1. ORGANIC REFORM Production rules for salt ART. 21(1) AND ART
ORGANIC REFORM Production rules for salt ART. 21(1) AND ART. 30(8) OF REGULATION 2018/848
AGRI B4 GrEx on Organic Production 29 November 2018

2. NEW ORGANIC REGULATION 2018/848
Recital (10) Experience gained so far with the application of Regulation (EC) No 834/2007 shows the need to make clear to which products this Regulation applies. Primarily, it should cover products originating from agriculture, including aquaculture and beekeeping, as listed in Annex I to the Treaty on the Functioning of the European Union (TFEU). Moreover, it should cover processed agricultural products for use as food or feed because the placing of such products on the market as organic products provides a major outlet for agricultural products and ensures that the organic nature of the agricultural products from which they are processed is visible to the consumer. Likewise, this Regulation should cover certain other products which are linked to agricultural products in a similarly close way as processed agricultural products for use as food and feed because those other products either constitute a major outlet for agricultural products or form an integral part of the production process. Finally, sea salt and other salts used for food and feed should be included in the scope of this Regulation because they may be produced by applying natural production techniques, and because their production contributes to the development of rural areas, and thus falls within the objectives of this Regulation. For reasons of clarity, such other products not listed in Annex I to the TFEU should be listed in an Annex to this Regulation.

3. NEW ORGANIC REGULATION 2018/848
Article 2 Scope 1. This Regulation applies to the following products originating from agriculture, including aquaculture and beekeeping, as listed in Annex I to the TFEU and to products originating from those products, where such products are, or are intended to be, produced, prepared, labelled, distributed, placed on the market, imported into or exported from the Union: (a) live or unprocessed agricultural products, including seeds and other plant reproductive material; (b) processed agricultural products for use as food; (c) feed. This Regulation also applies to certain other products closely linked to agriculture listed in Annex I to this Regulation, where they are, or are intended to be, produced, prepared, labelled, distributed, placed on the market, imported into or exported from the Union.

4. NEW ORGANIC REGULATION 2018/848
ANNEX I
OTHER PRODUCTS REFERRED TO IN ARTICLE 2(1)
— Yeasts used as food or feed,
— maté, sweetcorn, vine leaves, palm hearts, hop shoots, and other similar edible parts of plants and products produced therefrom,
— sea salt and other salts for food and feed,
— silkworm cocoon suitable for reeling,
— natural gums and resins,
— beeswax,
— essential oils,
— cork stoppers of natural cork, not agglomerated, and without any binding substances,
— cotton, not carded or combed,
— wool, not carded or combed,
— raw hides and untreated skins,
— plant-based traditional herbal preparations.

5. NEW ORGANIC REGULATION 2018/848
EMPOWERMENT
Article 21
Production rules for products not falling within the categories of products referred to in Articles 12 to 19
The Commission is empowered to adopt delegated acts in accordance with Article 54 amending Annex II by adding detailed production rules, as well as rules on the obligation to convert, for products that do not fall within the categories of products referred to in Articles 12 to 19, or by amending those added rules.
Those delegated acts shall be based on the objectives and principles of organic production laid down in Chapter II and shall comply with the general production rules laid down in Articles 9, 10 and 11 as well as existing detailed production rules laid down for similar products in Annex II. They shall requirements concerning, in particular, the treatments, practices and inputs lay down that are allowed or prohibited, or conversion periods for the products concerned.
In the absence of the detailed production rules referred to in paragraph 1:
operators shall, as regards products referred to in paragraph 1, comply with the principles laid down in Articles 5 and 6, mutatis mutandis with the principles laid down in Article 7, and with the general production rules laid down in Articles 9 to 11;
a Member State may, as regards products referred to in paragraph 1, apply detailed national production rules, provided that those rules are in accordance with this Regulation, and provided that they do not prohibit, restrict or impede the placing on the market of products which have been produced outside its territory and which comply with this Regulation.

6. NEW ORGANIC REGULATION 2018/848
EMPOWERMENT
CHAPTER IV
LABELLING
Article 30
Use of terms referring to organic production
7. The Commission is empowered to adopt delegated acts in accordance with Article 54 amending:
this Article by adding further rules on the labelling of products listed in Annex I, or by amending those added rules; and
the list of terms set out in Annex IV, taking into account linguistic developments within the Member States.

