Decreto Nº 6323, DE 27 DE DEZEMBRO DE 2007  
Situação:  Vigente   
Publicado no Diário Oficial da União de 28/12/2007 , Seçã o 1 , Página 2  
Ementa:  Regulamenta a Lei no 10.831, de 23 de dezembro de 2003, que dispõ e sobre a agricultura orgânica, e dá outras providê ncias. 
Histórico:  
Vide Lei nº 10831 de 23/12/2003  
 
 
DECREE No. 6323 OF 27 TH  DECEMBER, 2007. 
 
 
Regulates Law No. 10.831 of 23 rd  December on 
organic agriculture and sets other provisions.  
 
 
THE PRESIDENT OF THE REPUBLIC , exercising the powers conferred upon him by 
Article 84, Items IV and VI, sub-item “a” of the Co nstitution and whereas the provisions of Law No. 
10831 of 23 rd  December, 2003, 
 
 
D E C R E E S : 
 
 
Art. 1. The activities pertaining to the developmen t of organic agriculture approved by Law 
No. 10831 of 23 rd  December, 2003 are hereby regulated by this Decree  without loss to the observance of 
further rules establishing other measures in relati on to the quality of products and processes. 
 
TITLE I 
PRELIMINARY PROVISIONS 
 
CHAPTER I 
DEFINITIONS 
 
Art. 2. The following definitions apply to this Dec ree: 
 
I – initial accreditation: a procedure carried out by the National Institute of Metrology, 
Standardisation and Industrial Quality (Inmetro) co nstituting the initial part of the full accreditati on 
process for conformity assessment bodies, which is carried out by the Ministry of Agriculture, Livesto ck 
and Supply; 
 
II – accreditation audit: a procedure by which an o fficial team of auditors assesses a legal 
entity requesting accreditation as a conformity ass essment body in order to verify its conformity with  
official regulation;   
III – organic certification: an act by which an acc redited conformity assessment body issues 
written assurance that a clearly identified product ion or process has been methodically assessed and i s in 
conformity with the organic production rules in for ce; 
 
IV – accreditation: a procedure by which the Minist ry of Agriculture, Livestock and Supply 
formally recognises that a conformity assessment bo dy is qualified to carry out conformity assessments  of 
organic products according to official organic prod uct regulations and to criteria in force; 
 
V – scope: production segment that is the object of  the organic conformity assessment, such 
as: primary animal production, primary agricultural  production, extractivism, processing of animal 
products, processing of agricultural products, and others as defined by the official organic productio n 
regulation in force; 
 
VI – organic sustainable extractivism: a set or pra ctices associated with the sustained 
management of natural resources with the purpose of  having its products recognised for having organic 
qualities; 
 
VII – organic integrity: condition of a product in which all features inherent to organic 
products are preserved; 
 
VIII – social control organisation: a group, associ ation, cooperative or consortium previously 
registered with the Ministry of Agriculture, Livest ock and Supply, that assembles family farmers who s ell 
their products directly, and has an organised proce ss to generate credibility from the interaction of people 
or organisations, based on participation, compromis e, transparency and trust, and is recognised by the  
society; 
 
IX – conversion period: period of time elapsed from  the beginning of organic management, 
extractivism, crop farming or animal farming until their recognition as an organic production system; 
 
X – parallel production: production obtained at a p roduction unit or establishment where there 
is harvesting, cultivation, raising or processing o f organic and non-organic products at the same time ; 
 
XI - producer: any individual or legal entity respo nsible for developing an organic product, 
whether in natura  or processed, obtained from an organic agricultura l and livestock production system or 
resulting from a sustainable extractive process tha t is not harmful to the local ecosystem; 
 
XII – organic quality: a quality involving organic production principles related with sanitary, 
environmental and social issues; 
 
XIII – organic production network: involves agents operating at different levels of the 
production process, processing, transportation, sto rage and trading or consumption of organic products ; 
 
XIV – working relations under special conditions: s pecial conditions involving the 
participation of children in tasks carried out by t heir family in the field, with the purpose of inclu ding 
their participation and preparing them for future w ork, being thus respected by the organic producers 
because it constitutes one of the bases of traditio nal local communities;   
XV – certification system: a set of rules and proce dures adopted by a certifying body, which 
assesses the conformity of a product, process or se rvice, by means of an audit, for the purpose of 
certification; 
 
XVI – Participative Organic Quality Assurance Syste ms: a set of activities carried out within a 
certain organisational framework with the purpose o f warranting that a product, process or service 
complies with specific regulations or rules and tha t it has been submitted to a participative conformi ty 
assessment; 
XVII – organic agricultural and livestock productio n system: any system in which specific 
techniques are employed through the optimisation of  natural and socioeconomic resources available, and  
respect for the cultural integrity of rural communi ties with the purpose of achieving economic and 
ecological sustainability, maximising social benefi ts, minimising dependence on non-renewable energies  
and whenever possible, employing cultural, biologic al and mechanical methods as opposed to the use of 
synthetic materials, with the elimination of geneti cally modified organisms and ionising radiations in  any 
stage of the production process, processing, storag e, distribution and trading, while protecting the 
environment; 
 
XVIII – production unit: a venture devoted to the p roduction, handling or processing of 
organic products; and 
 
XIX – direct selling: a direct trading relationship  between the producer and the end consumer 
without intermediation; an agent will be accepted, as long as they are the producer or a member of the ir 
family who takes part in the production process and  in their own organisational framework. 
 
 
CHAPTER II 
GUIDELINES 
 
Art. 3. The guidelines for organic agriculture are as follows: 
 
I – contribution of the organic production network towards sustainable local, social and 
economic development; 
 
II – maintenance of continuing efforts by the organ ic production network in order to conform 
to environmental and labour legislations concerning  the production unit as a whole; 
 
III – development of locally organised agricultural  and livestock systems based on renewable 
resources; 
 
IV – encouragement for the organic production netwo rk integration and regionalisation of 
production and trading, including the stimulation o f a direct relationship between producer and end 
consumer; 
 
V – inclusion of sustainable practices throughout t he process, from the choice of product to be 
cultivated to its placement in the market, includin g the management of production systems and residues  
generated;   
VI – preservation of the biological diversity of na tural ecosystems and reconstruction or 
development of the biological diversity of modified  ecosystems where the production system is located,  
with special attention to species threatened with e xtinction; 
 
VII – working relationships based on fair, dignifie d and equal treatment, without consideration 
to any form that the work contract may take;  
 
VIII –responsible consumption, fair and solidary tr ade based on ethical procedures; 
 
IX – the offer of healthy products, free from conta minants derived from the intentional use of 
products and processes that may produce them, and p utting at risk the environment and the health of 
producers, workers or consumers;  
 
X – the use of management and processing good pract ices with the purpose of maintaining the 
organic integrity and the vital qualities of the pr oduct during all phases; 
 
XI – the employment, at the production unit, of pra ctices that consider the healthy use of the 
soil, water and air, so as to reduce all forms of c ontamination of and waste in these elements to a 
minimum; 
 
XII – the use of production management practices th at preserve the well-being of animals; 
 
XIII – to increase the means necessary to the devel opment and balance of the soil’s biological 
activity; 
 
XIV – the employment of products and processes that  maintain or increase soil fertility in the 
long term; 
 
XV – the recycling of organic residues, thereby red ucing the use of non-renewable resources 
to a minimum; and 
 
XVI – the progressive conversion of the whole produ ction unit into an organic system. 
 
 
TITLE II 
GENERAL PROVISIONS 
 
CHAPTER I 
WORKING RELATIONSHIPS 
 
Art. 4. The tradition, culture and social organisat ion mechanisms of local traditional 
communities shall be respected within working relat ionships under special conditions. 
 
