LAW OF THE REPUBLIC OF MOLDOVA

of July 31, 2023 No. 237

About ecological production and labeling of ecological products

The Parliament adopts this organic law.

This law partially shifts Regulations (EU) 2018/848 European parliament and Council of May 30, 2018 about ecological production and labeling of ecological products, and also about cancellation of Regulations (EU) No. 834/2007 of Council published in the Official magazine of the European Union by L 150 of June 14, 2018 with the last changes made by the Delegated regulations (EU) 2023/207 European commissions of November 24, 2022.

Chapter I General provisions

Article 1. Subject and scope

(1) This law establishes the principles of ecological production and introduces rules of ecological production, the certification corresponding to it and use of the instructions relating to ecological production in labeling and advertizing, and also rules of additional checks in connection with production and labeling of ecological products.

(2) This law is applied:

1) to products of agricultural origin, including products of aquaculture and beekeeping, listed in the list approved by the Government agricultural both foodstuff, and to the products derivative of the corresponding products if they become or shall become subject of production, preparation, labeling, distribution, introduction to the market, import or export:

a) the live or not processed agricultural products, including seeds and other plant reproductive materials;

b) the processed agricultural products for use as foodstuff;

c) stern for animals;

2) to other products which are in close connection with the agricultural industry listed in appendix 1, which become or shall become subject of production, preparation, labeling, distribution, introduction to the market, import or export;

3) to any operator participating in implementation of the types of activity connected with the products specified in this Article at any production phase, preparation and distribution.

(3) the Organization of public catering by catering establishment does not fall under operation of this law.

(4) If other is not provided, this law is applied without prejudice to safety and security legislation of food chain, health and wellbeing of animals, health of plants and reproductive plant materials, and also special rules of introduction of products on the market.

(5) the Government can change the list of products provided in appendix 1, adding additional products or changing headings. Only the products which are closely connected with agricultural products can be added to the corresponding list.

Article 2. Purpose and tasks of this law

(1) the Purpose of this law is ensuring sustainable development of ecological production, the loyal competition and proper functioning of the domestic market of ecological products, and also ensuring consumer confidence to the corresponding products.

(2) Ecological production pursues the following common goals:

a) assistance to environmental protection and climate;

b) long-term maintenance of fertility of soils;

c) assistance to growth of level of biodiversity;

d) prevention of environmental pollution;

e) assistance to increase in level of standards of wellbeing of animals and to satisfaction of specific behavioural needs of animals;

f) encouragement of short distribution channels and local production in different regions;

g) encouragement of preserving rare breeds of the animal and/or local populations which are under the threat of disappearance;

h) assistance to development of supply of the plant genetic material adapted for special requirements and the purposes of ecological agricultural industry;

i) assistance to growth of level of biodiversity due to use of various plant genetic material, such as the ecological heterogeneous material and ecological grades suitable for ecological production;

j) assistance to development of activities for improvement of ecological plants for the purpose of assistance to favorable economic perspectives of the ecological sector.

Article 3. Basic concepts

For the purpose of application of this law the following basic concepts are determined:

aquaculture - cultivation or cultivation of water organisms with use of the methods directed to increase in production of these organisms over natural opportunities of the environment in conditions when these organisms remain in property of physical person or legal entity during the entire period of cultivation, cultivation and collection;

competent authority - the Ministry of Agriculture and the food industry;

monitoring body - the National agency on safety of foodstuff;

the certificate - the physical or electronic document issued by the inspection body recognized by competent authority, and confirming compliance to rules of ecological production;

conversion - transition from not ecological production to ecological production during the certain period when provisions of this law on ecological production are applied;

natural disaster - the natural phenomenon of biotic or abiotic nature causing severe violations of systems of agricultural production, causing significant economic damage to the agricultural sector;

production phase, preparation and distribution - any stage from primary production of ecological product before its storage, conversion, before the completing transportation, sale or delivery to the final consumer, including, depending on case, labeling, advertizing, import, export and involvement of subcontractors;

agroholding - all production units which work under single management for the purpose of production of live or raw agricultural products, including the products of aquaculture and beekeeping specified in Article 1, except for of essential oils and yeast;

integrity of ecological products or products of conversion - products condition which is characterized by lack of discrepancies, which:

a) at any production phase, preparation and distribution influence the product characteristics qualifying it as ecological product or respectively conversion product; or

b) are allowed repeatedly or intentionally;

ecological heterogeneous material - group of plants within one botanical taxon of the lowest known class, which:

a) represents general phenotypical characteristics;

b) is characterized by the high level of genetic and phenotypical variety between separate reproductive units thanks to what the corresponding group of plants is provided by material in general, but not small amount of units;

c) is not grade in value of article 3 of the Law on protection of plant varieties No. 39/2008;

d) is not mix of grades; and

e) it was made according to this law;

precautionary measures - measures which shall be accepted by operators at each production phase, preparation and distribution in order to avoid pollution by products or substances which are not resolved for use in ecological production according to this law, and in order to avoid mixing of ecological products with not ecological products;

preventive measures - measures which shall be accepted by operators at each production phase, preparation and distribution to provide preserving biodiversity and quality of the soil, measure for prevention and pest control and diseases, and also measures which shall be accepted in order to avoid negative impact on the environment, health of animals and plants;

the product made from GMO - the product received fully or partially from the genetically modified organisms (GMO), but which is not containing GMO and not consisting of GMO;

the product made by means of GMO - the product received with use of GMO as the last live organism in production process, but which is not containing the GMO which is not consisting of GMO and is not made from GMO;

operator - the physical person or legal entity responsible for ensuring compliance with this law at all production phases, preparation and distribution under control of this person;

inspection body - the separate legal entity performing inspection and certified activities in the field of ecological production according to provisions of this law;

the genetically modified organism (GMO) - any organism, except for the person whose genetic material underwent to change by the method which is not found under natural conditions during the pairing / natural recombination;

preparation - all transactions of conservation or conversion of ecological products or products of conversion, or any other transaction which is performed concerning the raw product without its change, in particular, slaughter, the cabin, cleaning or crushing, and also packaging, labeling or entering into labels of the changes relating to ecological production;

ecological production - use, including during the period of conversion, the production methods corresponding to this law at all production phases, preparation and distribution;

ecological product - the product resulting from ecological production, except for the products made during the conversion period. Products which source of origin hunting for wild animals or fishery is are not considered as ecological;

conversion product - the product received during conversion;

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