be required even when the words “eco-friendly” and “biodynamic”, their abbreviations, derivatives and other synonymous words, and abbreviations “eco-” and “bio-” are used, separately or in combination with a name of an organic product.
Thus, we expect forthcoming legislative amendments regulating organic products with regard to new terminology and conformity assessment procedures for these products.
Summary
It needs to be understood that when you release organic products into circulation, the voluntary conformity assessment loses its voluntary status. Legislative acts and other laws and regulations make it mandatory for every organic market participant to adhere to established requirements.
Here, as in the rest of the civilized world, conformity assessment is performed by a third party – a certification body that possesses a level of competence confirmed by the state. The collaboration scheme “manufacturer – certification body – the state” is the most reliable recipe to attain highest product quality, and, what is more, assure the consumer that the products on their table are indeed organic.
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Organic product marking |
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95%-100% organic ingredients (by weight) |
organic |
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70%-95% organic ingredients (by weight) |
produced with the use of organic ingredients |
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less than 70% organic ingredients (by weight) |
particular ingredients specified in the list of ingredients |
References
- Federal Law No. 280-FZ “On Organic Products and Amendments to Certain Legislative Acts of the Russian Federation” dated August 03, 2018; entered into force on January 01, 2020.
- Federal Law No. 367-FZ dated July 24, 2023 “On the Amendment to Article 7 of the Federal Law "On Organic Products and Amendments to Certain Legislative Acts of the Russian Federation" ”.
- Decree of the Government of the Russian Federation No. 1788-r “Development Strategy for Organic Production in the Russian Federation until 2030” dated July 04, 2023.
- GOST [standard] 33980-2016 “Organic Production. Rules for Production, Processing, Labeling and Sale”.
- GOST R [standard] 57022-2016 “Organic Products. The Procedure of Voluntary Certification of Organic Production”.
- GOST R [standard] 56104-2014 “Organic Foods. Terms and definitions”.
- GOST R [standard] 59425-2021 “Organic Products Made from Wild-harvested Raw Materials. Rules of Collection, Procurement, Processing, Storage, Transporting, and Marking”.
- Order of the Ministry of Agriculture of the Russian Federation No. 634 “Concerning the approval of the form and procedure for using the uniform graphic image (sign) for organic products” dated November 19, 2019.
- Order of the Ministry of Agriculture of the Russian Federation No. 633 dated November 19, 2019 “Concerning the approval of the procedure for managing the Unified State Register of Manufacturers of Organic Products, including the procedure for the provision by the certification bodies of the information outlined in Section 3, Article 6 of the Federal Law "On Organic Products and Amendments to Certain Legislative Acts of the Russian Federation", as well as including the procedure for the provision of information on the presence or absence of information about the manufacturers of organic products in the Unified State Register of Manufacturers of Organic Products”.