Mahepõllumajanduse seadus (MPõS)

§ 1. Scope of application of Act

(1) This Act provides for the requirements for operating in the area of organic farming to the extent not regulated by the regulations of the European Union, as well as for the grounds and extent of supervision exercised over persons operating in the area of organic farming, and for the liability for violation of the requirements established by such legislation.

(2) The provisions of the Administrative Procedure Act apply to the administrative proceedings laid down in the legislation of the European Union and in this Act, taking account of the specifications of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official operations performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 07.04.2017, pp 1–142), other legislation of the European Union and this Act.

(3) The minister in charge of the policy sector may establish, within the limits of their competence, legislation for implementation of the requirements for organic farming in matters where, in accordance with the legislation of the European Union, a Member State has the right to make decisions.

§ 2. Notification of implementation of requirements for organic farming

(1) In the events provided for in the legislation of the European Union, the Ministry of Regional Affairs and Agriculture forwards information concerning the implementation of the requirements for organic farming to the European Commission and other Member States, unless otherwise provided by this Act.

(2) For the purposes of this Act, ‘requirements for organic farming’ means the requirements provided by Regulation (EU) 2018/848 of the European Parliament and of the Council on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.06.2018, pp 1–92), other Regulations of the European Union regulating the area of organic farming, and this Act and legislation established on the basis thereof.

§ 3. Person operating in area of organic farming

For the purposes of this Act, ‘person operating in the area of organic farming’ (hereinafter person) means a person specified in Article 3(13) of Regulation (EU) 2018/848 of the European Parliament and of the Council.

§ 4. Delivery of decisions

Where a decision made on the basis of this Act is delivered by post, it may be delivered by unregistered post, registered post or registered post with advice of delivery.

§ 4¹. Notification about mass catering operations

(1) A person who wishes to engage in the preparation and placing on the market of organic food or food containing organic agricultural ingredients by way of mass catering operations submits to the Agriculture and Food Board before the commencement of operations respective information along with a notice of economic activities or authorisation application to be submitted for the purpose of handling food by way of mass catering operations.

(2) A person who has submitted a notice of economic activities for the purpose of handling food by way of mass catering operations under the Food Act or who holds authorisation submits the information specified in subsection 1 of this section to the Agriculture and Food Board before commencing the operations specified in subsection 1.

(3) A person who terminates the preparation and placing on the market of organic food or food containing organic ingredients by way of mass catering operations submits the respective information to the Agriculture and Food Board within 30 working days as of the termination.

(4) The information specified in this section is entered in the register of organic farming established on the basis of subsection 1 of § 11 of this Act.

§ 4². Notification of holding

(1) Before the commencement of operations, a person specified in Article 35(8) of Regulation (EU) 2018/848 of the European Parliament and of the Council submits to the Agriculture and Food Board respective information along with the following details:

1) the person’s name, registry code or personal identification code or, where the person does not have a personal identification code, the date of birth;

2) details of the person’s place of residence or seat and contact details;

3) where the person has a representative, the name and contact details of the representative.

(2) A person specified in subsection 1 of this section who terminates operations in the field of organic farming submits to the Agriculture and Food Board respective information within 30 working days after the termination of the operations.

(3) The information specified in this section is entered in the register of organic farming established on the basis of subsection 1 of § 11 of this Act.

§ 5. Approval of holding

(1) The holding of a person specified in Article 34(1) of Regulation (EU) 2018/848 of the European Parliament and of the Council or a part of such holding (hereinafter holding) must be approved on the basis of this Act.

(2) The holding of a person specified in Article 35(8) of Regulation (EU) 2018/848 of the European Parliament and of the Council does not need to be approved, provided that it meets the requirements provided in the Article.

(3) For the purposes of this Act, ‘approval’ means a procedure in the course of which the Agriculture and Food Board assesses the conformity of an enterprise with the requirements for organic farming.

§ 6. Application for first approval

A person submits an application for first approval of a holding (hereinafter application) to the Agriculture and Food Board and pays a state fee at the rate provided for in the State Fees Act where the person wishes to engage in an activity specified in Article 34(1) of Regulation (EU) 2018/848 of the European Parliament and of the Council.

