Monday, January 14, 2008

DEPARTMENT OF AGRICULTURE

DEPARTMENT OF AGRICULTURE

AGRICULTURAL PRODUCT STANDARDS ACT, 1990
(ACT No. 119 OF 1990)

REGULATIONS REGARDING CONTROL OVER THE SALE OF ORGANICALLY PRODUCED PRODUCTS IN THE REPUBLIC OF SOUTH AFRICA

The Minister of Agriculture has under section 15 of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990) --

(a) made the regulations in the Schedule; and

(b) determined that the said regulations shall come into operation six months after date of publication thereof.

SCHEDULE

Definitions

1. In these regulations any word or expression to which a meaning has been assigned in the Act shall have that meaning, and --

"additive" means an enrichment, supplement or other substance which may be added to a foodstuff to affect its keeping quality, consistency, colour, taste, smell or other technical property;

"approve/approved" means the procedure by which the Executive Officer evaluates and gives a formal recog­nition that the inspection and certification programme of a certifying organisation complies with the requirements of these regulations;

"audit" means a systematic and functionally independent examination to determine whether activities and related results comply with planned objectives;

"certification" means the procedure by which approved certifying organisations provide written or equivalent assurance that a product, process or service is in conformity with certain standards;

"certification programme" means an approved system of rules, procedures and management for carrying out certification;

"certifying organisation" means an organisation performing certification;

"conventional" means any material, production or processing practice that is not certified "organic" or "organic in conversion";

"crop rotation" means the practice of alternating the species or families of annual and biennial crops grown on a specific field in a planned pattern or sequence so as to break weed, pest and disease cycles and to improve soil fertility and organic matter content;

“distinctive mark” means a distinctive mark or a symbol, prescribed under section 5(1) of the Act, that has been registered by the Executive Officer and used by an approved certifying organisation to indicate that compliance with these standards has been verified;

"Executive Officer" means the officer designated under section 2(1) of the Act;

“extensive farming” means farming that corresponds to at least the stocking densities as indicated in these regulations and includes the prescribed outdoor area requirements for the animals;

"factory farming" means industrial management systems that are heavily reliant on veterinary and feed inputs not permitted in organic agriculture and/or where the animals are hindered from moving freely around 360°, or kept in obscurity or deprived from litter and thus include animals kept in batteries or fattening of chickens with more than 25kg weight/m2;

"genetically modified organisms and products" means organisms or products produced through techniques in which the genetic material has been altered in a way that does not occur natu­rally by mating and or natural recombination;

"ingredient" means any substance including a food additive used in the manufacture or preparation of a food, or present in the final product, although possibly in a modified form;

"inspection" means the examination of food systems for control of food, raw material, production, processing, and distribution including in-process and finished product testing, in order to verify that they conform to requirements;

“intensive farming” means those practices that do not fit within the “factory farming” or “extensive farming” definitions;

"irradiation" means high energy emissions from radio nucleotides, capable of altering food mole­cular structure for the purpose of controlling microbial contaminants, pathogens, parasites and pests in food, pre­serving food or inhibiting physiological processes such as sprouting or ripening;

"labelling" means any written, printed or graphic representation that is present on the label of a product, accompanies the product or is displayed near the product;

"operation" means a farm, production unit or project involved in the production and/or processing of products;

"operator" means any person who is involved at any stage of the chain of production, processing, storage, packaging, transporting, retailing, displaying, and importing of organic/organic in conversion products or who markets such products;

"organic" means produced by the specific management practices indicated in these regulations which are designed to—
(a) enhance biological diversity within the whole system;
(b) increase soil biological activity;
(c) maintain long term soil fertility;
(d) recycle wastes of plant and animal origin in order to return nutrients to the land, thus minimising the use of non-renewable resources;
(e) rely on renewable resources in locally organised agricultural systems;
(f) promote the healthy use of soil, water and air as well as minimise all forms of pollution thereto that may result from agricultural practices;
(g) handle agricultural products with emphasis on careful processing methods in order to maintain the organic integrity and vital qualities of the product at all stages; and
(h) become established on any existing farm through a period of conversion, the appropriate length of which is determined by site specific factors such as the history of the land, and type of crops and livestock to be produced;

"organic chemistry" means the chemistry of organic compounds;

"organic compounds" means chemical compounds containing carbon combined with hydrogen and often also with oxygen, nitrogen and other elements;

"organic in conversion" means a production system which has adhered to these regulations for at least one year and has been certified as such but which does not qualify as fully organic;

"organic product" means a product which has been produced, processed and/or handled in com­pliance with these regulations;

"processed/processing" means cooking, baking, heating, drying, mixing, crushing, pressing, churning, separating, extracting juices or other material, peeling, fermenting, eviscerating, preserving, dehydrating, freezing or manufacturing which materially alters the flavour, keeping quality, or any other property or the making of any substantial change of form, but does not include refrigeration at temperatures which are above freezing point or any other treatment which merely retards or accelerates the natural processes of ripening or decomposition;

"processing aid" means substances that are added to food during the processing but are removed from the food before it is finally packed: Provided that the substance can also be converted into con­stituents normally present in the food or may still be present in the food in insignificant levels;

"produce/d" means the operations undertaken to supply agricultural products in the state in which they occur on the farm, including initial packaging and labelling of the product;

"product/s" means any commodity of vegetable or animal origin, or produced from a substance of vegetable or animal origin, and which consists wholly or partially of such substance (excluding water, salt and additives);

“SANAS” means the abbreviation for the South African National Accreditation System;

"substance/s" means all its components including active and inert ingredients;

"synthetic" means a substance that is formulated or manufactured by a chemical process or by a pro­cess that chemically changes a substance extracted from naturally occurring plant or animal sources: Provided that such term shall not apply to substances created by naturally occurring biological processes;

"the Act" means the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990); and

“trade mark” means a trade mark as defined in the Trade Marks Act, 1993 (Act No. 194 of 1993).

Scope of these regulations

2. (1) (a) These regulations apply to the following products which carry, or are intended to carry, descriptive labelling referring to organic production methods:

(i) unprocessed plants and plant products;

(ii) live animals;

(iii) products from bee keeping; and

(iv) processed products for human consumption derived mainly from those listed in subparagraph (i), (ii) and (iii).

(b) A product will be regarded as bearing indications referring to organic production methods where, in the labelling of claims, including advertising material or com­mercial documents, the product, or its ingredients, is described by the term "organic" or words of similar intent including derivatives which suggests to the purchaser that the product or its ingredients were obtained according to organic production methods.

(c) Subregulation 2(1)(b) does not apply where these indications referring to “organic” clearly bears no connection to the method of production described in these regulations, such as organic compounds referred to in organic chemistry.





(d) Subregulation 2(1)(b) does not apply to products bearing indications to “organic” if the indications form part of a trade mark that has been in use on the date of commencement of these regulations: Provided that the indications that form part of a trademark do not suggest to the purchaser that the product or its ingredients were obtained according to organic production methods: Provided further that the Executive Officer will have the final decision on this issue and will make available a list of approved indications.

(2) These regulations are in addition to and not in substitution of any other relevant legi­slation applicable to the products concerned.

Restriction on the sale of organically produced products

3. (1) No person shall sell organically produced products in the Republic of South Africa --

(a) unless such products comply with the general standards referred to in regu­lation 4;

(b) unless such products from plant origin comply with the standards referred to in regulation 5;

(c) unless such products from animal origin comply with the standards referred to in regulation 6;

(d) unless such products comply with the bee keeping practices referred to in regulation 7;

(e) unless such products comply with the processing and handling practices referred to in regulation 8;

(f) unless the pest and disease control practices referred to in regulation 9 have been followed;

(g) unless the cleaning, disinfection and sanitising practices referred to in regu­lation 10 have been followed;

(h) unless such products are labelled and marked in the manner referred to in regulation 11; and

(i) unless such products have been inspected and certified as organic as refer­red to in regulation 12.

(2) The Executive Officer may exempt a person in writing, entirely or partially and on the conditions as he or she deems necessary, from the provisions of subregulation (1).

General standards for organically produced products

4. (1) Production shall address measures for the provision of and improvement of landscape and biodiversity and must contribute to the equilibrium of agricultural production systems by providing for the nutrient requirements of crops and by improving the soil's organic matter.

(2) Synthetic chemicals (including pesticides and fertilisers) are not permitted other than those allowed by these regulations.

(3) All materials and/or the products produced from genetically modified organisms, with the exception of certain veterinary medicinal products, are not compatible with the principles of organic production and therefore are not accepted under these regulations.

(4) The use of irradiation is not allowed in production and processing.

(5) A quality and safety management system shall be an integral part of the organic pro­duction system.

(6) Inspection and certification shall be carried out before a product can be regarded as being organic.

(7) A product cannot be certified as organic unless the operation has been subjected to a conversion period: Provided that --

(a) the length of the conversion periods shall be as indicated in these regulations;

(b) a product entering the conversion period is subject to all the relevant stan­dards in these regulations from the onset of the conversion period;

(c) the start of the conversion period shall be calculated from the date of appli­cation to the approved certifying organisation or from the date of last application of unapproved farm inputs: Provided that it can be demonstrated that the rele­vant standards in these regulations have been met from that date;

(d) a full conversion period is not required where the relevant standards in these regulations have been met for at least three years and where it can be verified through various means; and

(e) inspection shall be carried out during the conversion period.

