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Proceedings 31St Meeting

Proceedings 31St Meeting

Proceedings 31st Meeting

13. - 15.03.2017, Bonn, Germany

© BLE Imprint

Federal Office for Agriculture and Food Bundesanstalt für Landwirtschaft und Ernährung (BLE)

President: Dr. Hanns-Christoph Eiden

Deichmanns Aue 29 53179 Bonn, Germany

Telephone: ++49 (0)228 6845 - 0 Fax: ++49 (0)30 1810 6845 - 3444 E-mail: [email protected]

Editing Dr. Ulrike Bickelmann, BLE Telephone: ++49 (0)228 6845 - 3357 E-mail: [email protected]

Date of issue

‚June 2019

© BLE IAT 2017

Content Opening Hanns-Christoph Eiden, Federal Office for Agriculture and Food, Bonn (DE) 1 Variety testing for the production in Northern Germany Karsten Klopp, ESTEBURG – Fruit-Growing Centre Jork (DE) 5 Variety Protection – Trade mark Protection – Club varieties Erik Schulte, Federal Plant Variety Office, Hannover (DE) 9 It’s the mix that makes the difference – The combination of variety protection and trademark protection in the „green range“ Thomas Leidereiter, LL.M. (Cardiff), Green Rights, Hamburg (DE) 13 – Production of Club Quality Tony Fissette, Enzafruit New Zealand (Continent) NV, Sint Truiden (BE) 17 Quality in Organic Production Dierk Augustin, Fruit Farm Augustin, Jork (DE) 19 EU Specific Marketing Standard for Apples Reimer Esselborn, Federal Office for Agriculture and Food, Bonn (DE) 23 Questions and answers to application of standards and inspection Heinrich Stevens, Federal Office for Agriculture and Food, Bonn (DE) 29 Labelling of Fresh Fruit and Ulrike Bickelmann, Federal Office for Agriculture and Food, Bonn (DE) 37 – Quality production in (and for) Germany Peter Grauert, concepa, Edemissen (DE) 47 UNECE Standard for Onions Christiane Poser, Federal Office for Agriculture and Food, Bonn (DE) 51 Production and Harvest of Gregor Sanders, Chamber for Agriculture North Rhine-Westphalia, Straelen (DE) 59 UNECE Standard for Leeks Reinhild Fänger, Federal Office for Agriculture and Food, Bonn (DE) 63 Spanish production Oscar Requeña, Alliumprodiber, Quesa (ES) 67 Garlic – Quality Production in China Cao Menghui, Xuzhou Liming Food Co. Ltd, Xuzhou (CN) 73 UNECE Standard for Garlic Michael Wahl, Federal Office for Agriculture and Food, Bonn (DE) 81 National Traceability System in Kenya Debora Shituvi, Kenya Plant Health Inspectorate Service, Nairobi (KE) 85 Labelling the country of origin – are checks possible? Heinrich Bolten, State Office for Nature, Environment and Consumer Protection of North Rhine-Westphalia, Recklinghausen (DE) 87

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Opening Hanns-Christoph Eiden, Federal Office for Agriculture and Food, Bonn (DE) Ladies and Gentlemen,

I am very pleased to welcome you at the 31st You will hear presentations specifically to the International Meeting Quality Control of Fruit meaning and function of variety protection and Vegetables. I do this not only on behalf and to the labelling of trade marks. This of the Federal Office for Agriculture and Food information shall provide you with more but also on behalf of the Working Group of security in the assessment of labelling of the Official Quality Control for Fresh Fruit and varieties and trade marks. Vegetables, cooperating with us as perfect as usual when hosting this event. The organizers did care about on how to address the item of avoiding loss and waste This year 200 participants did notify their in food. Fruit and vegetables are sensitive / participation. They come from 21 countries – perishable produce: As in all previous meetings the geographical range being from China to the production of a good quality was in our Israel and from Kenya to Brazil; in-between focus. This is accompanied by a harmonized being the 16 member countries of the European application of the quality provisions. When Union as well as Switzerland. production and quality assessment go hand in hand, consumers receive a good product that This extensive diversity is wonderful as it they will select with joy, eat with pleasure and enriches us so much! From each of these will in no case waste as it will not deteriorate countries we can hear and learn new quickly. information. We may take the opportunity to exchange our experience. I am probably The item on how to avoid losses presents itself not wrong, and you all can confirm this, how in a special way. It is a highly political question. eminent important this exchange of experience The sustainability goals of the United Nations is for inspectors. Only those who can talk obliging us to cut the losses of food by 50 % about their experience in inspection are able until the year 2030. to calibrate their personal standard. Only when we do this, we may satisfy producers and In these days, we want to approach the consumers. challenges linked herewith from the quality Thus, the professional exchange supports of products. Thus, the meeting follows the the stabilisation of the decisions and finally tradition of its predecessors. This year, the supports a coordinated inspection, comparable diversity of products to which we commit standards as well as a comparable and good ourselves in depth ranges from A for apple to inspection level. The industry is profiting from O for onions, in between being garlic and leeks. this as they are exactly interested in a standard The production conditions are manifold and being applied uniformly when products are can be influenced positively in many ways. inspected – at least within one marketing stage You’ll receive information on the sophisticated and that it is not inconsistent between the production of club varieties and on factors of marketing stages. a well reflected organic production. Another good argument for your journey to Bonn might When evaluating the inspection results, it is have been the interesting views that can be seen clearly visible – and surprisingly for me – that over the fence when production in Germany, incorrect or incomplete labelling is the most Spain, China and other countries are presented. frequent stated reason of non-conformity. This result is backed up by the observation of those Nowadays, fruit and vegetables are transported who carry out training sessions and answer the large distances between harvest and retail and questions addressed to BLE: they confirm that they pass through many hands. However, on question on labelling are on top of all other each marketing stage it must be possible to questions. trace back the produce. In fruit and vegetables This means, there is need for clarification and this should be easy as the sender or the packer discussion. These observations are reflected in as well as the country of origin must be the agenda of this meeting: labelled. You’ll discuss the challenges and the

© BLE 2 Opening possibilities being linked to the checking and BLE thanks to your questions asked during the verification of the indication of the country last year. Both bodies have a direct link to daily of origin. In this context, labelling the region business practice and are interested in getting of origin and their verification will play a role the problems solved in a timely manner. – the regional origin of the products after all became an important selection criterion for Besides the international standardisation, I consumers. It’s a matter of expectations, it’s a would like to inform you on new developments matter of confidence in correct indications. It’s within the Federal Office for Agriculture and a must to meet the needs! Food. Since 1st February 2017 the BLE has incorporated two new federal centres in order „Labelling the country of origin“ and to strengthen the communication in nutrition „traceability“ must be regarded as the two and agriculture. sides of a medal. This will frankly be addressed and you’ll hear why – for example – Kenya • Federal Centre for Nutrition (BZfE) developed a national system to guarantee the traceability from the very beginning of the and marketing chain in a country where many small and large producers contribute to exports. • Federal Information Centre about Agriculture (BZL). This year’s program has cast the net very wide. The decision was taken intentional. As manifold The Federal Centre for Nutrition under the as the program may be, one essential question direction of Mrs. Dr. Margareta Büning-Fesel, is always of specific interest „what’s new in is now a division of BLE taking over the tasks Brussels?“ As you know, the EU marketing of capacity building in food as well as food standards have last been aligned to the communication. The aim is to make established respective UNECE standards in 2013. In these expertise on nutrition applicable in daily life days, the EU Commission is preparing the next and to cover concrete and practical challenges, alignment. We would have loved to inform you e. g. improvement of food in canteens, in about the latest state – however, the pivotal education on nutrition or the prevention of meeting takes place in Brussels tomorrow. food waste.

The framework for marketing standards and The communication in agriculture is inspection are unchanged since 2009 and thus strengthened too. Federal Information Centre provide continuity and stability. Both factors about Agriculture will combine and expand are important for trade and inspection services. the activities of agricultural communication Recently, the EU Commission did inform that on the federal level and will directly address the basis of your and our work is going to be the consumers. The aim is, to support a better stable until end of 2018. Reflections on a reform understanding of agriculture and to contribute and potential simplification of the regulations to the social dialogue on agriculture and its role on marketing standards for agricultural in our community by providing independent produce have even though already started but and objective information. In close co- the process shall be stimulated by including the operation with the competent departments stakeholders along the marketing chain as well of BLE, we’ll strengthen the practical oriented as consumers. knowledge transfer to the agricultural This is good news and I herewith combine the profession by transferring research results. hope on an ambitious and pragmatic further development of the regulations taking into Synergies due to the amalgamation and account the concerns of application. Thus, I combination of competences of BLE and aid, expect a large-scale opinion poll to this item. will be used to further develop communication We all should not miss this opportunity! on agriculture, food stuff and food as well as to enrich this communication by new aspects and You’ll get to know the latest explanatory by interesting and inspiring more people for brochures published by UNECE and OECD. these important items. Both international bodies have actually an interesting range of items on their agenda With respect to your full agenda, I’ll quickly which in many cases have been initiated by hand over the microphone to the first speaker.

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The speakers and participants come from 20 countries and we are working in English as common language. In this aspect, we profit from the professional support by the interpreters of the Federal Ministry of Food and Agriculture. My cordial thanks to Ms. Friederike Franz and Ms. Judith Radtke – without your support the meeting could not succeed! I also would like to thank the speakers, they essentially contribute to the success of the meeting. They have travelled from all parts of the world and have integrated the preparations for this meeting in their full calendar. My cordial thanks!

I wish you interesting presentations and many opportunities for an inspiring exchange of views and experiences.

Last but not least, following the daily news we get to know manifold conflicts flaring up not least because of two parties do not find a common language, do not find the right tone in their social interactions.

Yes, we are different. Even in this room people from different cultures and with different temperaments, traditions and ways of thinking are gathered. You all have experiences in your communications / dialogues. You know how to overcome otherness and to develop a good exchange. I believe that we more than ever must be aware that each of us must be an ambassador for dialog and exchange in which no one gives himself or herself up, but a dialog that enriches us all.

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Variety testing for the apple production in Northern Germany Karsten Klopp, ESTEBURG – Fruit-Growing Centre Jork (DE) The ESTEBURG is a 400 years old fruit farm production of the region Lower Elbe. While ten in the ancient land, a fruit growing region in years ago, did not ripen in this region, Northern Germany. The fruit research centre today earlier selections / mutants are produced. ESTEBURG Jork is based on three columns: Moreover, this region is – in this point – consultancy, research and capacity building. profiting from the climate change; in the last 30 The applied research is carried out by the years an increase in the annual temperature by Chamber of Agriculture of Lower Saxony. In 1,5 Kelvin is stated. For the variety Holsteiner addition, the research group of fruit farmers Cox it is recommended to keep the area of of the ancient land (OVR) and the consultancy production stable. This variety is suffering circle for organic fruit production in Northern from the increase in temperature; mid-term Germany (ÖON) are active. The ESTEBURG is this variety will move in Northern direction a vocational training centre, especially in the to Schleswig-Holstein or Denmark. Boskoop experimental station, in the laboratories OVA, as standard variety is covering 5 % of the in the technical college and in adult vocational production area. For the shooting stars Nicoter- centre. On top of this, the booster club of the ®, Milwa-Junami® and Fresco-Wellant® an fruit school Jork e.V. supports the qualification increase in production area is recommended. in apprenticeship and in-service training. All parties involved are dedicated to the fruit Apfelanbau im Alten Land - Anbauempfehlung production of the region. The research comprises a) variety testing, b) root stocks and planting systems, c) integrated pest management and diagnostics, d) fruit quality and storage, e) business administration and market economy, f) the experimental station ESTEBURG and g) the experimental station Langförden for berry fruits. The development of new plantations with The focus of this presentation is the variety respect to varieties in the years 1981 to 2015 testing of pip fruit especially apples. At shows that producers are following the the beginning of each year, the annual recommendations of ESTEBURG. The varietal recommendation of varieties is published structure is shifting towards the varieties in the „work journal for the fruit year .... appreciated by consumers. 41 % of new for information of producers. In 2017, this plantations are for followed by Braeburn, recommendation was as follows: Elstar is one Red Jonaprince, Red , Nicoter-Kanzi®, of the top varieties in Northern Germany Milwa-Junami®, Fresco-Wellant® and in future and stands for up to 30 % of production. If certainly SQ 159-Natyra® too. this variety would be managed even 45 40 a little better the percentage could 35 be increased up to 35 %. For 30 and Jonagored the up-grubbing of the 25 20 orchards is recommended as due to lack of 15 10 consumers‘ interest these varieties can no Neupflanzungen der% 5 longer be economically viable marketed. 0 However, the mutant Red Jonaprince could increase in production up to 25 %; fully red mutants do find interest in the market. Braeburn is up to 10 % in the 1981 2002 2015

© BLE 6 Variety testing for the apple production in Northern Germany

The demand-related behavior is changing. The producer organisations with the objective of fruit consumption is decreasing – pursuant introducing and establishing new pip fruit to AMI – since 2003 annually by 1.6 % in the varieties in Germany by the acquisition of average and the consumption in apples even licences. The new varieties shall be produced by 2.9 %. However, this decline is not linked to and be marketed with the support of a common all varieties. The club varieties such as Nicoter- marketing concept. The DOSK maintains Kanzi®, and -Pink Lady® international contacts with suppliers of show significant increase in consumption. innovative fruit varieties including ZIN / For climatic reasons, Cripps Pink-Pink Lady® HS Osnabrück, JKI Dresden Pillnitz, Klein- cannot be produced in Northern Germany. Altendorf (DLR RLP), Wageningen University While Elstar being a trendy variety especially of Research (NL), Better3Fruit (BE), IfoRed Angers the elder generation, the young adults up to 34 (FR), Agroscope Changins Wädenswil (CH), are preferring the club varieties. Centro Innovatione Varietale (IT), Konsortium Südtiroler Baumschulen (IT), Universität für The reason for this decline in demand for Botanik (CZE), Washington (USA), ENZA (NZ), apples from Northern Germany is partly due Prevar (A) etc. to supply from foreign countries e.g. Poland, Italy and overseas. Only club varieties are able The variety testing of ESTEBURG is neutral to increase their market share. They experience and indipendent. It starts with the contact to a higher appreciation (brand product), have breeders, owners of licences and nurseries. a better quality (taste) and they are a product For variety testing, ten trees are planted for innovation. In Northern Germany, fruit farms each new variety and tested for at least eight generally make profit only with an assortment years. The successful varieties are planted with of club varieties or as an organic holding. 120 trees each in the production testing; the Farmers that today produce exclusively promising varieties then are produced. All these varieties such as Jonagold, Braeburn and Elstar steps are supported by DOSK. produce high volumes and gain no profits. Today, trade is buying these varieties only if For variety testing by the Chamber of novelties / club varieties are included in the Agriculture of Lower Saxony at the ESTEBURG, delivery. This is the reason why the shooting the new variety / the new clone / the new stars are frequently grown under anti-hail nets mutant must be grafted on a suitable rootstock in order to guarantee the delivery capability. To in order to quickly obtain reliable results. The cover 1 ha with anti-hail nets, an investment of planting material must be of best quality and 60.000 to 80.000 € is necessary. virus-free certified. Bad basic material will provoke an extension of the time for testing For the future, the ancient land as a brand by eventually one year. The planting distances region needs new varieties. The new apple must be appropriate for the material. In testing, varieties are characterized by firm, crunchy, the vegetative characteristics such as strength juicy, sweet, aromatic apples with high or low of growth, habitus, susceptibility to diseases and acidity. Consumers are looking for individual pests are recorded. If a variety does not grow varieties with high recognition value or – well at the site of ESTEBURG with a marsh clay totally new – snack apples such as the variety soil and 800 mm rain (including summer) this PREMA96 / trademark Rockit®, market openers variety has no chance in this region. or seasonal varieties. Even red fleshed varieties could be part of it. The role of market openers In the range of generative characteristics, the for the ancient land could be taken over by the following are recorded: the flowering (date, early varieties such as Holsteiner Cox, Delcorf- position of the flowers), alternance, fruit setting, ® or Minneiska-SweeTango®; the pre-harvest fruit fall, crop, turns of picking last one being very sensitive to bruising but very (1-3), time of harvest (beginning September attractive and very tasty for the season start. to end of October), external and internal fruit quality. The development of a variety by a single breeder, a private consortium or a governmental institute precedes any variety testing. The German Fruit Consortium (DOSK) is an amalgamation of nine German fruit