§ 7. Decision to approve holding and refusal to approve

(1) Where a person applies for approval for the purpose of production of a product of a category specified in Articles 35(7)(a)–(c) of Regulation (EU) 2018/848 of the European Parliament and of the Council, the initial inspection is carried out within 60 working days after the closing date of the submission of applications and a decision to approve the holding or a reasoned decision to deny approval is made within 30 working days after the initial inspection.

(2) Where a person applies for approval regarding a product of a category specified in subsection 1 of this section for the purpose of engaging in an activity specified in Article 34(1) of Regulation (EU) 2018/848 of the European Parliament and of the Council, a decision to approve the holding or a reasoned decision to deny approval is made within 30 working days after the initial inspection.

(2¹) A decision to approve constitutes a certificate for the purposes of Article 35(1) of and Annex VI to Regulation (EU) 2018/848 of the European Parliament and of the Council.

(2²) A decision to approve remains in force until December 31 in the year following the year of making the decision. A decision to approve a wholesaler dealing with pre-packaged products remains in force until December 31 of the third year following the year of making the decision.

(3) The decision to deny approval specified in subsections 1 and 2 of this section is made where, based on assessment results, the holding is not conforming.

(4) A holding commences adherence to the requirements for organic farming as of the date of submission of the application.

(5) On its own initiative and based on the regulatory enforcement results of the current year, the Agriculture Authority makes the next decision to approve or refuse to approve a previously approved holding in the year of expiry of the term of validity of the valid decision to approve. Where the grounds provided for in clauses 2–5 of subsection 1 of § 9 of this Act, the Agriculture and Food Board may refuse to make a decision to approve.

(5¹) As of communicating the subsequent decision to approve specified in subsection 5 of this section, the validity of the preceding decision to approve the holding terminates.

(6) The procedure for application for first approval for operation in the field of organic farming, the procedure for processing applications and the deadlines for submission of applications are established by a regulation of the minister in charge of the policy sector.

§ 9. Revocation of decision to approve holding

(1) The Agriculture and Food Board may revoke a decision to approve an enterprise in full or in part where the person:

1) has submitted a corresponding application;

2) is unable to comply with the requirements for organic farming due to permanent circumstances prevailing in the holding;

3) the person fails to submit the required information to the Agriculture and Food Board or prevents regulatory enforcement in any other manner;

4) knowingly uses, for the purpose of fertilisation, improvement of the characteristics of the soil or plant protection, substances or products not included in a list based on Article 24(1)(a) or (b) of Regulation (EU) 2018/848 of the European Parliament and of the Council or genetically modified organisms specified in Article 11(1) thereof or products produced from or by the same;

5) has committed a serious, repeat or continued violation of the organic farming requirements.

(2) A product produced and labelled in a holding with regard to which a decision to approve has been revoked under clause 1 of subsection 1 of this section or expired may be distributed with a label referring to organic farming where the product has been placed on the market during the term of validity of the decision to approve the holding.

(3) Where a decision to approve the holding of a person has been revoked based on clause 1 of subsection 1 of this section, the person may place organic products on the market where such products were labelled before the revocation of the decision to approve the holding.

§ 10. Notification of changes

(1) A person notifies the Agriculture and Food Board in writing of any changes relating to construction, technology or organisation of work and other restructuring that may alter the conditions that prevailed in the holding at the time of approval, and also of the suspension or termination of activities:

1) at least seven days before making the planned changes;

2) at least seven days after the occurrence of a change where the change took place regardless of the person’s intent, and indicates the circumstances of its occurrence.

(2) Upon transfer of an approved enterprise, the recipient of possession who wishes to continue operation in the area of organic farming notifies the Agriculture and Food Board thereof in writing within 14 days after the transfer of possession.

(3) Where possession is transferred during the period between the date of submission of the application for approval and the date of making of the decision to approve the enterprise, the recipient of possession wishing to continue operation in the area of organic farming will notify the Agriculture and Food Board thereof in writing within 14 days after the date of transfer of possession.

§ 11. Register of organic farming

(1) The organic farming register (hereinafter register) and its statutes are established by a regulation of the minister in charge of the policy sector.