(8) Organic, organic in conversion and conventional production is allowed on the same operation: Provided that --

(a) organic and organic under conversion lands, animals, storage facilities and any other parts of the operation shall be clearly separated from conventional lands, animals, storage facilities and other parts of conventional operation, and shall be available for inspection as such;

(b) conventionally produced annual plants shall be from different varieties and grown in separate areas;

(c) conventionally produced perennial plants may be of the same varieties: Pro­vided further that --

(i) the production in question forms part of a conversion plan to organic production in a period which may not exceed a maximum of five years;

(ii) appropriate measures are taken to ensure the permanent separation of products obtained from each unit; and

(iii) the producer must keep records of the exact quantities harvested to­gether with any other particular distinguishing features such as qua­lity, colour, weight, etc.;

(d) means of production such as tractors and implements shall not be used on both organic and conventional production lands unless they have been tho­roughly cleaned and disinfected before moving from the conventional lands to the organic or organic under conversion lands;

(e) converted land and animals shall not be switched back and forth between organic, organic in conversion and conventional production;

(f) conventionally produced animals shall be from different species, and shall be reared and housed separately; and

(g) permission may be granted for conventionally produced animals of different species to use the same pasture/grazing: Provided further that --

(i) the conventionally produced animals are under extensive husbandry; and

(ii) the conventionally produced animals are not present on the pas-ture/grazing at the same time as the organically produced animals.

(9) All inputs (products and/or substances) into organic agriculture must be certified as organic by an approved certifying organisation: Provided that the inputs of non-certified and/or non-organic origin allowed by these regulations may be used: Provided further that the operator must constantly strive to make use of organic inputs by moving away from inputs of non-certified, non-organic and/or doubtful organic origin by regularly evaluating all inputs and practices on the operation against the criteria indicated in Annexure I.

Standards for organically produced products from plant origin

5. (1) Organically produced products from plant origin shall be produced from the following:

(a) Organically propagated seed and plant materials: Provided that when orga­nically propagated seed and plant materials are not available, chemically un­treated conventional material may be used after obtaining permission from the approved certifying organisation.

(b) Breeding of a new organic variety shall take place according to the principles set in these regulations and all steps of propagation (except in-vitro-culti­vation) shall be under organic management.

(c) An existing variety shall be regarded as organic after at least three years of main­tenance under organic management.

(d) Conventional seed and plant propagation material shall be regarded as organic if it has been under organic management for –

(i) one generation for annuals; and

(ii) two growing periods (thus at least 18 months) for perennials.

(2) Organically produced products from plant origin shall comply with the following pro­duction practices:

(a) Sufficient diversity must be obtained in a manner that takes into account the impact of insects, weeds, diseases and other pests, while maintaining or increasing soil organic matter, fertility, microbial activity and general soil health.

(b) Biodegradable material from microbial, plant or animal origin shall form the basis of the fertilisation programme and the fertility and biological activity of the soil shall be maintained or increased, where appropriate, by --







(i) cultivation of legumes, green manures or deep rooting plants in an appropriate rotation programme;

(ii) incorporation of livestock manure from organic livestock production; and/or

(iii) incorporation in the soil of biodegradable material, composted or not, produced under organic conditions.

(c) Local conditions and the specific nature of crops shall be taken in conside­ration in determining the amount of biodegradable material from an outside source allowed onto an operation in order to restrict the risk of pollution.

(d) The substances allowed for use in fertilisation and soil conditioning are indi­cated in Annexure II: Provided that --

(i) the organic and mineral fertilisers mentioned in Annexure II shall be applied only where adequate nutrition of the crop or soil con­ditioning is not possible by the methods set out under subregulation (2)(b);

(ii) certain restrictions should be placed on the use of the substances in Annexure II where use could result in, or contribute to, unacceptable effects on, or contamination of, the environment, soil organisms and the quality and safety of the final product;

(iii) the use of the substances in Annexure II for the production of plant products and pastures and meadows shall be managed to limit the potential for microbial, chemical, physical and parasite contamination of the products and pastures and meadows;

(iv) the operator regularly evaluates the substances used on the operation against the criteria in Annexure I to re-confirm the organic status thereof or to identify possible alternatives that are of better organic status; and

(v) the criteria in Annexure I must be used to amend Annexure II or determine the need for use of the substances in Annexure II.

(e) Manures containing human excrement (faeces and urine) shall not be used.

(f) Mineral fertilisers shall be applied in their natural composition (without che­mical treatment to render it more soluble), with the exception of those listed in Annexure II.

(g) Plant based preparations or preparations of micro-organisms such as "bio­dynamic preparations" from stone meal, farmyard manure or plants may be used for compost activation or to improve the overall condition and nutrients of the soil.

(h) Chilean nitrate and all synthetic nitrogenous fertilisers, including urea, are prohibited.

(i) Pests, diseases and weeds shall be controlled by a combination of the follo­wing measures --

(i) choice of appropriate species and varieties;





(ii) appropriate rotation programmes;

(iii) mechanical cultivation procedures;

(iv) protection of natural enemies of pests through provisions favourable to them; and

(v) flame weeding.

(j) Thermic sterilisation of soils to combat pests and diseases is restricted to cir­cumstances where proper rotation or renewal of soil cannot take place.

(k) The substances allowed for plant pest and disease control, weed manage­ment and growth regulation are indicated in Annexure III: Provided that --

(i) the substances mentioned in Annexure III may be applied only in cases of immediate threat to the crop when control by the measures set out under subregulation (2)(i) are not adequate;

(ii) certain restrictions should be placed on the use of the substances in Annexure III where use could result in, or contribute to, unacceptable effects on, or contamination of, the environment, soil organisms and the quality and safety of the final product;

(iii) the operator regularly evaluates the substances used on the operation against the criteria in Annexure I to re-confirm the organic status thereof or to identify possible alternatives that are of better organic status; and

(iv) Annexure III may be amended using the criteria in Annexure I.

(l) Products used for pest, disease and weed management, prepared on the farm from local plants, animals and micro-organisms are allowed: Provided that the operator regularly evaluates the products used on the operation against the criteria in Annexure I to re-confirm the organic status thereof or to identify possible alternatives that are of better organic status.

(m) All equipment from conventional operations shall be properly cleaned and free from residues before being used on organically managed areas: Provided that dedicated equipment is preferred.

(n) The use of synthetic pesticides, herbicides, fungicides and insecticides are prohibited, with the exception of those listed in Annexure III.

(o) Clearing of land by means of burning organic matter shall be restricted to a minimum and permission must be obtained from the approved certifying organisation.

(p) Clearing of primary forest is prohibited.

(q) Relevant measures shall be taken to prevent soil erosion.

(r) Excessive exploitation and depletion of water resources is not allowed.

(s) Appropriate stocking densities which do not lead to land degradation and pollution of ground and surface water shall be followed.




(t) Relevant measures shall be taken to prevent salination of soil and water.

(3) Organically produced products from plant origin shall be subjected to the following conversion practices:

(a) Plant products from annual plants can be certified organic when the re­quirements have been met for a minimum of 24 months before the start of the production cycle.

(b) Perennial plants (excluding pastures and meadows) can be certified organic at the first harvest after the requirements have been met for at least 36 months.

(c) Pastures, meadows, land and their products used for feed or grazing can be certified organic after the requirements have been met for 24 months.

(d) The conversion periods prescribed in subregulation (3)(a), (b) and (c) can be extended by the approved certifying organisation depending on past conditions of the land and environment.

(e) The conversion periods prescribed in subregulation (3)(a), (b) and (c) can be reduced by the approved certifying organisation if guarantees/proof can be obtained that the conversion practices have been met.

(4) Organically produced products from plant origin shall comply with the following conta­mination control:

(a) Only products based on polyethylene and polypropylene or other polycar­bonates are allowed for protective structure coverings, plastic mulches, fleeces, insect nettings and silage wrapping: Provided that it shall be removed after use and may not be burned on the farm land.

(b) In case of reasonable suspicion of contamination relevant products and pos­sible sources of pollution shall be analysed to determine the level of conta­mination.

(5) Organically produced products from plant origin can be non-cultivated material or honey collected as follows:

(a) Must be derived from a stable and sustainable growing environment: Provi­ded that harvesting or gathering shall not exceed the sustainable yield of the ecosystem or affect the stability of the natural habitat or the maintenance of the species in the collecting area.

(b) The collecting area must be clearly defined and may not be exposed to pro­hibited substances.

(c) The collecting area must be an appropriate distance from conventional farming, pollution and contamination.

(d) The harvesters (persons) in the collecting area shall be familiar with the boun­daries of the collecting area.

(e) The area shall have received no treatments with products not allowed by these regulations for a period of three years before collection.






Standards for organically produced animals and products thereof

6. (1) Organically produced animals shall be produced from the following:

(a) Organic livestock when available, and in the choice of breeds or strains account must be taken of the capacity of the animals to adapt to local conditions and their vitality and resistance to disease, and specific diseases or health problems associated with some breeds or strains used in intensive production must be avoided.

