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)
Letter of support from the Ministry of Agriculture of the Autonomous Community of Andalusia
Additional data from Artisanal Sea Salt Europe (tbc after 15 Nov)
Additional comments from FR (tbc after 15 Nov)
Additional comments from ES (tbc after 15 Nov)
Additional comments from PT (tbc after 15 Nov)
Additional comments from PL (tbc after 15 Nov)
Additional comments from AT(tbc after 15 Nov)

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)
National rules for salt production in Spain

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)

14. 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’ 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

15. 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)
Salts from water like: sea salt, salt obtained from salty lakes, spring water and natural brine
Arguments that appropriate for organic certification under certain conditions
Estimations - Max …% of total production of these salts could be covered by organic scheme
Rock salt
Vacuum salt
Arguments that should not be allowed as organic at all due to the techniques used in this type of production that will be forbidden

16. 2. Composition 3. Inputs General EU rules apply (MRL)
Specific national legislation applies, for example in Spain:
Obligation to check the final product (risk based?) wouldn’t be new to the sector?
No need to define minimum level of sodium chloride in the final product (grey salt)
EU level limits/thresholds for organic salts?
Possibly limits for contaminants, like heavy metals could be defined if MSs would like to have limits stricter than in general legislation or harmonized at the EU level
3. Inputs
Organic salt shall be free of any food additives, processing aids and any other substances and ingredients used for production of industrial conventional salt
Use of trace elements (like iodine) in organic salt production 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
Only naturally occurring elements like: magnesium, chloride, calcium, potassium and micro-nutrients BUT no additives like: anti-caking agents/free-flowing agents, processing aids or food additives
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 legally like it is foreseen in the new Regulation for processed food

17. 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?
5. Practices, processes and treatments
Authorised
Prohibited
Salt from water
Rock salt ?

18. 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

19. 7. Water quality 8. Location
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.

20. 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 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 treatment with a product or a substance not authorised for use in organic 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 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 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.
(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

21. 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)
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

22. 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

23. 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)

24. 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)