Art. 5. The access of workers to basic services and  a safe, healthful, orderly and clean working 
environment must be observed at all organic product ion units. 
  § 1. The employer is hereby responsible for the saf ety, information and training of workers 
referred to in the caput . 
 
§ 2. Organic quality assurance bodies may demand th at employers sign a term of affirmation 
with their employees, including measures to be take n in favour of the continuous improvement of their 
quality of living. 
 
 
CHAPTER II 
PRODUCTION 
 
Section I 
Conversion 
 
Art. 6. An area within a production unit shall only  be considered organic after a period of 
conversion has been observed. 
 
§ 1. The period of conversion shall vary according to the type of exploration and prior use of 
the unit, with consideration to the present socioen vironmental situation. 
 
§ 2. The activities to be carried out during the co nversion period must be established in a 
production unit organic management plan. 
 
Section II 
Parallel Production 
 
Art. 7. Parallel production is allowed at productio n units and establishments that grow, raise or 
process organic products. 
 
§ 1. In areas and establishments where parallel pro duction takes place, the organic products 
must be clearly separated from non-organic products  and a description of the production process, 
processing and storage shall be required. 
 
§ 2. Where there is a processing unit for both orga nic and non-organic products, the processing 
of organic products must be carried out in total is olation from non-organic products, be it relation t o the 
processing area or the processing times. 
 
§ 3. All production units and production establishm ents, whether organic or non-organic, shall 
be the object of control by the conformity assessme nt body or the social control organisation of which  the 
direct selling family farmer is a member. 
 
Art. 8. Any raw materials, inputs, medicines and su bstances used in non-organic production at 
production units or establishments involved with th e parallel production of organic products, shall be  kept 
under rigorous control at an isolated and appropria te location. 
 
Only paragraph. Non-organic production as referred to in the caput  shall not contain 
genetically modified organisms.   
Section III 
Technical Regulations for Production 
 
Art. 9. It falls to the Ministry of Agriculture, Li vestock and Supply to lay down technical 
regulations for the obtainment of organic products,  independently or together with other Ministries. 
 
§ 1. The regulations referred to in the caput  shall contemplate animal and agricultural 
production, organic sustainable extractivism, proce ssing, packaging, labelling, transportation, storag e and 
trading. 
 
§ 2. The regulations for the products of organic su stainable extractivism shall apply only to 
products for which organic identification is being sought.  
 
§ 3. Processing regulations shall be the result of a joint act by the Ministry of Agriculture, 
Livestock and Supply and the Ministry of Health. 
 
§ 4. Organic sustainable extractivism regulations s hall be the result of a joint act by the 
Ministry of Agriculture, Livestock and Supply and t he Ministry of Health. 
 
§ 5. Regulating processes shall contemplate the par ticipation of the committees provided for in 
Article 33. 
 
 
Section IV 
Good Practices  
 
Art. 10. It falls to the Ministry of Agriculture, L ivestock and Supply to lay down a good 
practices manual for organic production, independen tly or together with other Ministries. 
 
Only paragraph. The manual provided for in the caput  shall guide the continuous improvement 
of organic production systems through the progressi ve adoption of good management practices whenever 
conditions for such are verified. 
 
 
CHAPTER III 
TRADING 
 
Section I 
Internal Market 
 
Art. 11. Organic products meant for trading in the domestic market shall comply with the 
provisions herewith as well as other legal provisio ns. 
 
Art. 12. Organic products shall be protected at all  moments from being mixed with non-
organic products and from coming into contact with materials and substances unauthorised for use in 
organic production.   
Art. 13. Organic products susceptible to contaminat ion by contact or that cannot be visually 
distinguished must be identified and kept separate from other, non-organic products. 
 
Art. 14. Retailers must identify and keep organic p roducts susceptible to contamination by 
contact or that cannot be visually distinguished fr om others in an enclosed area to contain organic 
products only. 
 
Art. 15. All organic products sold in bulk must dis play the identity of its supplier while being 
exhibited. 
 
Art. 16. Any restaurants, hotels, snack bars and si milar premises advertising meals prepared 
with organic ingredients in their menus shall do as  follows: 
 
I -  keep an updated list at the disposal of consum ers including organic items on offer, items 
prepared with organic ingredients and their supplie rs of organic products; 
 
II – when requested by surveillance bodies, to pres ent the directions of their organic produce 
suppliers, the quantities of organic products purch ased and traded. 
 
Art. 17. When selling organic products directly to consumers, family farmers shall make 
available to them their proof of registration with the surveillance body mentioned in Article 22 of th is 
Decree. 
 
Section II 
Exporting 
 
Art. 18. Any export products complying with country  of destination or importing country 
requirements implying in the use of products or pro cesses not allowed by Brazilian regulation shall no t be 
traded as organic. 
 
Only paragraph. The products mentioned in the caput  shall not be granted the seal of the 
Brazilian organic conformity assessment system. 
 
Section III 
Importing 
 
Art. 19. In order to be traded within the country a s organic products, any imported organic 
products must be in compliance with Brazilian organ ic production regulations. 
 
§ 1.  For the purposes of the provision in the caput , the product must:: 
 
I – bear a certification granted by an organic conf ormity assessment body accredited by the 
Ministry of Agriculture, Livestock and Supply; or 
 
II – come from a country signatory of an agreement of equivalence or of mutual recognition of 
organic conformity assessment systems with Brazil.   
§ 2. Any imported products subjected to quarantine treatment not compatible with Brazilian 
organic production regulation shall be stripped off  their organic condition. 
 
 
CHAPTER IV 
QUALITY INFORMATION 
 
Section I 
Labelling 
 
Art. 20. Further to compliance with specific techni cal regulations in force for the product 
being labelled, any products included in the Brazil ian Organic Conformity Assessment System shall 
comply with the requirements for labelling organic products and bear the System’s seal. 
 
Art. 21. Only products traded directly with consume rs and verified by a conformity assessment 
body accredited by the Ministry of Agriculture, Liv estock and Supply may bear the seal of the Brazilia n 
Organic Conformity Assessment System. 
 
Only paragraph. The following expression shall be d isplayed either at the product’s trading 
point or on its label: organic product not subject to certification according to the provisions of Law  no. 
10831 of 23 rd  December, 2003. 
 
Section II 
Identification for Direct Selling  
 
Art. 22. The Ministry of Agriculture, Livestock and  Supply shall lay down rules for the 
identification of family farmers trading directly w ith consumers, according to the provisions of Artic le 17 
of this Decree. 
 
Only paragraph. The rules mentioned in the caput  must contemplate the issuance of a proof of 
registration of the family farmer by the surveillan ce body. 
 
Section III 
Advertising and Publicity 
 
Art. 23. The use of expressions, titles, trademarks , pictures or any other mode of information 
capable of inducing the consumer into error as to t he assurance of the organic quality of the products  
being offered are hereby forbidden when advertising  and publicising products not produced by organic 
production systems. 
 
 
CHAPTER V 
INPUTS 
 
Art. 24. The Ministry of Agriculture, Livestock and  Supply shall lay down mechanisms to 
prioritise and simplify the registration of inputs approved for use in organic agriculture.   
Only paragraph. In the case of inputs requiring the  participation of other bodies for their 
registration, the mechanisms in the caput  shall be laid down together with the other compete nt federal 
bodies, with consideration to the same priority and  simplification principles as long as it does not i mply in 
any risks to health or environment. 
 
 
TITLE III 
CONTROL MECHANISMS 
 
 Art. 25. Any individuals or legal entities, whethe r governed by public or private law, 
producing, transporting, trading or storing organic  products are hereby obliged to regularise their 
activities with the competent bodies. 
 