(b) Breeds that can both copulate and give birth naturally.

(c) Artificial insemination is allowed.

(d) Embryo transfer techniques and other forms of assisted reproduction are not allowed.

(e) When a herd or flock is constituted for the first time, or with high mortality of animals caused by catastrophic circumstances, and organic livestock is not avai­lable, permission may be given for allowing brought-in conventional animals according to the following age limits:

(i) Chickens for the production of eggs and meat less than three days old.

(ii) Two week old birds for any other poultry.

(iii) Piglets as soon as they are weaned and must weigh less than 35 kg.

(iv) Calves as soon as they are weaned and must be less than six months old.

(v) Lambs and kids as soon as they are weaned and must be less than 60 days old.

(vi) Horses as soon as they are weaned and must be less than six months old.

(f) Permission may be given for bringing in breeding stock from conventional operations when organically reared animals are not available, with a yearly maximum of 10% of adult equine or bovine livestock and 20% of the adult porcine, ovine and caprine livestock: Provided that for breeding units with less than ten equine or bovine animals or less than five porcine, ovine or caprine animals, a maximum of one animal per year may be allowed.

(g) The percentages mentioned in subregulation (1)(f) may be increased up to 40% following the opinion and agreement of the approved certifying orga­nisation, in the following special cases --

(i) when a major extension to the stockfarm is undertaken;

(ii) when a breed is changed;

(iii) when a new livestock specialisation is developed; or

(iv) when breeds are in danger of being lost to farming.

(h) The brought-in conventional animals mentioned in subregulation (1)(e), (f) and (g) shall be subject to the conversion periods prescribed for the animals in subregulation (3)(c).

(i) All brought-in conventional animals must come from extensive husbandry practices.

(2) Organically produced animals shall comply with the following production practices:

(a) Management of the animal environment shall take into account the beha­viour/needs of the animals and provides for:

(i) Access to grazing appropriate to the type of animal and season: Pro­vided that when grazing can't be provided the animals shall have access to open air appropriate to the type of animal and season, taking into account their age and condition.

(ii) Sufficient free movement in free-range, open-air exercise areas or open air runs, which may be partially covered.

(iii) Sufficient fresh air and natural daylight according to the needs of the animals.

(iv) Protection against excessive sunlight, temperatures, rain and wind according to the needs of the animals and the local weather con­ditions.

(v) Stock densities in buildings shall be such as to allow adequate area according to the needs of the animals such as standing, lying, groo­ming, turning around, stretching and wing flapping.

(vi) Natural materials shall be used for animals requiring bedding and ample dry bedding should be provided in the rest area.

(vii) Ample access to water and feed according to the needs of the ani­mals.

(viii) Adequate facilities for expressing behaviour in accordance with the biological and ethological needs of the species.

(ix) No construction materials or production equipment shall be used in a way that may significantly harm human and animal health.

(x) Poultry, rabbits and pigs shall not be kept in cages.

(xi) Herd animals shall not be kept individually.

(xii) Keeping livestock tethered is forbidden.

(xiii) Housing construction must ensure that air circulation, dust level, tem­perature, relative humidity and gas concentration are kept within limits not harmful to the animals: Provided that housing is not mandatory in areas with appropriate climatic conditions.

(xiv) The minimum surface areas for perches, indoor housing and outdoor exercise areas are laid down in Annexure IV.

(xv) Herbivores must have access to grazing/pastures whenever condi­tions allows.





(xvi) At least half the floor area of livestock housing must be solid, not of slatted or of grid construction and the floors must not be slippery: Provided that the area may be reduced to one third for poultry.

(xvii) Calves may not be housed in individual boxes after the age of one week.

(xviii) Sows must be kept in groups except in the last stages of pregnancy and during the suckling period and piglets may not be kept on flat decks or in piglet cages.

(xix) The exercise areas for pigs must permit dunging and rooting by the animals.

(xx) Water fowl must have access to a stream, pond or lake.

(xxi) Poultry houses/buildings must have exit/entry pop-holes of adequate size for the birds and the pop-holes must have a combined length of at least 4 m per 100 m² of the house/building.

(xxii) Each poultry house/building may not contain more than 4 800 chickens, 3 000 laying hens, 5 200 guinea fowl, 4 000 female mus­covy and peking ducks, 3 200 male Muscovy or Peking ducks or other ducks, 2 500 capons, geese or turkeys and the total usable area of poultry houses/buildings for meat production on any single production unit must not exceed 1 600 m².

(xxiii) Poultry buildings must be emptied of livestock between each batch of poultry reared, cleaned and disinfected and the open air runs must be left empty in order for the vegetation to grow back.

(b) Landless animal husbandry operations shall not be allowed.

(c) When natural day length is prolonged by artificial lighting maximum hours respective to species, geographical considerations and general health of ani­mals, shall be used: Provided that for poultry a maximum of 16 hours light per day is permitted followed by a continuous nocturnal rest period without artificial lighting for at least eight hours.

(d) Physical castration is allowed.

(e) Mutilation shall not be allowed, with possible exceptions for castration, tail docking of lambs, dehorning and ringing: Provided that suffering shall be minimised, anaesthetics used where appropriate, operations are carried out at the most appropriate age and the treatments are intended to improve the health, welfare or hygiene of the animals.

(f) The allowed feed and substances used in feeding stuffs as well as the fodder preservatives and processing aids for silage are indicated in Annexure V: Provided that the operator regularly evaluates the feed and substances used on the operation against the criteria in Annexure I to re-confirm the organic status thereof or to identify possible alternatives that are of better organic status.

(g) Animals should be fed 100% organic feed: Provided that --






(i) in the case of herbivores at least 50% of the feed shall come from the operation itself or be produced in co-operation with other organic operations in the region;

(ii) up to 30% of the feed formula or rations on average may comprise of in-conversion feed or up to 60% if the feed comes from the operation itself;

(iii) feed from conventional operation origin may be allowed, in situations where it is impossible to obtain adequate organic feed, to a maximum of 5% dry matter for herbivores and 10% dry matter for other species (calculated on an annual basis);

(iv) at least 60% of the dry matter in daily rations of herbivores shall con­sist of roughage, fresh or dried fodder, or silage;

(v) roughage, fresh or dried fodder, or silage must be added to the daily ration for pigs and poultry; and

(vi) the feed formula used in the fattening stage of poultry must contain at least 65% cereals.

(h) The following products may not be included in, nor added to the feed or in any other way be given to the animals:

(i) Synthetic appetisers.

(ii) Preservatives, except when used as processing aids.

(iii) Artificial colouring agents.

(iv) Urea.

(v) Farm animal by-products, with the exception of those listed in Annexure V.

(vi) Droppings, dung or other manure.

(vii) Feed subjected to solvent extraction or the addition of other chemical agents.

(viii) Pure amino acids.

(ix) Substances such as antibiotics, coccidiostatics, medical substances, growth regulators for production, stimulation or suppression of natural growth.

(x) Hormones for heat induction and heat synchronisation unless used for an individual animal against reproductive disorders, justified by vete­rinary indications.

(i) Force feeding is forbidden.

(j) Young stock from mammals shall be raised on organic milk, preferably from their own species.

(k) Minimum weaning times shall be --

(i) three months for bovines and equidae;

(ii) 45 days for sheep and goats; and

(iii) 40 days for pigs.

(l) Disease prevention shall be based on the following:

(i) The selection of appropriate breeds or strains of animals.

(ii) The application of animal husbandry practices appropriate to the re­quirements of each species.

(iii) The use of high quality feed, together with regular exercise and access to pasturage.

(iv) Assuring an appropriate density of livestock.

(m) The well-being of the animals is the primary consideration in the choice of illness treatment and a sick or injured animal must be treated immediately.

(n) The use of veterinary medicinal products shall comply with the following:

(i) Phytotherapeutic, homeopathic and trace elements and other sub­stances listed in Part 3 of Annexure V, shall be used in preference to chemically-synthesised allopathic veterinary medicinal products or antibiotics.

(ii) If the products in (n)(i) are not, or is unlikely to be, effective in com­bating illness or injury, chemically-synthesised allopathic veterinary medicinal products or antibiotics may be used under the responsibility of a veterinarian.

(iii) The use of chemically-synthesised allopathic veterinary medicinal pro­ducts or antibiotics for preventive treatment is prohibited.

(iv) The use of substances to promote growth or production, the use of hormones and similar substances to control growth or reproduction, are prohibited: Provided that the substances may be used for an individual animal against reproductive disorders, justified by veterinary indications.

(v) When veterinary medicinal products are used it must be recorded together with the details of the diagnosis, method of administration, duration of treatment and legal withdrawal period.

(vi) Livestock treated must be clearly identified, individually in the case of large animals and individually or by batch in the case of poultry and small animals.

(vii) Vaccinations, treatments for parasites as well as legally required vete­rinary treatments to animals, buildings, equipment and facilities shall be allowed, including cases where a disease has been recognised as present in a specific area and these treatments may include gene­tically modified organisms and products derived from such organisms.

(viii) When allopathic veterinary medicinal products are used the with­drawal period shall be at least double the legal period or at least 48 hours when no withdrawal period is specified.