© BLE Variety testing for the apple production in Northern Germany 7

Generative Merkmale Frucht-Größe – kumulierte Erträge 2014-2016  Blühtermine  Fruchtansatz 60%  Blühstärke  Juni- und Vorerntefruchtfall  Ort der Blüte  Erntetermin 50%  Alternanzneigung  Anzahl Pflückdurchgänge 40%

30% B3F 60 Ladina 20% WUR 37

10% Fruchtgrößenverteilung in % in Fruchtgrößenverteilung 0% < 55 55-60 60-65 65-70 70-75 75-80 80-85 85-90 > 90 Fruchtgröße in mm For each lot, the sugar/acid-ratio, the firmness Another important characteristic is the surface of the flesh, the ingredients are determined colour; Since years the rule counts „the more automatically with the machine Pimprinelle. red the better the price“ – but will this hold for in future? At the end of variety testing, a statement with respect to production value (yield, quality packout) and market value (external appearance, taste, juiciness, firmness, storage capability) of the new variety is possible. A successful variety is successful in each and every of the tested characters. Anteil Deckfarbe

80%

70%

60% Finally at the ESTEBURG, a sensory evaluation 50% is carried out by the so-called ESTEBURG-Panel 40% B3F 60 Ladina 30% of 15 to 25 testers. WUR 37 Anteil Deckfarbe in % in Anteil Deckfarbe 20%

10%

0% < 20 < 40 < 60 < 80 > 80 Farbklassen

During the subsequent growing trial the conditions for cultivation of a new variety is checked. The check is dealing with fertilization, pruning, root pruning, thinning, storage, consumers’ tests and marketing. OVN is a cooperation of a producer organization and the consultancy ring at the ESTEBURG that is accompanying the The tested varieties partly differ strongly in production testing. If a variety suddenly shows their cumulated yields and in distribution of some weakness during production testing it fruit sizes. The demand is for sizes of 75 to 80 cannot be produced economically. mm. In addition, selection testing is carried out, e.g. in Elstar, Delcorf-Delbarestivale® , Holsteiner Cox and Braeburn. The intention is, to improve an existing variety, i.e. improving the percentage of surface colour, stronger / weaker growth, earlier / later harvest etc. The better selections / mutants are marketed under the name of the original variety. Elstar Palm-Elstar PCP® (Peter and Christa Palm) actually is the most crunchy and

© BLE 8 Variety testing for the apple production in Northern Germany productive mutant of Elstar, followed by Red different colour types and flavours is going to Flame and Elswout. Ten years ago, the Elshof be developed. was the top mutant of Elstar. A first variety has been tested at ESTEBURG, Now the actual trends and developments: it has a mild acidity and a relatively attractive PREMA96-Rockit®, the snack apple with a size external appearance. of 40 to max. 70 mm (focus on 55 mm; about By the way, beginning 2017, the ESTEBURG did 80 g/fruit), sweet, marketed in a plastic tube, a present 120 varieties to different panels. premium snack with distinctive packaging that may be placed into the drink holder in the car. The staff of ESTEBURG is dedicated to support As this apple has a very tiny core with nearly no a competitive fruit production by carrying pips the apple can be eaten in total. out the research and the variety testing as differentiated as possible, by determining facts Red fleshed varieties – newcomers for which independently and by providing the results to a marketing concept as an umbrella brand for fruit producers.

V. d. Zalm Elpallo Elnica Red Flame V. d. Grift Leitsorte Redstar Dalistar Elstar Elrosa

PCP Elshof Bougie Roelse

Elshard Ahrweiler Stechmann Elswout

Impression aus der Sortendemonstration an der ESTEBURG im Dezember 2016

Pictures & Graphics: ESTEBURG - Obstbauzentrum Jork (© E-OJ)

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Variety Protection – Trade mark Protection – Club varieties Erik Schulte, Federal Plant Variety Office, Hannover (DE) Variety protection The so-called “breeder’s exemption” is not covered by the variety protection (art. 10a Variety protection is a private law protecting German Variety Protection Law). Thus, the the intellectual property of a breeder who breeder must not give allowance for the use of developed a new variety. Additionally, it his variety in further breeding. represents a material incentive as the variety protection is the basis for licence agreement. In Question of licence Germany, the legal basis is the German Variety Protection Law . By licence agreements, the breeder may eventually get back a part of his investments Contrary to the above is the admission to a in the breeding. At times, it takes 20 years national list of a variety, which is public law. until an apple variety is ready for the market. This law protects the guarantee for good Breeding is time consuming and costly and may varieties and good seed on the market. Thus be refinanced by licence agreements. A licence being the condition for propagating material agreement between breeders and experimental especially of agricultural species. The legal base farms, executing field experiments or breeders is the German Seed Act (GSA). and producers contains different agreements. A contract on experiments regulates how the With the entry into force of the new Council planting material has to be used. The property Directive 2008/90/EC in January 2017, rights are explained (who is the owner of the protection and certification of varieties are the planting material – the person who planted condition for the trade of propagating material it or who supplied it?). The distribution of and planting material of fruit varieties within the propagation material and the sharing of the EU. An exemption is granted for older experimental results as well as the copyright are varieties. regulated as well as the financial compensation, the right to inspection and the handling with The novelty of a variety is the condition for the eventually derived varieties. A derived variety protection of the new variety (art 6 para. 1 and emerges by finding a mutant in the orchard 2 German Variety Protection Law). “New” in or experimental field (i. e. bud mutations the context of the German Variety Protection occurring through UV radiation, treatments Law means that the propagation material of etc.) and by propagating the branch with this the new variety must not have been in trade promising foundling. New trees are produced since more than one year. The new variety must and it is checked whether the foundling is be distinguishable from all known varieties suitable for a new variety. (art. 3 para. 1 German Variety Protection Law). The term “essentially derived variety (EDV)” The propagation material of the new variety is a legal concept in case the original variety must be homogenous (art. 4 German Variety is a protected variety. In this case the mutant Protection Law). The new variety must be stable variety is principally protectable but an in their significant characteristics – even after adequate compensation between finder and several reproductive cycles (art. 5 German the holder of the plant variety protection Variety Protection Law). Finally, the variety rights must be stipulated. Finally, in a licence must have a registerable variety denomination agreement it is stipulated when the results must (art. 7 para. 1 German Variety Protection Law). be achieved / presented or when the agreement Varieties and variety designations are directly ends. connected, which is not the case in trade marks. Club varieties Right of prohibition (art. 10 German Variety Protection Law). Whoever obtained the A special form of marketing varieties is protection for a variety is exclusively entitled the club that is under central supervision to produce, to prepare, to import and to export or that exercises central control. Essential propagation material. The holder of the plant characteristics of a club variety are the variety protection rights is entitled to assign following: The exclusivity of a club variety is these rights to third parties.

© BLE 10 Variety Protection – Trade mark Protection – Club varieties due to the exclusivity of the club members. The morphological and phenological characteristics whole process from breeding to marketing of are recorded for at least two vegetation cycles. the fruit is controlled. The limited number of The characteristics are selected in accordance club members allows the enforcement of very with internationally agreed guidelines. The strict obligations with respect to production advantage of internationally agreed guidelines and marketing (specification and inspection). is that these tests are carried out accordingly The pre-condition for a club variety is a in 75 countries of the world. Thus, it is possible prohibition right, i. e. an exclusive right such that a variety being protected in one country as the variety protection or – in case of free must not be tested again if an application for varieties – the right on a protected trademark. protection is filed in another country. The test The cultivation conditions and the quality report of the first country can be taken over. characteristics for the crop are specified. A very The results guaranteeing that the variety is intense promotion for the variety is launched (e. new, distinguishable and invariable are exactly g. variety ‘Cripps Pink’ / trademark Pink Lady®, the same as if they would have been checked the first variety with a particular television by the BSA. When the test is finalized and the spot). Higher prices can be achieved – starting result proves that the variety is distinguishable, with “primeur prices” at the introduction a decision on variety protection can be taken on the market. Subsequently higher prices or the report is sent to the authority that asked are attainable, provided the demand can be for the testing (art. 7 BSAVfV, art 18 LPPV). increased through advertisement (and good Today, less than 25 % of the testing for apple quality) and the supply can be shortened varieties in Wurzen is for German breeders. through strict quality provisions. This will also The majority of tests is carried out on behalf apply when supermarkets sell all varieties at the of the Community Plant Variety Office (CPVO) same price (mixed calculation); the club variety granting an EU wide protection. The BSA is one will always be more expensive for purchase as of its accredited examination offices. there are higher investments. Today, 630 varieties of agricultural species Checking and Granting Variety Protection are protected and 2,591 varieties are listed in Germany. The listing is mandatory for In Germany, variety protection and certification agricultural species; otherwise propagation are granted by the Federal Plant Variety Office material would not be allowed in trade. In (Bundessortenamt - BSA). The BSA is an total, 885 varieties of horticultural species are independent central government authority protected (mainly ornamental species) of which under supervision of the Federal Ministry of 147 fruit species in Germany and additionally Food and Agriculture. Independent means that 2,105 fruit species in the EU (12/2016). the decisions are taken independently. The BSA is responsible for carrying out the variety In the testing station Wurzen, 150 varieties were testing, the granting of the variety protection, tested in 2016. 12 species are tested for several and the national listing of the variety. The years. More than 900 varieties are planted for head office of BSA is in Hannover. The seven comparison, i. e. POR testing. 1,385 varieties are technical testing centres have each individual planted in Wurzen as gene bank reserve, i. e. responsibility for specific plant species; Wurzen as plant genetic resources. Wurzen is member being responsible for fruit species. of the German Fruit Gene Bank Network, which is conserving old varieties in order to The first step in the process of variety keep them alive and to have them available for protection is the submission of an application breeding purposes, i. e. distributing propagation and the submission of planting material as material of old varieties. Information can be requested by the BSA – in the case of apple obtained from the internet on www.deutsche- five trees for testing plus a spare tree. In case genbank-obst.de or the BSA web site (www. of mutant varieties, which due to their genetic bundessortenamt.de). characteristics are not very homogenous and invariable, the BSA is asking for more trees to EU variety protection check for the same standard of homogeneity. Die varieties are planted in the open field – The Community Plant Variety Office (CPVO) is in accordance with breeder’s information based in Angers (France) and actually receives – with similar varieties selected by BSA. The about 3,299 applications for variety protection

© BLE Variety Protection – Trade mark Protection – Club varieties 11

(2016); mainly for ornamental plants. The (words, letters, numbers or other characters), second most important group of species are figurative marks (images, pictorial elements), the agricultural species; fruit species with 7.4 % word/figurative marks, three-dimensional playing a more subordinate role. However, fruit marks (objects that are recognizable in a special species require the most time consuming and way), tracer marks (coloured stripes or threads), costly testing. colour marks (colours or colour patterns), acoustical marks (acoustic signals, melodies, For apples, Wurzen is one of the six accredited jingles), position marks (specific pattern at the examination offices of the CPVO; the others same place on an object; e. g. red tip on a jeans) are Slupia Wielka (Poland), Brno (Czech or any other category of trade mark. This means Republic), Tordas (Hungary), Valencia (Spain), specific marks that are suitable to differentiate Angers (France). All varieties being notified the products of one company from the for Community plant variety rights are tested products of another company and thus make in one of the six examination offices . Non- the products identifiable. The characters used accredited examination offices may test as a mark must be capable of being represented additionally, but their results are not accepted graphically; this also applies to acoustical by the CPVO. In case a breeder had received marks. variety protection from a non-accredited Plant Variety Office and would – later on – decide to The Nice Classification, established by the Nice ask for variety protection at EU level, the testing Agreement (15 June 1957), is an international would have to be repeated. system for the purpose of registering trade marks. Actually, it groups products and services Variety protection versus trade mark protection into 45 classes. Germany is contracting member state and the agreement is applied by 140 For quite a number of fruit varieties two countries. The system identifies the scope of denominations exist. Whoever hears the term protection. The Nice Classification is available “Rubens” directly thinks of an apple variety. in the internet: www.wipo.int/classifications/ However, Rubens® is not a variety name but nice/en/ a protected trade mark. The respective apple variety is ‘Civni’, the variety of the Italian The procedure for granting a trade mark is Association of Nurseries (Centro Italiano similar to the procedure for granting variety Vivaisti) whose varietal denominations all start protection. An application is necessary – in with “CIV”. For the variety ‘Cripps Pink’ the Germany at the German Patent and Trade Mark trade mark Pink Lady® exists and for ‘Rafzubin’ Office – followed by a check. The application the trade mark Rubinette®. This is most is checked for absolute grounds for refusal. In important in variety names being numerical particular, all words that merely describe the codes such as ‘13S2009’ being the variety name goods or services (for example, “apples” for of a cherry which is known under the trade fruit) are regarded as a criterion for exclusion, mark Staccato®. In previous presentations the or if the proposed mark is either already in varieties ‘PREMA96’ for Rockit® and ‘SQ159’ for use, is misleading or is in conflict with social Natyra® have been mentioned. standards. There is no check for so-called relative grounds for refusal which means that The variety protection is related to a variety, the proposed trade mark could violate third- under the condition that a designation suitable party rights. In case of a positive result the for registration exists. When a variety is no trade mark is registered and published in the longer protected, and in apples the variety electronic Trade Mark Journal (https://register. protection ends automatically after 30 years, dpma.de/DPMAregister/blattdownload/ the variety designation is no longer protected. marken). There is a possibility to appeal. Trade This old variety designation may not be used marks can be cancelled during the protection for a new variety but may be used for different or after the expiration of the protection, e. g. purposes. when an absolute ground for refusal was stated (invalidity of the registration) or the protection Contrary to the above, a trade mark is a expires as the trade mark has not been in use sequence of characters that does not refer to the for five or more years. Those decisions are variety but to the owner who can be a natural published in the Trade Mark Journal too. or legal person. Trade marks can be word marks

© BLE 12 Variety Protection – Trade mark Protection – Club varieties

The duration of the protection ends after ten years, but can be renewed for further periods. The fact that the duration of protection can be extended as desired is the reason why for propagation material and the crops trade mark protection is requested; in apples the variety protection ends after 30 years and in strawberries after 25 years. Whoever has received trade mark protection while the variety protection is still valid, does not have any right of prohibition with respect to the variety name when the variety protection expires but the right of prohibition with respect to the trade mark.