 
CHAPTER I 
RESPONSIBILITIES OF THE PARTIES 
 
Art 26. The regularisation provided for in Art. 25 shall comply with the requirements laid 
down for family farmers selling directly without ce rtification and, in all other cases, to the require ments 
laid down by the Brazilian Organic Conformity Asses sment System, all peculiarities and restrictions 
observed, as defined for each of them. 
 
Art. 27. In order to keep the integrity of the Braz ilian Organic Conformity Assessment 
System, formal agreements shall be signed by produc ers, accredited organic conformity assessment 
bodies and the Ministry of Agriculture, Livestock, and Supply, including, in particular, the definitio n of 
responsibilities. 
 
§ 1.  The producers are responsible for: 
 
I – following technical regulations;   
 
II – consenting to the performance of audits, inclu ding those performed by the accredited 
organic conformity assessment body; 
 
III – supplying accurate information within the sti pulated period; 
 
IV – supplying information about their participatio n in other activities related with the scope 
but not included in the certification process; 
 
V – informing the accredited organic conformity ass essment body of any changes to their 
trading and production system. 
 
§ 2. The accredited organic conformity assessment b odies are responsible for updating any 
information about and related to the producers in t he national register of organic producers. 
  § 3. The Ministry of Agriculture, Livestock and Sup ply is responsible for keeping the national 
register of organic conformity assessment bodies an d the national register of organic producers. 
 
 
CHAPTER II 
SOCIAL CONTROL AT DIRECT SELLING WITHOUT CERTIFICAT ION 
 
Art. 28. In order to trade directly with consumers with no certification, family farmers must be 
part of a social control organisation registered wi th the Ministry of Agriculture, Livestock and Suppl y or 
another federal, state or district surveillance bod y signing a covenant with it. 
 
§ 1. In the case provided for in the caput , family farmers will have to warrant the traceabil ity 
of their products and grant free access to producti on and processing locations by surveillance bodies and 
consumers alike. 
 
§ 2. In order to sign a covenant with the Ministry of Agriculture, Livestock and Supply to 
control direct selling without certification, the f ederal, state or district body must have among its staff 
employees with powers to carry out surveillance act ivities and who are trained to work with organic 
agriculture. 
 
§ 3. The Ministry of Agriculture, Livestock and Sup ply shall lay down an act containing the 
procedures for the registration provided for in the  caput , in consultation with the Ministry of Agrarian 
Development and the Ministry of the Environment. 
 
 
CHAPTER III 
THE BRAZILIAN ORGANIC CONFORMITY ASSESSMENT SYSTEM 
 
Section I 
Objective 
 
 Art. 29. The Brazilian Organic Conformity Assessme nt System is hereby instituted and is 
integrated by Federal Public Administration bodies and legal entities, and by conformity assessment 
bodies accredited by the Ministry of Agriculture, L ivestock and Supply for this purpose. 
 
 § 1. The States and the Federal District may becom e part of the Brazilian Organic Conformity 
Assessment System by signing covenants for this pur pose with the Ministry of Agriculture, Livestock an d 
Supply, acting as the Union representative. 
 
 § 2.  The Brazilian Organic Conformity Assessment System is formed by the Participative 
Organic Quality Assurance Systems and by Certificat ion by Audit. 
 
 Art. 30. The Brazilian Organic Conformity Assessme nt System shall be identified by a unique 
seal throughout the national territory. 
 
 Only paragraph. The seal shall aggregate the ident ification of the organic conformity 
assessment system employed.   
Art. 31. The Brazilian Organic Conformity Assessmen t System shall be managed by the 
Ministry of Agriculture, Livestock and Supply. 
 
Only paragraph. It falls to the Ministry of Agricul ture, Livestock and Supply to accredit, 
follow up and surveil the organic conformity assess ment bodies. 
 
Art. 32. The Ministry of Agriculture, Livestock and  Supply, in articulation with the other 
bodies responsible for registering organic products , shall be responsible for surveilling the complian ce 
with organic production regulations at registered p roducers. 
 
§ 1. The Ministry of Agriculture, Livestock and Sup ply shall develop the means to receive and 
process information related with the registration a nd control actions in the caput  as a means of 
information support for the Brazilian Organic Confo rmity Assessment System.  
 
§ 2. The bodies responsible for registering and con trolling the products provided for in the 
caput  shall be responsible for passing on to the Agrofor estry Coordination of the Secretariat for 
Agricultural and Livestock Development and Cooperat ivism of the Ministry of Agriculture, Livestock 
and Supply: 
 
I – information relating to any infringements detec ted; and 
 
II – the name of the organic conformity assessment body responsible for assuring the quality 
of the product targeted for infringement. 
 
Section II 
Committees 
 
Art. 33. The Ministry of Agriculture, Livestock and  Supply shall organise Organic Production 
Committees at every Federation Unit (CPOrg-UF) as p art of each Federal Superintendence of 
Agriculture, and a National Organic Production Comm ittee (CNPOrg) as part of the Agroforestry 
Coordination, with the purpose of helping the actio ns necessary to the development of organic 
production, based on integration among the various organic production network agents in the public and  
private sectors, and the effective participation of  society in the planning and democratic management of 
public policies. 
 
§ 1. The committees will be formed in equal proport ions and status by members of the public 
sector and the civil society with a proven track re cord in organic production. 
 
§ 2. The minimum and maximum number of participants  in the committees shall correspond to 
the different realities of each Federation Unit. 
 
§ 3. The constitution of the National Organic Produ ction Committee shall warrant the presence 
of at least one private sector representative from each geographic region. 
  § 4. Public sector members of the Organic Productio n Committees at every Federation Unit 
shall represent different segments, wherever possib le, such as: technical assistance, research, educat ion, 
financing and control. 
 
§ 5. Private sector members of the Organic Producti on Committees at every Federation Unit 
shall represent different segments, wherever possib le, such as: production, processing, trading, techn ical 
assistance, conformity assessment, education, input  production, social mobilisation and consumer 
protection. 
 
Art. 34. The duties of the National Organic Product ion Committee are: 
 
I – to issue opinions on organic production regulat ions considering the manifestations of the 
Organic Production Committees at every Federation U nit; 
 
II – to propose regulations with the purpose of imp roving the organic production network on 
the domestic and international levels, considering the proposals presented by the Organic Production 
Committees at every Federation Unit; 
 
III – to assist the Brazilian Organic Conformity As sessment System;  
 
IV – to articulate and encourage the creation of se ctor and territorial forums to improve 
representation of the social movement involved with  organic production; 
 
V – to discuss and propose standings to be adopted by Brazilian representatives at domestic 
and international forums on organic production, con solidating the standings of the Organic Production 
Committees at every Federation Unit; and 
 
VI – to guide and suggest activities to be develope d by the Organic Production Committees at 
every Federation Unit. 
 
Art. 35. The duties of the Organic Production Commi ttees at every Federation Unit are: 
 
I – to issue opinions on organic production regulat ions; 
 
II – to propose regulations to the National Organic  Production Committee with the purpose of 
improving the organic production network on domesti c and international level 
 
III – to assist the Brazilian Organic Conformity As sessment System;  
 
IV – to contribute with the development of a databa se of specialists capable of acting in the 
initial accreditation process; 
 
V – to articulate and encourage the creation of sec tor and territorial forums to improve 
representation of the social movement involved with  organic production;  
 
VI – to discuss and propose standings to be adopted  by Brazilian representatives at domestic 
and international forums on organic production; and    
VII – to issue opinions on accreditation requests f rom organic conformity assessment bodies.  
 
 
Section III 
Organic Conformity Assessment Bodies 
 
Art. 36. The conformity assessment bodies shall be legal entities governed by public or private 
law, for-profit or non-profit, previously accredite d by the Ministry of Agriculture, Livestock and Sup ply. 
 
