The production of processed organic food is based on the use of organic ingredients of agricultural origin in accordance with Article 7(a) of Regulation (EU) 2018/848.
According to Article 30(5)(a) of Regulation (EU) 2018/848, processed foods may only be labelled in the sales name with a reference to organic production in accordance with Article 30(1) of Regulation (EU) 2018/848, if at least 95 percent by weight (salt and added water are not taken into account) of the ingredients of agricultural origin are organic and, in particular, the detailed production rules referred to in Article 16(1) in conjunction with Part IV of Annex II to Regulation (EU) 2018/848 are complied with. This means that a maximum of five percent by weight of non-organic ingredients of agricultural origin may be present in processed foods labelled as organic in the sales name. These non-organic ingredients in processed organic foods labelled in accordance with Article 30(5)(a) must either be listed in accordance with Article 24 of Regulation (EU) 2018/848 in conjunction with Annex V Part B of Implementing Regulation (EU) 2021/1165 or have been provisionally authorised by a Member State in accordance with Article 25 of Regulation (EU) 2018/848.
Where it is necessary to ensure access to certain ingredients of agricultural origin and such ingredients are not available in sufficient quantities as organic products, a Member State may, at the request of an operator, provisionally authorise the use of non-organic ingredients of agricultural origin for the production of processed organic food in its territory for a maximum period of six months. This authorisation is valid for all operators in that Member State.
However, such ingredients must be assessed by the competent national authority according to strict criteria before a temporary authorisation can be granted for six months. The regulation aims to ensure that these derogations are only authorised in cases where the ingredient is not available from organic production. All non-organic ingredients temporarily authorised in the EU can be found on European Commission - Agriculture - OFIS.
The legal provisions relating to the authorisation procedure for non-organic ingredients of agricultural origin are set out, in particular, in Articles 7, 16, 24 and 25, and in Annex II, Part IV, of Regulation (EU) 2018/848.
Applications for the authorisation of a non-organic ingredient of agricultural origin must be submitted by manufacturers or producers to the competent national authority prior to production. Applicants must provide comprehensive information on the ingredient, its origin and its intended use in their products. In particular, they must demonstrate that no suitable organic alternatives are available (supplier’s confirmation). A separate application must be submitted for each ingredient. This also applies to composite food ingredients.
Once the application has been received, it is assessed by the national authority, which either grants or rejects the application for authorisation of the ingredient and notifies the European Commission and other Member States accordingly. The authorisation is valid for six months for all food business operators within the territory and may be renewed twice by the national authority, for a further six months each time, provided no objections are raised against the notification.
When applying for an extension of authorisation, it is important to ensure that all documents are submitted in good time, at least 20 working days before the expiry of the authorisation period. A late application for renewal does not result in any interruption, delay or extension of the maximum authorised approval period of 18 months.
Following a period of non-availability of a biological ingredient lasting longer than 18 months – and thus due to structural reasons – it is no longer possible to extend the authorisation of the non-biological ingredient at national level. The continued use of the non-organic ingredient is only possible following its inclusion in Annex V, Part B, of Implementing Regulation (EU) 2021/1165, in accordance with Article 24(7) of Regulation (EU) 2018/848.
The procedural guidelines for the authorisation of non-organic ingredients of agricultural origin can be found on the Consumer Health (kvg) run by the Federal Ministry of Labour, Social Affairs, Health, Care and Consumer Protection (BMASGPK), you can find the procedural guidelines for the authorisation of non-organic ingredients of agricultural origin (publications of the Control Committee pursuant to Section 5 of the EU-QuaDG – KVG).