© BLE 13

It’s the mix that makes the difference – The combination of variety protection and trademark protection in the „green range“ Thomas Leidereiter, LL.M. (Cardiff), Green Rights, Hamburg (DE) Especially in the field of so-called club varieties, distinguishable from all other varieties in at one comes across the parallel application of least one characteristic and must invariably variety protection and trademark rights. But be propagated. When the variety is protected, not only in so well-known examples as Pink the propagation, the offering for sale and the Lady® (variety designation Cripps Pink), a placing on the market as well as imports and trademark is increasingly used besides the exports of its materials require the consent of variety designation of a protected variety. Thus, the holder of the variety protection rights. the table grapes of the EU variety Grapaes (EU variety protection No. 19647) is marketed under Another protected object is the designation of the protected EU trademark No. 003095676 the variety, which is the „generic designation“ Early Sweet® (word mark). But which purpose of a variety. As such, it is in many aspects has such a combination of commercial comparable to the so-called International protective rights and which justification applies Nonproprietary Names (INN) for drug to commercial protective rights in general? substances. For the duration of the variety protection, the holder of the variety protection Why do commercial protective rights exist? only is entitled to use the variety designation for the protected variety. But there is a general There are different theories to justify the obligation to use the variety designation for protection of intellectual property rights and parts of the variety too, i. e. even on subsequent of intangible assets rights. For one thing, there stages of marketing. With respect to the is the so-called moral approach addressing the harvested crop (e. g. fruit), the obligation inventor itself. Following this consideration, is due to other legal requirements (e. g. EU the protection of commercial protective rights marketing standards, where – by the way – is originating in the self-commitment of a the term „name of the variety“ would better country to respect the human rights pursuant be replaced by „variety designation“ – in the to article 27 of the Universal Declaration of light of harmonisation within EU legislation). human rights. According to that, everyone has The variety designation may not be used for the right to the protection of the moral and other varieties of the same or a closely related material interests resulting from any scientific, botanical species. The variety designation must literary or artistic production of which he is the be used even after the variety protection has author. In addition, the instrumental approach expired. is widely distributed according to which the commercial protective rights (for a certain The illegal propagation of a variety as well as period of time) are granted as the created the unauthorised use of a variety designation „products“ (and varieties are such products) or the use of the correct variety designation in enlarge the knowledge of the society and false matter are protection faults which inter increase their wealth. alia lead to injunctive relief of the holder of the variety protection. In addition, the payment of Variety protection a reasonable compensation can be claimed. This is the only field in the commercial The variety protection, here presented on protective rights in Europe, where one has the example of the Community variety right to pay even if not guilty. The injunctive relief pursuant to the Council regulation (EC) No. applies always and everywhere. In case of 2100/94 of 27 July 1994 on Community plant intent or negligence, compensation is owed too. variety rights, indeed knows two protected But why additionally make use of trademark objects. On the one hand, the „variety“ is protection and use as trademark or tradename protected. This is the plant grouping being when a variety or variety designation is defined by their genotypic expressions, i. e. protected? their phenotype. This plant grouping must be

© BLE It’s the mix that makes the difference – 14 The combination of variety protection and trademark protection in the „green range“

The weaknesses of variety protection play any role whether the trade marked variety enjoys variety protection or not. The trade The variety protection is only limitedly mark holder may prohibit third parties from applicable to the harvested crop. In apple using identic characters for identic products varieties, these are the apples as such. It goes or similar characters for similar products without saying that the fruit constitute the (which may be bought alternatively). In case substantial value of a commercial fruit variety. of known trade marks (Coca Cola®), the trade The reason for this weakness is the fact that mark protection even covers complete unlike variety protection originally was destined to products. Thus, I do not recommend to use seed-propagated species such as cereals and the trade mark Coca Cola® for an apple variety potatoes. without the previous consent of the trade mark holder. In variety protection, quality requirements can only be agreed on by contract. However, When the trade mark protection applies, the holder of the variety protection can the respective mark may not be used on the exercise these rights against his contractual product or on its packaging without the partner only. In order to exercise this quality consent of the trade mark holder. Products requirement all along the marketing chain, marked accordingly may not be placed on the a claim in rem is necessary. Moreover, a market or be imported in the country offering meaningful variety designation (e. g. Linda) protection or exported from this country. The being established with high financial effort violation of the trade mark leads to claims for might be freely used by all once the variety injunctive relief, for abatement or removal, protection has expired. The investments made for damages or compensation or claims to by the holder of the variety protection would varied information. Even the publication of the no longer be useable by himself; he would have judgement may be claimed. Trade, by the way, to look for a new name. With the expiry of the is legally bound to check whether the product variety protection the holder of these rights sold is protected by third parties. There is an loses the opportunity to recover the funds obligation on active information. Once the invested. branded good has been placed on the market by the holder or its licensee, the rights thereto are The Community plant variety rights can no exhausted in principle. longer be claimed when the material has been However, the trade mark rights in Europe – placed on the market by the holder of these unlike the plant variety rights – provide the rights. Example: When selling a rose bush exception from exhaustion of rights cases in in a third country, the holder of the variety the event that the trade mark was changed or protection might not have consented that the declined after the first successful distribution. crop (cut-flowers) will be sold on the German This is a significant difference in contrast to the market. If the possible gains through the sale of variety protection. Pursuant to article 15 of the cut-flowers would be taken into consideration regulation on the European Union trade mark the rose bush would be clearly more expensive. (Reg. (EU) 2017/1001) the following applies „ Paragraph 1 shall not apply where there Trademark protection exist legitimate reasons for the proprietor to oppose further commercialisation of the goods, The reasons for trade mark protection are especially where the condition of the goods is to be found in the weaknesses of the variety changed or impaired after they have been put protection – especially in the range of the on the market”. crop. The marketing of the crop can only be A trade mark holder who finds in a supermarket prohibited when the crop has been obtained a box of apples not satisfying his or her quality from varietal constituents which have been requirements may prohibit their marketing – if used without consent of the protection need be by court order. This holds in the garden holder or when the holder did not have any centre where trade mark protected plants are opportunity to assert the rights conferred on not fertilized and/or irrigated. Here, a claim him. in rem is anchored of the holder against third parties offering his branded products in „ lousy” The trade mark protects characters but not the quality. product or the service as such. Thus, it does not

© BLE It’s the mix that makes the difference – 15 The combination of variety protection and trademark protection in the „green range“

Therewith, a trade mark holder can protect an easier identification of pirated products. and assert the quality of his or her product. Last but not least, the combination of Therefore, trademarked products can legally protection rights guarantees a permanent be obtained only if a) the branded product is return on investment which in turn allows bought from the holder or his / her licensee, breeding and marketing. b) expired products are bought or c) a licence agreement is concluded with the holder. In all cases: The product must not be altered or declined until it is sold.

The advantages in combining protective rights

The combination of variety and trade mark protection right provide advantages for all partners / parties and – against general opinion – not only for the holder of the protection rights.

For consumers, the combination provides the reliability of the protected products. Only by use of a trade mark, the quality standards are more exactly definable (complete quality manuals are possible) and fully enforceable. Clear labelling facilitates the use of the desired product and last but not least, trade marks provoke a social binding.

For producers, the use of existing protection rights allows the access to the latest breeding results (e. g. access to resistances, access to higher yields, eventually access to reduced input of resources, protection against illegal use by third parties). There would be no incentive for breeding without any return on investment. Even the producer is protected by variety and trade mark protection against illegal propagation through third parties – which finally can negatively redound upon him. Additionally, the producer participates at the so-called „pump effect“ of the trade mark (participation on marketing effects, stability of prices) providing him a certain negotiating power in trade.

For breeders, the use of a trade mark in particular guarantees a „name stability“ despite constant (and eventually small) breeding progress as he must not invent a new advertising name for a new variety (umbrella brand). Moreover, the trade mark grants a higher protection for the valuable crop and allows quality inspection at all marketing stages. How far a licence holder excercises this right to control and to withdraw from the market is a question of his/her individual venture stage. The trade mark protection allows

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17

Apples – Production of Club Quality Tony Fissette, Enzafruit New Zealand (Continent) NV, Sint Truiden (BE) General info T&G Global have always been the leader when it comes to introducing new varieties. Enzafruit New Zealand (Continent) NV is based In the late 70’s most preferred apple varieties in Belgium and is 100 % owned by T&G founded were Cox Orange, , , in New Zealand in 1897. T&G has a worldwide , and for network of offices (New Zealand, Australia, the pears Packham’s. In the 1990’s Enzafruit North America, South America, Asia, U.K. and New Zealand successfully introduced the Europe), has a distinguished history and is new varieties Royal ® and Braeburn on now recognized around the world as a leading the market becoming the most popular apple distributor, marketer, grower and exporter of varieties together with Cox, , Pacific-types premium fresh produce (such as apples, pears, and Pink Lady®. Doyenné du Comice was the tomatoes, kiwifruit, grapes, cherries, stonefruit, most popular pear variety in the 1990’s. Now in citrus, asparagus). 2017 we see that Royal Gala® and Braeburn are still popular varieties however losing market The main brands of T&G are Enza™ (apples/ share to club varieties such as ™, ™ pears), Jazz™ (apples) and Envy™ (apples). and Pink Lady®. Club varieties are gaining market share which T&G has 32 sales and production operations results into increasing plantings for the future. globally, 1,380 employees and 2,000 seasonal There are currently a lot of club varieties (over employees. It is the largest corporate 40) in Europe so the question for the future horticulture investor in New Zealand and will be which ones will exactly survive and largest grower of new apple varieties, citrus make it as a success. T&G has worldwide the and hothouse tomatoes. Further T&G owns the exclusive license of the varieties Jazz™, Envy™ largest network of fresh produce markets in and Pacific Rose™ and keeps investing in Plant New Zealand, facilitating more than 200 million Variety Rights (PVR) innovation as new varieties kilogrammes of fresh fruit and vegetables every are very important for the future. day. The company is one of New Zealand’s largest operators of fruit coolstores and Club variety Jazz™ packhouses. Essentially, there are 7 phases to the T&G quality development of a new variety.: When it comes to quality, T&G New Zealand • For Jazz™, phase 1 (= Setting Objectives) has always been a leader. Health and safety is began in 1984. Market research played our top priority. This goes from the orchard an important part in setting selection to the consumer and guarantees 24h-full objectives for the Plant & Food Research traceability. Furthermore T&G gives technical programme. Consumer preferences, buyer support to its growers and is in full compliance reaction and market opportunities were with all required packhouse certifications. We studied in collaboration with Enzafruit. have country specific protocols (including all • In phase 2 (hybridization), the parents were MRL compliances of course), qualified quality selected: Royal Gala® and Braeburn as inspectors and we are leader when it comes to they represented the best combinations innovations. of texture, flavour and market value at the time. The pollen from one parent was T&G Pipfruit placed onto the stigma of the flower of the other parent. T&G operates 920 hectares (2,270 acres) of • In phase 3, the selection phase, Jazz™ (as orchard within New Zealand and is still with its sister Envy™) was selected from a growing. T&G own orchards are large growers family of 8,500 seedlings. of our own proprietary varieties Jazz™ and Envy™ and also with plantings of Royal • In phase 4, the evaluation of the production Gala®, Braeburn, Fuji, Kiku™, Pacific Queen™ potential: 2 trees in each of 3 research and Pacific Rose™. T&G/Enzafruit New Zealand orchards in different locations across New

© BLE 18 Apples – Production of Club Quality

Zealand were checked for their capacity of growth and production. • Phase 5 was the evaluation of the commercial potential. Jazz™ showed such early potential it was fast tracked. • In 1995 trial plantings (phase 6) were started in commercial orchards.

The phase 7 followed quick with first commercial plantings.

In 2000 Enzafruit decided to go for it!

Grown with passion in sun-drenched orchards, enjoy the crunchy tangy-sweet, juicy invigoration only Jazz™ apples can deliver. The collision of delightful flavours is the result of natural breeding between the Royal Gala® and Braeburn varieties. This is an apple that is a true taste sensation! Originating in the beautiful orchards of New Zealand, Jazz™ is now also grown in premium apple growing countries in the UK, Europe, USA, Chile, South Africa and Australia through a quality controlled Enza™ growing programme. Jazz™ apples are sustainably grown under strict Enza™ Quality Controlled conditions to ensure they are safe to eat, store well and taste delicious!

The Jazz™ growing regions and growers are carefully selected. It is important to select the right countries with the right growing regions and right growers allowing the variety to be successful for both T&G and the growers. Before planting any tree, we set up a growing plan taking several key points into account. When the test phase proves to be successful, we select the best growers and business network and an individual contract between the grower and T&G is signed.

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Quality in Organic Production Dierk Augustin, Fruit Farm Augustin, Jork (DE) Since 1712, the Augustin fruit farm has been Alkaline stone meal we used to treat scab family-owned. The settlement history of the flocculated in combination with acid Ancient Land (a region west of Hamburg) and preparations. Given the pressure, we found the history of the farm run parallel. Around ourselves under, psychologically and in view of 1300, the Saxons tried to cultivate the Elbe a looming scab infection, we had to clean the river glacial valley. Supported by Dutch experts, slimy filters at night, using headlights. These are they drained the marshland by building dikes just a few practical problems that I had to solve, and a drainage system. This fertile soil was without any advice. used for mixed farming. In the 13th century, orcharding started with stone fruit, later Note that I do not want to miss these followed by pip fruit. The fruit was sold on experiences as they made me the person I am markets in Hamburg. Until 1960, the Augustin today: an independent fruit farmer who does farm operated livestock farming, agriculture not immediately call for help when a problem and orcharding. With the establishment of the arises but searches for solutions on his own EEC, mixed farming could no longer compete first. with France and Italy. Thus, the farm started to specialize on apples and pears. The particularity We needed alternatives to herbicide application of the region – its proximity to the coast and on the tree strips. We tested prototypes of soil its maritime climate – was highlighted in working machines and contributed to their marketing as this particular climate produces further development. The senior partner of apples with a special sugar/acid-ratio and Humus developed the so-called Humus-Planet- thinner skin. Machine. Being a farmer himself, he wanted to realize his vision of reducing the stress that In the 1980ies, the farm was completely annual applications of herbicides cause to soils. converted to orcharding and was first operated Today, we employ electro-hydraulic controlled according to conventional or to integrated equipment working left and right at 2.5-3 km/h. production standards. In 1989, production was converted to organic farming in accordance There is a solution to every problem, provided with the guidelines set by Naturland. My wife there is room for development, at both political who no longer wanted to use herbicides to kill and administrative levels and if consumers the grass and herbs growing on the area left and the society as a whole are included in the clear around the trees initiated the conversion. process of necessary changes. She has never thought it appropriate to eliminate flowering grasses and herbs in spring Allow me to take you on a virtual farm visit just because they compete with apples for water now, to make you familiar with its philosophy and nutrients. and its practice.