§ 1. Legal entities governed by public law accredit ed to perform organic production 
conformity assessments cannot be cumulatively respo nsible for surveillance procedures related with the  
organic production. 
 
§ 2. The conformity assessment bodies accredited fo r certification by audit shall not engage in 
activities related with the technical assistance of  production units. 
 
 
Section IV 
Participative Organic Quality Assurance Systems  
 
Art. 37. The Ministry of Agriculture, Livestock and  Supply, the Ministry of Agrarian 
Development and the Ministry of the Environment sha ll provide support for the construction of the 
Participative Organic Quality Assurance Systems. 
 
Subsection I 
Operations of the Participative Organic Quality Ass urance Systems 
 
 
  Art. 38. Each Participative Organic Quality Assura nce System (SPG) shall be composed by 
the body of its members and by a participative conf ormity assessment body accredited by the Ministry o f 
Agriculture, Livestock and Supply. 
 
 § 1. The following are considered to be system mem bers: producers, traders, transporting 
agents, storage agents, consumers, technicians and public or private organisations in operation in the  
organic production network. 
 
 § 2. For the purposes of the provisions of § 1, pr oducers are considered to be any individual 
farmers, associations, cooperatives, condominiums a nd other forms of organisation, whether formal or 
informal. 
 
 § 3. The participative conformity assessment body provided for in the caput  must be a 
corporate entity and its formal duties and responsi bilities in the Participative Organic Quality Assur ance 
System must be included in its bylaws. 
   § 4. The participative conformity assessment body shall have as part of its structure at least 
one assessment committee and one resources council,  to be constituted by representatives of the system ’s 
members. 
 
 § 5. If the participative conformity assessment bo dy is formed as part of an existing 
organisation, its bylaws shall include the creation  of a specific sector for the purpose of carrying o ut 
organic conformity assessments, which is to have it s own management mechanism. 
 
Art. 39. The participative conformity assessment bo dy shall keep all registers that warrant the 
traceability of products under organic conformity a ssessment. 
 
Subsection II 
Accreditation of the Participative Conformity Asses sment Bodies 
 
Art. 40. The participative conformity assessment bo dy shall request its accreditation as organic 
conformity assessment body from the Ministry of Agr iculture, Livestock and Supply, and it shall fulfil  the 
following requirements: 
 
I – to submit its bylaws and a formal declaration i dentifying the scope of its operations; 
 
II – to submit the register of production units ass essed by it in the role of participative organic 
production conformity assessment body or a declarat ion that there are no projects being followed up; a nd 
 
III – to obtain an opinion from the Organic Product ion Committee, established according to 
the provisions of Article 34, at the Federal Superi ntendence of Agriculture of the Federation Unit whe re 
its headquarters are located. 
 
Art. 41. The accreditation must be preceded by an a udit to be performed under the 
responsibility of the Ministry of Agriculture, Live stock and Supply, with the purpose of verifying whe ther 
the legal requirements are being complied with. 
 
Only paragraph. The specialists that will constitut e the audit teams must have proven 
experience and professional qualifications compatib le with the scope of their operations, as requested  by 
the participative conformity assessment body. 
 
Art. 42. The accreditation request may be rejected by a justified opinion from the Agroforestry 
Coordination of the Ministry of Agriculture, Livest ock and Supply. 
 
Only paragraph. Recourse against rejection of the a ccreditation request may be presented to 
the Directory of the Production and Sustainability Systems Department of the Ministry of Agriculture, 
Livestock and Supply, in the form and at a time per iod to be fixed by a ministerial decree. 
 
Art. 43. The accredited organic conformity assessme nt body may request an extension of 
scope to its accreditation by submitting further do cumentation. 
  Only paragraph. The Organic Production Committee at  the Federation Unit in charge shall 
issue an opinion, and the Agroforestry Coordination  of the Ministry of Agriculture, Livestock and Supp ly 
shall define whether there is need for a new audit.  
 
Art. 44. The accreditation process for scopes inclu ding products under the competence of other 
bodies shall be carried out with the participation of the said bodies in the form laid down by the Min istry 
of Agriculture, Livestock and Supply. 
 
 
Section V 
Certification by Audit 
 
Subsection I 
Operation of the Certification by Audit 
 
Art. 45. Organic certification is a procedure carri ed out at production and trading units with 
the purpose of assessing and assuring their conform ity to technical regulations.  
 
Art. 46. Granting of the certification or its maint enance shall be preceded by an audit 
performed by a conformity assessment body accredite d by the Ministry of Agriculture, Livestock and 
Supply, with the purpose of assessing conformity to  organic production rules. 
 
Only paragraph. The procedures used during the cert ification process shall follow 
internationally recognised criteria for certificati on bodies, as well as special requirements laid dow n by 
Brazilian organic production technical regulation. 
 
Art. 47. Fixing a certification charge based solely  on a percentage over the certified 
production, whether in relation to the size of the area or the quantity of products to be certified is  hereby 
forbidden. 
 
 
Subsection II 
Accreditation of Certification Bodies 
 
Art. 48. Certification bodies must be accredited by  the Ministry of Agriculture, Livestock and 
Supply according to details to be laid down in comp lementary rules. 
 
Art. 49. The accreditation of certification bodies by the Ministry of Agriculture, Livestock and 
Supply shall be preceded by an initial accreditatio n phase to be carried out by Inmetro. 
 
§ 1. For the purposes of the provisions in the caput , Inmetro shall publish a special act laying 
down the technical requirements and the procedures necessary to the initial accreditation process, usi ng 
internationally recognised criteria for certificati on bodies, as well as any special requirements laid  down 
in Brazilian technical regulations for organic prod uction. 
  § 2.  The costs for the initial accreditation shall  be borne by legal entities governed by public 
or private law interested in obtaining accreditatio n as organic conformity assessment bodies. Inmetro may 
only apply charges to cover for the disbursements w ith the initial accreditation. 
 
Art. 50. Once the initial Inmetro accreditation pro cess has been concluded, the interested party 
shall request its accreditation as an organic confo rmity assessment body from the Ministry of Agricult ure, 
Livestock and Supply, for which it shall comply wit h the following requirements: 
 
I – to present a voucher document of accreditation by Inmetro linked to the requested scope; 
 
II – to present the register of certified productio n units, if the interested party is already 
operating in the certification of organic productio n, or a declaration that there are no certified pro jects; 
 
III – to present the résumé of all inspectors indic ated, who must be regularly registered with 
the relevant professional council; and 
 
IV – to obtain an opinion from the Organic Producti on Committee, established as per the 
provisions of Article 34, at the Federal Superinten dence of Agriculture of the Federation Unit where i ts 
headquarters are located. 
 
Art. 51. The initial accreditation and the accredit ation processes shall be based on a single 
audit that should fulfil the requirements for both processes. 
 
§ 1. The audit teams shall be composed by professio nals chosen by the bodies involved in the 
initial accreditation and the accreditation process  in cooperation with each other. 
 
§ 2. The specialists that will make up the audit te ams shall have proven experience and 
professional training compatible with the scope of operations required by the conformity assessment 
body. 
 
Art. 52. The accreditation request may be rejected by a justified opinion from the Agroforestry 
Coordination of the Ministry of Agriculture, Livest ock and Supply. 
 
Only paragraph. Recourse against rejection of the a ccreditation request may be presented to 
the Directory of the Production and Sustainability Systems Department of the Ministry of Agriculture, 
Livestock and Supply, in the form and at a time per iod to be fixed by a ministerial decree. 
 
Art. 53. The accredited certification body may requ est an extension of the accreditation to 
another scope of certification by presenting comple mentary documents and the curricula of inspectors 
regularly registered with the relevant professional  councils. 
 