7. Background information (CIRCABC > Agriculture > Expert Group on Organics > Library > Sub-groups > Sub-group_Production rules for organic salt > Background documents on organic salt)
Codex Standard for salt
EU legislation applicable for salt
National legislation
Position papers
Spanish Association of Sea Salt Producers – SALIMAR
Artisanal Sea Salt Europe (FR, IT, PT and ES sea salt producers)
Standards for organic salt already existing
CPAEN – salt extracted by evaporation from water sources situated in the Autonomous Community of Navarre (ES private)
INTERECO - salt for human consumption (ES private)
SHC - Sal Marina Virgen and Flor de Sal (ES private)
SATIVA - artisanal marine salt (PT private)
NATURE ET PROGRÈS (FR private)
Salt recognised under PGI
‘Sel de Guérande/Fleur de sel de Guérande’ (FR 2006)
‘Sel de Salies-de-Béarn’ (FR 2015)

8. Background information (CIRCABC > Agriculture > Expert Group on Organics > Library > Sub-groups > Sub-group_Production rules for organic salt > Background documents on organic salt > Comments after the meeting)
Letter of support from the Ministry of Agriculture of the Autonomous Community of Andalusia
Additional comments from ES
Additional comments from PL
Additional comments from FR
Additional comments from PT

9. National legislation - specific provisions for salt
National legislation - specific provisions for salt (CIRCABC > Agriculture > Expert Group on Organics > Library > Sub-groups > Sub-group_Production rules for organic salt > Background documents on organic salt > Comments after the meeting)
National rules for salt production in Spain
National rules for salt production in France (TBC)
National rules for salt production in Portugal

10. EU legislation applicable to conventional salt
Iodine and fluoride claims
nutrition claims (Regulation 1924/2006)
health claims (Regulation 432/2012)
Food additives permitted in food (Regulation 1333/2008)
Labelling (Regulation 1169/2011)
General food law (Regulation 178/2002)
Food Hygiene (Regulation 852/2004)
Organisation of controls (Official Controls Regulation 2017/625)
Food for specific group of consumers (Regulation 609/2013

11. Legislation (NOT?) applicable to salt
Comments received
* ES:
Codex Alimentarius Standard for food grade salt
Codex Alimentarius General Standard for contamination and toxins in food and feed (sets maximum levels (MLs) and associated sampling plans of contaminants and natural toxicants – for salt: Hg, Pb, As and Cd)
in Spain some associations decided about higher limits for nitrite, nitrate and ammonium salts (R.D.1424/83) but in opinion of Salimar, organic sea salt producers SHOULD NOT be assessed according to any stricter limits than Codex ones
Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs
in opinion of Salimar, organic sea salt producers SHOULD NOT be assessed whether they respect the MRLs defined for foodstuffs in the EU
Regulation (EC) No 396/2005 setting maximum residue levels for pesticides in or on food and feed (MRLs for pesticides) and Regulation (EC) No 2017/660 on coordinated multiannual control programme for 2018, 2019, 2020 to ensure compliance with MRLs of pesticides
in opinion of Salimar, organic sea salt is a MINERAL and SHOULD NOT be assessed whether it respects the MRLs for pesticides as defined for food and feed
Micropalstic contamination
in opinion of Salimar, no specific rules should apply for organic sea salt producers until there is a global solution for microplastics as a global environmental pollutant
Applies
- Applies
- National limits will apply as well
- In the future we may have EU limits that will apply
Currently no specific MLs for salt
In the future specific MLs for salt could be established
Salt not in the scope
Specific list with residue levels for organic salt can be created
On-going discussions in the EU but no legal solutions yet

15. Basis for technical discussion
New part of Annex II ‘Part VIII: Sea salt and other salts for food and feed’
In addition to the general production rules laid down in Articles 9, 10, 11 and based on empowerment as defined in Article 21 the rules laid down in section ‘Part VIII: Salt used as food and feed’ shall apply to the organic production of sea salt and other salts for food and feed.
Scope
Composition
Inputs
Cleaning and disinfection products
Practices, processes and treatments
Environmental aspects
Water quality
Location
Conversion
Labelling
Organic and non-organic at the same holding
Misleading nature of products
Obligation of operators
Precautionary measures
Preparation
Record keeping obligation

16. 1. Scope
This Regulation applies to food grade salt obtained from the sea, from underground rocks salt deposits or from natural brine. It does not apply to salt from origins other than those mentioned above, notably the salt which is a by-product of chemical industries.
(Codex)
What about salt for feed? Are the rules for food salt enough?