After initial difficulties, we slowly became Biodynamic agriculture of Demeter quality acquainted with the method of organic revolves around the cow, as the bovine production. At the time, other organic fruit gastrointestinal tract and its metabolism growing farms existed, but none applied processes are very similar to the processes in themselves to the task as intensely as we did the soil. All of you are familiar with the picture during conversion. The agricultural machinery of the cow grazing and ruminating afterwards. we had used so far was only useful to a degree. During rumination, the animal’s stomach We reactivated the old mulch mower. We contents are fermented while the diversity moved it towards the trees at minimum speed of microorganisms increases. Digestion and used a long rope to circle them (in a big of a healthy biodynamic Demeter cow is contrast to the conventional combination of harmonious and balanced. From cowpats, a mower and sprayer with an operating speed horn-manure preparation is made. Yet, the of 6 km/h). We raked the mulch material cowpats must be of specific quality, i.e. from a away from the trees manually, as mice had lactating cow. Hormone levels determine the comfortably nested there. digestion and microbiological composition of the cowpats. Young females (heifers) and

© BLE 20 Quality in Organic Production bulls must be kept on different pastures. The machine. Water temperature must be 36 °C cowpats must be collected in the morning to enhance the microorganisms’ liveliness. hours to prevent flies from laying their eggs in These details determine success or failure. them. Pasture grass must not be over-fertilized, You do not need to worry about such details as this will lead to thinner cowpats. If this and when you prepare the spraying fluid with other facts are heeded, cowpats turn into a conventional, chemical synthetic preparations. highly effective agent and the horn-manure The microorganisms of the preparation preparation serves to inoculate and rebalance interact with those that are already present degraded soils. or complement the desired diversity in the compost and soil. The organic substance is Biodynamic farming according to Demeter disintegrated and mineralized at an unexpected and anthroposophy seem to be surrounded by speed. mysticism; maybe because Goethe’s view on nature and the humanities is not accessible After these explanations on the basics of to everyone. Nevertheless, in essence, it is all Demeter agriculture, we will now take encompassing, simple and practical. The success the harvest train to the orchard where, at of a homeopathic treatment strongly depends distinctive points, we will familiarize ourselves on the physician’s anamnesis and on the with the production process. Final consumers selection of the appropriate preparation in its often have an idealized image of organic proper potency. The same applies to Demeter production. They expect high trees with sheep preparations. Instead of mysticism, only the and cows grazing under them. We would like to consistent implementation of knowledge is of show and make you understand modern, open- help. minded organic orcharding.

How to obtain a preparation from a cowpat? Our first stop is where large-crowned pear trees Cow dung is filled into a cow’s horn that is neighbour a small-crowned intensive orchard. then buried in good, loose, humus garden soil. I will explain the maintenance measures Where possible, it should be buried in soils taken within the orchard during vegetation, facing south so for warmth to support the such as pruning, visual inspection, cutting conversion process. The cows’ horns are filled out contaminated shoots and picking fruit and buried in September, while they are dug from both large and small trees. The labour- up in March/April. Under these conditions, related aspects are convincing. “But what about the cowpat develops into the horn-manure ecology?”, people ask. While we are approaching compound, a dark, crumbly, pleasantly smelling the small-crowned trees, I will show you the substance. Basically, the microorganisms so-called window cut. As sunlight is sometimes contained therein must be kept alive during sparse in the north, we must get the most out of longer periods of time. This is the essence of it. Therefore, we cut a window in the middle of biodynamic agriculture: working with what the tree and make sure that all branches receive is alive. The cows’ horns’ content is collected an equal amount of sunlight. This way, the trees in clay pots and stored in a compound box. dry more quickly and deprive fungi – which Subsequently, compound quality is checked could germinate in moisture and then infect for humidity. Sufficient oxygen must also be the trees – of their living conditions. available. The point is to maintain the very high level of microorganisms. The attention paid to Aside from various compounds, we also spray the preparation is comparable to that given to cupper and sulphur. Stone meal is an important a CA-ULO storage. Here, too, attention is not preparation. The fine silicon crystals cause tiny mainly paid to the storage itself but rather to injuries on the surfaces of leaves and fruits. To the 70 t of very lively apples it contains. cure those injuries, the leaf and the apple send higher concentrations of phenolic compounds In spring, rising soil temperatures trigger below the surface of the leaf or the apple skin. the mineralization process of the organic Fungi cannot germinate in this environment substances. At that time, we spread compost and insects do not like to feed there. The on the tree strips and spray the horn-manure pest-repellents - antioxidants and phenolic compound on top. To make the preparation compounds - are of high nutritional value for sprayable, we dissolve it in warm water and human consumption. This treatment verifiably stir or stimulate it for one hour in a stirring enriches these substances in the apple.

© BLE Quality in Organic Production 21

Preventive measures can be taken in case This measure illustrates our image of ourselves of insects too. On the Augustin fruit farm, a as “green professionals”. Our profession misses number of diploma and doctoral theses at the the opportunity to create a positive public University of Hamburg were written on the image. Organic farming can and must provide issue of differences in bird and insect stock impetus! density between conventional or integrated and organic production. The pear orchard turned At the next stop of the harvest train we shall out to be extremely valuable in that context. deal with soil. Soil, in agriculture, is also In the standard tree (tall-stemmed) orchard, seen as acreage that increasingly becomes a breeding young birds was more successful than speculative commodity. Yet, soil is the basis in the small-crowned orchard. of our production, too. The structure of From the ecological point of view, large- this heavy marshland has been improving crowned trees are more valuable. Therefore, continuously due to our organic farming again, we planted some seedling apple trees methods and compost fertilization – especially and sowed a mixture of blossoming plants since we started producing in accordance with as underbrush. Insects must have a home. biodynamic standards. Diverse plant societies, with some solitary Marshland is fertile, rich in nutrients and water, trees here and there, provide a retreat for but poorly aerated. Soil rich in humus and well- various insects. In our profession, we refer to aerated smells fresh, like land smells after a them as pests. Which is true where a particular warm thundery shower – aromatic, of the herbs species of insects proliferates. However, in which root and anchor in it. case of monocultures that we establish for economic reasons (organic farms included!) To provide apple trees with sufficient amounts such calamities should not come as a . of nitrogen during blossom time, which is Biodiversity can foster harmonisation in such known to take a lot of strength, we did apply a monoculture. My conventional professional phytopellets and vinasse in the past. There is colleagues are sometimes stunned when they no guarantee that these phytopellets are not see the low rates of damage due to insects produced from genetically modified crops of in our orchards while they are plagued by South American origin. Although this is of no epidemics. significance where EU regulation is concerned, we look for alternatives. In the west of our farm, along its entire length Plant communities – both above ground of 2.5 km, we established a strip of land to foster and above underground through their roots biodiversity. The wind, coming mainly from the – provide biodiversity. The various roots west, blows insects (both pests and beneficial secrete exudates required by microorganisms. animals) into the orchards. My conventional The more exudates, the better the variety of colleagues shudder at the sight. They do not microorganisms can develop. This creates the trust the natural mechanism. dynamics we desire for mineralization. We also use fast-growing cover crops that can be Next, the harvest train stops at our biotopes. flatly worked into the top soil to provide fresh For the overhead sprinklers there to irrigate protein compounds which the microorganisms the foliage (to assure frost protection during can quickly disintegrate. In the cells, proteins the flowering period) we installed water basins make up more than 50 % of the dry matter. to provide the required amounts of water. Actually, we still know far too little about this The area around the basins was turned into a subject matter and work on increasing our biotope that formed the subject of several of knowledge with the help of consultants. the diploma theses mentioned above. One of the findings revealed that the advantage Water is not always available in sufficient offered by biodiversity (i.e. eat or be eaten) is quantities. Our summers have changed, wet fully effective within a 300 m radius. As this phases and dry phases occur in blocks; i.e. advantage is only of limited use if the farm there are days, sometimes weeks where the is 2,700 m long and narrow, we connected soil’s upper crumb is too dry. This causes the biotopes surrounding the basins with microorganisms to interrupt their activity and the wildflower strips and the hedgerows mineralization comes to a halt. harbouring beneficial insects. As we did install an irrigation system of sprinklers to moisten the upper crumb when

© BLE 22 Quality in Organic Production necessary, the microorganisms can continue their activity.

Healthy soil provides a good environment for the roots, the trunk and the branches all the way up to the leaves of trees. The leaves, along with their assimilates, provide special and healthy fruits: Good soil is edible!

In science, soil, plants and fruits are seen and treated separately. We, however, must consider the system as a whole – especially the soil.

The harvest train now returns to the farm and reaches the marketing area and the pack house. We visit the CA storage, heat recovery, the sorting and grading machine, the flow forms, various types of packaging. The three posters on sustainability and one on varieties conclude this farm visit.

To conclude my presentation, allow me to make few political and professional remarks: The annual FÖKO fruit cultivation conferences of the Support Association for Organic Farming take place under mottos which make our guiding principles: “We are searching for alternative ways – intentionally”, in 2015; “Be courageous. Embrace change!”, in 2016; “Do good and make it known. Production does not end at the farm gate but at consumer level”, in 2017.

We want to collaborate closely with society. We want to exchange knowledge about the production process and consider as our possible partners: consumers, associations (Demeter, Bioland, Naturland), BÖLW (Organic Food Production Alliance), our traders, BNN (Federal Association Organic Food - Natural Products), food retail, politicians, consumer organisations, BUND (Association for the Environment and Nature Conservation), NABU (Nature and Biodiversity Conservation Union Germany), the ministries of the federal states in Germany, the ministry of environment, research institutes, consultants, large cooperatives (wanting to trade organic products too), producers of organic plant care products, BVL (Federal Office of Consumer Protection and Food Safety, competent for the registration of plant protection products), pomologist societies, breeding, the Expert Group on fruit cultivation, the Federal Ministry of Food and Agriculture and others …

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EU Specific Marketing Standard for Apples Reimer Esselborn, Federal Office for Agriculture and Food, Bonn (DE) The most recent figures of apple production The symptoms of bitter pit develop mainly are available for the year 2014. In this year, during storage or even at first after storage and 84,630.276 t of apples have been produced during marketing; in rare cases on the tree. in the world; for the fresh market and for The bitter pit is first to be seen in the lower part processing. Germany is in the twelfth position of the fruit being either directly underneath the of production countries. skin or nest-like in the flesh. Seriously affected fruits have a distinctively bitter taste. The specific marketing standard has been published in annex I part B part I of the The pitted apples suffer from calcium regulation (EU) No. 543/2011 and has last been deficiency. In case of low fruiting intensity amended in 2013. Below, the focus is laid on or strong nitrogen supply, the calcium is defects that develop during production and transported to the vigorously growing shoots storage. and leaves resulting in a relative lack of calcium in the fruits. As after the T-phase no calcium is Ring shaped skin defects due to low taken up from the soil, especially in vigorously temperatures during the swelling of the buds in growing fruits a dilution of the calcium may spring are scored as „not sound“. They can only occur. This is why large-calibre fruits are more be accepted within the tolerances for decay in prone to bitter pit. Classes I and II if the edibility is affected by this In warm climates and during drought, calcium defect. may be pulled back from the fruits and transported to the leaves. This is why bitter pit is more a defect in warm climates. Moreover, varieties have a different susceptibility to bitter pit.

© BLE 24 EU Specific Marketing Standard for Apples

The fruit shown on the photo below was hit by hail about eight to ten weeks before harvest. At the points of impact, the structure of the cells was destroyed and the phenolic compounds in the cell sap oxidized.

Underneath the skin, the necrotic cells appear as corky tissue. The surrounding tissue continues growing and thus, the hail impact points appear as indentations.

Contrary to this, the wet calyx rot is heavily progressive and has to be assessed as „not sound“ and can be accepted in the tolerances for decay only.

The dry calyx rot is a fungal infection not developing further after picking. The fruit is still meeting Class II provided the flesh is free from major defects as on the photos.

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Flesh browning eventually including caverns, Serious sunburn develops from about is a defect that may develop if the fruit has been six weeks before harvest in case of high harvested too late, the storage conditions are temperatures and intensive solar radiation. At unfavourable such as too low temperatures approximately 50 °C the anthocyanins, i.e. the or too high CO2 contents in the storage air. natural cold and heat protection of the fruits, Especially in the first hours of a CA storage, fail. when the respiration of the fruits is high, the In case of serious sunburn, the flesh underneath

CO2 absorber must run. the skin is seriously damaged. Those fruits are Varieties such as Braeburn, Holsteiner Cox but allowed within the tolerances for decay only. If also Elstar, are very susceptible to this defect. the solar radiation causes colouring defects of the skin only the fruits are allowed within the respective classes.

Chilling injury in apples develops especially, when picking is on hot days and the fruit temperature of more than 25 °C is very quickly reduced to + 3 °C. Chilling injury is soft scald, i.e. soft sunken lesions in the skin that may coalesce and form topographic patterns on the fruit. A late harvest increases the susceptibility of the fruits. In case of susceptible varieties, a preventive measure could be that the picked fruits are stored overnight in the field in order to cool down slowly.

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Scab infections (Venturia inaequalis) exclusively take place in the field, especially after longer periods of leaf and fruit wetness. Infections that take place only four weeks before harvest develop during storage in round, black, indented lesions. The number of fruits showing symptoms increases the longer the storage time. Many times, the symptoms develop not until the fruits are taken out of the storage or during marketing.

not allowed

The EU specific marketing standard for apples does actually not provide any allowance for miniature varieties. Since 2014 the UNECE standard for apples includes in its sizing provisions the following: „Varieties of miniature apples, marked with an “M” in the Annex to this standard, are exempted from the sizing provisions. These miniature varieties must have a minimum Brix level of 12°“. Limit Class I The BLE and the inspection services of the 0,25 cm² federal states (Länder) do accept the apples of the miniature variety Prem A 96 with the protected trade mark Rockit®, provided the requirements established by UNECE are met.

Limit Class II 1 cm²

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To conclude, the marking and labelling should Pre-packages must be labelled with these indi- not be missed. cations at retail stage at the latest. In addition, the net weight must be indicated on the label. The following indications are obligatory: • Packer and/or dispatcher/exporter In Germany and pursuant to commercial perceptions, apples may only be sold by count • Common name of the produce if not visible at train stations and petrol stations where they from the outside are sold as a snack. • Name of the variety or synonym and additi- onally the registered trade mark • Country of origin • Class • Size or, for fruit packed in layers, number of units.