Only paragraph. The organic production committee in  charge shall issue a technical opinion 
and the Agroforestry Coordination of the Ministry o f Agriculture, Livestock and Supply shall define 
whether there is need for a new audit. 
 
Art. 54. The accreditation of certification bodies to operate in organic certification shall not be 
delegated to other parties.   
Only paragraph. In the case certification scopes en compassing products under the competence 
of other bodies, these shall participate in the acc reditation process in the form established by the M inistry 
of Agriculture, Livestock and Supply 
 
 
CHAPTER IV 
SURVEILLANCE 
 
Section I 
Competence 
 
Art. 55. The procedures carried out as part of the surveillance and inspection of the 
production, handling, industrialisation, circulatio n, storage, distribution, trading and certification  of 
national and foreign organic products shall comply with the provisions of this Decree and further 
applicable legislation, according to the administra tive scopes of the Ministry of Agriculture, Livesto ck 
and Supply, the Ministry of the Environment and the  Ministry of Health, depending on the nature of the  
product. 
 
 Art. 56. Inspection and surveillance operations sh all be carried out permanently and shall 
constitute routine activities. 
 
Art. 57. Covenants may be signed with Sate Governme nts and the Federal District for the 
provision of services related with the inspection a nd surveillance provided for in this Decree. 
 
Section II 
Level of Inspection and Surveillance 
 
Art. 58. The inspection and surveillance provided f or in this Decree shall be carried out at 
production units, commercial and industrial establi shments, cooperatives, public bodies, ports, airpor ts, 
border posts, vehicles or means of transportation a nd any other areas where production, improvement, 
handling, industrialisation, packing, stacking, tra nsportation, distribution, trading, storage, import  and 
export of organic products can be verified. 
 
Only paragraph. The surveillance provided for in th is article is hereby extended to the 
advertising and publicity of organic products, with out consideration to the medium employed for its 
publicity. 
 
Art. 59. When requested by the surveillance and ins pection bodies, any individuals or legal 
entities involved with the production, improvement,  transformation, packing, storage, transportation, 
distribution and trading of organic products are he reby obliged to supply information and explanations   
concerning the products and production processes, t o supply documents and to facilitate sampling. 
 
Art. 60. The official analysis methods, including s ampling, analysis, interpretation of results 
and official analysis certificate models shall be p reviously defined by the Ministry of Agriculture, 
Livestock and Supply. 
  Section III 
Inspection and Surveillance Documents 
 
Art. 61. The inspection and surveillance documents are as follows: 
 
I – writ of infraction;  
 
II –  notice of judgement; and 
 
III – records of: 
 
a) inspection; 
 
b) notification; 
 
c) arrest; 
 
d) destination of raw materials, products, or equip ment; 
 
e) sampling; 
 
f) destruction; 
 
g) release; 
 
h) interdiction; 
 
i) reuse; 
 
j) addendum; and 
 
k) default. 
 
Only paragraph. Official form models and informatio n elements provided for in this article 
shall be defined by the Ministry of Agriculture, Li vestock and Supply.  
 
Section IV 
Duties 
 
Art. 62. The inspection and surveillance provided f or in this Decree shall be carried out by 
public officials with a university degree, trained and authorised by the competent body, with professi onal 
training compatible with the duties performed. 
 
Only paragraph. When on duty, the surveillance agen ts shall display their credentials 
whenever requested to do so. 
 
Section V  Duties of the Surveillance Agents 
 
Art. 63. Surveillance agents on duty shall have acc ess to the means of production, 
improvement, handling, transformation, packing, sto rage, transportation, distribution, trading and org anic 
conformity assessment of the products included in t his Decree in order to carry out the following duti es: 
 
I – to perform technical audits on production metho ds and processes, and organic conformity 
assessment processes; 
 
II – to collect the necessary samples and to perfor m microbiological, biological, physical and 
chemical determinations of raw materials, inputs, b y-products, production, improvement and 
transformation residues, as well as of the soil, wa ter, plant and animal tissues and finished products , and 
transcript the relevant record; 
 
III – to perform routine inspections in order to in vestigate the existence of infractions or events 
that could render the products susceptible to chang e, verifying the adequacy of production processes, 
improvement, handling, transformation, packing, sto rage, transportation, distribution, trading and org anic 
conformity assessment, including the transcription of the relevant records; 
 
IV – to verify whether conditions related with envi ronmental quality and work relations are 
being observed, including notification of the compe tent body when necessary; 
 
V – to verify the origin and condition of products,  when they are exhibited for sale; 
 
VI – in conformity with this Decree, to enforce pen alties arising from administrative processes 
in accordance to the terms of the sentence, as well  as to give destination to raw materials, inputs, 
products, by-products or residues from production, improvement or industrialisation, including the 
transcription of the relevant records; 
 
VII – to apprehend any products, inputs, raw materi als or any other substances not in 
conformity with this Decree found at production, ha ndling, transportation, storage, distribution and 
trading sites, especially in cases where there is i ndication of fraud, forgery, alteration, deteriorat ion or 
danger to human health, including the transcription  of the relevant records; 
 
VIII – to follow up on the phases of receipt, conse rvation, handling, preparation, stacking, 
transportation and stocking of products; 
 
IX – to examine product packages and labels; 
 
X – to transcript the writ of infraction; and 
 
XI – to summon, within the scope of their competenc e, to take corrective measures and to 
present documents necessary to the investigation pr ocedures or investigation of adulteration, fraud or  
forgery. 
 
 
CHAPTER V  SURVEILLANCE MEASURES 
 
Section I 
Provisional Remedies 
 
Art. 64. Where there is indication of adulteration,  forgery, fraud or non-compliance with legal 
provisions, the following provisional remedies may be taken: 
 
I – temporary apprehension of products; 
 
II – temporary interdiction of premises; 
 
III – temporary removal from the register of family  farmers authorised for direct selling 
without certification; and 
 
IV – temporary suspension of accreditation as organ ic conformity assessment body. 
 
Only paragraph. The remedies provided for in the caput  shall remain until the analyses, visits 
or audits have been concluded and results are prese nted in relation to the evidences that have given r ise to 
them. 
 
 
Section II 
Summons 
 
Art. 65. In cases related with the adaptation of pr oduct generation processes to the principles 
of organic animal and agricultural production, as w ell as the request of documents and other arrangeme nts 
that do not constitute an infraction, the legal ins trument for such redress shall be the summons. 
 
Art. 66. With basis on the legal provisions in forc e, the summons shall specifically mention 
the arrangements required, the term for its executi on and, when relevant, a schedule for its execution . 
 
Only paragraph. The time period laid down in the su mmons may be extended by the judging 
authority upon presentation of a justified written request by the interested party. 
 
Art. 67. If the time period stipulated in the summo ns elapses without compliance with the 
demands, a writ of infraction shall be transcribed.  
 
 
Section III 
Apprehension 
 
Art. 68. The apprehension of products, inputs, raw materials, substances, additives, packages 
or labels will be admitted where there is adulterat ion, forgery, fraud or non-observance of legal 
provisions. 
  Art. 69. Products may also be apprehended if they a re produced, improved, handled, 
industrialised, stacked, packed, transported, store d or traded in disagreement with legal requirements . 
 
Art. 70. Once the Notice of Apprehension has been t ranscribed, the surveillance authority shall 
adopt procedures to investigate the irregularity ve rified. 
 
Art. 71. The apprehended product shall remain under  the custody of the legal person in charge 
who will be named its custodian, being hereby forbi dden its substitution, subtraction or removal, in t otal 
or in part, until the relevant administrative inves tigation of the infraction has been concluded. 
 
Only paragraph. To the discretion of the surveillan ce authority and where there is need to 
remove, change, adapt, substitute or any other arra ngement related with the apprehended raw materials,  
products or equipment, a notice of destination of r aw materials, product or equipment will be transcri bed 
and, according to the circumstances, a new notice o f apprehension shall be transcribed. 
 
