Organic Products Regulations 1992
| Jurisdiction | UK Non-devolved |
| Citation | SI 1992/2111 |
| Year | 1992 |
1992 No. 2111
AGRICULTURECOMMON AGRICULTURAL POLICY
The Organic Products Regulations 1992
Made 2nd September 1992
Laid before Parliament 10th September 1992
Coming into force 1st October 1992
The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the common agricultural policy of the European Economic Community, acting jointly, in exercise of the powers conferred on them by the said section 2(2), and of all other powers enabling them in that behalf, hereby make the following Regulations:—
Title and commencement
1. These Regulations may be cited as the Organic Products Regulations 1992 and shall come into force on 1st October 1992.
Interpretation
2.—(1) In these Regulations, except where the context requires otherwise—
“the Council Regulation” means Council Regulation (EEC) No. 2092/913on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs;
“inspection” means a precautionary or inspection measure described in Annex III of the Council Regulation;
“inspection body”, otherwise than in the expression “private inspection body”, means a private inspection body holding a current approval from Food from Britain under Article 9 of the Council Regulation;
“local authority” means—
(a) in England and Wales, for each non-metropolitan county, metropolitan district and London borough, the council of that county, district or borough and for the City of London and the Inner Temple and the Middle Temple, the Common Council of the City of London,
(b) in Scotland, each islands or district council, and
(c) in Northern Ireland, each district council;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“notification” means a notification of the information specified in Annex IV to the Council Regulation made by an operator under Article 8.1(a) of that Regulation;
“organic products” means products referred to in Article 1.1 of the Council Regulation;
“Specified Community provision” means a provision of the Council Regulation specified in column 1, and described in column 2, of the Schedule to these Regulations.
(2) Other expressions used in these Regulations have, insofar as the context admits, the same meanings as in the Council Regulation and in these Regulations any reference to a numbered Article or Annex is a reference to the Article or Annex so numbered in the Council Regulation.
Designation of authority for the reception of notifications and operation of inspection system, and information to local authorities
3.—(1) For the purposes of Articles 8 and 9 of the Council Regulation—
(a)
(a) Food from Britain is designated as—
(i) the authority responsible for the reception of notifications under Article 8.1 and making available to interested parties the updated list referred to in Article 8.3;
(ii) the inspection authority responsible for the operation of the inspection system referred to in Article 9.1, and
(iii) the authority responsible for the approval and supervision of private inspection bodies, in accordance with Articles 9.4 to 9.7, 9.8(a) and (b), 9.9 and 10.3;
(b)
(b) the Minister is designated as the competent authority for the purposes of Articles 9.9(b) and 10.3(b).
(2) Where, following the attempted exercise of its functions under Articles 9.9 or 10.3, Food from Britain or an inspection body has reason to believe that any person is using in any local authority area any indication which Food from Britain and the inspection body are required by that Article to prevent him from using, Food from Britain or the inspection body, as appropriate, shall—
(a)
(a) notify in writing that use to the local authority of that area, and where such notification is given by a private inspection authority, it shall also notify in writing Food from Britain, and
(b)
(b) give the local authority any information which the local authority may reasonably require for the purpose of enforcement under regulation 5 in relation to the use of that indication.
Amendment of the Agricultural Marketing Act 1983
4. After section 3 of the Agricultural Marketing Act 19834there shall be inserted—
“Additional functions relating to organic production of agricultural products
3A.—(1) For the purpose of ensuring that Council Regulation (EEC) No. 2092/915(relating to organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs) is administered, executed and enforced, Food from Britain shall have the powers set out in subsection (2) below.
(2) To the extent provided by the designation of Food from Britain for the purposes of any provision of that Council Regulation, Food from Britain shall have all such functions as may be necessary or expedient for the performance of any responsibilities so designated.”.
Inspection system and information to the Minister
5.—(1) Food from Britain and each inspection body may make a charge for any inspection of an amount not exceeding the amount of the contribution to inspection expenses for which an operator is liable under Article 9.2, and any such charge payable to Food from Britain or an inspection body shall be recoverable by either Food from Britain or the inspection body as the case may be.
(2) For the purposes of Article 9.2 Food from Britain shall ensure that any operator who complies with the provisions of the Council Regulation and pays his...
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