EU 2092/91 and USDA NOP standards: a comparison

Fabio Piccioli ICEA 1

EU 2092/91 and USDA NOP standards: a comparison


Origin of the standards in the EU

The local (regional) standards, The local (regional) standards, created by the producers created by the producers themselves.themselves.

The present standards (2092/91) The present standards (2092/91) standards come into force standards come into force in July in July 19911991..

in the US

The local (regional) standards, The local (regional) standards, created by the producers created by the producers themselves.themselves.

These stadards (NOP) come into These stadards (NOP) come into on the on the 21st of Oct. 200221st of Oct. 2002


Supervision system in the EU

The EU MinistrThe EU Ministriesies of Agricultural of Agricultural Policies Policies aarere the authority of the authority of rerefferralerral

Regions are surveying the activity Regions are surveying the activity of the Cof the Coontrol Bodiesntrol Bodies

Control Bodies are accredited Control Bodies are accredited according to ISO 65 by an EU according to ISO 65 by an EU accreditation bodyaccreditation bodyin the US

The The UUSDA is SDA is tthe authority of he authority of referralreferral

Control Bodies are accredited Control Bodies are accredited according to NOP by USDAaccording to NOP by USDA


Field of application in the EU

- CropCrop production for human and production for human and livestock consumptionlivestock consumption

- Beekeeping productsBeekeeping products

- Wild harvested plant products- Wild harvested plant products

- Livestock productsLivestock products

- HHandlingandling and labeling of all the and labeling of all the aboveabove

in the US- CropCrop production for human and production for human and livestock consumptionlivestock consumption

- Wild harvested plant products- Wild harvested plant products

- Livestock productsLivestock products

- HHandlingandling and labeling of all the and labeling of all the aboveabove

(Bee products and mushrooms still do (Bee products and mushrooms still do not have specific standards but follow not have specific standards but follow within the scope)within the scope)


Listing of inputs

2092/91

- Positive list: allowed inputs

NOP from §205.601 to §205.607-Positive list: allowed synthetic inputs-Negative list: prohibited non-synthetic inputs

STANDARDS


Fertility of the soil

2092/91Must be maintained or increased(by mean of: crop rotation, good mechanical management, use of green and animal manure, etc.)Soil-less cultivation (such as hydroponic) are forbidden

NOP §205.203

As the above

STANDARDS


Crops coversion period

Reg. 2092/91- 2 yrs since sowing for annual crops

- 3 yrs since harvest for perennial crops

STANDARDS

NOP §205.202 (b)

- 3 yrs since harvest for all crops


Buffer zones

Reg. 2092/91Not directly addressed but implied

NOP §205.202 (c)

Directly addressed and required

STANDARDS


GMOs

Reg. 2092/91

Forbidden in any form and type in crop and livestock production and in processing

NOPAs the above

STANDARDS


Composting of manure Reg. 2092/91Does not directly addresses specific requirements for compostingFactory farm manure is forbidden

NOP § 205.2 Terms defined

Directly addresses with specific requirements for composting such as time and temperaturesCompost. The product of a managed process through which microorganisms break down plant and animal materials into more available forms suitable for application to the soil. Compost must be produced through a process that combines plant and animal materials with an initial C:N ratio of between 25:1 and 40:1. Producers using an in-vessel or static aerated pile system must maintain the composting materials at a temperature between 131F and 170F for 3 days. Producers using a windrow system must maintain the composting materials at a temperature between 131 F and 170 F for 15 days, during which time, the materials must be turned a minimum of five times.

There are no source restriction on manure

STANDARDS


STANDARDS

Manure

Reg. 2092/91The manure must be organically produced or come from extensive stockfarms

-NOP § 205.203 (c)1 There are no restrictions as to the source of manure. The manure may be uncomposted if it is incorporated into the soil and does not come into direct contact with edible products.


Animal feed

Reg. 2092/91Access to pasture is complusory although not the only form of feedSome % of the feed can be non organic (max. 25% of the daily ration calculated as percentage on the dry matter)

NOP § 205.237

Access to pasture is complusory although not the only form of feed

100% organic feed is required

STANDARDS


Animal medicaments and health careReg. 2092/91No hormone use is allowed; vaccines are allowedHealth should be taken care of by preserving the well being of the animalIn case of illness non-synthetic remedies must be preferred (essential oils, homeopathic remedies, etc.)

