The Organic Production (Amendment) Regulations 2025

Published: Wed 22nd Oct 25 Came into force: Thu 1st Jan 26

Department: Department for Environment, Food and Rural Affairs

The Regulations amended Commission Regulation (EC) No 889/2008 to extend exceptions regarding non-organic animal rearing and feed use until the end of 2026 and clarified the use criteria for the food additive gellan gum in organic production.

The Organic Production (Amendment) Regulations 2025 modify existing European Union derived legislation governing organic production and labelling within the UK, specifically amending Commission Regulation (EC) No 889/2008 to extend certain transitional measures.

These amendments principally grant extensions until 31st December 2026 for the use of non-organically reared pullets in organic egg production flocks and permit the use of up to 5% non-organic protein feed for specific weight/age categories of piglets and poultry during the 2026 calendar year due to potential unavailability of organic supplies.

Additionally, a condition is added regarding the use of gellan gum in processed organic food, allowing non-organic sources if organic supplies are insufficient.

Arguments For

The extension of derogations for using non-organic animals (pullets) and protein feed (for certain piglets and poultry) addresses potential supply chain shortages, ensuring the continuity of organic farming operations where organic alternatives are temporarily unavailable.
Amending Annex 8 to allow the use of non-organic gellan gum (E 418) when organic sources are insufficient provides flexibility for processed organic food manufacturers, preventing production halts due to ingredient scarcity.
Aligning procedural matters, such as conferring powers on the Secretary of State and securing consent from Scottish and Welsh Ministers, ensures the regulatory changes are properly enacted across the relevant devolved administrations and nations of the UK.

Arguments Against

Extending the time limits for using non-organic inputs (animals and feed) delays the full implementation of organic standards, potentially diminishing consumer trust in the 'organic' label if exemptions are prolonged.
Allowing specific exemptions for piglet and poultry feed raises concerns about maintaining the integrity of the organic supply chain, as non-organic protein feed may contain materials prohibited under stricter organic regimes.
The use of non-organic pullets, even temporarily, deviates from the established principles of organic livestock rearing, increasing regulatory complexity for certifiers and producers who must monitor the conditions of these exemptions.

The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 22(1) and 38b(8) of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products.

The Scottish Ministers and the Welsh Ministers have consented to the Secretary of State making these Regulations for the purposes of Article 38a(3) of that Regulation.

In accordance with Article 38b(9) of that Regulation, the Secretary of State has consulted such bodies or persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by these Regulations and such other bodies or persons as the Secretary of State considers appropriate.

The Secretary of State is making these Regulations using powers granted under Articles 22(1) and 38b(8) of Council Regulation (EC) No 834/2007, which concerns organic production and product labelling.

For aspects related to Article 38a(3) of the same Regulation, the Scottish Ministers and the Welsh Ministers have given their agreement to the Secretary of State making these rules.

Before implementing these changes, the Secretary of State followed Article 38b(9) by consulting with relevant representative bodies and other appropriate individuals likely to be significantly impacted by the new Regulations.

Citation, commencement and extent

1. (1) These Regulations may be cited as the Organic Production (Amendment) Regulations 2025 and come into force on 1st January 2026.

(2) These Regulations extend to England and Wales and Scotland.

The title of these statutory rules is the Organic Production (Amendment) Regulations 2025, and they legally begin on January 1st, 2026.

These Regulations apply legally across England, Wales, and Scotland.

Amendment to Commission Regulation (EC) No 889/2008

2. (1) Commission Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control is amended as follows.

(2) In Article 42 (use of non-organic animals), in paragraph (b), for “31 December 2025” substitute “31st December 2026”.

(3) In Article 43 (use of non-organic protein feed of plant and animal origin for livestock)—

(a) in the first paragraph, for “for porcine and poultry species” substitute “until 31st December 2026 for piglets of not more than 35 kilograms in weight and poultry not more than 30 weeks old”;

(b) in the second paragraph, for “calendar years 2022, 2023, 2024 and 2025” substitute “the calendar year 2026”.

(4) In Annex 8 (certain products and substances for use in production of processed organic food, yeast and yeast products referred to in Article 27(1)(a) and Article 27a(a)), in Section A headed “Food additives, including carriers”, in the entry relating to E 418 (gellan gum), in the fifth column, after “production” insert “, unless sufficient quantities derived from organic production are unavailable”.

The rules introduce changes to Commission Regulation (EC) No 889/2008, which details how Council Regulation (EC) No 834/2007 on organic production and labelling is implemented.

Specifically, the deadline for the conditional use of non-organic animals listed in Article 42(b) is moved from December 31, 2025, to December 31, 2026.

Changes are made to Article 43, concerning the temporary use of non-organic feed for livestock.

The provision allows restricted use of non-organic protein feed for specific young pigs (not exceeding 35kg) and poultry (not exceeding 30 weeks old) until December 31, 2026.

Furthermore, the applicable period for the general scheme related to non-organic protein feed substitution is redefined to cover only the calendar year 2026.

In Annex 8, concerning food additives, a condition is added for the use of gellan gum (E 418) specifying that it may be used even if derived from non-organic sources if sufficient organic quantities cannot be obtained.

Explanatory Memorandum PDF View Source

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