(ix) With the exception of the treatments as indicated in (n)(vii), where an animal or a group of animals receive more than two courses of treat­ments with chemically-synthesised allopathic veterinary medicinal pro­ducts or antibiotics within one year, the animals must again undergo the prescribed conversion periods.

(3) Organically produced animals and the land and feed associated with their production are subject to the following conversion practices:

(a) The conversion periods for products from plant origin, as prescribed in regu­lation 5(3), shall apply to pastures, meadows, land and their products used for feed and grazing.

(b) The conversion period shall be reduced to one year for pastures, open air runs and exercise areas used by non-herbivore species: Provided that the conversion period can be reduced to six months by the approved certifying organisation if guarantees/proof can be obtained that the conversion practices have been met.

(c) Animal products can be certified organic after the animals on the operation or relevant part thereof has been under conversion for at least --

(i) nine months in the case of equidae and bovines for meat production;

(ii) six months in the case of small ruminants and pigs;

(iii) six months in the case of animals for milk production;

(iv) 10 weeks for poultry for meat production, brought in before they are three days old; and

(v) six weeks in the case of poultry for egg production.

(4) Organically produced animals shall be transported and slaughtered as follows:

(a) The handling during transport and slaughter shall be gentle without the use of electric sticks and such instruments.

(b) Slaughter and transportation standards shall take into consideration:

(i) Stress caused to the animal.

(ii) Fitness of the animal.

(iii) Loading and unloading.

(iv) Mixing different groups of animals or animals of different sex.

(v) Quality and suitability of mode of transport and handling equipment.

(vi) Temperature and relative humidity.

(vii) Hunger and thirst.

(viii) Specific needs of each animal.

(c) No chemically or synthesised tranquillisers/sedatives or stimulants shall be given prior to or during transport.

(d) Each animal or group of animals shall be identifiable during transport and slaughter.

(e) Slaughterhouse journey times shall not exceed eight hours.

(f) For poultry, the minimum age at slaughter shall be --

(i) 81 days for chickens;

(ii) 150 days for capons;

(iii) 49 days for Peking ducks;

(iv) 70 days for female Muscovy ducks;

(v) 84 days for male Muscovy ducks;

(vi) 92 days for Mallard ducks;

(vii) 94 days for guinea fowl;

(viii) 140 days for turkeys and roasting geese; and

(ix) where producers do not apply these minimum slaughter ages, they must use slow-growing strains.

(5) Livestock manure shall be handled as follows:

(a) Stocking density shall be such that the total amount of manure applied per hectare shall not exceed 170 kg of Nitrogen per year/hectare of agricultural area used.

(b) The density of livestock equivalent to 170 kg of Nitrogen per year/hectare is given in Annexure VI to be used as a guideline.

(c) Storage facilities for livestock manure must be of a capacity to prevent the pollution of water by direct discharge or by run-off or infiltration of the soil.

(6) Organic livestock and livestock products shall be identified at all stages of their pro­duction, preparation, transport and marketing.

Standards for organic bee keeping

7. Organic bee keeping shall comply with the following production practices:

(1) Hives shall be situated in organically managed fields and shall be collected as pre­scribed in regulation 5(5).

(2) Feeding may only take place --

(a) after the last harvest and before the next season;

(b) where the survival of the hives is endangered due to extreme climatic con­ditions;

(c) if the feed consist of certified organic honey, sugar syrup, sugar molasses; and

(d) if the following information is recorded with regard to the feeding: Type of pro­duct, dates, quantities and hives where used.

(3) The foundation comb shall be made of organic wax.

(4) The bee hive shall primarily consist of natural materials and the use of materials with poten­tially toxic effects are prohibited.

(5) Mutilation such as wing clipping is not allowed.

(6) Artificial insemination is not allowed.

(7) Destruction of bees in the combs as harvesting method is prohibited.

(8) When working with bees no repellent consisting of prohibited substances, such as synthetic repellents, shall be used.

(9) Replacement of the queen bees involving the killing of the old queen is permitted.

(10) Beekeeping products can be sold as organic only when the provisions of these regula­tions have been met for at least one year.

(11) Simultaneous conventional and organic production are allowed: Provided that the hives are clearly identified and conventional and organic hives are sited at least 6 km from each other.

(12) The siting of the hives during production must --

(a) ensure sufficient natural nectar, honeydew and pollen sources and access to water;

(b) be such that, within a radius of at least 3 km from the hive, nectar and pollen sources consist essentially of organic crops; and

(c) maintain enough distance from any non-agricultural sources that can possibly lead to contamination.

(13) New hives must be established by means of colonies or the acquisition of swarms from units complying with the provision of these regulations: Provided that 10% per year of queen bees and swarms not complying with the provisions of these regulations can be incorporated into organic production without undergoing the conversion period.

(14) Hives must be left with reserves of honey and pollen sufficiently abundant to survive lean times.

(15) Disease prevention shall be based on the following:

(i) The selection of appropriate breeds.

(ii) The application of practices encouraging resistance to disease and the preven­tion of infections, such as regular renewal of queen bees, systematic inspection of hives to detect any health anomalies, control of male broods in the hives, disinfecting of materials and equipment at regular intervals, destruction of conta­minated material or sources, regular renewal of beeswax and sufficient reserve of pollen and honey in hives.

(16) The use of veterinary medicinal products shall comply with the following:






(a) Phytotherapeutic and homeopathic products shall be used in preference to chemically-synthesised allopathic veterinary medicinal products.

(b) If the products in (a) are not, or is unlikely to be, effective in combating illness or injury, chemically-synthesised allopathic veterinary medicinal products or antibiotics may be used under the responsibility of a veterinarian.

(c) The use of chemically-synthesised allopathic veterinary medicinal products or antibiotics for preventive treatment is prohibited.

(d) For pest and disease control and for hive disinfection the following substances may be allowed: Provided that the operator regularly evaluates the substances used on the operation against the criteria in Annexure I to re-confirm the organic status thereof or to identify possible alternatives that are of better organic status:

(i) Caustic soda.

(ii) Lactic, oxalic, acetic acid.

(iii) Formic acid.

(iv) Sulphur.

(v) Menthol, thymol, eucalyptol or camphor.

(vi) Bacillus thuringiensis.

(vii) Physical treatments such as steam or direct flame.

(viii) Products listed in Annexure III.

(e) When veterinary medicinal products are used it must be recorded together with the details of the diagnosis, the posology, method of administration, dura­tion of treatment and legal withdrawal period.

(f) When chemically-synthesised allopathic products are used for treatment, then --

(i) the hives must be placed in isolation;

(ii) the wax must be replaced; and

(iii) the conversion period of one year will apply.

(g) Any veterinary treatment or treatments to hives, combs, etc., which are com­pulsory under national legislation shall be authorised.

(17) Hives must be identified and records must be kept of where the hives are kept, their movement or removal of supers and extraction.

Processing, handling, packaging, storage, distribution and retailing of organically produced products

8. (1) All equipment, vehicles and re-usable containers used for conventional product shall be properly cleaned and free from residues before being used for organically produced products: Provided that dedicated lines are preferred.




(2) Material used for packaging shall not contaminate the products and the use thereof shall take into consideration the effect it may have on the environment: Provided that if second hand containers such as carton boxes are used for packing or transport, special care must be taken to prevent contamination of the product.

(3) Organically produced products shall be protected from co-mingling with non-organic produced products during processing, handling, packaging, storage, distribution and retailing.

(4) All products shall be adequately identified through the whole process.

(5) Methods shall be set to prevent and control pollutants and contaminants.

(6) Decontamination, cleaning and/or disinfection programmes shall be set for facilities where organic products are kept, handled, processed, stored and sold.

(7) The following treatments/conditions of storage are permitted:

(a) Modified and controlled atmosphere.

(b) Temperature control.

(c) Drying.

(d) Humidity regulation.

(8) The ingredients of non-agricultural origin allowed in processing of organically produced products as well as the permitted processing aids are indicated in Annexures VII and VIII: Provided that --

(a) they are indispensable for ensuring the safety of the food;

(b) they are essential to prepare or preserve such food; or

(c) they are legally required.

(9) The operator must regularly evaluate the substances indicated in Annexures VII and VIII which are used on the operation against the criteria in Annexure I to re-confirm the organic status thereof or to identify possible alternatives that are of better organic status.

(10) Synthetic dyes may not be used for cosmetic alteration of organic product.

(11) The following processes are permitted:

(a) Mechanical and physical.

(b) Biological.

(c) Smoking.

(d) Extraction.

(e) Precipitation.

(f) Filtration.

(g) Distillation.



(12) Extraction shall only take place with water, ethanol, plant and animal oils, vinegar, carbon dioxide, nitrogen or carboxylic acids of food grade quality as indicated in Annexure VIII.

(13) Filtration substances shall not contain asbestos or other substances that can nega­tively affect the product.

Pest and disease control

9. (1) The following measures should be used in order of priority:

(a) Preventative methods such as disruption, elimination of habitat and access to facilities.

(b) Mechanical, physical and biological methods.

(c) The substances allowed in the Annexures.

(d) Substances used in traps.

(2) Prohibited substances, such as pesticides not listed in Annexure III, should not come in contact with organic products.