17. 1. Scope Comments received
* ES :
Salt can be organic ONLY when:
from natural source and
crystallization by solar evaporation
Organic salt should be limited to only: sea salt, spring water and salt lakes salt
Vaccum salt should be outside of the scope (very energy intensive, large emissions)
Rock salt should be outside of the scope (drilling, blasting and continues mining can damage the environment geologic instability and causing mine collapse and flooding; explosives and chemicals used)
Artificial brine salt should be outside of the scope (requires drilling, which causes erosion and large amounts of water consumption)
Salimar estimates that future organic producers (limited to the ones that they suggest) can cover all the needs for food and feed grade salt in Europe
* FR:
Rock salt should be outside of the scope – if it will be inside, than specific environmental rules should be foreseen for this kind of salt production
* PL:
Rock salt should be in the scope
There is a complete absence of danger to the surface
* PT:
This Regulation should apply to food grade salt, a crystalline product consisting predominantly of sodium chloride, obtained by solar evaporation from sea water or from natural brine (extracted from salt lakes or other natural sources).
It should not apply to salt from origins other than those mentioned above, notably the salt which results from non-natural chemical processing or is a by-product of chemical industries.

18. 2. Composition
We should define composition of desired organic salt by defining:
(POSITIVE LIST)
level of sodium chloride
– min. 97% OR
– level as defined in national legislation (gray salt min. 94% in FR)
list of possible naturally occurring elements that could be present in the final organic salt (not exhaustive/just examples): magnesium, chloride, calcium, potassium
We will NOT define limits for contaminants specific for organic salt
(NO NEGATIVE LIST)
because:
No EU rules for maximum levels for contaminants in salt
Maximum levels for contaminants for salt currently defined at the CODEX level apply
Maximum levels for contaminants defined at national level apply (FR, ES)
CODEX/STAN
Copper: 2
CODEX/STAN :
ML (mg/kg):
ARSENIC- 0.5
Cadmium – 0.5
Lead – 1
Mercury – 0.1

19. Comments received 2. Composition * ES: * FR:
Organic salt should comply with general rules and national rules
Organic salt is a crystalline product consisting predominantly of sodium chloride.
Except for specific salts defined in national rules (e.g. “sal marina virgen”, “fleur de sel” “sel marin gris”, etc..) that might be lower (>94%), the content of NaCl shall not be less than 97% on a dry matter basis, exclusive of additives.
The remainder comprises natural secondary products, which are present in varying amounts depending on the origin and the method of production of the salt, and which are composed mainly of calcium, potassium, magnesium and sodium sulphates, carbonates, bromides, and of calcium, potassium, magnesium chlorides as well. Natural contaminants may also be present in amounts varying with the origin and the method of production of the salt. Copper shall not exceed 2 mg/kg (expressed as Cu)
The products covered by this Standard shall comply with the Maximum Levels of the Codex General Standard for Contaminants and Toxins in Foods and Feeds (CODEX/STAN ).
* FR:
French law defines content of sodium chloride and maximum levels of: cooper, lead, arsenic, cadmium and mercury.
* PL:
Supports Codex Guidelines that sodium chloride should be minimum 97%
Agree with naturally occurring elements that could be present in the final organic salt, like: magnesium, chloride, calcium, potassium
Rock salt is not contaminated from civilization

20. 3. Inputs
Food additives, processing aids and any other products and substances and ingredients used for conventional and organic production should not be authorized for production of organic salt
Use of trace elements (like iodine) in organic salt production should be allowed provided that their use is ‘directly legally required’, in the meaning of being directly required by provisions of Union law or provisions of national law compatible with Union law, with the consequence that salt cannot be placed at all on the market as food for normal consumption if those trace elements are not added
Like for other organic foodstuffs there should be no fortification with minerals, vitamins, amino-acids or micronutrients possible BUT possibility to add iodine if directly legally required like it is foreseen in the new Regulation for processed food

