OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 12 ሥ Year No. 21 ADDIS ABABA- gth March , 2006 CONTENTS Proclamation No. 488/2006 Ethiopian Organic Agriculture System Proclamation .... Page 3395 PROCLAMATION NO . 488/2006 . A PROCLAMATION TO ESTABLISH THE ETHIOPIAN ORGANIC AGRICULTURE SYSTEM WHEREAS , demand ደረጃ እያደገ | foodstuffs is globally increasing and thereby a new agricultural products is being created ; WHEREAS , the market price for such products is of biodiversity and the environment ; customers WHEREAS , in response to the rising demand , for customers that they have been produced without the of synthetic that proper labeling of organic agricultural products is essential ; WHEREAS , the way in which all agricultural products produced in the country fulfills the መስፈርት | methods and gives the possibility of easily supplying Unit Price The African Law Archive WHEREAS , countries that represent important የኢንስፔክሽን | inspection arrangements for the use of such products ; WHEREAS , in the interests of producers and consumers of products bearing labels referring to WHEREAS , it is necessary to adopt this be subjected to regular follow - ups , carried out by ensure that they meet the prescribed minimum requirements ; NOW , THEREFORE , in accordance with Article 55 ( 1 ) of the Constitution , of the Federal Democratic follows ; PART ONE GENERAL 1. Short Title This Proclamation may be cited “ Ethiopian Organic Agriculture System Proclamation No. 488/2006 . ” 2. Definitions In this Proclamation unless the context requires otherwise : 1 / “ Ministry " means the Ministry of Agriculture and Rural Development ; 2 / “ accreditation ” means the procedure by which the Ministry formally recognizes the competence of inspection and certification bodies to provide inspection and certification services ; 3 / " agricultural product ” means any product or commodity , raw or processed , originating from agricultural activities and marketed for human consumption or animal feed ; The African Law Archive “ organic agricultural product ” means product which is produced , processed or handled and distributed without the use of synthetic chemicals genetically modified organism ; 5 / " livestock " means domestic domesticated animal such as bovine , porcine , caprine , equine , sheep , poultry and bees raised for food or for use in the production of food ; 6 / “ Inspection and certification systems ” means systems , which have been formally approved or recognized by the Ministry ; “ Inspection ” means the examination of production , processing and distribution of organic agricultural products based on organic agricultural production standards ; 8 / “ audit ” means a systematic and functionally independent examination of organic agriculture system to determine whether activities and related results comply with defined objectives ; 9 / “ certification ” means the procedure by which recognized certification bodies provide written or equivalent assurance that agricultural products ' control systems requirements ; 10 / “ certification body ” means an independent firm having its own logo , which is responsible for verifying that an agricultural product sold or labeled as " organic " is produced , processed , handled , exported or imported according to this Proclamation and regulations as well as directives issued hereunder ; 11 / " logo " means a symbol , printed or graphic matter meant for the identification of certification and inspection body which has legal protection and registered under the Ethiopian Intellectual property right protection office ; affixed to the package of organic product , or accompanies or is displayed near the product for the purpose of promoting it ; The African Law Archive 12 / “ Operator ” means any person who has a certificate issued from the inspection and certification bodies to produce , process , label , export or import with a view to the subsequent marketing of organic agricultural products ; “ Organic agricultural product council ” is a council which shall be established by the Ministry of Agriculture and Rural development ; and the members comprising from inspection and certification bodies and operators : whose function is to resolve issues on certification and inspection operations . 14 / “ Organic Agriculture production standard directives ” is a standard directive , which shall be prepared by the Ministry on how organic agricultural products are produced , processed and distributed . 3. Scope of Application This Proclamation shall be applicable to the production , processing , packaging , labeling , storing , transportation , marketing , exportation and importation of agricultural products which carry or are intended to carry labels referring to organic production methods . 4. Objectives The objectives of this proclamation are to : 1 / Facilitate international recognition and acceptance of the Ethiopian organic agriculture system ; 2 / Ensure the introduction of Ethiopian organic agriculture products in the relevant international markets ; 3 / protect consumers of Ethiopian organic gricultural products against fraudulent acts to be committed by the use of misleading labels ; 41 Ensure that all stages of production , processing , storage , transport marketing of organic agricultural products are subject to inspection and comply with the standards specified by regulations and directives issued hereunder ; and The African Law Archive Page 3399 5 / Harmonize provisions for the production , certification , and labeling of organic agricultural products for all operators . PART TWO INSPECTION AND CERTIFICATION SYSTEM Entities Subject to Control Every operator of organic agricultural products shall be obliged to register with an accredited inspection and certification body and to comply with the national organic agricultural product inspection and certification system . 