(2) The controller of the register is the Ministry of Regional Affairs and Agriculture.The processor is specified in the statutes of the register.

(3) For the purpose of efficient enforcement of organic farming requirements the register keeps account of persons and their holdings approved under or notified of in accordance with this Act.

(3¹) The person’s name, registry code or personal identification code or, upon absence of a personal identification code, their date of birth, the place of residence or seat and the place of business, contact details, name and contact details of the person’s representative, if any, and data on the person’s holding approved under this Act or notified of in accordance therewith are entered in the register.

(5) A person concerning whom data has been entered in the register pays a state fee for supervision operations.

(6) Statistics Estonia transmits the information specified in Article 51 of Regulation (EU) 2018/848 of the European Parliament and of the Council to the European Commission.

§ 12. Organic production

The minister in charge of the policy sector establishes the requirements for organic production, including the data to be submitted for continuation of operation and the deadline for submission of such data.

§ 12¹. Preparation of organic food and food containing organic agricultural ingredients by way of mass catering operations, and submission of information on and keeping account of use of organic ingredients

(1) Upon preparation of organic food in mass catering operations, the requirements provided in Articles 7 and 11 of Regulation (EU) 2018/848 of the European Parliament and of the Council are followed.

(2) In mass catering operations where food that contains agricultural ingredients of which at least 95 per cent are organic and complies with the requirements of Article 16 of Regulation (EU) 2018/848 of the European Parliament and of the Council, the information referring to organic farming may be given in the name of the food.

(3) In mass catering operations, information on the use of organic agricultural ingredients can be given as follows:

1) organic agricultural ingredients are specified in the menu in the list of the ingredients of the food;

2) the organic agricultural ingredients used in all the foods of the menu are specified in the menu in a generalised manner;

3) information is given on the percentage share of organic agricultural products, which is calculated on the basis of the quantity or cost of the agricultural products that were brought to the holding in the preceding month for preparing food.

(4) Account is kept of organic agricultural products brought to the holding for preparing food.In the event of submission of information under subsection 2 and clauses 1 and 2 of subsection 3 of this section, account is kept of each food and the organic agricultural ingredients used therein.

(5) In the event of giving up the use of organic agricultural ingredients in mass catering operations, the presentation of information referring to organic farming and use of organic agricultural ingredients, including the use of a mark referring to the use of organic products, is terminated immediately and the Agriculture and Food Board is informed thereof.

(6) More detailed requirements for preparation of organic food and food containing organic agricultural ingredients in mass catering operations and more detailed requirements for giving information on and keeping account of organic products and organic agricultural ingredients brought to mass catering operations for the purpose of use in food are established by a regulation of the minister in charge of the policy sector.

§ 13. Label referring to organic production methods

(1) The label referring to organic farming established on the basis of this Act may be used for labelling agricultural products and feed produced and prepared in conformity with the requirements for organic farming in a holding approved on the basis of this Act or in a holding that has been notified of in accordance with § 4¹ of this Act.

(2) The minister in charge of the policy sector establishes the standard description of the label referring to organic production methods and the procedure for using such label.

§ 13¹. Referring to use of organic products in mass catering operations

(1) Information specified in clause 3 of subsection 3 of § 12¹ of this Act is given in mass catering operations using a statement referring to the use of organic products and three different percentage ranges.To give the information, a mark with a percentage range referring to the use of organic agricultural products may be used.

(2) The percentage range indicates the share of organic agricultural products brought to the holding in the preceding month for preparing good, which is calculated on the basis of the quantity or cost of agricultural products brought to the holding in the preceding month.

(3) Information referring to the use of organic agricultural products in mass catering operations is not given and a mark is not used for making food in the same field as the name of the food in the menu or in the list of ingredients.

(4) The percentage ranges referring to the use of organic agricultural products in mass catering operations and more detailed requirements for giving information, including the standard description of the mark referring to the use of organic agricultural products and the procedure for using the mark, are established by a regulation of the minister in charge of the policy sector.

§ 14. Derogation from requirements for organic farming

(1) Permitted exceptions from the requirements for operation in the field of organic farming established in Regulation (EU) 2018/848 of the European Parliament and of the Council may be made with the consent of the Agriculture and Food Board.

