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Legislation and Standards area

Organic Food and Farming

Legislation and Standards area

Derogations for using non-organic ingredients of agricultural origin in organic products

Article 5(4) of Council Regulation (EEC) 2092/91 .pdf" (183 KB) allows some non-organic ingredients of agricultural origin to be used in organic products because they are not available in organic form. Such ingredients are listed in Annex VI.C of the Regulation.

However, it is recognised that sometimes processors will need to use a non-organic agricultural ingredient which is not listed in Annex VI.C. Article 3 of Commission Regulation (EEC) 207/93 allows Member States to issue "derogations" to use non-organic ingredients in organic products.

In the UK processors requiring a derogation should first gain approval from their Certification Body and then complete Defra’s OB9 application form. There is a charge of £38 for the assessment of ingredient derogation applications and the production of ingredient derogations. Please see the application form for payment details.

For us to issue a derogation under Reg 207/93, the ingredient an applicant applies for permission to use must be one of the following:

  1. a single agricultural product, or product derived from it by appropriate washing, cleaning, thermic and/or mechanical processes and /or by physical processes having the effect of reducing the moisture content of the product.
  2. products derived from the products mentioned at (1) by other processes used in food processing, unless these products are considered food additives or flavourings.

If you are unclear whether your ingredient conforms to this please speak to your Certification Body or Defra.

This OB9 application will need to be accompanied by a clear statement from the applicants supplier stating that every effort has been made to find an organic equivalent. Acceptable proof would be:

  • Letter(s) or fax(es) from suppliers stating that organic supplies of the ingredient are either not produced or are temporarily unavailable on the EC market (this is a legal requirement)

or

  • If the reason for not using organic ingredients is that the organic equivalent does not fit a required specification, then the precise specification must be supplied.

If Defra is satisfied with the information provided, a derogation will be issued. This derogation will last for three months initially. If an organic source of the ingredient cannot be found within that time, processors may apply for a seven month extension. This extension should be applied for in the same way as detailed above.

Contacts:

Organic Branch
c/o Defra
Area 4D
Nobel House
Smith Square
London SW1P 3JR

Email: organic.imports@defra.gsi.gov.uk

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Page last modified: 28 February 2007
Page published: 26 November 2003

Department for Environment, Food and Rural Affairs