21. Comments received 3. INPUTS * ES:
Only products and substances that have been authorized for organic production may be used in organic production of salt
Organic salt should be free of any food additives and processing aids because they are not necessary for organic salt production
Organic salt could be used as a carrier for nutrients for public health reasons. Organic salt could be fortified with minerals as iodine provided that their use is “directly legally required”.
Iodine is not an additive but an ingredient, that is why final product must not be “ORGANIC IODIZED SALT but “ORGANIC SALT WITH IODINE”.
The maximum and minimum levels used for the iodization of food grade organic salt are to be calculated as iodine (expressed as mg/kg) and shall be established by the national authorities in the light of the local iodine deficiency situation.
* FR:
No additives, no processing aids even if authorized for processing of organic food
* PL:
No additives and processing aids should be allowed in organic salt

22. 4. Cleaning and disinfection products
Buildings and installations used for salt production - only the products for cleaning and disinfectants authorised pursuant to Article 24 as defined for plant production
Preparation and processing activities – only the products for cleaning and disinfection authorised pursuant to Article 24 as defined for processing and storage facilities
(The same as for other organic products - Annex II, Part I, point 1.11 and Part II, point , Part III, point , Part IV, point 2.2.3, Part V, point 2.4., Part VII, point 1.4.)
Is there any specific products that salt sector would need? Or it can work with what is already defined for organic production in current/future Annex VII to R. 889?

23. 5. Practices, processes and treatments
PROHIBITED (1):
1) Use of any chemical treatmen, including chemical purification
2) Refining
3) Upgrading of salt, such as:
a) Flotation
b) Electrostatic Separation
c) Thermoadhesive Process
d) Heavy-Medium Separation (HMS)
4) Upgrading of brine, such as:
a) Chemical brine purification (e.g. with lime or caustic soda, soda ash or other)
b) Sedimentation by adding flocculating agents
c) Gypsum slurry process
d) Mother liquor concentration with non-solar energy
5) Technologies of vacuum processes with a high footprint, such as:
a) The Multi-Effect Evaporation (MEE)
b) The Mechanical Vapour Compression or Recompression (MVC, MVR)
c) Thermal Vapour recompression (TVR)
d) Recrystallization
e) Flash evaporation
f) Open pan evaporation with artificial heating (e.g. steam-heated immersion coils, external heating units, etc.)
6) Chemical treatments and washing, such as process vacuum, flotation with reagents, electrostatic separation, purification with lime or caustic soda and soda ash and sedimentation by adding flocculating agents
7) Nanofiltration
8) Use of cooling technologies
9) Centrifugation

24. 5. Practices, processes and treatments
PROHIBITED (2):
10) Use of energy other than solar or wind to concentrate or evaporate salt water or brines
11) Artificial evaporation
12) Supply of sea water, salt spring water or salt lake water other than fresh water
13) Salt flower harvesting other then crystallizer ‘s water surface
14) Use of water or non-saturated brine to dissolve rock salt (solution mining)

25. 5. Practices, processes and treatments AUTHORISED:
Supply of fresh sea water to produce organic sea salt
2) Supply of fresh salt spring water or fresh salt lake water for salt obtained from natural brine
3) Direct solar energy and wind for the crystallization of the organic sea salt and obtained from natural brine
4) Drying with solar evaporation
5) Sieving and sorting by mechanical means
6) Crushing and grinding by mechanical means
7) Milling by mechanical means
8) Traditional techniques of harvesting
9) Salt flower harvesting only from crystallizer‘s water surface

26. 5. Practices, processes and treatments Comments received
Background documents available on CIRCA BC:
Main issues not reflected in the previous slide:
suggested to authorize washing; PT oppose to that
suggested to prohibit all practices for rock salt; PL oppose to that
Mining, drilling and explosives, since they erode the land and do not preserve the natural geology of the area;
Injection of hydrocarbon, nitrogen, compressed air, cement, synthetic resins, or other protective or hardening material in caverns.
* FR:
Background documents available on CIRCA BC
* PL:
* PT:
Traditional or artisanal salt doesn’t require washing. The intensive processes of salt washing originates in the loss of most of the minerals present, affecting as well the salt’s organoleptic characteristics. And then suggested to authorize: Salt dissolution and washing provided it is done with the original brine at the original crystallization local – needs to be clarified
a) Mining, drilling and use of explosives;
b) Soil or subsoil injection of cement, synthetic resins or other hardening material;
c) Subsoil injection of hydrocarbon, nitrogen or compressed air;