Art. 72. If the apprehension is justified, the surv eillance authority shall transcribe the writ of 
infraction and initiate the administrative proceedi ng, during which the product will remain apprehende d 
up to conclusion. 
 
Art. 73. If the apprehension is not justified, the product shall be released immediately after the 
conclusion of the administrative investigation. 
 
Art. 74. Any unjustified refusal by a person legall y in charge of an establishment or by an 
individual holding the product of an apprehension a s its custodian shall imply in obstruction to the 
surveillance action and shall result in their submi ssion to the sanctions laid down, in which case a w rit of 
infraction shall be transcribed. 
 
CHAPTER VI 
PROHIBITIONS  
 
Art. 75. It is forbidden to produce, improve, handl e, industrialise, process, pack, store, trade, 
offer, distribute, advertise and transport organic products not in conformity with legal provisions. 
 
Art. 76. It is hereby forbidden to acquire, store o r use raw materials, animal or crop 
multiplication material, animals, inputs, food for animals, medicines or any substances not in accorda nce 
with legal provisions at production units and estab lishments destined solely for the generation or org anic 
products. 
 
Only paragraph. The caput  does not apply to cases where usage of the said su bstances is 
admitted as an emergency or in exceptional cases la id down by law. 
 
Art. 77. The use of any production method or proces s, processing, management, reproduction, 
collection, control or pests and disease prevention  not in accordance with legal provisions is hereby 
forbidden at production units and establishments de stined solely for the generation or organic product s. 
 
Only paragraph. The caput  does not apply to cases where usage of the said su bstances is 
admitted as an emergency or in exceptional cases la id down by law.   
Art. 78. Establishments where there is a specific, isolated and duly identified area for the 
exhibition, offer and trading of organic products a re hereby forbidden to mix the said products, under  any 
pretext, with others not coming from organic agricu ltural and livestock production systems. 
 
 
CHAPTER VII 
ADMINISTRATIVE PENALTIES 
 
Art. 79. Without loss to the applicable civil and c riminal responsibilities, the infringement of 
legal requirements to the organic production shall subject the infractor to the application of the fol lowing 
sanctions, whether in isolation or accumulation: 
 
I - warning; 
 
II – a fine of up to R$ 1,000,000.00 (one million R eais); 
 
III - suspension of product trading; 
 
IV - condemnation of products, labels, packages and  raw materials; 
 
V – destruction of product; 
 
VI - suspension of accreditation, certification, au thorisation, registration or license; and 
 
VII – cancellation of accreditation, certification,  authorisation, registration or license. 
 
§ 1. Investigation of infractions under the jurisdi ction of the Ministry of Agriculture, Livestock 
and Supply does not require the application of legi slation under the competence of other Public 
Administration bodies. 
 
§ 2. When the infraction constitutes a crime or mis demeanour, the judging authority shall 
submit a representation to the competent body for a n investigation of criminal responsibility. 
 
Art. 80. The sanctions provided for in Art. 82 of t his Decree shall be applied according to the 
nature of the infraction, the circumstances in whic h it was committed and the relevance of the losses it 
may cause. 
 
Art. 81. When the same infraction relates to more t han one provision of this Decree, the 
relation of preference shall be that which is more specific as opposed to the more generic, for the pu rpose 
of punishment. 
 
Art. 82. For the purpose of enforcing penalties, an y attenuating and/or aggravating 
circumstances shall be taken into account. 
 
Art. 83. Attenuating circumstances are considered t o be as follows: 
  I – the actions of the infractor have not been fund amental for the consecution of the infraction; 
 
II – the infractor has not committed a crime previo usly and the fault has been committed 
accidentally; and 
 
III – the infractor has voluntarily tried to mitiga te or redress the consequences of the offensive 
act ascribed to them. 
 
Art. 84. Aggravating circumstances are considered t o be as follows: 
 
I – specific or general recidivation on the part of  the infractor;  
 
II – the infractor has committed the infraction to obtain advantage; 
 
III – the infraction causes harmful consequences to  public health or to the environment, as 
well as financial loss to the consumer; 
 
IV – the infractor has knowledge of his offensive a ct and fails to adopt the necessary measures 
in order to avoid it; 
 
V – the infractor has acted with fraud and ill-fait h; 
 
VI – the infractor has placed an obstacle to or has  obstructed the action of the surveillance 
inspection; and 
 
VII – the infractor has substituted, subtracted or removed, in total or in part, the goods 
apprehended without authorisation from the surveill ance body. 
 
Only paragraph. Where there is accumulation of atte nuating and aggravating circumstances, 
the sanction imposed shall be considered by reason of the predominant circumstance. 
 
CHAPTER VIII 
APPLICABLE INFRACTIONS AND PENALTIES 
 
Section I 
Conformity Assessment Bodies 
 
Art. 85. Displaying incorrect information in the re gister of organic producers or not updating 
them properly. 
 
Penalty: warning, a fine ranging from R$ 100.00 (on e hundred Reais) to R$ 20,000.00 (twenty 
thousand Reais), suspension of accreditation, certi fication, authorisation, registration or license; a nd 
cancellation of accreditation, certification, autho risation, registration or license, applied in accum ulation 
or not. 
  Art. 86. Installing or operating an organic conform ity assessment body without previous 
accreditation by the Ministry of Agriculture, Lives tock and Supply or not in accordance with the legal  
provisions laid down in these Regulations and addit ional legislation. 
 
Penalty: warning, a fine ranging from R$ 5,000.00 ( five thousand Reais) to R$ 500,000.00 
(five hundred thousand Reais), suspension of accred itation, certification, authorisation, registration  or 
license; and cancellation of accreditation, certifi cation, authorisation, registration or license, app lied in 
accumulation or not. 
 
Art. 87. Not complying with demands within the appo inted period as per notification served. 
 
Penalty: application of the highest penalty among t hose provided for the infraction that 
generated the notification. 
 
Art. 88. Attesting to the organic quality of a prod uct or production process that does not 
comply with technical, environmental, economic and social requirements defined in these Regulations 
and in further legislation. 
 
Penalty: warning, fine, suspension of accreditation , certification, authorisation, registration or 
license; and cancellation of accreditation, certifi cation, authorisation, registration or license, app lied in 
accumulation or not. 
 
§ 1. Where a fine is charged, the amount shall be e quivalent to up to 250% (two hundred and 
fifty per cent) the trading value of the irregular product, up to the limit of R$ 1,000,000.00 (one mi llion 
Reais). 
 
§ 2. When it is not possible to apply the provision  in § 1, a fine will be charged in an amount 
to vary from R$ 100.00 (one hundred Reais) up to th e limit of R$ 1,000,000.00 (one million Reais). 
 
Section II 
Producers, Traders, Transporting agents and Storage  Agents 
 
Art. 89. Distributing any form of propaganda, publi city or product presentation containing the 
name, symbol, drawing, picture or any indication th at may induce into error as to the origin, nature o r 
organic quality of the product, or to attribute to it features or qualities it does not possess. 
 
Penalty: warning, fine, suspension of product tradi ng, condemnation of products, labels, 
packages and raw materials or product destruction, applied in accumulation or not. 
 
§ 1. Where a fine is charged, the amount shall be e quivalent to up to 250% (two hundred and 
fifty per cent) the trading value of the irregular product, up to the limit of R$ 1,000,000.00 (one mi llion 
Reais). 
§ 2. When it is not possible to apply the provision  in § 1, a fine will be charged in an amount 
to vary from R$ 100.00 (one hundred Reais) up to th e limit of R$ 1,000,000.00 (one million Reais). 
 