If identification is by the size, this should be expressed: a) for produce subject to the uniformity rules, as minimum and maximum diameters or minimum and maximum weight; b) for produce not subject to the uniformity rules, the diameter or the weight of the smallest fruit in the package followed by “and over” or equivalent denomination or, if appropriate, followed by the diameter or weight of the largest fruit in the package.

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Questions and answers to application of standards and inspection Heinrich Stevens, Federal Office for Agriculture and Food, Bonn (DE) The questions submitted by participants have Thus, defects provoking excessive waste are been answered in cooperation with the "Ar- acceptable within the tolerances for decay only. beitskreis der amtlichen Qualitätskontrolle bei Obst und Gemüse" and were presented by Mis- Question 2: Where to define the limit for marketing of fruit and vegetables that are “not ter Stevens (BLE) and Mister Egerer (Bayerische so nice”? Please illustrate with photos such as Landesanstalt. courgettes with damages, courgettes affected Marketing standards in general by viroses, leeks damaged by thrips, misshapen carrots. Question 1: Do consumers have to accept excessive waste when buying produce that Answer 2: When assessing the produce, it is is sold under denominations like “cranks” or essential that the produce is edible without any “freaks”? excessive waste. However, the character of the produce has to be taken into account, as the Answer 1: Produce offered and sold under following photos shall clarify. denominations such as “cranks” must – except when sold from the farm to the final Allowed according to gms consumer – comply with the marketing standards. Thus, produce covered by specific marketing standards must meet at least Class Not allowed according to gms, II including tolerances, other produce must because of “additional waste” meet the general marketing standard including tolerances.

Speaking of “excessive waste” means that the final consumer has to cut off or peel off more than usual when preparing the fruit and vegetables. The defects affect – in the view of the consumers – the edibility. In accordance with the marketing standards, defects affecting the edibility are covered by the tolerances for decay.

The tolerances for Class II as well as for the general marketing standards (gms) read:

A total tolerance of 10 per cent, by number or weight, of leeks satisfying neither the requirements of the class nor the minimum requirements is allowed. Within this tolerance not more than 2 per cent in total may consist of produce affected by decay.

Explanatory note to the general marketing standard (gms) in Germany:

Produce being not edible at the time of inspection or where the elimination of defects would cause additional waste is excluded. This includes serious skin or shape defects and wilting.

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Question 3: How big is the percentage of produce exempted from the specific produce with corporal defects in production? marketing standards (exemption by member state). Answer 3: A study of World Wildlife Fund • For industrial processing, provided the Germany (Little blemishes, large consequences. requirements of the processing industry are Food waste using the example of potatoes, met. 01/2017, ISBN 978-3-946211-08-2) informs that the loss due to marketing standards in fruit and Green kale vegetables in average is 20 % in fruit, 18 % in vegetables and 14 % in ware potatoes. Question 4: How to label green kale when presented as single leaves in a bag – and leaves In Germany, trade nearly exclusively buys and being heavily damaged? sells Class I fruit and vegetables. Answer 4: Green kale is covered by the general Horticulture and agriculture industry – marketing standard. There is no UNECE supplying consumers – can only be economic standard that could be applied on a voluntary when the part of their production being not basis. marketable does not exceed 7 %. Green kale must meet the minimum A private enquiry preceding this international requirement “intact”. Green kale may be meeting showed that – depending on the presented as rosette or single leaves. produce – the non-marketable fraction is about 5 % in production under glass and below 10 % in production in the field.

Produce not meeting Class I can be marketed: • By the producer on his holding to consumers for their personal use, provided the farm is situated conveniently located for consumers. • As Class II produce – including tolerances – for produce covered by the specific marketing standards or by application of UNECE standards, provided the retailers accept Class II. • As produce meeting the general marketing standard – including tolerances – for Baby Kale produce that trade usually orders by UNECE standard. • As produce meeting the general marketing standard – including tolerances – for

© BLE 32 Questions and answers to application of standards and inspection

Thus, this green kale is prepared and is covered by the regulation on food information, i.e. Reg. (EU) No 1169/2011.

Information particulars pursuant to Food Information on pre-packages are: • The name of the food • The name or business name and address of the food business operator • The net weight With respect to the general marketing standard, the obligatory information particulars are: • The date of minimum durability (because of increased perishability). • Packer/dispatcher with name and address • Country of origin Broken asparagus

Question 6: Is the marketing of broken asparagus allowed in all markets?

Answer 6: Asparagus is covered by the general marketing standard and must meet the minimum requirement “intact”, i.e. should not have more than 10 % broken pieces (without tips).

In application of the explanatory notes to the general marketing standard in Germany, the advisors for horticulture (market issues) of the federal states did confirm at their meeting on 2 If more than 10 % of the leaves are damaged, February 2017 the following: the lot is not in conformity with the standard • “Broken asparagus” is a presentation typical and has to be rejected. for the produce. Question 5: How to label green kale when • Thus, packages marked or labelled with leaves are presented without veins or cut into “broken asparagus” do comply with the pieces? minimum requirement “intact” when containing more than 10 % broken pieces Answer 5: Green kale having undergone a without tips. preparation is covered by article 4 (1d) of Reg. (EU) No 543/2011: This explanatory note is applicable in Germany “products having undergone a trimming or with the beginning of the asparagus season cutting making them ‘ready to eat’ or ‘kitchen 2017. ready’;”

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connection with the reference “Packer and/ or Dispatcher” (or equivalent abbreviations);

The example shown provides a code which is not preceded by a reference “packer and/or dispatcher” (or equivalent abbreviation) and the address of the packer/dispatcher is not complete.

The Turkish Ministry of Economy – Department for Agriculture and Food did inform with respect to this example on the Allowed according to gms rules applied in Turkey: (if less than 10 % “not intact”) • Packages must be labelled with name and address of producer, exporter or importer. • Lot numbers have a specific structure, e. g. 070072882 / 09-30, the first two digits being the provincial code, the following 7 being the company code, the next two digits being the inspectorate and the last two digits being the count of the consignment exported in the current calendar year. Every consignment subject to agricultural quality controls must have this code on the label. • The code highlighted in the example TR- 07-K-028699 is an official code related to the mandatory registration for all food producing companies. This code is not Allowed according to gms linked to agricultural quality controls. (if marked as “broken asparagus”)

Pomegranate

Question 7: When inspecting pomegranates originating from Turkey, lots are found where the indication of name and address of the packer / dispatcher / exporter is incomplete. However, on those packages a code such as TR-07-K-028699 is indicated. Is this an official recognized or issued code?

Is there a list with all EU member states available that issue or recognize codes to replace the name and address of the packer/ dispatcher?

Answer 7: Pomegranates are covered by the general marketing standard. Pursuant to this standard, the name and address of packer and/ The BLE does not have any list of all supplying or dispatcher may be replaced countries that issue or recognise codes to • for all packages with the exception of pre- replace the name and address of packers/ packages, by the officially issued or accepted dispatchers. Neither the EU marketing code mark representing the packer and/ standards nor the UNECE standards do require or the dispatcher, indicated in close the publication of those codes.

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However, the UNECE secretariat is aware of the However, those apples and pears must comply problem and is exploring the possibilities to with the general marketing standard. provide a database where countries applying or • As member states must define the recognising official codes at export or dispatch exemptions in their national legislation, the stage may enter this information. If such a exemption is applicable in the territory of list would be available and well maintained the respective member state only. by supplying countries it could be used as a reference in inspection. Indication of the Class

Sweet potatoes Question 10: Can consumer rely on the indication of the class, i.e. a produce marked Question 8: Are marketing standards including Class I is meeting the provision for this class? a classification for sweet potatoes available, e.g. from Spain, the Netherlands or US? If yes which Example: Asparagus is labelled: Class I / white are the provisions of those standards? / 12–16 mm. 100 % of the produce are hollow shoots. Answer 8: There are several standards for sweet potatoes: Answer 10: In accordance with the German • USDA-Standard explanatory notes to the general marketing (https://www.ams.usda.gov/grades- standard, hollow shoots of asparagus are standards/sweetpotatoes-grades-and- meeting the minimum requirement intact/ standards) sound if the flesh is sound, clean, fresh and not discoloured. • ASEAN-Standard (Association of Southeast Asian Nations): (ASEAN 38; 2014) The UNECE standard (FFV-04) – that may be • African Standard CD-ARS 826/2012 applied optionally – does not allow hollow shoots. Thus, in tolerances for Class II up to These standards do include a classification. 15 % hollow shoots are allowed, provided the They may be applied on voluntary basis when flesh is sound, clean, fresh and not discoloured. the produce is imported to Germany. However, it is recommended to indicate the standard When inspecting the conformity with the applied in order to avoid the impression that general marketing standard – and ignoring the Class indicated is based on a national or EU the indication of Class I – consumers receive a marketing standard that do not exist. produce labelled with the quality which might not be met by the produce. Exemptions from the specific marketing standards

Question 9: Pursuant to article 4 (3) of Reg. (EU) No 543/2011 member states may exempt from the specific marketing standards products presented for retail sale to consumers for their personal use and labelled ‘product intended for processing’ or with any other equivalent wording and intended for processing.

Which produce are exempted in other member states? Is it allowed to deliver those produce to Germany? Are there specific rules to respect when inspecting such produce?

Answer 9: In Germany apples and pears are exempted with respect to the above mentioned article as specified in § 2 (exemption) of the national regulation on EU marketing standards for fruit and vegetables.

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Question 13: Is it allowed to indicate the packer by a code (e.g. “packer: KCBXXX”) on a pre- package when name and address of the seller established in the European Union is missing?

Question 14: Is it mandatory to indicate the street or would the post box or the city with the zip-code do, as the report of rejection could be a postal delivery?

Question 15: Which marking or labelling provisions do apply (accompanying documents and marking of the package) for apples being presented on a transport vehicle in bulk or in big bins?

Additional question 10: Is this fact (indication Question 16: Which marking or labelling Class I – 100 % hollow shoots) misleading the provisions do apply (accompanying documents consumer? and marking of the package) for apples being presented in a storage facility where several lots Additional answer 10: 76 % of the participants are stored? regarded this fact as deception; i.e. they expect that a package labelled with Class I must Questions 12 to 16 will be answered in the contain Class I produce and must be checked presentation concerning marking and labelling. accordingly by the authorized inspection service. Question 17: Could you provide examples on inspecting traceability by means of control of Question 11: Do EU member states check the the quantity? indication of a class at import or wholesale stage? Question 17 will be answered in the context of the presentation concerning the inspection of Answer 11: In case of produce covered by the the origin. specific marketing standards the indicated class must be verified in inspection.

The BLE is inspecting at import and export the conformity with the general marketing standard if the produce is covered by this standard and ignores any indicated class. However, if an importer or exporter is explicitly asking for an inspection of conformity with the respective UNECE standard or if in case of non-conformity with the general marketing standard the application of the UNECE standard could provide conformity.

In Germany, the authorities competent at wholesale and retail stage proceed as described above or check the conformity with the class indicated in any case.

Question 12: Which regulation applies with respect to the indication of name and address of the packer, species, variety etc. when labelling pre-packages – Reg. (EU) No 1169/2011 or Reg. (EU) No 543/2011?

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Labelling of Fresh Fruit and Vegetables Ulrike Bickelmann, Federal Office for Agriculture and Food, Bonn (DE) A large number of regulations are the basis of The provisions on labelling e.g. the country of the labelling of fresh fruit and vegetables along origin or the dispatcher are covered in different the marketing chain from production to the regulations. As the legislator respects the final consumer. These regulations, fortunately, principle “specific law overrides general law“, do not duplicate and avoid conflicts. any duplication is avoided. How to differentiate “specific law“ from “general law“? The more Here, the following regulations and their the addressed legal field is focused on a specific interaction are dealt with: item, the more “specific“ is the respective • Food information regulation (FIR), Reg. (EU) regulation. For regulations addressing fruit and No 1169/2011 vegetables, the following applies: all food is addressed by FIR, of which the organic food is • Organic production regulation (ORG), Reg. addressed by ORG. Even more specific than FIR (EC) No 834/2007 and Reg. (EC) No 889/2008 and ORG are the labelling provisions for fresh • Market organisation on agricultural fruit and vegetables contained in the marketing produce (GMO), Reg. (EU) No 1308/2013 standards. • Marketing standards (MS), Reg. (EU) No 543/2011 Provisions of FIR • German act on maximum residue levels on Pursuant to article 7 (1) of FIR, fair information pesticides (RHmV) practice must be guaranteed when labelling. • German Quotation of prices act Thus, the information must not be misleading as to the characteristics of the food, in When applying the requirements for labelling, particular, as to its nature, identity, properties, the type of packaging has to be taken into composition, quantity, and durability, country account: of origin or place of provenance, method of • Package containing produce in bulk; manufacture or production.

• Package containing pre-packaged produce; Pursuant to article 9 (1) of FIR, the indication of • Open sales package (destined for the final the following particulars is mandatory for fresh consumer); fruit and vegetables: • Pre-package (destined for the final consu- • On pre-packages: mer). –– Net quantity In addition, the supplying country or cross- –– Name of the produce when causing border trade has to be taken into account: allergies or intolerances as listed in annex II • Germany; –– Glazing agent as listed in annex VII part C • Any other EU member state; ––date of minimum durability in case of • Non-EU country, i.e. imports from third sprouting seeds and similar products such countries. as legume sprouts as well as fresh fruit and vegetables, including potatoes, which Moreover, the stage of marketing is of have been peeled, cut or similarly treated importance: • On all other packages that do not contain • Production or direct sale from the farm to pre-packed produce: the final consumer; ––Name of the produce when causing • Packing station / dispatch or export; allergies or intolerances. • Import; When a package contains celery likely to • Wholesale or distribution centres of super- trigger allergies or intolerances, the name of markets; the produce must be indicated even when • Online sale; the marketing standard does not require this indication as the produce is visible from the • Retail. outside.