6. Inspection and Certification Bodies Any accredited inspection and certification body shall be obliged to : 1 / Ensure the fulfillment of requirements provided for by this Proclamation and regulations and directives issued hereunder as well as the relevant international standards ; 2 / Alow the Ministry access to its offices and facilities as well as to operators registered with it for audit purposes as may be necessary ; 3 / Provide any information required by the Ministry in the course of discharging its duties ; Submit to the Ministry its annual reports on inspection and certification service render to operators . PART THREE ACCREDITATION AND SUPERVISIO SYSTEM 7. Powers and Duties of the Ministry The Ministry shall have the powers and duties to : issue directives on organic agricultural production standards to be implemented by the accredited inspection and certification bodies ; The African Law Archive inspection and give accreditations certification bodies ; Establish an inspection and certification system , that shall be implemented by accredited inspection and certification bodies monitor follow implementation ; conduct a study on the conformity and harmony of the countries organic agriculture laws and its implementation with relevant international rules ; and implement same upon approval ; 51 establish ways of coordination with national and international institutions and associations with a view to harmonizing the organic agriculture system of the country with international practices ; take all necessary measures so that the countries organic agricultural products gets acceptance in major international market ; advertise the certificate issued by the inspection and certification bodies to be recognized internationally and establish work relationship with international institution carrying out similar activities in the exercise of their function ; delegate its powers and duties to other government organs to the extent necessary for the proper implementation of this Proclamation and regulations and directives issued hereunder ; 91 establish an organic agricultural production council define duties responsibilities ; Propose and cause the collection of accreditation service charges rendered by it ; upon approval by the council of ministers ; prepare guidelines and directives pertaining to measures to be taken regarding against inspection and certification bodies which do not properly execute their functions ; cause the enhancement of extension services and training programs which can promote the country's organic agriculture system ; and The African Law Archive 13 / conduct regularly assessment and evaluation of the Ethiopian organic proclamation system and its implementation . 8.Organic Agricultural production system council The council to be established in accordance with Article 7 Sub Article 9 of this proclamation shall be accountable to the ministry and shall have the following members . 1 / a chairman and secretary designated by the Ministry 2 / a member from Ethiopian Institute of Agricultural research a member from Ethiopian institute of biodiversity 4 / a member from Ethiopian Environmental Protection Authority 5 / a member in the appropriate field representing the private agricultural development sector 6 / a representative from the business community a representative from inspection and certification bodies 9. Powers and Duties of the council The council shall have the following powers and duties to : 1 / carry technical initial audits certification and inspection bodies applying for accreditation , and supervision audits on the accredited ones and submit to the ministry for comments 2 / study and define the conditions of direct auditing and sampling checks ; 31 evaluate the audit reports of organic certification and inspection bodies ; 41 give written warnings to or , upon notifying the Ministry , temporarily suspend the accreditation of inspection and certification bodies which do not properly execute their functions ; The African Law Archive 51 propose to the Ministry the cancellation of the accreditation of certification and inspection bodies which do not operate properly ; 6 / Prepare manuals and check - lists for operators of organic agriculture ; 71. Submit to the Ministry annual reports on its major activities and achievement 10. Powers and duties of the chairman of the council The chairman of the council shall subject to the general directives of the ministry ; 1. Co - ordinate and administer the activities of the council ; 2. Call and preside over meetings of the council ; 3. Execute decisions given by the council upon approval by the ministry ; 11. Meeting of the council 1 / the council shall call or held meeting through the chairman when it is found necessary . 21 the council shall draw work directives and meetings . 12. Fees The fees to be paid for service rendered by the ministry pursuant to this proclamation shall be fixed by directives issued by the ministry subject to approval by the government ; 13. Detailed Organic Agriculture Rules 1 / The procedures of organic production at farm level , pest management , permitted biological control , transportation , storage , processing , labelling , advertising and minimum inspection requirements as well as inspection and precautionary measures accreditation requirements inspection and certification bodies shall be prescribed by regulations to be issued hereunder . The African Law Archive 2 / Where detailed organic production rules for livestock and plant products are not provided for by regulations issued hereunder , the Ministry may cause other relevant internationally accepted standards to be recognized and applied . 14. ' The National Brand for Organic Products The Ministry shall : 1 / determine the brand of Ethiopian organic products , and alter same when necessary ; 21 Define the conditions and payments for the use of the brand . PART FOUR MISCELLANEUS PROVISIONS 15.Power to Issue Regulations and Directives 1 / The Council of Ministers may issue regulations necessary for the proper implementation of this Proclamation . 2 / The Ministry may issue directives for the implementation of this Proclamation and regulations issued hereunder . 16. Inapplicable Laws No law , regulation , directive or practice shall , in SO far it is inconsistent with this Proclamation , have effect in respect of matters provided for by this Proclamation . 17. Effective Date This Proclamation shall come into force as the date of their publication in the Federal Done at Addis Ababa , this 8th day of March 2006 . PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA The African Law Archive