Art. 90. Trading non-certified organic products or,  when selling directly to the consumer 
according to the provisions of § 1, Art. 3 of Law N o. 10831 of 2003, trading without presentation of p roof  of registration of the family farmer in an organisa tional framework registered with the Ministry of 
Agriculture, Livestock and Supply. 
 
Penalty: warning, fine, suspension of product tradi ng, condemnation of products, labels, 
packages and raw materials or product destruction, applied in accumulation or not. 
 
§ 1. Where a fine is charged, the amount shall be e quivalent to up to 250% (two hundred and 
fifty per cent) the trading value of the irregular product, up to the limit of R$ 1,000,000.00 (one mi llion 
Reais). 
 
§ 2. When it is not possible to apply the provision  in § 1, a fine will be charged in an amount 
to vary from R$ 100.00 (one hundred Reais) up to th e limit of R$ 1,000,000.00 (one million Reais). 
 
Art. 91. Not complying with demands within the appo inted period as per notification. 
 
 Penalty: application of the highest penalty among those provided for the infraction that 
generated the notification.  
 
Art. 92. Impeding or rendering difficult the survei llance action by any means. 
 
Penalty: warning, a fine ranging from R$ 100.00 (on e hundred Reais) to R$ 10,000.00 (ten 
thousand Reais), suspension of accreditation, certi fication, authorisation, registration or license; a nd 
cancellation of accreditation, certification, autho risation, registration or license, applied in accum ulation 
or not. 
 
Art. 93. Trading, substituting, subtracting or remo ving, totally or in part, a product suspended 
from trading by the surveillance body. 
 
Penalty: fine, suspension or cancellation of accred itation, certification, authorisation, 
registration or license applied in accumulation or not. 
 
§ 1. Where a fine is charged, the amount shall be e quivalent to up to 250% (two hundred and 
fifty per cent) the trading value of the irregular product, up to the limit of R$ 1,000,000.00 (one mi llion 
Reais). 
 
§ 2. When it is not possible to apply the provision  in § 1, a fine will be charged in an amount 
to vary from R$ 500.00 (five hundred Reais) up to t he limit of R$ 1,000,000.00 (one million Reais). 
 
Art. 94. Distributing, substituting, subtracting or  removing, totally or in part, products, labels 
packages or raw materials condemned by the surveill ance body without its prior authorisation. 
 
Penalty: fine, suspension or cancellation of accred itation, certification, authorisation, 
registration or license, applied in accumulation or  not. 
 
§ 1. Where a fine is charged, the amount shall be e quivalent to up to 250% (two hundred and 
fifty per cent) the trading value of the irregular product, up to the limit of R$ 1,000,000.00 (one mi llion 
Reais).   
§ 2. When it is not possible to apply the provision  in § 1, a fine will be charged in an amount 
to vary from R$ 500.00 (five hundred Reais) up to t he limit of R$ 1,000,000.00 (one million Reais). 
 
Art. 95. Making a false declaration before the surv eillance body. 
 
Penalty: warning, fine, suspension or cancellation of accreditation, certification, authorisation, 
registration or license, applied in accumulation or  not. 
 
§ 1. Where a fine is charged, the amount shall be e quivalent to up to 250% (two hundred and 
fifty per cent) the trading value of the irregular product, up to the limit of R$ 500,000.00 (five hun dred 
thousand Reais). 
 
§ 2. When it is not possible to apply the provision  in § 1, a fine will be charged in an amount 
to vary from R$ 500.00 (five hundred Reais) up to t he limit of R$ 500,000.00 (five hundred thousand 
Reais). 
 
Art. 96. Exhibiting for sale or trading a product a s being organic without observance of the 
conversion period laid down in the rules in force. 
 
Penalty: warning, fine, suspension of product tradi ng, suspension or cancellation of 
accreditation, certification, authorisation, regist ration or license, applied in accumulation or not. 
 
§ 1. Where a fine is charged, the amount shall be e quivalent to up to 250% (two hundred and 
fifty per cent) the trading value of the irregular product, up to the limit of R$ 100,000.00 (one hund red 
thousand Reais). 
 
§ 2. When it is not possible to apply the provision  in § 1, a fine will be charged in an amount 
to vary from R$ 100.00 (one hundred Reais) up to th e limit of R$ 100,000.00 (one hundred thousand 
Reais).  
 
Art. 97. Packing, exhibiting for sale or trading or ganic products using labels or identification 
not in accordance with the provisions defined in th ese Regulations and further legislation. 
 
Penalty: warning, fine, suspension of product tradi ng, suspension or cancellation of 
accreditation, certification, authorisation, regist ration or license applied in accumulation or not. 
 
§ 1. Where a fine is charged, the amount shall be e quivalent to up to 250% (two hundred and 
fifty per cent) the trading value of the irregular product, up to the limit of R$ 100,000.00 (one hund red 
thousand Reais). 
 
§ 2. When it is not possible to apply the provision  in § 1, a fine will be charged in an amount 
to vary from R$ 100.00 (one hundred Reais) up to th e limit of R$ 100,000.00 (one hundred thousand 
Reais). 
  Art. 98. Transporting, trading or storing organic p roducts together with non-organic products 
without duly isolating and identifying them, or in a manner that impairs its organic quality or induce s the 
consumer into error. 
 
Penalty: warning, fine, suspension of product tradi ng, suspension or cancellation of 
accreditation, certification, authorisation, regist ration or license applied in accumulation or not. 
 
§ 1. Where a fine is charged, the amount shall be e quivalent to up to 250% (two hundred and 
fifty per cent) the trading value of the irregular product, up to the limit of R$ 100,000.00 (one hund red 
thousand Reais). 
 
§ 2. When it is not possible to apply the provision  in § 1, a fine will be charged in an amount 
to vary from R$ 100.00 (one hundred Reais) up to th e limit of R$ 100,000.00 (one hundred thousand 
Reais). 
 
Art. 99. Producing organic products with the use of  equipment and facilities not in accordance 
with the provisions relating to organic production.  
 
Penalty: warning, fine, suspension of product tradi ng, suspension or cancellation of 
accreditation, certification, authorisation, regist ration or license applied in accumulation or not. 
 
§ 1. Where a fine is charged, the amount shall be e quivalent to up to 250% (two hundred and 
fifty per cent) the trading value of the irregular product, up to the limit of R$ 100,000.00 (one hund red 
thousand Reais). 
 
§ 2. When it is not possible to apply the provision  in § 1, a fine will be charged in an amount 
to vary from R$ 100.00 (one hundred Reais) up to th e limit of R$ 100,000.00 (one hundred thousand 
Reais). 
 
Art. 100. Operating a parallel production not in ac cordance with the provisions related to 
organic production. 
 
Penalty: warning, fine, suspension of product tradi ng, suspension or cancellation of 
accreditation, certification, authorisation, regist ration or license applied in accumulation or not. 
 
§ 1. Where a fine is charged, the amount shall be e quivalent to up to 250% (two hundred and 
fifty per cent) the trading value of the irregular product, up to the limit of R$ 100,000.00 (one hund red 
thousand Reais). 
 
§ 2. When it is not possible to apply the provision  in § 1, a fine will be charged in an amount 
to vary from R$ 100.00 (one hundred Reais) up to th e limit of R$ 100,000.00 (one hundred thousand 
Reais). 
 
Art. 101. Not conforming to the characteristics and  basic requirements of organic production 
systems in their technical, environmental, economic  and social aspects, according with the provisions 
related with organic production. 
  Penalty: warning, fine, suspension of product tradi ng, suspension or cancellation of 
accreditation, certification, authorisation, regist ration or license applied in accumulation or not. 
 
§ 1. Where a fine is charged, the amount shall be e quivalent to up to 250% (two hundred and 
fifty per cent) the trading value of the irregular product, up to the limit of R$ 1,000,000.00 (one mi llion 
Reais). 
 