(2) The consent specified in subsection 1 of this section is granted or the granting thereof is refused by the Agriculture and Food Board within 10 working days as of the receipt of the relevant application.

§ 15¹. Collection of data concerning the availability on the market of organic plant reproductive material and organic animals

(1) The Agriculture and Food Board organises the collection of data specified in Articles 26(1) and (2) of Regulation (EU) 2018/848 of the European Parliament and of the Council.

(2) The Agriculture and Food Board transmits the information specified in Article 53(6) of Regulation (EU) 2018/848 of the European Parliament and of the Council to the European Commission and other Member States.

§ 15². Organic heterogeneous reproductive material

(1) The Agriculture and Food Board is the responsible official body for the purposes of Article 13(2) of Regulation (EU) 2018/848 of the European Parliament and of the Council.

(2) The Agriculture and Food Board enters organic heterogeneous reproductive material declared compliant with the requirements provided in Article 13(2) of Regulation (EU) 2018/848 of the European Parliament and of the Council in the variety list specified in § 24 of the Plant Propagation and Plant Variety Rights Act (hereinafter variety list).

(3) Where the Agriculture and Food Board has established that organic heterogeneous reproductive material does not meet the requirements provided for in Article 13(2) of Regulation (EU) 2018/848 of the European Parliament and of the Council, the Agriculture and Food Board makes a decision to refuse to enter the reproductive material in the variety list.

§ 15³. Organic variety suitable for organic production

‘Organic variety suitable for organic production’ means a variety defined in Article 3(19) of Regulation (EU) 2018/848 of the European Parliament and of the Council regarding which a relevant note has been made in the variety list and in the varieties register established on the basis of subsection 1 of § 57 of the Plant Propagation and Plant Variety Rights Act.

§ 16. Import of organic products

(1) For the purposes of this Act, import of organic products means the application of the customs procedure of release for free circulation to organic products conveyed to Estonia from states and territories outside the customs territory of the European Union (hereinafter third countries).

(2) The importer must inform the Agriculture and Food Board of the planned import of an organic product at least 24 hours in advance.

(4) In order to release goods from customs supervision, the importer submits, in the case of a product that complies with Article 45(1)(b) of Regulation (EU) 2018/848 of the European Parliament and of the Council, to a customs official, together with the accompanying documents of the consignment, a certificate of inspection that has been approved by the Agriculture and Food Board and that complies with implementing legislation adopted on the basis of Article 45(4) of the same.

(5) The Agriculture and Food Board is the relevant authority specified in the legislation established on the basis of Article 48(4) of Regulation (EU) 2018/848 of the European Parliament and of the Council.

§ 16¹. Border control post

It is permitted to convey an organic product to Estonia from a third country via a border control post designated in accordance with the Food Act, the Feed Act, the Plant Protection Act or the Veterinary Act, based on the category of animals or goods where the organic product belongs.

§ 16². Place of official controls of imported organic product

An imported organic product may be subjected to official controls at a place designated in accordance with the Food Act, the Feed Act, the Plant Protection Act or the Veterinary Act, based on the category of animals or goods where the organic product belongs.

§ 17. State supervision

(1) Regulatory enforcement over the compliance with the requirements of the relevant legislation of the European Union, this Act and legislation established on the basis of this Act is exercised by the Agriculture and Food Board.

(4) The code number specified in Article 4(3) of Regulation (EU) No 2017/625 of the European Parliament and of the Council is established by a regulation of the minister in charge of the policy sector.

§ 18. Exercising state supervision

(1) The law enforcement authority may, for the purpose of exercising the state supervision provided for in this Act, take special measures of state supervision provided for in §§ 30, 32, 49, 50 and 51 of the Law Enforcement Act on the grounds and in accordance with the procedure provided for in the Law Enforcement Act.

(2) Where residential premises are also used as commercial premises, the law enforcement authority may inspect these during the working or opening hours without the authorisation of an administrative court specified in subsection 2 of § 51 of the Law Enforcement Act.

(3) The law enforcement authority may take samples at the expense of the person upon inspection of a movable.Where the inspected movable is no longer fit for ordinary use following the inspection, the cost of the movable or the cost of restoring the movable for ordinary use is not compensated to the person.

