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Once again, a warning has been issued - this time by the Zentrale zur Bekämpfung unlauteren Wettbewerbs e.V. ("Wettbewerbszentrale"). ("Wettbewerbszentrale") - and in this case it is about the online sale of organic food without the traders themselves being subject to the controls of a competent organic control body. The Wettbewerbszentrale argues that those traders who evade the legal requirements, i.e. save themselves the costs of the legally required certification, have a competitive advantage.

The legal basis

In fact, every trader who produces, prepares, stores, imports from a third country or places on the market organic products is obliged, according to Art. 28 (1) of Council of Europe Regulation (EC) No. 834/2007 of 28 June 2007 on organic production and labelling of organic products (EC Organic Regulation), to declare his activity to the competent authorities of the member state in which this activity is carried out and to submit his enterprise to the control system before placing any products on the market. Thus, according to the regulation, the entire retail trade is obliged to be certified.

Anyone who sells organic wine - recognisable by the EU organic label - over the internet% needs organic certification. Otherwise there is the threat of expensive warning letters. (Source: ec.europa.eu)

According to Art. 28 (2) of the EC Regulation on Organic Agriculture there is the possibility of an exemption regulation for the member states, and Germany has made use of this and implemented it in § 3 (2) of the Organic Agriculture Act (ÖLG). According to this, retailers are exempt from the inspection obligation if the products are sold directly to end consumers or users.

However, online traders cannot invoke this exemption, as they do not sell organic products directly to the final consumer. Rather, there is no direct act of sale with the presence of the final consumer, as is the case in supermarkets, for example.

Conclusion

For online traders of organic food and thus also organic wine, this means that they have to submit to the inspections of the organic inspection bodies and either get certified for the sale of organic products or remove their organic products from their assortment.

The following link lists the addresses of the organic inspection bodies in Germany: www.oekolandbau.de/service/adressen/oeko-kontrollstellen. For Wein-Plus members, the framework contract partner ÖkoP is especially recommended at this point.

Traders who have already received a warning letter and are supposed to issue a cease-and-desist declaration within a short period of time, which is subject to a contractual penalty, should not simply sign this pre-formulated cease-and-desist declaration without checking it, but should seek legal advice immediately. Premium members of wein.plus can also use a corresponding framework agreement for this purpose.

RA Kröger offers Business Premium members of wein.plus a free initial consultation after receiving a warning letter: To the initial consultation

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