Guideline for Pesticide Residue Contamination for ... - VBP

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IFOAM EU GroupAnnexGuideline for Pesticide Residue Contamination forInternational Trade in OrganicAnnex 6Legal Arguments with acknowledgements to BÖLWAnnex III No. 9 to Regulation (EEC) 2092/91 1 on organic production and indicationsreferring here to agricultural products and foodstuffsI. Legal Text9. Products suspected not to satisfy the requirements of the Regulation1. Where an operator considers or suspects that a product which he has produced,prepared, imported or been delivered from another operator, is not in compliancewith this Regulation, he shall initiate procedures either to withdraw from this productany reference to the organic production method or to separate and identify theproduct.2. He only may put it into processing or packaging or onto the market after eliminationof that doubt, unless it is placed on the market without indication referring tothe organic production method.3. In case of such doubt, the operator shall immediately inform the inspection bodyor authority.4. The inspection body or authority may require that the product not be placed onthe market with indications referring to the organic production method until it issatisfied, by the information received from the operator or from other sources, thatthe doubt has been eliminated.5. Where an inspection body or authority has a substantiated suspicion that an operatorintends to place on the market a product which is not in compliance with thisRegulation but bearing a reference to the organic production method, this inspectionbody or authority can require that the operator may provisionally not marketthe product with this reference.6. This decision shall be supplemented by the obligation to withdraw from this productany reference to the organic production method if the inspection body or authorityis sure that the product does not fulfil the requirements of this Regulation.7. However if the suspicion is not confirmed, the above decision shall be cancellednot later than a time period after having been taken.8. The operator shall cooperate fully with the inspection body or authority in resolvingthe suspicion.15
Guideline for Pesticide Residue Contamination forInternational Trade in OrganicIFOAM EU GroupAnnexII. Comments9. Products suspected not to satisfy the requirements of the Regulation1Where an operator considers“Considers” denotes “has reliable knowledge”.or suspectsA “suspicion” exists where, following the dutiful discretion of the operator, concreteand significant indications point to non compliance. Should any suspicious factorsarise during the internal inspections or based on evidence from third parties, theseshould first be rapidly followed up as part of an intensive, in house investigation.A few examples of concrete reference points are:• inspection of incoming goods, appearance, remnants of labelling, packaging, contaminations,• product undercuts normal market prices,• doubts regarding the authenticity of certificates or• the detection of residue values that point to the use of substances not permittedunder the EU Org. REG.that a product which he has produced, prepared, imported or been deliveredfrom another operator, is not in compliance with this Regulation,The provisions at issue serve the purpose of establishing the origin of a product andof ensuring that the regulations for organic farming were observed during all phasesof production and processing. Regulation (EEC) 2092/91 uses, as evidenced by itsarguments for consideration, a process based approach.he shall initiate procedures either to withdraw from this product any referenceto the organic production method or to separate and identify the product.The operator decides which procedural steps are to be initiated based on its dutifuldiscretion. The aim of the procedural steps should be to stop further marketing untilthe questions have been resolved (so called self inhibited).Insofar as the operator possesses reliable knowledge that the product is not up to thestandards for production and/or processing according to Regulation (EEC) 2092/91,these measures are final in nature; otherwise they serve as a temporary safeguard.16
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