27. 6. Environmental aspects
Organic salt production techniques used shall prevent or minimise any contribution to the contamination of environment, should contribute to biodiversity preservation and sustainable use of resources, as well as have almost zero ecological footprint and biodiversity preservation.
The operator shall provide environmental assessment to the control authority or control body. The content of the environmental assessment shall be base on Annex IV to Directive 2011/92/EU of the European Parliament and of the Council.
The operator shall provide a sustainable management plant proportionate to the production unit. Business operators shall draw up as part of the sustainable management plan a waste reduction schedule to be put in place at the commencement of operations. Where possible, the use of energy shall be limited to energy from renewable sources.
The production does not affect significantly the stability of the natural ecosystem or the maintenance of the species in the production area.
(The same as for aquaculture - Annex II, Part III, point 1.3., , 1.9. and )
This would apply to both - salt obtained from water and rock salt

28. (The same as for aquaculture - Annex II, Part III, point 1.1.)
7. Water quality
The production of sea salt is considered as organic production provided that the production areas are suitable from health point of view and are:
of high ecological status as defined by Directive 2000/60/EC (Water Framework Directive)
(The same as for aquaculture - Annex II, Part III, point )
This would apply to salt obtained from water
8. Location
Operations shall be situated in locations that are not subject to contamination with products or substances not authorised for use in organic production, or with pollutants that would compromise the organic nature of the product.
(The same as for aquaculture - Annex II, Part III, point 1.1.)
This could give legal basis to avoid locations next to the ‘very polluting’ neighbor
Vegetation surrounding the production site should not be treated with any products and substances, like synthetic pesticides.

29. Comments received 7. Water quality * ES: * PT:
Do not support high ecological quality water requirement (already defined for aqua) because Water Framework Directive is not well implemented
Prefers more flexible approach: water is considered as of sufficient quality provided that production areas shall comply with environmental obligations due to their particular designations as protected sites ((e.g. Special Protection Areas-SPA, Special Areas of Conservation-SACs, Sites of Special Scientific Interest Communitary-SSSI, Ramsar Convention on Wetlands of International Importance)
* PT:
Have doubts about high ecological quality water requirement

30. 9. Conversion FOR SALT OBTAINED FROM WATER
Could be traded as production on land; Seems acceptable for sea salt producers
To be considered as organic products, the production rules laid down in this Regulation shall have been applied with respect to the land during a conversion period of at least two years/three years before the first harvest of organic products.
Where the land or one or more parcels thereof have been contaminated with products or substances not authorised for use in organic production, the competent authority may decide to extend the conversion period for the land or parcels concerned beyond the period referred above.
In the case of any treatment not authorised for use in organic salt production, the competent authority shall require a new conversion period in accordance with rules referred above.
That period may be shortened in the following two cases:
treatment with a product or a substance not authorised for use in organic salt production as part of a compulsory control measure for pests or weeds, including quarantine organisms or invasive species, imposed by the competent authority of the Member State concerned;
treatment with a product or a substance not authorised for use in organic salt production as part of scientific tests approved by the competent authority of the Member State concerned.
Member States shall inform the Commission and the other Member States of any decision taken by them which lays down compulsory measures related to treatment with a product or a substance not authorised for use in organic production.
The conversion period shall start at the earliest when the salt producer or the operator that produces salt has notified the activity to the competent authorities, in accordance with Article 34(1), in the Member State in which the activity is carried out and in which that salt producer or operator’s holding is subject to the control system.
(Similar as for plant production - Annex II, Part I, point 1.7.)
FOR ROCK SALT
Option 1
Could be similar as defined for algae?
The conversion period for a salt shall be a period of six months or one full production cycle, whichever is the longer.
(The same as for algae - Annex II, Part III, point ) OR
Option 2
Could be similar as defined for aquaculture animals?
For facilities that cannot be drained, cleaned and disinfected, a conversion period of 24 months;
For facilities that have been drained, or fallowed, a conversion period of 12 months;
For facilities that have been drained, cleaned and disinfected, a conversion period of six months;
For open water facilities, including those producing bivalve molluscs, a conversion period of three months