§ 2. When it is not possible to apply the provision  in § 1, a fine will be charged in an amount 
to vary from R$ 100.00 (one hundred Reais) up to th e limit of R$ 1,000,000.00 (one million Reais). 
 
Art. 102. Trading an imported organic product not i n accordance with the provisions of this 
Decree. 
 
Penalty: warning, fine, suspension of product tradi ng, suspension or cancellation of 
accreditation, certification, authorisation, regist ration or license applied in accumulation or not. 
 
§ 1. Where a fine is charged, the amount shall be e quivalent to up to 250% (two hundred and 
fifty per cent) the trading value of the irregular product, up to the limit of R$ 100,000.00 (one hund red 
thousand Reais). 
 
§ 2. When it is not possible to apply the provision  in § 1, a fine will be charged in an amount 
to vary from R$ 1,000.00 (one thousand Reais) up to  the limit of R$ 100,000.00 (one hundred thousand 
Reais). 
  
Art. 103. Not keeping or not presenting to the comp etent authority documents, licenses, 
reports and other information related with the prod uction process, processing and assessment of organi c 
production at the production unit, establishment or  production site. 
 
Penalty: warning, a fine ranging from R$ 100.00 (on e hundred Reais) to R$ 20,000.00 (twenty 
thousand Reais), suspension of accreditation, certi fication, authorisation, registration or license; a nd 
cancellation of accreditation, certification, autho risation, registration or license, applied in accum ulation 
or not. 
 
Art. 104. Not keeping at the disposal of consumers and surveillance bodies updated 
information about the products used when restaurant s, hotels, snack bars and similar premises announce  
meals prepared with organic ingredients on their me nus. 
 
Penalty: warning, fine, suspension of product tradi ng, suspension or cancellation of 
accreditation, certification, authorisation, regist ration or license applied in accumulation or not. 
 
§ 1. Where a fine is charged, the amount shall be e quivalent to up to 250% (two hundred and 
fifty per cent) the trading value of the irregular product, up to the limit of R$ 20,000.00 (twenty th ousand 
Reais). 
 
§ 2. When it is not possible to apply the provision  in § 1, a fine will be charged in an amount 
to vary from R$ 1,000.00 (one thousand Reais) up to  the limit of R$ 20,000.00 (twenty thousand Reais).  
   
CHAPTER IX 
ADMINISTRATIVE RESPONSIBILITY 
 
Art. 105. The administrative responsibility arising  from the infractions provided for in this 
Decree shall fall in isolation or accumulation to: 
 
I – the producer who, by malice or by fault, suppre sses information or provides it incorrectly; 
 
II – any persons vested with the technical responsi bility for products or production processes 
who help in the practice of forgery, adulteration o r fraud, in which case the surveillance authority s hall 
make it known to the trade association; 
 
III – any persons helping others to commit infracti ons or who derive gain from it; 
 
IV – the transporting agent, trader, distributor or  storing agent for products under their custody 
or responsibility, when its origin is unknown; 
 
V – the conformity assessment body, when a fault is  verified in the control process or when 
there is connivance with the infractor; and 
 
VI – the social organisation the family farmer is a  member of, when it is liable in solidarity for 
the organic quality of its members. 
 
Only paragraph. The responsibility of the producer,  handler, industrialiser, packager, exporter 
and importer shall prevail whilst the product remai ns in package or in a recipient closed and inviolat e. 
 
 
CHAPTER X 
ADMINISTRATIVE PROCEEDING 
 
Art. 106. The penalties provided for in this Decree  shall be applied by the competent 
authorities of the Union, the States or the Federal  District according to the duties conferred onto th em by 
the relevant legislation. 
 
Art. 107. The sanctions arising from the enforcemen t of this Decree, followed by registration 
of the penalty with the Ministry of Agriculture, Li vestock and Supply in a register created for this 
purpose, shall be executed through: 
 
I – a warning, by means of a notification served to  the infractor; 
 
II – a fine, by service of a notification for payme nt, including the date and means of collection; 
 
III – product trading suspension by means of a noti fication and transcription of the respective 
notice; 
  IV – the condemnation of products, labels, packages  and raw materials by means of a 
transcription of the respective notice; 
 
V – the destruction of the product following a tran scription of the respective notice; 
 
VI – the suspension of accreditation, certification , authorisation, registration or license by 
means of a notification determining the immediate s uspension of activities, and a transcription of the  
related notice, followed by its affixation on the p remises; 
 
VII – cancelling the accreditation, certification, authorisation, registration or license by 
collecting the respective certificates and making i t known to the other organic production network age nts; 
and 
 
VIII – disfranchisement of registration by serving a notification to the infractor and recording 
an entry in the registration form. 
 
Art. 108. An infraction to the provisions of Law No . 10831 of 23 rd  December, 2003 and of this 
Decree shall be investigated by an administrative p roceeding initiated by the transcription of a writ of 
infraction, in conformance with the rites and time periods laid down in Law No. 9784 of 29 th  January, 
1999. 
 
Only paragraph. The competent authority that comes to know of an infraction to these legal 
provisions through any medium is hereby obliged to promote its immediate investigation, under penalty 
of responsibility. 
 
Art. 109. If the notification is not abided by or i f there is obstruction to its execution, the 
surveillance authority may request assistance from the police force, as well as transcribing the writ of 
infraction for obstruction of the surveillance acti on. 
 
Art. 110. The destruction of products, raw material s, packages, labels and any other materials 
shall comply with the provisions of the competent b ody and shall be witnessed by surveillance agents 
after a notification has been served informing the date, time and place for its execution.  The costs and 
means of the execution fall to the infractor. 
  
Art. 111. Non-attendance of the destruction act by the infractor constitutes obstruction to the 
surveillance action, nevertheless the said destruct ion shall be executed in their absence, and the cos ts still 
fall to the infractor. 
 
Art. 112. The fine shall be collected within thirty  days from service of notification.  
 
Only paragraph. Fines remaining unpaid on the date appointed in the notification shall result in 
inscription in the federal delinquent tax debt incl uding a consequent tax foreclosure. 
 
Art. 113. Any apprehended or condemned products may  be used for other purposes to the 
discretion of the judging authority. 
 
TITLE IV  FINAL AND TEMPORARY PROVISIONS 
 
Art. 114. The surveillance agents may request help from the police authority in case of 
obstruction to the exercise of their duties. 
 
Art. 115. All sectors involved in the organic produ ction network shall have a period of two 
years to adapt to the rules laid down in this Decre e, counting from the date of its publication. 
 
Only paragraph. The use of the Brazilian Organic Co nformity Assessment System trademark 
on products will be allowed only after the thirteen th month of its creation. 
 
Art. 116. The preparation by the Ministry of Agricu lture, Livestock and Supply, of acts 
necessary to the consecution of the provisions in t his Decree shall consider the participation of othe r 
federal bodies involved, the Organic Agriculture Se ctor Chamber of the Ministry of Agriculture, 
Livestock and Supply and the Organic Production Com mittees at every Federation Unit. 
 
Only paragraph. The text o the acts provided for in  the caput  shall be subjected to public 
consultation for a minimum of thirty days. 
 
Art. 117. The Ministry of State of Agriculture, Liv estock and Supply shall, in the scope of 
their abilities, publish the acts necessary to the compliance with this Decree. 
 
Art. 118.  This Decree shall come into force upon t he date of its publication. 
 
Brasília, 27 th  December, 2007; 186th  year of the Independence and 119th  year of the Republic. 
 
 
LUIZ INÁCIO LULA DA SILVA 
Reinhold Stephanes 
Miguel Jorge 
José Gomes Temporão 
João Paulo Ribeiro Capobianco 
Guilherme Cassel