Cleaning, disinfection and sanitising

10. (1) A list of the cleaning, disinfecting and sanitising agents allowed for buildings and installations is indicated in Annexure IX: Provided that the operator regularly evaluates the agents used on the operation against the criteria in Annexure I to re-confirm the organic status thereof or to identify possible alternatives that are of better organic status.

(2) Necessary precautions shall be taken to protect organic food against contamination by cleaning, disinfecting and sanitising not approved for use in certified organic facilities.

(3) Organic food may come into contact with surfaces where approved cleaner, sanitizer or disinfectant has been used only after any one of the intervening events, as listed below, have been used:

(i) Hot water rinse.

(ii) Flush with organic products, that may not be sold as organic.

(iii) Adequate time for the substance to volatilise.

(4) An organic cleaning procedure, suitable for the type of operation, must be established and documented.

(5) Monitoring must take place to determine the adequacy of the cleaning procedure and whether the equipment and/or finished products are free of detergent and sanitiser residues.

(6) Residues of boiler water additives shall be prevented from coming into contact with organic food.










Labelling and marking requirements for organically produced products

11. (1) Organically produced products from plant origin in conversion may be marked as "produce of organic agriculture in process of conversion" or "organic in conversion" or with a similar expression having the some meaning, after a conversion period of 12 months: Provided that --

(i) the product contains only one crop ingredient from agricultural origin; and

(ii) the expression is indicated in letters of the same size, type and colour and the word "organic" may not be more prominent than the rest of the expression.

(2) Organically produced products from plant and animal origin may be marked as "product of organic agriculture", "organic", “organically produced", "certified organic" or with a similar expression having the same meaning.

(3) A registered distinctive mark, indicating that that the products are covered by the inspection scheme of an approved certifying organisation shall appear on the labelling of organically produced products: Provided that, subject to the provisions of regulation 2, no label of a product may refer to organic production methods without indicating a distinctive mark of the approved certifying organisation.

(4) Products covered by these regulations which are not in final packaging may be trans­ported to other premises only in appropriate packaging or containers which are adequately labelled and identified to include all of the following:

(a) The name and address of the person responsible for the production or pre­paration of the products.

(b) The name of the product.

(c) The certification carried by the product.

(d) An indication specifying that the product is covered by the regular inspection arrangements of an approved certifying organisation.

(5) Mixed products may be labelled in the following way (raw material weight):

(a) Where a minimum of 95% of the ingredients are of organic agricultural origin, products may be labelled as organic or similar description and shall carry the distinctive mark of the approved certifying organisation: Provided that the balance of the ingre­dients of the products may only be --

(i) ingredients of non-agricultural origin as indicated in Annexure VII;

(ii) ingredients which have not been produced organically as indicated in Annexure X; and

the operator regularly evaluates the ingredients used on the operation against the criteria in Annexure I to re-confirm the organic status thereof or to identify possible alternatives that are of better organic status.








(b) Where less than 95% but not less than 70% of the ingredients are of organic origin the word “organic” may be used on the principal display panel only in expressions like “made with organic ingredients” and appearing with the distinctive mark of the approved certifying organisation: Provided that --

(i) the expression is indicated in letters of the same size, type and colour and the word "organic" may not be more prominent than the rest of the expression;

(ii) there is a clear statement in the ingredients list of the proportion of the organic ingredients;

(iii) the balance of the ingredients of the products may only be ingredients of non-agricultural origin as indicated in Annexure VII and ingre­dients which have not been produced organically as indicated in Annexure X; and

(iv) the operator regularly evaluates the ingredients used on the operation against the criteria in Annexure I to re-confirm the organic status thereof or to identify possible alternatives that are of better organic status.

(c) Where less than 70% of the ingredients are of certified organic origin, the indication that an ingredient is organic may appear in the ingredient list.

(d) Added potable water and salt shall not be included in the percentage calcu­lations of organic ingredients.

(6) No wording, mark, illustration, depiction or any other method of expression that consti­tutes a misrepresentation or directly or by implication creates or may create a misleading impression regarding the quality, nature, class, origin or composition of organically produced products and orga­nically products in conversion shall be marked on a container of such products.

Inspection and certification

12. (1) Only approved certifying organisations, complying with the requirements of regulation 13, may inspect and certify organically produced products.

(2) All organically produced products must be certified through an approved certifying organisation: Provided that the operator and operation shall be regarded as an integral part of the product.

(3) Inspection shall include the whole system (from production to market).

(4) Imported products shall be subject to certification by an approved certifying organi­sation/body in the country of origin that must issue a certificate of inspection stating that the lot designated in the certificate --

(a) was obtained within a system of production applying standards at least equi­valent to those indicated in these regulations; and

(b) was subject to a system of inspection and certification recognised as equi­valent to that prescribed in these regulations.








Inspection and certification programme

13. (1) In order to become an approved certifying organisation, an organisation must make an application to the Executive Officer, and if the organisation complies with the criteria set out in subregulation (2) to (15) the Executive Officer may request the Minister to appoint the organisation as an assignee and register a distinctive mark for the approved certifying organisation.

(2) A certifying organisation shall have a detailed organic operation manual, based on the interpre­tation of the specifications of these regulations, which shall be subject to approval by the Exe­cutive Officer: Provided that the organic operation manual may form part of the documented manage­ment system of the organisation mentioned in subregulation (3).

(3) For an organisation to become an approved certifying organisation, the following also have to be complied with:

(a) A management system which describes the operation of the organisation in­cluding--

(i) a regular internal audit and management review programme;

(ii) maintenance of appeal and complaints procedure; and

(iii) the inspection procedures to be used, including a detailed description of the inspection measures and precautions which the organisation undertakes to impose on operators subject to its inspection.

(b) The actions which the organisation intends to take where irregularities are found.

(c) The availability of appropriate resources in the form of qualified staff, admi­nistrative and technical facilities, inspection competence and reliability.

(d) The objectivity, impartiality and transparency of the organisation with respect to the operators subject to its inspection.

(e) SANAS accreditation to ISO/IEC GUIDE 65: General requirements for bodies operating product certification systems.

(4) Before and after an organisation has become an approved certifying organisation the Executive Officer shall --

(a) ensure that the inspections and decision-making procedures carried out by the organisation are objective;

(b) verify the effectiveness of the organisation's inspections; and

(c) withdraw the approval of any certifying organisation where it fails to satisfy the requirements referred to in these regulations.

(5) An approved certifying organisation shall --

(a) send to the Executive Officer, for compliance purposes only by 30 April each year a list of operators subject to their inspection on 31 March of the same year;

(b) present to the Executive Officer a concise annual report;





(c) not disclose information and data it obtains in its inspection activities other than to the operator responsible for the undertaking concerned and, on a con­fidential basis to the Executive Officer;

(d) make available to the Executive Officer, for audit purposes access to offices and facilities together with all information and assistance deemed necessary to establish compliance with these regulations; and

(e) be subject to auditing by the Executive Officer.

(6) In order for an operator to apply for certification by an approved certifying organisation, a formal application form, requesting relevant information, shall be used.

(7) The approved certifying organisation shall ensure that an applicant signs an undertaking to carry out the requirements in accordance with these regulations.

(8) The approved certifying organisation shall prescribe the keeping of up to date records covering production, processing, handling, transport, storage and sale of organic products as well as documentary accounts to enable the approved certifying organisation to trace the origin, nature and quantities of all raw material brought in and the use of such materials, including the nature, quantities and consignees of all certified agricultural products.

(9) The operator must undertake to give the inspector free access to the production, processing, packaging, storage and retailing area and premises as well as to the accounts and rele­vant supporting documents deemed necessary for the purposes of the inspection.

(10) A testing programme should be carried out where there is any basis for concern or possible contamination of soil and products with chemicals and heavy metals.

(11) Apart from annual full physical inspections in accordance with its rules of operation, an approved certification organisation must make unannounced inspection visits to at least 15% of the units as well.

(12) The approved certifying organisation shall be required to undertake at least the following for inspection --

(a) with the operator, draw up a full description of the operation, showing the storage and production premises and land parcels and/or collection areas, livestock buildings, pastures and open-air exercise areas, packaging and processing areas, raw materials and inputs, storage of compost and manure, and any other description that may be relevant in ensuring compliance with the provisions of the regulations;

(b) with the operator, draw up all the practical measures to be taken by the ope­rator at operation-level to ensure compliance with the provision of these regu­lations, including management plans, planting schedules, feeding schedules;

(c) be notified by the operator of its schedule of production of crops including a break­down by land parcel, and harvesting times.

(d) review the questionnaire with the operator noting any misunderstandings, dis­crepancies, or departures from original application;

(e) inspect the operations, storage, handling and marketing facilities;





(f) include in the inspection the production units, storage premises, processing areas and inputs of products not produced according to the provisions of these regulations and ensure that these products are adequately separated from organic product throughout the whole production process;

(g) ensure that written and/or documentary accounts are kept by the operator which enable the approved certifying organisation to trace the origin, nature and quan­tities of all raw materials bought, the use of such materials, the nature, quan­tities and consigners of all agricultural products sold or arriving at the holding, and any other records that may be relevant in ensuring compliance with the provisions of these regulations;

(h) review the quality and safety management system for the operator; and

(i) prepare a detailed inspection report and recommendation.