© BLE 38 Labelling of Fresh Fruit and Vegetables

In addition, the font size of characters is defined ––Code number of the control authority or pursuant to article 13 (2) of FIR for indications control body, on pre-packages. In order to provide clear ––Organic logo of the EU (optionally in case readability, the mandatory indications must be of produce originating in third countries), given in a font size where the x-height, is equal ––Place of origin (EU, Non-EU agriculture or to or greater than 1.2 mm. For other packages, EU/Non-EU agriculture or country of the font size is not stipulated. origin) being placed in the same visual field as the Organic logo of the EU. Pursuant to article 15 of FIR the language used in labelling is stipulated. Mandatory food Provisions of the marketing standards information shall appear in a language easily understood by the consumers of the Member Before the provisions on labelling pursuant to States where a food is marketed. Labelling in the marketing standards can be applied, it must more than one language is possible. be checked whether Chapter IV.B of the general marketing standard a) The produce is covered by one of the stipulates equivalent labelling provisions with marketing standards. This question is respect to the indication of the country of answered in annex I part IX of the GMO. origin: “For products originating in a Member Only the products listed in this table are State this shall be in the language of the country covered by the sector (fresh) fruit and of origin or any other language understandable vegetables. by the consumers of the country of destination. As these products are defined by the For other products, this shall be in any language customs codes, it is recommended to understandable by the consumers of the take into account the electronic customs country of destination.“ code (http://auskunft.ezt-online.de) as well as the Explanatory Notes to the Following the judgement in the “Peeters“ case Combined Nomenclature of the European (COM(93) 532 final OJ C 345 of 23.12.1983), Commission (OJ EU No 76 of 4.3.2015) for foreign language terms may be accepted when clarification. Any produce not covered they are easy to understand, familiar (e.g. by this table is not covered by any EU “made in …“) or untranslatable or if there is marketing standard and the FIR applies for no corresponding term in the language of the these products. country of destination. b) The produce is covered by the above Foreign language terms are acceptable if – due mentioned table IX but it is part of the to similar spelling – they are easy to understand exemptions pursuant to article 4 of Reg. (e.g. praline / praliné). Furthermore, foreign (EU) No 543/2011 because of its destination language terms may be accepted at wholesale or presentation; in these cases the and import stage as at these stages experts are provisions of FIR apply and additionally the capable in reading the indications or they may labelling provisions for feed and industrial ask their suppliers. processing. In this context, it is allowed to exclusively label the packages in the language of the destination The exemptions are as follows: country in case of exports. Additionally, the ––products from the field to packaging; mandatory indications must be given in the ––products transferred by the producer on language of the dispatching country on a note his holding to consumers for their on two sides of the pallet. personal use; ––products intended for industrial Provisions of the regulation on organic processing; production ––products intended for animal feed (note. Pursuant to the regulation on organic The regulation on food and feed applies!) production, the following indications are ––products having undergone trimming or mandatory for fresh fruit and vegetables: cutting making them “ready to eat“ or “kitchen ready“ (e.g. shelled beans, peas • Pre-packages and all other packages: etc.)

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––tubers containing starch (including for grapefruit, pomelo and limes. potatoes) f) Desert bananas have a specific situation. ––edible sprouts Although part of the GMO, they are part ––nuts in shell (with the exemption for of the sector on bananas and not of the hazelnuts, almonds and walnuts) sector fruit and vegetables. The bananas of ––shelled nuts the variety groups Cavendish, Gros Michel and hybrids are covered by the marketing ––sunflower seeds standard for green, unripe bananas and thus ––peanuts are covered by the respective provisions ––dried produce on labelling – until they are entering the ––non-cultivated mushrooms ripening station. ––saffron, turmeric, ginger, bay leaves Exemptions from the marketing standards – ––capers, olives, baby-corn industrial processing ––chilli peppers ––sugar cane Pursuant to article 4 (1 a-i) of Reg. (EU) No 543/2011 produce intended for industrial ––valerian, mugwort, borage, curry plant, processing and clearly labelled with the term mallow, verbena, lavender, rue, woodruff, “intended for processing“ or an equivalent hyssop denomination are exempted from the By the way, the BLE publishes a list of produce marketing standards. not covered by any EU marketing standard on Exemptions from the marketing standards – their website. animal feed c) Provided the produce is covered by the sector fruit and vegetables, it must be clarified Pursuant to article 4 (1 a-ii) of Reg. (EU) No whether it is covered by one of the 543/2011 produce intended for animal feed specific marketing standards (sms). and clearly labelled with “for animal feed“ or an These are stipulated in article 3 (2) of equivalent denomination are exempted from Reg. (EU) No 543/2011 as follows: apples, the marketing standards. However, pursuant pears, strawberries, sweet peppers, kiwi- to annex II chapter IX of the regulation on fruit, peaches/nectarines, lettuces, table the hygiene of foodstuffs (EC) No 852/2004 grapes, tomatoes and citrus fruit. It is “provisions for food“, No 8 “hazardous and/or recommended to check the botanical inedible substances, including animal feed, are classification in the definition of produce to be adequately labelled and stored in separate of the respective standard. Thus, oranges, and secure containers“. the mandarin-group and lemons only are In addition, the regulation on animal feed covered by the EU marketing standard for applies. citrus fruit. Exemptions from the marketing standards – d) In case the produce is part of the sector fruit trimmed ready to eat and vegetables and is neither covered by the exemptions nor by any of the specific Pursuant to article 4 (1 d) of Reg. (EU) No marketing standards, the general marketing 543/2011 produce having undergone a standard (gms) applies. trimming or cutting making them “ready to e) Pursuant to article 3 (1) of Reg. (EU) No eat“ or “kitchen ready“ are exempted from the 543/2011 traders may on a voluntary basis marketing standards. The main reason for this replace the gms by the respective product exemption is the fact that these produce do specific UNECE standard which comprises (no longer) meet the minimum requirement provisions on classification, sizing and more “intact“ – being part of the sms and gms. elaborate labelling provisions (http://www. Consequently, all produce having – after the unece.org/trade/agr/standard). cut at harvest – undergone peeling, cutting or However, as the EU specific marketing trimming are covered by this exemption. standards are obligatory, the UNECE standard for citrus fruit may only be applied Note: The fact that a produce has been washed and cleaned may be labelled with “kitchen

© BLE 40 Labelling of Fresh Fruit and Vegetables ready“ but this preparation does not justify the packages is conceived so as to constitute a sales application of the above mentioned exemption. unit to the final user or consumer at the point The produce are still “intact“ and must meet the of purchase.“ provisions of gms or sms. A special type of sales package is the pre- Exemptions from the marketing standards – package (item1.3 of annex V): “pre-packages are domestic processing sales packages such as the packaging enclosing the foodstuff completely or only partially, In Germany, § 2 (exemptions) of the national but in such a way that the contents cannot regulation on EU marketing standards for be altered without opening or changing the fruit and vegetables allows: “having regard to packaging“. the article 4 paragraph 3 of the Commission implementing Reg. (EU) No 543/2011 of 7 The definition continues (items 1.3 and 2.5 June 2011 laying down detailed rules for the of annex V): “Protective films covering single application of Council Regulation (EC) No produce are not considered as a pre-package“. 1234/2007 in respect of the fruit and vegetables An individual produce is e.g. one cucumber, one and processed fruit and vegetables sectors head of lettuce or one bunch of celery. In case (OJ L 157 of 15.6.2011, p. 1), apples and pears of broccoli, a head covered with plastic film is may be exempted from the specific marketing not considered a pre-package, while a bunch of standards provided the conditions stipulated broccoli branches covered with a plastic film is in the regulation mentioned above and the a pre-package. general marketing standard are respected.“ Thus, the labelling of single produce covered As the member states – by way of derogation with a plastic film is not mandatory. It is even – may grant this exemption for their territory, not recommended to print on the film or on a the exemption holds for the respective member label attached to that film any of the indications state. The EU Commission did – at the occasion required by the marketing standards – any of a meeting in Brussels on 18 July 2017 – correction of a wrong or false indication or the confirm that these national exemptions do downgrading from Class I to Class II will be apply in the respective member state only. difficult and complex. ““ Thus, marketing in any other member state is not allowed. Place of labelling

Definition of package Pursuant to article 5 (1) of Reg. (EU) No 543/2011 as well as chapter VI of the sms and The labelling provisions apply for the package. UNECE standards, “the information particulars The definitions applicable to this section are must be shown legibly and obviously on one stipulated in annex V of Reg. (EU) No 543/2011. side of the packaging, either indelibly printed According to that, a package (item 1.1) is the directly onto the package or on a label which is “individually packaged part of a lot, including an integral part of the package or affixed to it.“ contents. The packaging is conceived so as to facilitate handling and transport of a number of Printing the information particulars on the sales packages or of products loose or arranged, bottom of a package or just partly legible in order to prevent damage by physical imprint of the indications does not meet this handling and transport. The package may requirement. constitute a sales package. Road, rail, ship and air containers are not considered as packages.“ By the way, when deciding on the place of a Thus packages are big bags (> 2.000 kg), box label or a bar code, the industry commits itself pallets, big bins, 25-kg bags, carton boxes, to place the labels always at the same place on wooden boxes, returnable plastic folding boxes. the package in order to optimize the process of machine readability. When deciding on While packages are rarely destined for the the place of readable information (for human final consumer, sales packages indeed have beings) the industry is less stringent, as if it this destination. A sales package (item 1.2 of would be less important that human beings annex V) is the “individually packaged part of a (clients, consumers, inspectors) find and read lot, including contents. The packaging of sales easily information on one side of the package;

© BLE Labelling of Fresh Fruit and Vegetables 41 readable information revealing the coded the package. Irrespective the labelling by laser information. There is still room for further treatment, the labelling of the package must be improvements. in accordance with the respective regulations.

One exemption for labelling of packages In labelling by means of CO2 laser, the upper is stipulated in the marketing standards. cell layer is depigmented; the skin is not According to this, “packages need not to bear damaged and the minimum requirement the particulars […] when they contain sales “intact“ is respected. The depigmentation due packages, clearly visible from the outside, and to laser (with or without contrast enhancer) is all bearing these particulars. These packages not assessed as defect in colouring. shall be free from any indications such as could mislead. When these packages are palletised, Address of packer or dispatcher the particulars shall be given on a notice placed in an obvious position on at least two sides of Pursuant to the marketing standards, on each the pallet“. package the following must be indicated: “name and address of the packer and/or dispatcher; On an optional basis, single produce may be this mention may be replaced by the officially labelled with stickers. However, pursuant to issued or accepted code mark representing the chapter V.B of sms and UNECE standards, the packer and/or the dispatcher, indicated in close stickers “shall be such that, when removed, connection with the reference ‘Packer and/or they neither leave visible traces of glue, nor Dispatcher’ (or equivalent abbreviations)“. lead to skin defects.“ Even for these stickers applies: Any indication is possible. However, For pre-packages, this provision supersedes the particulars must be correct and must not the provisions of FIR. Thus, any pre-package be in contradiction to the indications given on labelled correctly pursuant to the respective the package. In the example given below, the marketing standard is correctly labelled at variety Orri, a mandarin hybrid, is said to be retail stage. There is no need to add the address a “clementine“. This indication is wrong and indication pursuant to FIR if only the official must be corrected, which means all the stickers code for the packer is indicated (e.g. packer: affixed optionally have to be removed. KCB 1111111).

Any single produce may be labelled by laser In none of the international, EU or national treatment. Pursuant to annex II part E of regulations any provisions on the issuance Reg. (EU) No 1333/2008 amended by Reg. (EU) or recognition of those codes is stipulated. No 510/2013, the use of a contrast enhancer Moreover, it is not known which countries (iron oxides and hydroxides – E 172) is allowed or authorities issue or recognize those codes. for citrus fruit, melons, pomegranates, i.e. fruit Consequently, it is very difficult to check those with inedible skins. Other produce may be codes – especially in cross-border trade. That is labelled by laser treatment, however without why the UNECE decided to establish a database application of a contrast enhancer. for countries issuing or recognizing those codes for dispatchers. They even may indicate the There is no regulation stipulating the labelling structure of their codes (e.g. two letters followed of single produce. Thus, the labelling of single by seven figures) and eventually offer a link to produce by laser treatment is optional and may publicly accessible lists of codes. be designed / defined by the trader. Pursuant to Reg. (EU) No 510/2013 all or some of the Pursuant to the marketing standards and for mandatory information particulars required by pre-packages only, the indication of name and the Union legislation and/or national law may address of the packer and/or dispatcher may be be repeated by laser treatment on the products. replaced by the name and the address of a seller However, it is not recommended to indicate established within the Union indicated in close particulars stipulated by marketing standards connection with the mention ‘Packed for:’ or an by laser treatment as wrong indications cannot equivalent mention. In this case, the labelling be corrected and the produce would no longer shall also include a code representing the be marketable on the fresh market. Anyway, the packer and/or the dispatcher. The seller shall lasered particulars must be correct and must give all information deemed necessary by the not be in contradiction with the indications on inspection body as to the meaning of this code“.

© BLE 42 Labelling of Fresh Fruit and Vegetables

Nature of produce Even if not explicitly mentioned in the regulation, pure mixtures of fruit may be Based on the marketing standards, the labelled as “mixture of … fruit“, pure mixtures indication of the nature or name of the produce of vegetables as “mixture of … vegetables“, pure on the package is mandatory if not visible from mixtures of fresh herbs as “mixture of … herbs“ the outside (exemption: “cherry” tomatoes and or pure mixtures of lettuces as “mixture of … trusses of “cherry” tomatoes). This is equally lettuces“. valid for open boxes as for pre-packages presenting their content without opening. This type of indicating the country of origin This provision of the marketing standards is not allowed for mixtures of varieties or supersedes the FIR requesting the labelling of commercial types of a single species wherever the produce on pre-packages whether visible this is allowed in accordance with the from the outside or not. By the way, with respective marketing standard. In these cases, respect to the explanatory notes of OECD it is the country of origin of the respective variety or allowed to replace the name of the produce by a commercial type has to be indicated. photo or drawing. In case of organic products, the place of Country of origin production must be indicated in the same place of view as the EU logo namely as EU agriculture, The EU marketing standards as well as the non-EU agriculture or EU/non-EU agriculture. UNECE standards stipulate the labelling of the As an alternative, the country of origin may be country of origin on each package. Pursuant indicated provided all agricultural ingredients to article 60 of Reg. (EU) No 952/2013 laying have been produced in the same country of down the Union Customs Code, the country of origin which is true for fruit and vegetables origin is the country where the goods have been covered by the marketing standards. In case of wholly obtained. It is not allowed to abbreviate products covered by marketing standards the the name of country of origin on the package. indication of the country of origin pursuant to The full or commonly used name shall be these marketing standards would satisfy the indicated. The commonly used name is e.g. the labelling provisions. However, traders indicate – Netherlands or Holland for the Kingdom of the as a precaution – the origin in accordance with Netherlands. A commonly used name is USA marketing standards as well as with the organic for the United States of America. In this context regulation. “USA“ is the only acronym allowed when indicating the country of origin. Optionally, Only in case of products covered neither by district of origin in national, regional or local the marketing standards nor by the organic terms (e.g. “asparagus from Baden“) may also be regulation, the provision on labelling the shown. country of origin pursuant to FIR must be applied. Pursuant to article 26 of FIR, the On sales packages of a net weight of 5 kg or less country of origin must only be indicated containing mixes of different species of fruit where failure of indication might mislead the and vegetables the country of origin must be consumer as to the true country of origin or indicated. As the different species may originate place of provenance of the food. Deception in different countries, the package may contain is possible if the name of the trader or an products originating in different countries. advertising print gives the impression that the Article 7 of Reg. (EU) No 543/2011 provides as packed / offered produce would originate in simplification for the indication of the country a specific country. Thus, the real country of of origin: If the fruit and vegetables in a mix origin must be indicated if deviating from the originate in more than one Member State or suggested country of origin. third country, the full names of the countries of origin may be replaced with one of the Indication of the Class following, as appropriate: The quality class must be indicated pursuant • “mix of EU fruit and vegetables“, to the specific marketing standards and the • “mix of non- EU fruit and vegetables“, UNECE standards (exemption: UNECE standard • “mix of EU and non-EU fruit and for ware and early potatoes FFV-52). The term vegetables“. “class“ may be abbreviated.