NOP § 205.238 No hormone use is allowed; vaccines are allowed

Health should be taken care of by preserving the well being of the animalAny synthetic treatment means the loss of the organic status of the animal

STANDARDS


Animal well being

Reg. 2092/91Animals cannot be in cages or tiedThey must have enough inside and outside space available for natural movementDuring transportation and slaughtering any distress must be minimized

NOP § 205.239 Animals cannot be in cages or tiedThey must have enough inside and outside space available for natural movement

STANDARDS


HandlingReg. 2092/91There must be a separation in time or in space between the organic and the non-organic operationsContamination by non-allowed substances must be avoided troughout the production chain and storageThere is a positive list of non-organic ingredients that can be usedThe final product must have at least 70% of organic ingredients

NOP § 205.301 All the above, but the final product can include less than 70% organic ingredients

STANDARDS


STANDARDS

Exclusion from organic saleReg. 2092/91When analysis report traces of non-compliant products higher than 0,01 ppm

-NOP § 205.671 When residue testing detects prohibited substances at levels that are greater than 5 percent of the Environmental Protection Agency's tolerance for the specific residue detected.


Wine does not fall within the scope of Reg. CEE 2092/91 because wine and alcoholic beverages production is not restricted to the positive list of food additives of Annex VI of Reg. CEE 2092/91.

While waiting the coming into force of specific standards for wine making wine can be only labeled as “Made with organically grown grapes”, both in the label and in transport documents. For this reasons according to some Certification Bodies wine cannot carry the the EU logo for organic farming.

Wine Reg. 2092/91

Other important differences among the two standards:


I n a l t r a p a r t e d e l l ’ e t ic h e t t a , a l t r o c a m p o v is iv o , c o n t r o e t ic h e t t a

V i n o p r o d o t t o c o n u v e d a

A g r i c o l t u r a B i o l o g i c a

C o n t r o l l a t o d a : I s t i t u t o p e r l a C e r t i f i c a z i o n e E t i c a

e A m b i e n t a l e ( I C E A ) A u t . M i . P A : F . D . M . n ° 9 1 7 3 7 d e l

1 8 . 0 7 . 0 2 i n a p p l i c a z i o n e d e l R e g . C E E 2 0 9 2 / 9 1

I T I C A A x x x x T x x x x x x

example

Oltrepò pavese doc

Pinot grigio

Prodotto e imbottigliato daCantina Paolo Rossi Via Verdi 24 – Pavia

l.075 e altre indicazioni obbligatorie


Wine does fall within the scope of the NOP, offering more labeling categories to organic winemakers.

Sulfur dioxide is for use only in wine labeled "made with organic grapes," Provided, That, total sulfite concentration does not exceed 100 ppm.

WineNOP


example

Wine made with organic grapes and with the use of SO2


example

100% organic wine made without the use of SO2


The use of copper products as fungicides is limited

to 8 kgs/ha per yr until 31rst December 2005, and to 6 kgs/ha per yr from 1rst of January 2006.

NOPThe use of copper products as fungicides is not limited in quantity, although its stated that its use should minimize the possibility of Cu accumulation in the soil.

Copper Reg. 2092/91

Other important differences among the two standards:


NOP Documents:-M.RCNOP 01 Application Form

.The date have to be previous the date of inspection visit

-NOP Fees .The date have to be previous the date of inspection visit

-Management Plan

.The date have to be previous the date of inspection visit

.Inspector have to verify the conformity of management plan during the inspection visit

-M.RCNOP 02 Certification Questionnaire

-Draft of the label, carrying the line "Certified Organic by

ICEA" .this line should go under the name of the producers or the importer

ALL NOP DOCUMENTS HAVE TO BE SENT TO ICEA BEFORE THE NOP INSPECTION


JAS Control and Certification


Japanese Market Opportunities:

Large market: 127,214,499 (July 2003 est.) Strong purchasing power

High health awarenessJapan is the world’s largest food importer, relying on other countries for over 60 percent of its food

Definition:Organic Food = “Yuki Shohukin”


Ministry of Agriculture, Forestry and Fisheries (MAFF)

Certification bodies (RCOs)

Wholesale Organic processing Organic farming

Consumers

Retail

Registration

Certification Certification Certification


JAS Organic Rules and Regulations

JAS (Japanese Agricultural Standards) organic rules requires that since the 1st of April 2001 (term which was then postponed to 2002) products labelled as organic be certified by a Japanese (RCO Registered Certification Organisation) or Foreign (RFCO Registered Foreign Certification Organisation) certification organisation registered at the MAFF, and quote on their label the JAS logo as well as the name of the authorised certification organisation.

Only organisations that are registered at the MAFF may authorize operators to put JAS logo on the label.



JAS logo as a quality brand has been introduced to protect

Japanese consumers and market. This system has officially acknowledged the correspondence of the

European regulations, however excluding a product that is on the contrary admitted by EEC Reg. 2092/91 for the leaf treatment of the Apple tree (Annex II B of EEC Reg. 2092/91 ): calcium chloride.