(13) An approved certifying organisation must accommodate the certifying of very small operators by for example allowing for the certification of group schemes or certification under a guardian or any other type of incentive.

(14) An approved certifying organisation must --

(a) ensure that, where a product carries reference to the approved certifying orga­nisation and does not comply with the requirements of these regulations, all non-com­plying product is removed from sale; and

(b) where a manifest infringement, or an infringement with prolonged effects is found, withdraw from the operator concerned the right to use the labelling indications covered by these regulations for a period which it deems appropriate.

(15) The approved certifying organisation must issue a certificate of inspection stating that the organic product designated in the certificate --

(a) was obtained within an operation applying the prescribed regulations; and

(b) was subject to a system of inspection.

Offences and penalties

14. Any person who contravenes or fails to comply with the provisions of these regulations shall be guilty of an offence and upon conviction be liable to a fine or imprisonment in accordance with section 11 of the Act.


ANNEXURE I

CRITERIA TO EVALUATE INPUTS TO ORGANIC AGRICULTURE

1. The inputs (products and/or substances) to organic agriculture must be certified as organic by an approved organic certifying organisation.

2. If the input (products and/or substances) to organic agriculture is not an organic input or certified by an approved organic certifying organisation, but allowed by the prescribed practices in these regulations, then the following criteria (where applicable) must be used to evaluate the input --

(a) the input must be essential for achieving or to fulfil specific needs or requirements for specific purposes which cannot be satisfied by the practices outlined in these regulations;

(b) the input must be regularly evaluated to determine whether there are alternatives available that are certified as organic or more in line with the principles of organic production, especially where the input is of non-organic origin allowed by these regulations;

(c) the input must be able to satisfy the principles of organic production as indicated under the definition for “organic” in these regulations;

(d) the inputs must be of plant, animal, microbial or mineral origin which were produced by the following processes --

- physical
- enzymatic;
- microbial; and

may not be synthetic (i.e. a substance that is formulated or manufactured by a chemical process or by a pro­cess that chemically changes a substance extracted from naturally occurring plant or animal sources: Provided that this requirement shall not apply to substances created by naturally occurring biological processes);

(e) the inputs must not be genetically modified organisms and products (i.e. organisms or products produced through techniques in which the genetic material has been altered in a way that does not occur natu­rally by mating and or natural recombination);

(f) the input must not be from industrial management systems that are heavily reliant on veterinary and feed inputs not permitted in organic agriculture (i.e. “factory farming”);

(g) the use of irradiation is not allowed in production and processing of inputs;

(h) the use of the input must not result in, or contribute to, unacceptable effects on, or contamination of, the environment (must contribute to the improvement of landscape and biodiversity);

(i) the use must not have unacceptable effects on the quality and food safety of the final product;

(j) legally required inputs and treatments (i.e. where there are no legal alternatives) to plants, animals, buildings, equipment and facilities are allowed and may include gene­tically modified organisms and products derived from such organisms; and








(k) inputs used must comply with any other relevant legi­slation applicable to the products/substances, and in the absence thereof the use must be in accordance with good practices.





ANNEXURE II

SUBSTANCES FOR USE IN SOIL FERTILIZING AND CONDITIONING

SUBSTANCE
DESCRIPTION; COMPOSITIONAL REQUIREMENTS; CONDITIONS OF USE
Farmyard and poultry manure
Products comprising a mixture of animal excre­ments and vegetable matter (animal bedding).
Need recognised by the approved certifying organisation if not sourced from organic pro­duction systems.
Indication of animal species.
Coming from extensive farming only.
Intensive farming sources must be composted.

Slurry or urine (not from human origin)
If not from organic sources, need recognised by the approved certifying organisation.
Use after controlled fer­mentation and/or appro­priate dilution.
Factory farming sources not permitted.
Indication of animal species.

Composted animal excrements, including poultry manure
Factory farming sources not permitted.
Need recognised by the approved certifying organisation.
Indication of animal species.

Dried farmyard manure and dehydrated poultry manure
Need recognised by the approved the certifying organisation.
Indication of animal species.
Coming from extensive farming only.
Intensive farming sources must be composted

Guano
Need recognised by the approved certifying organisation.

Straw
Need recognised by the approved certifying organisation.

Composts from spent mushroom & dejecta of worms and insects (vermiculture substrates)
The initial composition limited to products on this list.

Composted or fermented organic household refuse
Organic vegetable and animal waste separated from household waste, which has been sub­mitted to composting or anaerobic fermentation for biogas production.
Need recognised by the approved certifying organisation.
Maximum concentrations in mg/kg of dry matter: Cadmium: 0,7; Copper: 70; Nickel: 25; Lead: 45; Zinc: 200; Mercury: 0,4; Chromium (total): 70; Chromium (VI): 0(*).
(*) = limit of determination.






Composted or fermented plant residues
Need recognised by the approved certifying organisation.
Mixtures of plant matter which has been sub­mitted to composting or anaerobic fermentation for biogas production.

Processed animal products from slaughterhouses & fish industries:

- blood meal
- hoof meal
- horn meal
- bone meal or degelatinized bone meal
- fish meal
- meat meal
- feather, hair and "chiquette" meal
- wool
- fur


- hair
- dairy products

Need recognised by the approved certifying organisation.

-
-
-
-
-
-
-
-
maximum concentration in mg/kg of dry matter of Chromium (VI):0 (*).
(*) = limit of determination
-
-
By-products of food & textile industries
Not treated with synthetic additives.
Need recognised by the approved certifying organisation.

Seaweeds and seaweeds products
Need recognised by the approved certifying organisation.
Directly obtained by --
physical processes;
extraction with water or acid and/or alkaline solution; and
fermentation.

Sawdust, bark and wood waste
From wood not chemically treated after felling.

Wood ash
From wood not chemically treated after felling.

Natural phosphate rock
Need recognised by the approved certifying organisation.
Cadmium should not exceed 90 mg/kg of P205.

Basic slag
Need recognised by the approved certifying organisation.

Rock potash, mined potassium salts (e.g. kainite, sylvinite)
Need recognised by the approved certifying organisation.

Potassium sulphate, possibly containing magnesium salt
Obtained by physical procedures but not enriched by.
Need recognised by the approved certifying organisation.
Derived from crude potassium salt.


Calcium carbonate of natural origin (e.g. chalk, marl, maerl, limestone, phosphate chalk)

-

Magnesium and calcium carbonate of natural origin (e.g. magnesian chalk, ground magnesium limestone)

-


Industrial lime from sugar production

Need recognised by the approved certifying organisation.

Epsom salt (magnesium-sulphate)
-

Gypsum (calcium sulphate)
Only of natural origin.

Stillage and stillage extract
Ammonium stillage excluded.

Sodium chloride
Only mined salt.
Need recognised by the approved certifying organisation.

Aluminium calcium phosphate
Cadmium should not exceed 90 mg/kg of P2O5.
Use lmited to basic soils (pH > 7,5).

Trace elements (e.g. boron, copper, iron, mangese, molybdenum, zinc)
Need recognised by the approved certifying organisation.


Sulphur
Need recognised by the approved certifying organisation.

Stone meal
-

Clay (e.g. bentonite, vermiculite, perlite, zeolite)
-

Naturally occurring biological organisms (e.g. worms)
-

Peat
Excluding synthetic additives; permitted for seed, potting module composts (limited to hor­ticulture).

Calcium chloride solution
Need recognised by the approved certifying organisation.
Foliar treatment of apple trees after identification of deficit of calcium.

By-products of industries processing ingredients from organic agriculture
Need recognised by the approved certifying organisation.




ANNEXURE III

SUBSTANCES FOR PLANT PEST AND DISEASE CONTROL, WEED
MANAGEMENT AND GROWTH REGULATION

SUBSTANCE
DESCRIPTION; COMPOSITIONAL REQUIREMENTS; CONDITIONS FOR USE

I. Plant and Animal


Preparations on basis of pyrethrums extracted from Chrysanthemum cinerariaefolium, containing possibly a synergist.

Need recognised by the approved certifying organi­sation.
Insecticide.

Preparations of Rotenone from Derris spp, Lonchocarpus, Thephrosia spp.
Need recognised by the approved certifying organi­sation.
Insecticide.

Preparations from Quassia amara
Insecticide, repellent.

Azadirachtin extracted from Azadirachta indica (Neem tree)
Need recognised by the approved certifying organi­sation.
Insecticide.

Plant oils (e.g. mint oil, pine oil, caraway oil)
Insecticide, acaricide, fungicide and sprout inhibitor.

Gelatine
Insecticide.

Lecithin
Fungicide.

Extract (aqueous solution) from Nicotiana tabacum

Insecticide.
Only against aphids in subtropical fruit trees (e.g. oranges, lemons) and tropical crops (e.g. bananas); use only at the start of the vegetation period.
Need recognised by the approved certifying organi­sation.

Bees wax

Pruning agent.
II. Mineral


Copper salts (copper hydroxide, copper oxychlo­ride, tribasic copper sulphate, cuprous oxide)

Need recognised by the approved certifying organisation.
Fungicide.
Shall not exceed 6kg copper/ha or 38kg copper/ha for perennial crops.

Lime sulphur (calcium polysulphide)
Need recognised by the approved certifying organisation.
Fungicide, insecticide, acaricide.