31. Comments received 9. Conversion * ES: * FR:
ok for conversion period of at least two years
* FR:
The same conversion period should apply to all kind of salt production – like it is defined for perennial crops

32. 10. Labelling
For salt, the terms referred to in paragraph 1 of Article 30 of R. 2018/848 may be used in the sales description, and in the list of ingredients where such a list is mandatory pursuant Union legislation, provided that:
the salt complies with the specific production rules (new Part VIII of Annex II) and
100% of the final product is organic salt or
100% of the final product is organic salt mixed with organic agricultural ingredients (like herbs) – than rules for preparation and processing shall apply
When mixed with herbs – only when both salt and herbs are organic – this would mean that currently certified product where non-organic salt is mixed with organic herbs could no longer be organic after 2021
When only salt is the final product – it has to be 100 % organic salt
Specific labelling for rock salt and sea salt to could make it clear at the label how it was produced? Is it already possible under horizontal rules?

33. 11. Organic and non-organic production units at the same holding
Option 1
The entire holding shall be managed in compliance with the requirements of this Regulation that apply to organic production.
For organic salt production there would be no possibility to produce organic and non-organic at the same holding like it is foreseen for other organic production types
Option 2
The holding may be split into clearly and effectively separated production units for organic, in-conversion and non-organic production, provided that there is a clear and effective separation between the production sites or units.
Organic and non-organic production units shall be adequately separated in accordance with the minimum separation distances set by Member States, where applicable. Salt production shall not be considered as organic when practiced at locations or in areas designated by Member State authorities as locations or areas which are unsuitable for such activities.
(Similar as for aquaculture - Art. 9 (7) and Annex II, Part III, point 1.2.)
Bigger risk of fraud
For aquaculture the same species may be involved

34. 11. Organic and non-organic production units at the same holding
Comments received
* ES:
Should be possible
The preparation of organic, in-conversion and non-organic salt shall be kept separate from each other in place or time. Where organic, in-conversion and non-organic products, in any combination, are prepared or stored in the preparation unit concerned, the operator shall:
inform control authority or control body accordingly;
store organic, in-conversion and non-organic final products separate by place or time from each other;
keep available an updated register of all operations and quantities processed, both in organic and non organic production, including additives used in non organic salt production.
take the necessary measures to ensure identification of lots and to avoid mixtures or exchanges between organic, in-conversion and non-organic products.
carry out operations on organic or in-conversion products only after suitable cleaning of the production equipment.
* FR:
Should NOT be possible
* PT:

35. 12. Misleading nature of products
Products, substances and techniques that reconstitute properties that are lost in the production or storage of organic salt, that correct the results of negligence in the production of organic salt, or that otherwise may be misleading as to the true nature of products intended to be marketed as organic salt, shall not be used.
(The same as for processed products - Annex II, Part IV, point 1.6)
13. Obligation of operators - Procedures
Operators producing organic salt shall establish and update appropriate procedures based on systematic identification of crucial production steps.
The application of the procedures referred above shall ensure that the produced organic salt comply with this Regulation at all times.
(The same as for processed products - Annex II, Part IV, point 1.2. and 1.3.)
This would apply additionally to an environmental assessment and a sustainable management plant as described in point 6 (Environmental aspects)

36. 14. Precautionary measures 16. Record keeping obligation
Operators shall comply with and implement the procedures referred to in point 13 of this Presentation and without prejudice to Article 28 of R. 2018/848, shall in particular:
take precautionary measures
implement suitable cleaning measures, monitor their effectiveness and keep records of these operations;
guarantee that non-organic products are not places on the market with an indication to organic production.
(The same as for processed products - Annex II, Part IV, point 1.4.)
15. Preparation
If preparation operations, other than processing, are carried out on salt, the general requirements laid down in points 1.2, 1.3, 1.4, 1.5 and of Part IV of Annex II to Regulation 2018/848 shall apply mutatis mutandis to such operations.
(The same as for unprocessed products - Annex II, Part I, point 1.13 and Part II, point 1.8., Part III, point 1.10.)
16. Record keeping obligation
Operators should keep record regarding the production units/sites concerned and the amount of the production.
(Similar as for unprocessed products (Annex II, Part I, point 1.12)