© BLE Labelling of Fresh Fruit and Vegetables 43

In Germany, the abbreviation “HKl.“ traces in the sense of § 1 into circulation under a back to the term “handelsklassen“ [commercial denomination which creates the impression quality class]. While these standards have been of a legal commercial category, even though withdrawn in 2011 this term should no longer such a legal commercial category has not been be used. introduced”. The term “Extra“ cannot be abbreviated and A legal marketing standard is applicable for the indication of I and II is in Roman numerals. all produce covered by the specific marketing With respect to the OECD guidelines on standards and pursuant to article 3 (1) of Reg. labelling (web address see last page) it is allowed (EU) No 543/2011 the trader may optionally to indicate the classes I and II on the same apply the UNECE standards in case of produce label, provided it is unambiguous which class covered by the general marketing standard. is valid. In the example shown, it is possible to Thus, we have a legal basis for the indication downgrade the produce by simply tearing off of quality classes in these cases. For all the upper right corner/edge of the label. other products, the indication of a quality class can be misleading. In order to prevent In case of mixtures of varieties or commercial misunderstandings, the trader must types, the different parts of the mixture must additionally indicate which private standard is be uniform in quality pursuant to section V. applied when indicating a class. A. of the specific marketing standards and the UNECE standards – this means all parts must However, the act on marketing standards is a meet the same quality class. national act that – pursuant to articles 34-36 of The same holds for mixtures of species of fruit the Treaty on the Functioning of the European and/or vegetables pursuant to article 7 of Reg. Union – cannot be applied on deliveries from (EU) No 543/2011 for those partners being other member states. In case of deliveries, it covered by a specific marketing standard or a can be assumed that in the respective member UNECE standard. If such a mixture contains states it is legal to indicate any class and thus, produce covered by the general marketing this indication cannot be rejected in Germany. standard these products must provide a visual uniform quality. For products not being part Indication of the variety of the sector fruit and vegetables (e.g. bananas), this quality provision does not apply. However, The indication of the variety is obligatory traders/packers will always endeavour to pursuant to certain specific marketing provide a uniform quality for all partners of the standards or UNECE standards – in all classes mixtures. or in Class Extra and/or Class I. The variety may be replaced by a synonym. The name of a Ripe bananas are not covered by any marketing mutant or a trade name can only be indicated standard. Thus, the ripe bananas in the mixture in addition to the variety. A trade name can shown cannot be classified. However, until be a trademark for which protection has the bananas enter the ripening chamber they been requested or granted or any commercial had to meet Reg. (EU) No 1333/2011 and the designation. packages had to be labelled with a quality class. Thus, if presented in the original package, it Indication of the size must be accepted that the packages of ripe bananas are labelled with a quality class. If the Pursuant to the specific marketing standards ripe bananas are re-packed, the indication of and UNECE standards, the indication of the a quality class is not allowed in Germany. It is size is obligatory for certain species of fruit and allowed if on the label it is clearly shown, that a vegetables – in all Classes or in Class Extra and/ private standard is applied. or Class I only. It is allowed to print on the package or label In Germany, the national act on marketing a list of applicable size ranges and to mark standards stipulates the competence for the applicable size when packing. Pursuant import and re-export inspection as well as to article 6 of Reg. (EU) No 543/2011, the net the administrative offences. Pursuant to § 7 of weight must be indicated in addition to the size this act “it is an administrative offense to hold, on pre-packages. offer for sale or display for sale, deliver, sell or, The net weight may be replaced by the number by any other form of marketing, put a product of items provided the produce is sold by

© BLE 44 Labelling of Fresh Fruit and Vegetables number. The number must be indicated if the conspicuous. If packages labelled accordingly items cannot be clearly seen and easily counted. are presented to consumers in such a way that they can read this information this provision is Indication of post-harvest treatment met.

The specific marketing standard for citrus fruit If this is not the case, the retailer displays (oranges, lemons, mandarin group) stipulates prominently, adjacent to and legibly the the indication of the preserving agents information particulars relating to country of obligatory. Thus, the indication of glazing origin and, where appropriate, class and variety agents such as waxes and of fungicides applied or commercial type in such a way as not to after harvest is stipulated. The indication of mislead the consumer. post-harvest treatments for citrus fruit is an adequate information in favour of consumer Indications on accompanying documents protection pursuant to the ECJ judgment in case C-26/15P of 3.3.2016. Pursuant to article 5 (4) of Reg. (EU) No 543/2011, the name and the country of origin of For all other products the indication of a the products and, where appropriate, the class, post-harvest treatment with waxes as glazing the variety or commercial type if required in a agents is obligatory on pre-packages pursuant specific marketing standard, or the fact that it to article 9 (1b) (Category pursuant to Annex is intended for processing has to be indicated VII Part C = Glazing agent) of FIR. Pursuant to on invoices and accompanying documents. annex II part E of Reg. (EU) No 1333/2008 it is This provision does not apply to receipts for stipulated which fruit species may be treated the consumers. When presented in accordance with glazing agents. with UNECE standards, this provision is applied accordingly, i.e. the class and if required the Pursuant § 3b (3) of the German act on variety / commercial type has to be indicated. maximum residue levels the post-harvest treatment of citrus fruit with thiabendazole Indications in case of distance contracts must be indicated with "preserved with Thiabendazole". A post-harvest treatment of In the internet, the offer must be exact and ware potatoes with chlorpropham, imazalil and equivalent to information provided at retail thiabendazole has to be indicated with “treated stage. The websites must be kept updated after harvest“. This indication has to be on the accordingly. Deliveries in case of distance package or when presented to the consumer on contracts are not accompanied by a receipt as in the package, on the pre-package or on a notice retail shops but by an invoice / accompanying next to the product. document providing all information particulars stipulated by article 5 (4). This holds for so- When indicating the term “untreated“, called “Abo-Kisten” (subscription to a box consumers may assume that the produce scheme). has neither been treated before nor after harvest. If post-harvest treatments have been Indication of prices at retail refrained, the indication can be “untreated after harvest“. A respective decision has been taken At retail stage, the basic price per kg has to by the Arbeitskreis Lebensmittelchemischer be indicated for products being presented in Sachverständiger der Länder und des bulk in the package or the total price of the Bundesamtes für Verbraucherschutz und package and the basic price per kg for products Lebensmittelsicherheit (ALS) at their 109th presented in pre-packages. Pursuant to § 1 meeting in March 2017. paragraphs 1 and 6 of the national act on The decision is downloadable as official opinion price indication, the price may be indicated by No 2017/22: www.bvl.bund.de number if the produce is marketed by number in accordance with the generally prevailing Indications at retail public understanding which – by the way – is defined separately by each federal state. Pursuant to article 6 of Reg. (EU) No 543/2011, the information particulars required by the marketing standards shall be legible and

© BLE Labelling of Fresh Fruit and Vegetables 45

Duty of disclosure

Pursuant to article 11 (4) of Reg. (EU) No 543/2011, traders shall provide inspection bodies with all the information those bodies judge necessary for organising and carrying out conformity checks.

Pursuant to 2.4 of annex V of Reg. (EU) No 543/2011, the inspector decides which packages are to be checked. The presentation by the trader/operator includes the presentation of the bulk sample as well as the supply of all information necessary for the identification of the consignment or lot. Consequently, the owner of the produce must provide the respective information when the information particulars are incomplete or not plausible.

Information concerning marketing standards

The BLE provides information on marketing standards and inspection on their website www.ble.de/qualitaetskontrolle

A specific link leads to faqwww.ble.de/ qualitaetskontrolle-faqs-obst-gemuese

A specific link leads to ELSKA being the electronic image database providing illustrated interpretation of marketing standards www.elska.ble.de

A specific link https://legalinstruments.oecd. org/public/doc/210/210.en.pdf leads to the OECD guidelines on labelling.

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Onions – Quality production in (and for) Germany Peter Grauert, concepa, Edemissen (DE) Onions are globally grown in about 175 direct sowing in spring for harvest from August countries. Onions are – after tomatoes – the to September. The remaining is winter onions second most important . The world on about 400–500 ha in South-west Germany. production being about 46.7 million t (source: Another 400–500 ha are sets (partly for FAO 2011). The Top eight (China, India, USA, industrial processing). 5–10 % are red onions, Pakistan, Turkey, Russia, Egypt, Iran) of the 5–10 % Japanese early varieties and up to 60 % production countries produce 65 % of the world US types (South to South-west Germany). production; the average yield being 17 t/ha including strong variation in different Store onions cover 75 % of the market; the countries. marketing season being more than nine months until April / May out of appropriate store houses. The time slot in a year-round supply is to a very small part closed with domestic production of early onions produced from onion sets and hibernation onions. The imports – from the Southern hemisphere (New Zealand and Australia) and the Netherlands – of about 250,000 t are equivalent for 30 % of consumption. About 75,000 t are dispatched / exported to Northern Italy and neighbouring countries. The per-capita- consumption in Germany is about 7.3 kg; the processed produce not being included in this figure.

In Germany, the growing conditions vary in summer due to the geographical expansion from maritime to hot-continental and require an adaptation of the appropriate genetics (varieties) as well as production measures.

The onion farms follow a similar trend as in vegetable farms; in both cases the number of Worldwide, Onions cover the largest farms is unfortunately decreasing since 2004, production area in vegetables as they are while the production area remains stable. used in nearly all national kitchens and have a function of „organic glutamate“ in food. Today, about 1,600 farms are producing of However, not more than 8 % of the onions are which the majority is cooperatives or contract internationally traded. farming for marketers. Single operaters serve The biggest oversea exporters are the the whole chain from production to storage, Netherlands, Oceania and Chile. The largest grading/packing and marketing. importer is Bangladesh (480,000 t); in the The onion market is dominated by the four 1980ies a similar volume was imported by main suppliers in Central Germany. A manifold Germany. In 2012, Germany did import structure can mainly be found in Rhineland- not more than 228,000 t; the decrease in Palatinate and Lower Bavaria. The professional imports was due to a renaissance of the onion association „German Onions“, the chambers production starting in the Palatine region. of agriculture and the AMI provide competent service to support production. Onions are produced in nearly all German regions and cover actually about 11,000 ha, Only a small part of production is industrially which is about 10 % of the outdoor vegetables. processed in e.g. peeling companies for By far the largest part (95 %) is produced as convenience items or in rarely existing canning industry and frozen products industry.

© BLE 48 Onions – Quality production in (and for) Germany

Strohm K, Garming H, Dirksmeyer W (2016) Entwicklung des Gemüsebaus in Deutschland von 2000 bis 2015: Anbauregio- nen, Betriebsstrukturen, Gemüsearten und Handel. Braunschweig: Johann Heinrich von Thünen-Institut, 151 p, Thünen Working Paper 56, DOI:10.3220/WP1461137491000 The organic production in onions has clearly In Germany, only 15–20 % of the onion increased with an existing percentage of about production area can produce without 3–5 %. Contrary to e.g. carrots, the organic additional irrigation. production of onions is more expensive and the risk of production is higher. The last one being Another parameter on which onions precisely due to downy mildew being a larger problem in react is the photoperiod, i.e. the length of day this type of production. and night. In order to properly develop the outer skins, onions need a certain number of The onion per se is easily satisfied with respect hours of sunshine. The development of skins to their demand upon soil. starts very quickly, i.e. directly after the bulb It can grow on soil with nearly 0 % organic induction, the development of leaves progresses matter (South Africa) as well as in soil very to skin development. The inner skins being rich in nutrients (Canada). The onion is even later-on used in kitchen, are developed rather growing on rather bleak grounds such as late in the bulb development; the first leaves workable gravel (Albacete, Spain). become the dry outer skins. This process is called „lifting“. Best is the development of 2–3 In irrigation, this is different; irrigation being outer skins in order to have at least one clean one of the most important parameters for a outer skin left after preparation. good harvest. In the Netherlands, this year the production area – for example – increased by The plant is producing the onion bulb in order 10 % while the yield remained the same as in to shoot in the next year and to start generative the previous year. However, in Poland in the reproduction in that year. For this process, the same year with the same area of production onions proceed to a 12–14 week dormancy 20,000 t more have been harvested. Poland which is influenced by hormones. This must be did experience in the previous year a higher maintained during storage in order to achieve a precipitation which positively influenced the perfect produce. onion yield.

© BLE Onions – Quality production in (and for) Germany 49

The repeal of the authorization for maleic high internal humidity may lead to mould hydrazide (MH) as sprout inhibitor has (Penicillium spp., Aspergillus niger). consequences for the German production: a clearly increased dependence on the weather In the storage a good ventilation and dryness conditions, a shortening of the storage time and is indispensable. This can be guaranteed the loss of the overseas markets. through storage in bins or by underfloor A higher volume must be marketed in shorter ventilation. The humidity in the air must be time. The German market is dependent on controlled to prevent secondary root growth. import produce being treated with MH. Special problems in the storage are infestation The profitability of German onion production with Botrytis aclada (especially in organic is decreasing. Contrary to other EU countries, production) and Fusarium (especially on newly ethylene cannot be used as an alternative. For developed / virgin soils). overseas markets any alternative is missing. New possibilities of sorting technics attack All that remains is the storage under ultra-low here specifically: There is an onion grading oxygen (ULO) associated with high energy machine screening by means of camera and and installation costs. The ULO storage is laser technics the internal part of the onions carried out in completely sealed storage rooms and thus detect infestation with bacteria or which can only be opened once when the fusarium. produce shall be taken out. Their control and surveillance are very complex. After storage retrieval, the onions will start shooting within 2 to 3 weeks which makes them inappropriate for overseas transports.

The onion quality is defined by several parameters: characteristics of the skin, presence of shoots, eventually diseases, damages, colour, physiological defects and sunburn. On all levels of onion production certain preventions must be taken in order to prevent possible defects.

A reduction of nitrogen being supplied to the fields has resulted – in Germany – in a reduction of bacterial diseases. Hollow and tough stems may also be provoked by too much nitrogen in the soil. Other parameters could be a late sowing or growth disorders during early stages of development.

Other defects may occur during drying. Sunburn is a result of too high direct light onto the bulbs during drying resulting in collapsing onions. In California, the bulbs are covered with white minerals decreasing the temperatures by 5 °C in order to prevent sunburn. The application of this agent in a green field is a repellent against thrips attacks.

Glassiness (as water skin) is due to water stowage in the bulb. This may have different causes: late drying, frost or mechanical impact or a bit of everything. Leathery skin is a precursor of this problem. Glassiness may disappear if the onion is allowed to “rest” for some time. Especially in storage, this

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UNECE Standard for Onions Christiane Poser, Federal Office for Agriculture and Food, Bonn (DE) Onions are versatile vegetables used in practically any household. Primarily, it is a produce of the low price market segment. Thus, quality control is even more important.