Sulphur
Fungicide, acaricide, repellent.

Potassium permanganate
Fungicide, bactericide.
Only in fruit trees, olive trees, vines.

Paraffin oil
Insecticide, acaricide.

Mineral oils
Insecticide, fungicide.
Only in fruit trees, vines, olive trees and tropi­cal crops (e.g. bananas).
Need recognised by the approved certifying organi­sation.

Ethylene

Degreening bananas.
Potassium alum (kalinite)

Prevention of ripening of bananas.
Quartz sand

Repellent.
III. Micro organisms used for biological pest controls


Micro-organisms (bacteria, viruses, fungi) e.g. Bacillus thuringiensis, Granulosis virus, etc.
Need recognised by the approved certifying organisation.

IV. Other


Potassium soap (soft soap)
Insecticide.

V. Traps


Pheromone preparations
Insecticide attractant: Sexual behaviour disruptor.
Only in traps and dispensers.

Preparations on the basis of metaldehyde
Containing a repellent to higher animals spe­cies and as far as applied in traps.
Molluscicide.

Pyrethroids (only deltamethrin or lambda­cyha­lothrin)
Insecticide.
Only in traps with specific attractants.
Only against Batrocera oleae and Ceratitis species.
Need recognised by the approved certifying organisation.

Diammonium phosphate
Attractant.
Only in traps.

VI. Spread between cultivated plants


Iron III orthophosphate
Molluscicide.


Nature identical products such as pheromones, which are chemically synthesised may be considered if the products are not available in sufficient quantities in their natural form: Provided that the conditions for their use do not directly or indirectly contribute to contamination of the environment or the product.
ANNEXURE IV

MINIMUM SURFACE AREAS INDOORS AND OUTDOORS AND OTHER
CHARACTERISTICS OF HOUSING IN THE DIFFERENT SPECIES AND
TYPES OF PRODUCTION

1. BOVINES, OVINES AND PIGS


INDOOR AREA
(net area available to animals)
OUTDOOR AREA
(exercise area, excluding pasturage)

Live weight
minimum (kg)
m²/head
m²/head
Breeding and fattening bovine and equidae
Up to 100

Up to 200

Up to 350

Over to 350
1,5

2,5

4,0

5 with a minimum of 1 m²/100 kg
1,1

1,9

3

3,7 with a minimum of 0,75 m²/100 kg

Dairy cows

6
4,5

Bulls for breeding

10
30

Sheep and goats

1,5 sheep/goat
0,35 lamb/kid
2,5
2,5 with 0,5 per lamb/kid

Farrowing sows with piglets up to 40 days


7,5 sow
2,5
Fattening pigs
Up to 50

Up to 85

Up to 100

0,8

1,1

1,3
0,6

0,8

1
Piglets

Over 40 days and up to 30 kg

0,6
0,4

Brood pigs

2,5 female

6,0 male
1,9

8,0
















2. POULTRY


INDOOR AREA
(net area available to animals)

OUTDOOR
AREA
(m² of area available in rotation/head)
No animals/m²
cm perch/animal
nest
Laying hens
6
18
8 laying hens per nest or in case of common nest 120 cm²/bird
4, provided that the limit of 170 kg of N/ha/
year is not exceeded


Fattening poultry
(in fixed hou­sing)
10 with a maximum of 21 kg live weight/m²
20
(for guinea fowl only)

4 broilers and guinea fowl
4,5 ducks
10 turkey
15 geese
In all the species men­tioned above the limit of 170 kg of N/ha/year must not be exceeded

Fattening poul­try in mobile housing
16 in mobile poultry houses with a maximum of 30 kg live weight/m²



2,5, provided that the limit of 170 kg of N/ha/
year is not exceeded




ANNEXURE V

FEED MATERIALS, FEED ADDITIVES, PROCESSING
AIDS AND SUBSTANCE USED IN FEEDING STUFFS

1. FEED MATERIALS FROM PLANT ORIGIN

1.1 Cereals, grains, their products and by-products. Included in this category are the following:

Oats as grains, flakes, middlings, hulls and bran; barley as grains, protein and middlings; rice germ expeller; millet as grains; rye as grains and middlings; sorghum as grains; wheat as grains, middlings, bran, gluten feed, gluten and germ; spelt as grains; triticale as grains; maize as grains, middlings, bran, germ expeller and gluten; malt culms; and brewers' grains.

1.2 Oil seeds, oil fruits, their products and by-products. Included in this category are the following:

Rape seed, expeller, and hulls; soya bean as bean, toasted, expeller and hulls; sunflower seed as seed and expeller; cotton as seed and seed expeller; linseed as seed and expeller; sesame seed as seed and expeller; palm kernels as expeller; pumpkin seed as expeller; olive pulp (from physical extraction of olives); and vegetable oils from physical extraction.

1.3 Legume seeds, their products and by-products. Included in this category are the following:

Chick peas as seeds, middlings and bran; ervil as seeds, middlings and bran; chickling vetch as seeds submitted to heat treatment; peas as seeds, middlings and bran; broad beans as seeds, middlings and bran; horse beans as seeds, middlings and bran; vetches as seeds, middlings and bran; and lupin as seeds, middlings and bran.

1.4 Tuber roots, their products and by-products. Included in this category are the following:

Sugar beet pulp, potato, sweet potato as tuber, potato pulp (by-product of the extraction of potato starch), potato starch, potato protein and manioc.

1.5 Other seeds and fruits, their products and by-products. Included in this category are the following:

Carob, carob pods and meal thereof, pumpkins, citrus pulp, apples, quinces, pears, peaches, figs, grapes and pulp thereof, chestnuts, walnut expeller, hazelnut expeller, cocoa husk and expeller, and acorns.

1.6 Forages and roughages. Included in this category are the following:

Lucerne, lucerne meal, clover, clover meal, grass (obtained from forage plants), grass meal, hay, silage, straw of cereals, and root vegetables for foraging.

1.7 Other plants, their products and by-products. Included in this category are the following:

Molasses, seaweed meal (obtained by drying and crushing seaweed and washed to reduce iodine content), powders and extracts of plants, plant protein extracts (solely provided to young animals), spices and herbs.

2. FEED MATERIALS FROM ANIMAL ORIGIN

2.1 Milk and milk products. Included in this category are the following:

Raw milk, milk powder, skimmed milk, skimmed milk powder, buttermilk, buttermilk powder, whey, whey powder, whey powder low in sugar, whey protein powder (extracted by physical treatment), casein powder, lactose powder, curd and sour milk.

2.2 Fish, other marine animals, their products and by-products. Included in this category are the following:

Fish, fish oil and cod-liver oil not refined; fish, molluscan or crustacean autolysates, hydrolysate and proteolysates obtained by an enzyme action, whether or not in soluble form, solely provided to young animals; and fish meal.

2.3 Eggs, their products and by-products. Included in this category are the following:

Eggs and egg products for use as poultry feed, preferably from the same operation.

3. FEED MATERIALS FROM MINERAL ORIGIN

The following substances are included in this category:

Sodium:

Unrefined sea salt
Coarse rock salt
Sodium sulphate
Sodium carbonate
Sodium bicarbonate
Sodium chloride

Potassium:

Potassium chloride

Calcium:

Lithotamnion and maerl
Shells of aquatic animals (including cuttlefish bones)
Calcium carbonate
Calcium lactate
Calcium gluconate

Phosphorus:

Defluorinated dicalcium phosphate
Defluorinated monocalcium phosphate
Monosodium phosphate
Calcium-magnesium phosphate
Calcium-sodium phosphate

Magnesium:

Magnesium oxide (anhydrous magnesia)
Magnesium sulphate
Magnesium chloride
Magnesium carbonate
Magnesium phosphate

Sulphur:

Sodium sulphate

4. FEED ADDITIVES

4.1 Trace elements. The following substances are included in this category:

Iron:
Ferrous (II) carbonate
Ferrous (II) sulphate monohydrate and/or haptahydrate
Ferric (III) oxide

Iodine:
Calcium iodate, anhydrous
Calcium iodate, hexahydrate
Sodium iodide

Cobalt:

Cobaltous (II) sulphate monohydrate and/or heptahydrate
Basic cobaltous (II) carbonate, monohydrate

Copper:

Copper (II) oxide
Basic copper (II) carbonate, monohydrate
Copper (II) sulphate, pentahydrate

Manganese:

Manganous (II) carbonate
Manganous oxide and manganic oxide
Manganous (II) sulfate, mono- and/or tetrahydrate

Zinc:

Zinc carbonate
Zinc oxide
Zinc sulphate mono- and/or hepta-hydrate

Molybdenum:

Ammonium molybdate, natrium molybdate

Selenium:

Sodium selenate
Sodium selenite

4.2 Vitamins, provitamins and chemically well defined substances having a similar effect. The following substances are included in this category:

Vitamins authorised under the Fertlizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947).

- Preferably derived from raw materials occurring naturally in feeding stuffs; or
- Synthetic vitamins identical to natural vitamins only for monogastric animals.

4.3 Enzymes. The following substances are included in this category:

Enzymes authorised under the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947).

4.4 Micro-organisms. The following micro-organisms are included in this category:

Micro-organisms authorised under the Fertilizers, Farms Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947).

