Organic Products Without Intermediaries.
Royal Decree
1852/1993.
Legal rules that have governed organic farming in Spain have been the Royal Decree 759/1988, of July 15, which include food products obtained without the use of synthetic chemicals in the regime appellations of origin, generic and specific provisions contained in Law No. 25/1970 of December 2, and especially the decree of October 4, 1989, by approving the Regulations of the generic name <Agricultura Ecológica> and his Council Regulator.
Regulation (EEC) 2092/91 of 24 June 1991 on agricultural products and on agricultural products and foodstuffs, is a new regulation in this area, establishing a set of standards for the presentation, labeling, production, processing, control and import from third countries of products from organic farming.
This regulation provides that the control exercised by authorities. In your case, if deemed appropriate, they may delegate control to private entities under their express permission and supervision. The implementation of this system will enhance the development of the sector and the participation of the Autonomous Communities, some of which have already shown interest in its implementation.
All of the above suggests the enactment of this Royal Decree, which regulates the information attributed to organic products, creates a top advisory body, the <Comisión Regulatory Ecológica> Agriculture, and establishes mechanisms for the implementation of certain aspects of it Regulation. All this bearing in mind that, without prejudice to the applicability of Regulation (EEC) 2092/91, it is considered desirable to reproduce in whole or in part some aspects of it for wider dissemination and better understanding by stakeholders.
Under this agreement, with the approval of the Minister for Public Administrations, following consultations with the Autonomous Communities and the affected sectors on the proposal of Minister of Agriculture, Fisheries and Food, and after deliberation by the Council of Ministers at its meeting on October 22 1993
DECREE:
Article 1.
The rules issued by the regional governments which determine or setting requirements for products bearing relating to organic farming in the labeling, advertising or commercial products, will be ratified by the Ministry of Agriculture, Fisheries and Food, for the purposes of his defense at the national and international levels, provided they comply with the provisions of Regulation (EEC) 2092/91 of June 24, on agricultural products and on agricultural products and foodstuffs , In this Royal Decree and other applicable law.
Article 2.
Under the terms indicated in paragraph 1 of Article 1 of Regulation (EEC) 2092/91, products that are referred to in the preceding article are as follows:
a) unprocessed agricultural crop Products, as well as animals and unprocessed animal products, to the extent that, in the latter two cases, the principles of production and the specifications of control are tailored to the provisions in Annexes I and III of Regulation (EEC) 2092/91 and, failing that, the rules are established.
b) products intended for human consumption composed essentially of one or more ingredients of plant origin, as well as products for human food containing ingredients of animal origin, provided that in the latter case, they have dictated the provisions on animal production indicated in the preceding paragraph.
Article 3.
1. In accordance with the provisions of Article 2 of Regulation (EEC) 2092/91, in any case, considering whether a product carries references to organic production method where, in advertising or commercial documents, the product or its ingredients are identified with the term <ecológico>.
Also, in character with other indications that could establish autonomous communities, may also include: <obtenido without the use of chemicals síntesis>, <biológico>, <orgánico>, and their respective <biodinámico> compound nouns, as well as the words <eco> and <bio>, whether accompanied or not the product name, trademark or its ingredients.
2. The Ministry of Agriculture, Fisheries and Food adopt a logo that as a national symbol of independence and those who can establish the Autonomous Communities, will have the right to put labels on their products which have been produced or manufactured in accordance with the regulations specified in Article 1, which has been ratified by the Ministry of Agriculture, Fisheries and Food.
3. The use in other agricultural products or food names, trademarks, words and signs for his resemblance to those outlined in the previous paragraphs might be confused, though they are accompanied by expressions such as <typeName>, <estilo>, <taste > Or similar.
Article 4.
The Ministry of Agriculture, Fisheries and Food and relevant organs of the autonomous communities, within their respective jurisdictions, the defense of the indications protected and regulated by this Royal Decree.
Article 5.
For the purposes of Articles 8 and 9 of Regulation (EEC) 2092/91, corresponding to the competent organs of the autonomous communities to designate a competent authority and control authorities and, where appropriate, authorize and oversee private control.
Article 6.
The bodies of the autonomous regions reported to the Ministry of Agriculture, Fisheries and Food's relationship operators subject to control in their territory, indicating their name, address and occupation, as well as relevant authorities and designated inspection and, If applicable, the control of private entities authorized for the purpose of compiling a national list that will be available to interested individuals.
Article 7.
1. Establishing the Regulatory Commission of Organic Agriculture (CRAE) as a body under the Ministry of Agriculture, Fisheries and Food for advice on organic farming.
The CRAE will have a chairman appointed by the Minister of Agriculture, Fisheries and Food.
The autonomous regions that they deem may appoint a representative who will be integrated into the CRAE.
The CRAE will have a maximum of twenty members appointed by the president of renowned specialists in the field.
Serve as secretary, without vote, a member of the Secretariat General of Food.
2. The president, a proposal from the Commission itself, may set up working groups whose members are appointed from among recognized experts in the relevant areas.
First final provision.
Empowers the Minister of Agriculture, Fisheries and Food to issue, within the scope of its powers, the rules for the implementation and development of this Royal Decree.
Second final provision.
This provision will enter into force on the day following its publication in the Official <Boletín of Estado>.
Given in Madrid on October 22 1993.
JUAN CARLOS R. JUAN CARLOS R.
The Minister of Agriculture, Fisheries and Food,
VICENTE ALBERO SILLA
Legal analysis
PREVIOUS REFERENCES
UNDER REGULATION (EEC) 2092/91 of 24 June (Ref. 1991/80992).
IN CONNECTION with Royal Decree 759/1988, dated 15 July (Ref. 1988/18145).
QUOTE: ORDER OF OCTOBER 4, 1989 (Ref. 1989/23464).
Law 25/1970 of December 2 (Ref. 1970/01316).
REFERENCES FOLLOW
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AMENDING:
3.1, by Royal Decree 1614/2005, of December 30 (Ref. 2006/00038).
2 and 3.1, by Royal Decree 506/2001 of May 11 (Ref. 2001/09942).
DEVELOPMENT:
BY ORDER OF 14 MARCH 1995 (Ref. 1995/07251).
BY ORDER OF 28 DECEMBER 1993 (Ref. 1994/00401).
NOTES
Entry into force 27 NOVEMBER 1993.
SUBJECTS
AGRICULTURE
FOOD
REGULATORY COMMISSION OF ORGANIC FARMING
AUTONOMOUS COMMUNITIES
MINISTRY OF AGRICULTURE, FISHERIES AND FOOD
ORGANIZATION OF THE ADMINISTRATION OF STATE
Ecological Farming
