Many organic producers are unwittingly breaking the law by failing to comply with DEFRA’s organic regulations, sector organisations claim.

The rules were updated in July 2012, and certifiers claim these changes have been poorly communicated. Certification and compliance manager for Organic Farmers & Growers, Steve Clarkson, said: “We’re pleased to now have something definitive, but it has become very clear that there are many operators do not know about this change and are therefore falling foul of the law.”

Under the updated legislation any broker, wholesaler or brand holder who “takes title” (ownership) of organic produce must be licensed, even if companies merely take possession of the goods for delivery or storage.

Many of these organisations were previously told they did not need organic certification and still haven’t been informed otherwise. Organic Farmers & Growers Certifiers is concerned to highlight the issue in the supply chain before companies who require certification cause delays.

“Possibly the biggest potential problem is that there could be hold-ups in the organic supply chain as one part of it comes up against another part that requires certification but wasn't aware of that and therefore doesn't have it.” said Mark Waugh, PR and media manager of Organic Farmers & Growers.

Now the only companies remaining exempt from certification requirements are brokers that simply introduce sellers and buyers, but at no point have ownership of the goods.

Besides a wider certification remit, there will be annual inspections. But brokers that are simply “placing on the market” and not necessarily coming into direct contact with the goods may only require a “light-touch” certification for pre-packaged foodstuffs, with a physical inspection at least every three years.

The Soil Association has developed a risk-based certification model approved by DEFRA based on the likelihood of substitution, offering different grades of certification for those simply transferring products and companies storing and packaging loose products.

“The challenge is to ensure that regulations are proportionate, ensure traceability, but avoid unnecessary costs, that ultimately will be passed to consumers”, says managing editor Tim Young at the Soil Association.

“This issue is something we've become concerned about from conversations with those in the sector, not least because people seem to be getting conflicting advice on whether they need certifying” reiterates Waugh. Certifiers are keen to sort out these inconsistencies in the sector as soon as possible.

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