The Organic Products Regulations 2004

Interpretation

2.—(1) In these Regulations—

“authorised officer” means any person (whether or not an officer of a local authority) who is authorised by a local authority in writing, either generally or specially, to act in matters arising under these Regulations;

“business” includes the undertaking of a canteen, club, school, hospital or institution, whether carried out for profit or not and any undertaking or activity carried on by a public or local authority;

“the Commission Regulations” means the Commission Regulations listed in Schedule 1;

“Commission Regulation 1452/2003” means Commission Regulation (EC) No. 1452/2003 maintaining the derogation provided for in Article 6(3)(a) of the Council Regulation with regard to certain species of seed and vegetative propagating material and laying down procedural rules and criteria relating to that derogation(1);

“the Council Regulation” means Council Regulation (EEC) No. 2092/91(2) on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, as last amended by Council Regulation (EC) No 392/2004(3);

“the database” means the computerised database, established under Article 6(1) of Commission Regulation 1452/2003, listing varieties of seed and seed potatoes obtained by the organic production method prescribed in Article 6(2) of the Council Regulation which are available in the United Kingdom;

“holding” has the meaning given in Article 2(b) of Council Regulation (EC) No. 1782/2003(4) establishing common rules for direct support schemes;

“importer” means any person who imports from a third country any products referred to in Article 1 of the Council Regulation with a view to the subsequent marketing of such products;

“justice of the peace”, in relation to Scotland, means a full justice as defined by section 9 of the District Courts (Scotland) Act 1975(5);

“local authority” means—

(a)

in relation to England—

(i)

for each non-metropolitan county, metropolitan district, and London borough, the council of that county, district or borough, and

(ii)

for the City of London and the Inner Temple and the Middle Temple, the Common Council of the City of London;

(b)

in relation to Wales, as respects each county or county borough, the council of that county or county borough;

(c)

in relation to Scotland, as respects each local authority area, the council for that area constituted under section 2 of the Local Government etc. Scotland Act 1994(6); and

(d)

in relation to Northern Ireland, each district council, and for this purpose, “district council” has the meaning given to it in section 44 of the Interpretation Act (Northern Ireland) 1954(7);

“notification” means a notification of the information specified in Annex IV to the Council Regulation made by an operator under Article 8(1)(a) of that Regulation;

“organic product” means a product referred to in Article 1(1) of the Council Regulation;

“private inspection body” means an inspection body holding a current approval from the Secretary of State under Article 9 of the Council Regulation;

“public analyst”, except in relation to Northern Ireland, has the same meaning as in the Food Safety Act 1990(8) and, in relation to Northern Ireland, has the same meaning as in the Food Safety (Northern Ireland) Order 1991(9);

“the Soil Association” means the Soil Association Limited, a company limited by guarantee and registered charity No. 206862 of Bristol House, 40-56 Victoria Street, Bristol BS1 6BY;

“specified Community provisions” means those provisions of the Council Regulation which are specified in column 1 of Schedule 2, as read with—

(a)

any supplementary provisions specified in column 2 of that Schedule;

(b)

Article 3 of Council Regulation (EEC) No. 1804/1999(10) supplementing Council Regulation (EEC) No. 2092/91 to include livestock production; and

(c)

any additional provisions thereto contained in the livestock standards set out in the Compendium of UK Organic Standards, May 2004 Edition, published by the Department for Environment, Food and Rural Affairs.

(2) Other expressions used in these Regulations have the same meaning as in the Council Regulation, the Commission Regulations or Commission Regulation 1452/2003.

(1)

OJ No. L 206, 15.8.2003, p. 17.

(2)

OJ No. L 198, 22.7.1991, p. 1.

(3)

OJ No. L 65, 3.3.2004, p. 1.

(4)

OJ No. L 270, 21.10.2003, p. 1.

(5)

1975 c. 20; the definition of “full justice” was inserted by section 8 of the Bail, Judicial Appointments etc. (Scotland) Act 2000 (c. 9).

(6)

1994 c. 39.

(7)

1954 c. 33 (N.I.).

(8)

1990 c. 16.

(9)

S.I. No. 762 (N.I. 7).

(10)

OJ No. L 222, 24.8.99, p. 1.