Press conference, 26 December 2014, 10.00-11.00
Ukrinform, 8/16 B.Khmelnytskogo St (Teatralna Underground Station)
http://www.ukrinform.ua/ukr/news/2004854
Video from the press-conference available www.youtube.com/watch?v=J-jEi4r9E5E
How dairy monopolists tend to continue misleading consumers?
What is behind eco-, bio- and organic products from Ukrainian
dairy producers?
POST RELEASE
On 26 December 2014 the press conference "Dairy monopolists tend to continue
misleading consumers. What is behind eco-, bio- and organic products from Ukrainian dairy
producers” initiated by Public Union of Certified Organic Producers “Organic Ukraine" was
held in Ukrinform Information Agency.
15 representatives of mass media and 17 stakeholders representing specialized
institutes, consumer protection unions, NGOa and other interested people attended the press
conference.
The press conference was aimed at discussing the non-conformities in the effective
legislation of Ukraine with regard to use of the prefix bio- in labelling of fermented milk
products in conventional production. In the process of discussion the participants of the
conference were able to express their opinions regarding the situation which might create
obstacles to organic market development in Ukraine. Namely, on 16 January 2014 the draft
law “On amendments to Part ХІ “Final Provisions” of Law of Ukraine “On organic
production and trade of organic products and raw materials” was proposed to the
Verkhovna Rada of Ukraine (Parliament of Ukraine); according to the mentioned draft law
the following sentence can be added “Until 1 January 2020 the provision of Clause 7,
Article 29 of this Law shall not apply to dairy products made using probiotic (live
organisms
that
provide
health
benefits
when
consumed)”,
http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=52963.
The participants of the conference and organic market operators agree that this draft
law:
- Allows using the prefix “bio” for labeling conventional products which will mislead
Ukrainian consumers regarding properties of products they buy,
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- Creates artificial obstacles to export as it discredits Ukrainian organic products at
the European markets,
- Damages the image of domestic organic producers certified under EU organic
standard by internationally accredited certification bodies which comply with
IFOAM criteria and recognized by the latter. http://www.ifoam.org/en/ifoamfamily-standards
- Creates a harmful situation for consumers, negatively influences the level of
consumers' confidence and damages the international reputation of Ukraine and its
compliance with obligations within the Ukraine-EU Association Agreement.
This draft law contravenes the effective legislation of Ukraine and EU, namely:
- Law of Ukraine “On consumers’ rights protection”: Clause 1 of Article 15, Clause 3
of Article 15, Sub-clause 1, Clause 7 of Article 15, Sub-clause 1, Clause 2 of Article
19;
- Law of Ukraine “On organic production and trade of organic products and raw
materials” Articles 36 and 37;
- Regulation EC No 834/2007 and implementation of its provisions in Ukrainian
legislation which is envisaged in Annex 38, Chapter 17, Title 5 of Ukraine-EU
Association Agreement.
http://www.organicstandard.com.ua/ua/services/standards
On the other hand, pursuant to Part 7, Article 29 of the effective Law of Ukraine No
425-VII “On organic production and trade of organic products and raw materials”
(hereinafter referred to as the Law) as of 03.09.2013 it is not allowed to label products
which do not comply with this Law as “organic”, “biodynamic”, “ecological”, word or
prefix “bio” etc. Thus, according to the mentioned Law dairy producers are not allowed to
use the words with the prefix “bio” if such products do not comply with the requirements of
the mentioned Law. http://zakon4.rada.gov.ua/laws/show/425-18/page2
The Ukrainian legislation implementation and harmonization of legislative acts with
EU legislation are underway. The extension of implementation of the effective Law No
425-VII “On organic production and trade of organic products and raw materials”, Article
29 and continued use of names “biokefir”, “bio yoghurt” according to the National Standard
of Ukraine DSTU 2212:2003 “Production of milk and fermented products. Definitions” by
dairy producers are unacceptable. Obviously, such facts contravene the Ukrainian
legislation and the defined plan of European integration of Ukraine.
Based on the experience of organic production implementation, international brands
of dairy production in European countries changed the labelling of their products in
compliance with EU Regulation on organic production. They began to identify and label the
origin of bacterial cultures used in fermented products.
Ukraine needs the effective control system in this area in order to provide consumers
with legal, accurate and reliable information. Use of some forms and methods in advertising
may harm consumers. Legal, "transparent" businesses are not interested in absence of
control, as they suffer from unfair market players. Consumer Rights Inspection in Kyiv city
is ready to work towards improvement of legislation in organic sector in order to protect
consumers’ rights and prevent unfair advertising and illegal labelling.
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The Public Union of Certified Organic Producers “Organic Ukraine”, NGOs,
consumers’ associations, and Ukrainian organic operators have the following proposals for
legislative and executive authorities:
- only certified organic producers shall have the right to label products "organic
product” (as well as “bio”, “eco” and “organic”).
- to make remarks to the draft law “On amendments to Part ХІ “Final Provisions” of
Law of Ukraine “On organic production and trade of organic products and raw materials”
about extension of prohibition to label products with the prefix “bio” to 1 January 2016.
This period is sufficient to give agricultural and processing enterprises time to change
marketing information, packaging and adapting their consumers.
The following people participated in the press conference:
1.
Oleg Zhukovskyi, Chairman of the Steering Committee of Ethnoproduct
PRSC, the initiator and owner of organic dairy processing enterprise under
Ethnoproduct TM, Chernigiv region.
2.
Olena Stretovych, the Director of Organic Dairy Plant “Organic Milk”,
Zhytomyr region.
3.
Tetyana Yablonska, the initiator and owner of Lybid-K Company which
produces certified organic goat milk products under Svit Bio TM, Khmelnytsk
region.
4.
Olena Berezovska, an initiator and Chairman of the Board of the Public
Union of Certified Organic Producers “Organic Ukraine”, Kyiv city.
5.
Valentyn Obschtyr, Chairman of the Steering Committee of Staryi Porytsk
Company, organic milk producer, Volyn region.
6. Ruslan Bilyk, Facilitator Dairy, Swiss-Ukrainian Project “Organic Market
Development in Ukraine” (2012-2016), Research Institute of Organic Agriculture
(FiBL), Kyiv city.
7.
Tetyana Sytnyk, Director of Retail Academy, the partner of the Public
Union of Certified Organic Producers “Organic Ukraine”, Kyiv city.
8.
Sergiy Ryabeka, Head of Advertising and Distant Trade Control,
Inspection of Consumer Rights Protection in Kyiv city.
Organizer: the Public Union of Certified Organic Producers “Organic Ukraine”,
Kyiv city.
For further information contact: 067-17-17-577, [email protected].
The event is held in the framework of Swiss-Ukrainian
Project “Organic Market Development in Ukraine”
implemented by Research Institute of Organic Agriculture
(FiBL)
with the financial support of the Swiss
Confederation.
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