The meaning of correspondence is essentially that criteria adopted for the certification of European Control Organisations, as well as reference standards for organic operators (in the sectors of production, processing and packaging) wishing to export their organic products to Japan using the JAS brand, remain the same as those adpted by the European Union under EEC Reg. 2092/91.



Rules envisaged in JAS however have a few limitations, for example they do not include alcoholic drinks and products

of animal origin, including apicultural products.

Regulations provides that only processing (labelling) and

marketing activities are controlled by a Japanese (RCO) or foreign (RFCO) Certification Organisation acknowledged

by MAFF



As of November 2003, a total of 88 registered organizations are authorized by the Minister of Agriculture, Forestry and

Fisheries to certify an agricultural product as organic produce or organic processed food. Of those 88

organizations, only 26 are foreign organizations, with four residing in Japan (they are all U.S. organizations) and 22 being located overseas (they are all Australian, European

and U.S. organizations).

In compliance with the EEC control protocol, producers or final traders must ascertain that also ingredients (provided by suppliers) and raw material (provided by contractors) are certified in compliance with Reg. 2092/91.


LABELING REQUIREMENTS

ALL ORGANIC RETAIL PRODUCTS SOLD IN JAPAN MUST CARRY THE JAS LOGO.

IF THE PRODUCTS ARE SHIPPED TO JAPAN AS RETAIL PACKAGED, THE JAS LOGO MUST APPEAR ON EACH RETAIL PACKAGED ITEM.

IF THE PRODUCT IS SHIPPED IN BULK CONTAINERS, THE JAS LOGO MUST APPEAR ON THE INVOICE OR ON BILL OF LADING.

IT IS RECOMMENDED THAT THE LOGO APPEAR BOTH ON THE BULK PRODUCTS AND THE SHIPPING DOCUMENTS. IF THE OFFICIAL SHIPPING DOCUMENT CANNOT BE ALTERED, A PAGE BEARING THE JAS SEAL CAN BE ATTACHED. THE JAS CERTIFIED REPACKER IN JAPAN WILL REPACKAGE THE PRODUCT AND PUT THE JAS SEAL ON THE NEW PACKAGING.


LABELING REQUIREMENTS

LOGO SIZE: THE INTERLOCKING CIRCLES OF THE JAS MARK MUST BE AT LEAST 5 mm HIGH (NOT INCLUDING THE TEXT UNDERNEATH THE CIRCLES). THE FORM AND PROPORTIONS OF THE JAS SEAL MAY NOT BE ALTERED.

COLOR: ANY COLOR IS PERMITTED.

NAME AND CB ID: JAS CERTIFIED OPERATORS MUST SHOW THE MAFF ACCREDITED CERTIFICATION BODY INTERNATIONAL ID FOUND IN THE UPPER LEFT HAND CORNER OF THEIR CERTIFICATE.

POSITION: THE POSITION OF THE JAS LOGO IS NOT REGULATED BY MAFF/ JAS. THE JAS SEAL MAY BE USED ALSO IN ADVERTISING. MATERIAL.


As compared to EEC Reg. 2092/91, the only differences in product labelling are the

following : In case the final product contains both organic ingredients and

ingredients in conversion, they will have to be named and specified. The EU, on the contrary, does not allow the use of raw material in conversion in the preparation of multi-ingredient products.

The JAS brand must always appear on the label. In case the product does not show the JAS brand, it will not be allowed to show captions reading: organic, organic production, totally organic, foreign organic, organic fraction x%, or any such reference to the organic production method (even if written in English).

In case the final product is not allowed to show the JAS brand, but its ingredients do, the caption allowed will read, for example: salad containing organic vegetables, or ketchup containing organic tomato.



JAS regulations require the presence in the company of two different members of staff, one acting as the Chief of production process and the other as Chief of the assessment of product conformity before sale (grading). Only in case of farms both roles may be carried out by the same member of staff.The specific task of the person in charge of grading is that of deciding which batches and lots of product actually comply to the organic method in compliance with JAS regulations and which other, for any reason, do not.The presence of such a post is moreover always desirable also in relation to compliance with EEC Reg. 2092/91 considering that, after the latest modification of Annex III indicating the minimum requirements for control, the operator is obliged to inform the Control Organisation of whatever doubt arising as to product conformity and to suspend its sale while awaiting verifications.

Management peculiarities of JAS licensee :


http://www.maff.go.jp/eindex.html

http://www.maff.go.jp/soshiki/syokuhin/hinshitu/organic/eng_yuki_top.htm

Standards and Labelling Based on the Law Concerning Standardization and Proper Labelling of Agricultural and

Forestry Products (the JAS Law)

EU 2092/91 and USDA NOP standards: a comparison

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Transcript of EU 2092/91 and USDA NOP standards: a comparison