§ 19¹. Organisation of official controls

(1) Official controls related to organic production and labelling of organic products are organised based on a control plan prepared in accordance with Article 109 of Regulation (EU) 2017/625 of the European Parliament and of the Council.

(2) The information specified in Article 11(1) of Regulation (EU) No 2017/625 of the European Parliament and of the Council on the outcome of official controls is published on the website of the Agriculture and Food Board.

(3) The Agriculture and Food Board is the authority coordinating the preparation of a multiannual national control plan specified in Article 109 of Regulation (EU) No 2017/625 of the European Parliament and of the Council. The Agriculture and Food Board submits the multi-annual national control plan and a report on the implementation of the plan to the European Commission in accordance with Article 113 of the Regulation.

(4) The Agriculture and Food Board participates in the preparation of a multiannual national control plan specified in Article 109 of Regulation (EU) No 2017/625 of the European Parliament and of the Council whereby the Agriculture and Food Board is the coordinating authority and the submitter of a report on the plan.

(5) In organic production and labelling of organic products, the Agriculture and Food Board is the liaison body of supervisory cooperation within the meaning of Article 103 of Regulation (EU) No 2017/625 of the European Parliament and of the Council.

(6) Another law enforcement authority, administrative body or governmental agency notifies the Agriculture and Food Board without delay where there is the following possible violation of the organic farming rules:

1) a violation that may pose a threat to the health of an animal or human or to the welfare of an animal or to the environment;

2) a violation that has been committed by knowingly creating a misconception of the actual circumstances.

§ 19². Taking and analysing samples

(1) When performing official controls and making other official operations, samples are taken on the grounds and in accordance with the procedure provided for in the Food Act, the Feed Act, the Plant Protection Act or the Veterinary Act, based on the category of animals or goods where the organic product belongs.

(2) Samples taken when performing official controls and making other official operations are analysed for the purpose of making relevant analyses in accordance with the procedure provided for in the Food Act, the Feed Act, the Plant Protection Act or the Veterinary Act and in a laboratory designated on the basis of these Acts, based on the category of animals or goods where the organic product belongs.

(3) The details of the laboratory that analyses samples taken in performing official controls and making other official operations are published on the website of the Agriculture and Food Board.

§ 20. Violation of requirements for organic farming

(1) The sanction for the conscious distribution with a label referring to organic farming of a product that has not been produced or prepared in accordance with the requirements of organic farming is a fine of up to 300 fine units.

(2) The penalty for the same act committed by a legal person is a fine of up to 32,000 euros.

§ 21. Proceedings

(2) The Agriculture and Food Board is the out-of-court proceedings authority of the misdemeanours provided for in § 20 of this Act.

§ 23. Implementation of Act

(1) Holdings approved on the basis of and in accordance with the procedure provided by the Organic Farming Act hitherto in force are deemed to be approved on the basis of and in accordance with the procedure provided for in this Act.

(2) The register of organic farming established based on subsection 1 of § 16 of the Organic Farming Act is deemed to be the register of organic farming specified in subsection 1 of § 11 of this Act.

(3) The holding of a person who engages in the marketing of unpackaged organic products to the final consumer must be approved by 1 September 2009.

(4) A decision to approve issued before 1 March 2009 is valid until it is revoked or, as a result of inspection of compliance of the holding with the requirements, replaced by a decision to approve made in accordance with Article 29 of Council Regulation (EC) No 834/2007 and Annex XII to Council Regulation (EC) No 889/2008 during 2009.

(5) As of 1 July 2013, mass catering operations approved under this Act by a decision valid on 30 June 2013 are considered mass catering operations notified of in accordance with § 4¹ of this Act.

(6) The holding of a person specified in Article 35(8) of Regulation (EU) 2018/848 of the European Parliament and of the Council, which complies with the conditions provided in the Article and has been approved on the basis of this Act and the approval decision of which is effective as of 1 January 2022 is as of the date deemed a holding that has been notified of in accordance with § 4² of this Act.

§ 26. Entry into force of Act

This Act enters into force on 1 January 2007.