4.5 Preservatives. The following substances are included in this category:

Sorbic acid
Formic acid
Acetic acid
Lactic acid
Propionic acid
Citric acid

4.6 Binders, anti-caking agents and coagulants. The following substances are included in this category:

Calcium stearate of natural origin
Colloidal silica
Kieselgur
Sepiolite
Bentonite
Kaolinitic clays
Vermiculite
Perlite
Natural mixtures of stearites and chlorite

4.7 Antioxidant substances. The following substances are included in this category:

Tocopherol-rich extracts of natural origin

5. PROCESSING AIDS USED IN FEEDING STUFFS

5.1 Processing aids for silage. The following substances are included in this category:

Sea salt, coarse rock salt, whey, sugar, sugar beet pulp, cereal flour and molasses.

Enzymes, yeasts and bacteria authorised under the Fertilizers, Farms Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947).

When weather conditions do not allow for adequate fermentation, the approved certifying organisation may authorise the use of lactic, formic, propionic and acetic acids in the production of silage.

6. OTHER PRODUCTS

6.1 The following substances are included in this category:

Brewer’s yeast




ANNEXURE VI

GUIDELINE: DENSITY OF LIVESTOCK EQUIVALENT TO 170 KG OF
NITROGEN PER YEAR/HECTARE

Class or species
Maximum number of animals per ha
equivalent to 170 N/ha/year
Equines over six months old

2
Calves for fattening

5
Other bovine animals less than one year old

5
Male bovine animals from one to less than two years old

3,3
Female bovine animals from one to less than two years old

3,3
Male bovine animals two years old or over

2
Breeding heifers

2,5
Heifers for fattening

2,5
Dairy cows

2
Cull dairy cows

2
Other cows

2,5
Female breeding rabbits

100
Ewes

13,3
Goats

13,3
Piglets

74
Breeding sows

6,5
Pigs for fattening

14
Other pigs

14
Table chickens

580
Laying hens

230



ANNEXURE VII

INGREDIENTS OF NON-AGRICULTURAL ORIGIN

Food additives, including carriers

INS
NAME
SPECIFIC CONDITIONS
170
Calcium carbonates
All authorised functions except colouring.
270
Lactic acid
Fermented vegetable products.
290
Carbon dioxide
-
296
Malic acid
-
300
Ascorbic acid
If not available in natural form.
306
Tocopherols, mixed natural concentrates
Anti oxidant in fats and oils.
322
Lecithin
Obtained without the use of bleaches and organic solvents.
330
Citric acid
Fruit and vegetable products.
335
Sodium tartrate
Cakes/Confectionary.
336
Potassium tartrate
Cereals/Cakes/Confectionary.
341i
Mono calcium phosphate
Only for raising flour.
400
Alginic acid
-
401
Sodium alginate
-
402
Potassium alginate
-
406
Agar
-
407
Carageenan
-
410
Locust bean gum
-
412
Guar gum
-
413
Tragacanth gum
-
414
Arabic gum
Milk, fat and confectionary products.
415
Xanthan gum
Fat products, fruit and vegetables, cakes and biscuits, salads.
416
Karaya gum
-
422
Glycerol
Plant extracts.
440
Pectins (Unmodified)
-
500
Sodium carbonates
Cakes and biscuits, confectionary.
501
Potassium carbonates
Cereals, cakes, biscuits and confectionary.
503
Ammonium carbonates
-
504
Magnesium carbonates
-
516
Calcium sulphate
Carrier.
524
Sodium hydroxide
Cereal products.
551
Silicon dioxide
Anti-caking agent for herbs and spices.
938
Argon
-
941
Nitrogen
-
948
Oxygen
-

Flavourings

Substances and products labelled as natural flavouring substances or natural flavouring preparations allowed under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972), as applied by the Department of Health.

Water and Salts

Drinking water (potable)
Salts (with sodium chloride or potassium chloride as basic components generally used in food processing).



Preparations of Micro-organisms and Enzymes

Any preparations of micro-organisms and enzymes normally used in food processing, with the excep­tion of micro-organisms genetically modified or enzymes derived from genetic modification.

Minerals and other substances

Minerals (including trace elements), vitamins, essential fatty and amino acids, and other nitrogen com­pounds. Only approved in so far as their use is legally required in the food products in which they are incorporated.



ANNEXURE VIII

PROCESSING AIDS WHICH MAY BE USED FOR THE PREPARATION OF PRODUCTS

SUBSTANCE
SPECIFIC CONDITIONS
Water
-
Calcium chloride
Coagulation agent.
Calcium carbonate
-
Calcium hydroxide
-
Calcium sulphate
Coagulation agent.
Magnesium chloride (or Nigari)
Coagulation agent.
Potassium carbonate
Drying of grape raisins.
Carbon dioxide
-
Nitrogen
-
Ethanol
Solvent.
Tannic acid
Filtration aid.
Egg white albumin
-
Casein
-
Gelatin
-
Isinglass
-
Vegetable oils
Greasing or releasing agent.
Silicon dioxide
As gel or colloidal solution.
Activated carbon
-
Talc
-
Bentonite
-
Kaolin
-
Diatomaceous earth
-
Perlite
-
Hazelnut shells
-
Beeswax
Releasing agent.
Carnauba wax
Releasing agent.
Sulphuric acid
pH adjustment of extraction water in sugar produc­tion.
Isopropanol (propan-2-ol)
In the crystallisation process in sugar prepa­ration.
Sodium hydroxide
pH adjustment in sugar production.
Sodium carbonate
Sugar production.
Citric Acid
pH adjustment.

Preparations of micro-organisms and enzymes

Any preparations of micro-organisms and enzymes normally used as processing aids in food pro­cessing, with the exception of genetically modified organisms and enzymes derived from genetically modified organisms.




ANNEXURE IX

PRODUCTS AUTHORISED FOR CLEANING AND DISINFECTION OF
BUILDINGS AND INSTALLATIONS (E.G. EQUIPMENT AND UTENSILS)

Potassium and sodium soap
Water and steam
Milk of lime
Lime
Quicklime
Sodium hypochlorite (e.g. as liquid bleach)
Caustic soda
Caustic potash
Hydrogen peroxide
Natural essence of plants
Citric, peracetic acid, formic, lactic, oxalic and acetic acid
Alcohol
Nitric acid (dairy equipment)
Phosporic acid (dairy equipment)
Formaldehyde
Cleaning and disinfection products for teats and milking facilities
Sodium carbonate



ANNEXURE X

INGREDIENTS OF AGRICULTURAL ORIGIN WHICH HAVE NOT
BEEN PRODUCED ORGANICALLY

1. Unprocessed plant products as well as products derived therefrom

1.1 Edible fruits, nuts and seeds:

Acerola Malpighia punicifolia
Acorns Quercus spp.
Cola nuts Cola acuminata
Fenugreek Trigonella foenum-graecum
Pine kernels Pinus pinea
Raspberries (dried) Rubus idaeus
Red currants (dried) Ribes rubrum

1.2 Edible spices and herbs:

Allspice Pimenta dioica
Cardamom Fructus cardamomi (minoris) (malabariensis)
Elettaria cardamomum
Cinnamon Cinnamomum zeylaicum
Clove Syzygium aromaticum
Ginger Zingiber officinale
Nutmeg Myristica fragrans
Pepper green Piper nigrum
Pepper (Peruvian) Schinus molle L.
Horseradish seeds Armoracia rusticana
Lesser galangal Alpinia officinarum
Safflower flowers Cartamus tinctorius
Watercress herb Nasturtium officinale

1.3 Miscellaneous:

Algae, including seaweed, permitted in conventional foodstuffs preparation

2. Plant products, processed

2.1 Fats and oils whether or not refined, but not chemically modified, derived from plants other than:

Cocoa Theobroma cocoa
Coconut Cocos nucifera
Olive Olea europeae
Sunflower Helianthus annuus
Palm Elaeis guineensis
Rape Brassica napus, rapa
Safflower Carthamus tinctorius
Sesame Sesamum indicum
Soya Glycine max

2.2 The following sugars, starches and other products from cereals and tubers:

Beet sugar
Fructose
Rice paper
Unleavened bread paper
Starch from rice and waxy maize, not chemically modified

2.3 Miscellaneous:

Curry composed of:

- Coriander Coriandrum sativum
- Mustard Sinapis alba
- Fennel Foeniculum vulgare
- Ginger Zingiber officinale

Coriander, smoked Coriandrum sativum

Pea protein Pisum spp.

Rum: only obtained from cane sugar juice

Kirsch prepared on the basis of fruits and flavourings

3. Animal products

Aquatic organisms, not originating from aquaculture, and permitted in conventional foodstuffs preparation

Buttermilk powder
Gelatin
Lactose
Whey powder
Casings












________________________
The ingredients of agricultural origin listed in this Annexure may not have been --

(i) subjected to treatments other than those listed in Annexures VII and VIII;

(ii) subjected to treatments involving the use of ionising radiation; and

(iii) produced with the use of genetically modified organisms or be genetically modified organisms.

The need for the use of the ingredients are subject to approval by the certifying organisation.




NE/Organically Products.reg
1250
Updated: 26 October 2006/ae

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