Within the European Union, onions have to be traded pursuant to the general marketing standard. However, trade is usually based on the UNECE standard for onions (FFV-25). This standard is presented in its version of 2010. Comparing the general marketing standard with the UNECE standard reveals, that the general standard is met if at least the minimum Spring and bunching requirements and tolerances for Class II are onions met.

The OECD explanatory brochure on onions of the year 2012 is taken into account, when explaining the UNECE standard. Below the most characteristic defects and requirements of the UNECE standard are presented.

The UNECE standard for onions covers the onion varieties grown from cepa L. Cepa-Group. It comprises the commercial types white, red and yellow.

Shallots

Neck rot in its early stages is difficult to detect from the outside. The onion may be slightly soft in the neck area. This degree of defect becomes visible only after peeling the outer skin(s). In a more advanced stage of development, neck rot becomes externally visible as the neck are indented and soft.

The standard does neither cover the spring onions grown from Allium cepa L. Cepa-Group nor the bunching onions (), nor the (Allium cepa L. Aggregatum- Group, see UNECE standard FFV-56).

© BLE 52 UNECE Standard for Onions

The minimum requirement „sound“ does also comprise physiological defects such as growth disturbances where single internal leaves (fleshy rings) die off. This defect cannot be (re-)graded by external characteristics. As the edibility is affected, only the tolerances for decay can be applied. This type of “not sound” onions are excluded. As the edibility is affected, they are allowed within the tolerances for decay only.

The infection caused by neck rot and other rots mainly takes place in the field. Most rots cannot be seen from the outside, but the bulbs are a little soft to touch. This means, onions must be cut to check for internal rots. Onions with internal defects cannot be (re-) graded by external characteristics. Irrespective the degree of rotting, the affected onions are allowed within the tolerances for decay only.

Mould between the outer skins is a defect being already initiated in the field. Whether the fungal spores develop or not is depending on Another disorder is the watercore. the climatic conditions at and after harvest as This defect develops in autumn shortly before well as on storage and transport conditions. harvest – when the leaves are rolled in order On the onions on the photo below, the mould to stop it growing and to allow the onions to shinesthrough the outer skins. mature. If in this situation the roots continue to take up lots of water this humidity will be In general, lots containing mouldy onions stored in the bulbs as the leaves are no longer are clammy and the onions do not rustle. At functioning for transpiration. This storage of inspection, the outer skins must be peeled off. water leads to watercore developing from the outer part and progressing to the inner part. After harvest, the bulb may only transpire at temperatures of 7-12 °C.

© BLE UNECE Standard for Onions 53

Serious watercore, affecting more than Thus, damaged onions are acceptable within two outer fleshy rings and discoloured, is the tolerances for decay only. not acceptable as the edibility is affected. Lighter stages of watercore can be accepted – depending on the intensity – in the respective class, i.e. I or II.

Externally visible shoots can be a problem in onions – especially at the end of the storing The assessment of pests such as thrips is period. depending on the degree of infestation. In Class I, an externally visible shoot is not Onions showing single thrips on or between the allowed, while internal shoot development does outer dry skins are regarded as „practically free not constitute a defect. from pests“ and thus are allowed in all classes. Onions with colonies of pests between the outer dry skins are allowed within the 10 % tolerance of Class II. Onions with thrips on the first fleshy ring are – irrespective the degree – allowed within the tolerances for decay only.

Onions damaged by thrips, i.e. showing silvery suction points on the edible part are not „free from damage caused by thrips affecting the flesh“.

© BLE 54 UNECE Standard for Onions

10 % tolerance of Class II

In the tolerances of Class II, an additional tolerance of 10 % is allowed for onions showing early evidence of externally visible shoot growth. These shoots should not exceed the bulb by more than 1 cm.

Onions showing more developed shoot growth (longer than 1 cm) do no longer meet the minimum requirement: „The development + 10 % tolerance of Class II (max. 1 cm) and condition of the onions must be such as to enable them to arrive in satisfactory condition at the place of destination”.

However, they are allowed within the 10 % tolerance of Class II. Consequently, for onions with externally visible shoots a total tolerance of 20 % applies. Contrary to this, onions that have lost their firmness because of very long shoot growth and are soft, are only allowed within the 1 % or 2 % tolerances for decay in the respective classes.

2 % tolerance of Class II

© BLE UNECE Standard for Onions 55

In case of classification,defects in shape may play a role. While slight defects in shape are allowed within Class I, the shape defects allowed in Class II find their limits when double onions are covered by internal, firm skins. This is due to an abnormal vegetative development. This type of double onions is allowed within the 10 % tolerance for Class II only.

Class II - max. 1/2 of the surface. Cracks in the dry outer skins may develop during handling. In Class I, superficial cracks are allowed, provided the flesh is protected. This means that under the crack at least one dry outer skin must Dark stains develop on the outer skins when protect the flesh. it’s raining during the drying and curing process in the field. While in Class I, the light staining may cover not more than 1/5 of the surface, in Class II the stains may cover up to 1/2 of the surface.

Class I Class I - max. 1/5 of the surface

© BLE 56 UNECE Standard for Onions

In Class II cracks in the outer skin are allowed and up to 1/3 of the flesh may be unprotected, but the flesh must be intact.

Class II

Onions being completely without any dry outer skin are allowed within the 10 % tolerance of Class II only.

In Class II only, slight defects due to pests are allowed, i.e. suction points of thrips. However, the edible part must not be affected. Which means, that Class II - max. 1/3 without outer skin the defects must be restricted to the dry outer skins. The bulb on the Slight healed bruising is allowed in Class photo shows slight II only. These bruises should not affect the marking caused by conservation and should not affect more than pests not affecting one outer fleshy ring. the edible part.

© BLE UNECE Standard for Onions 57

In Class II, the slight defects caused by disease include physiological defects such as slight watercore. In this class, not more than two outer fleshy rings may completely be affected. The edible part must not be discoloured.

In Class II only, slight defects caused by disease such as mould between the dry outer skins are allowed.

Class II In Class I, where these “slight defects due to disease” are not mentioned, it is possible to allow very slight defects, i.e. a very slight, beginning watercore affecting the outer fleshy ring but not totally.

Class I

Pursuant to the UNECE standard in Classes I and II a uniform size is mandatorily required in all packages as well as in the means of transport when directly loaded on it. By the way, the general marketing standard does not establish any sizing provisions.

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Production and Harvest of Leeks Gregor Sanders, Chamber for Agriculture North Rhine-Westphalia, Straelen (DE) In Germany, leeks are produced on 2,621 ha When sprouting , the plant progresses (2017) whereby a concentration on few regions from the vegetative phase to the generative can be observered. The largest growing region phase and starts flowering. This phenomenon is North Rhine-Westphalia with more than is triggered by a cold stimulus having a varying 850 ha, followed by Rhineland-Palatinate effect depending on variety and year. To assure with 740 ha. The marketable yield per hectare good quality and delivery capability it is well- varies considerably between 15 t/ha and 60 t/ tried to cover the field with fleece, netting or ha depending on weather conditions and pest other material when frost is announced. infestation. The average yield is approximately 40 t/ha. The cultivation relieability of a leek variety comprises its resistance or tolerance for In general, leeks production is strongly biotic and abiotic stress factors. Leeks can be restricted to Europe. In South Europe, infested by insects, fungi and nematodes. The mainly plantlets are produced, which are selected leek variety should also be adapted subsequently planted in Northern Europe. to mechanical harvest and must be easy for The majority of leeks production and trimming without being damaged. consumption traditionally takes place in Northern Europe with France, Germany and In conventional production, fungi are less of the Benelux countries being the biggest – a problem as rust, white tip disease or purple equally in production and consumption. This blotch can relatively good be controlled by is also reflecting the consumers’ demand as fungicides. The biggest problems in leek they prefer mostly domestic produce. Leek production are the leek moth, leafminer and production is also a very Northern European espacially thrips. These pests can be controlled matter as short distances between producers by insecticides but this is difficult if an and clients are an advantage. infestation took place.

The aim of production is a year-round high- Thrips deposit value quality that can profitably be marketed their eggs in as Class I or Class II. In order to meet the young leek leaves, requirements of the marketing standard and being the food of the market, the producer has to consider for the hatched the characteristics of the leek varieties prior larvae. Feeding to sowing or planting. The most important punctures are factors are the potential marketable yield, a visible as white- good preparation efficiency and cultivation greyisch spots on reliability. Furthermore a long, white shaft with the leaves. blue/green tops is advantageous. In case of late varieties the resistance to frost and in early In organic production, the application of nets varieties the sprouting resistance is important. shall hamper that insects infest the leeks. Nowadays, leeks are intensively irrigated at certain times in order to drown the pupal stage which takes place in the ground in case of thrips or to drown the hatching thrips.

The control of fungi is sufficiently effective in organic leek production.

Furthermore, the site of production must be carefully selected. For better root penetration the soil should be deep, flat and an for an easy harvest also screenable. A loose, sandy and humic soil with a slight acidity of pH 5–6.5 meets those requirements and has

© BLE 60 Production and Harvest of Leeks the advantage that harvest is almost always For production of leeks, slight ridges are possible. earthed up with a ridge former, followed by a puncher preparing the hole and planting the Europe is one of the best production sites seedling. for leeks due to its temperate climate and has many well suited sandy growing regions. The vicinity to coasts provides another good location parameter as leeks need for a good vegetative growth regular rainfall and moderate temperatures. Ridge former

2 The optimum of density is 20–25 plants/m in Punching machine spring leeks and 16–18 plants/m2 in autumn and winter leeks. The planting period is from February to August using seedlings of 20 cm length. Seedlings from Spain, Northern Africa Because leeks require a long growing season or from glasshouse production are mainly used the direct sowing takes place from March to for spring planting, whereas plant for summer April. The advantages of direct sowing are lower planting are obtained within the production costs, high gross yield and tolerance to drought. area itself. However, the crop may be less even than in case of planting and takes longer to be ready In production of seedlings, it is important that for harvest. The biggest disadvantage though the beds are free of weeds. As the seedlings are are the much higher efforts necessary for weed very sensitive, their harvest must be very careful control. and is carried out with a special equipment pulling the seedlings cautiously out the ground. In conventional production, herbicides or In Germany, seedlings are mainly produced in a calcium cyanide may be applied, while in tray-system. organic production the more expensive mechanical or thermal (flaming) measures have to be applied. The advantages of planting are higher cultivation reliability and it delivers longer white shafts in a shorter production time. In addition, the shafts are more uniform which shortens the preparation (trimming) time. However, planting is with costs of about 0.04 Euto per seedling more expensive than the direct sowing method. Moreover, seedlings are sensitive to drought at the beginning of the season and therefore appropriate irrigation must be provided. In application of fertilizers

the proportions of N, P, K, Mg and S are

© BLE Production and Harvest of Leeks 61 important. Sulphur is especially important huge tanks and elaborate technology must be for the typical taste of leeks, which is mainly aquirred. caused by mustard oil. The harvest and processing operations are Leeks are harvested in the field by a clamping relatively simple as the leeks are very uniform, band harvester. A sowing coulter loosens the free from soil and must only be pulled out of leek plant and a system of counterrotating the containers. brushes, clamping bands and belts transport the leeks gentle up to the container. Leaves and roots are trimmed for processing and leeks are washed in a machine.

A modern alternative to planting in a field is the soil-less production also called hydroponic production.

Afterwards the leeks are transported via a conveyor belt system to be cleaned and sorted. Damaged leaves are trimmed and the unqualified leeks sorted out.

In this method, the seedlings are put in a tube on top of solution which contains all the nutrients necessary for the plant. In this type of cultivation it is possible to meticulously control the supply of nutrients and to minimize the losses through nutrient deficiency or drought. Herbicides are no longer necessary.

Thus, the hydroponic production is a good alternative for plants that are very sensitive to The marketable leeks are packed and are ready competition for weeds or supply shortfall. for sale.

Actually, the costs for such a hydroponic cultivation system are currently very high as

© BLE 62 Production and Harvest of Leeks

© BLE 63

UNECE Standard for Leeks Reinhild Fänger, Federal Office for Agriculture and Food, Bonn (DE) The most recent figures for German production Serious damage is assessed as „not intact“ and of leeks are of 2014. is allowed within the 10 % tolerance of Class II In that year leeks have been produced on only. 2,346 ha with a yield of 108,149 t at an average yield of 41 t. In the same year 33,222 t of leeks have been delivered from other countries to Germany; 30,056 t were delivered from other EU member states of which the main suppliers were the Netherlands and Belgium.

Within the EU, leeks are covered by the general marketing standard. However, trade is based on the UNECE standard for leeks (FFV-21). This standard is presented in its version of 2016. Comparing the general marketing standard with the UNECE standard reveals, that the general standard is met if at least the minimum requirements and tolerances for Class II are The mininum requirement „clean, practically met. free of any visible foreign matter; however, the roots may have remnants of soil adhering to The draft OECD explanatory brochure on them“ has just recently be completed by „and leeks is taken into account, when explaining traces of soiling within the sheathed part are the UNECE standard for leeks. Below the most allowed“. recent amendments to the UNECE standard are Thus, traces of soiling within the sheathed part presented. are allowed in all classes. Consequently, in Classes I and II the reference In „Definition of produce“ of the UNECE to „(slight) traces of soiling within the sheathed standard, the botanical name of leeks has been part” has been deleted. updated. Leeks are part of L. Leeks-Group. Even though the bunching onions superficially looked at may be mistaken as young leeks, they have hollow tubular leaves and belong to Allium fistulosum. Thus, they are not covered by the UNECE standard but exclusively by the general marketing standard.

Leeks that after washing and trimming are again quickly washed down with a hose, must be checked against the minimum requirement „intact“. If the trimmed ends of the leaves are caught by the water jet, the leaf ends may split.

© BLE 64 UNECE Standard for Leeks

In Class I, the requirements for colouring of the The list of defects allowed in Class II has been sheathed part have been simplified and now amended. New in this list is “slight superficial read: „The white to greenish white part of the and dry damage”. leeks must represent at least one-third of the These slight damages may – contrary to Class total length of the sheathed part”. I – affect more than two leaves. Therefore, any reference to the total length of the leeks has been deleted. This simplification is reasonable as the hybrid varieties produced today as well as the actual production methods easily produce sheathed parts that are white or greenish white. The respective requirements in Class II and for early leeks have been completely deleted.

The defects in colouring – allowed in Class II – have been amended to read “slight brownish discoloration due to low temperatures”. These are allowed within Class II only if they are restricted to one outer leaf. If several outer leaves are affected, the 10 % tolerance for Class greenish white sheathed part of Class I II applies. The defects allowed in Class I have been adapted to today’s production.

Slight damages are still allowed, but on no more than two leaves only.

Determing the size has been simplified too. The minimum sizes for leeks and early leeks have been deleted. In addition, the measuring point for the diameter of the leek has been amended. As today’s hybrid varieties produce very straight and uniform leeks and have no swelling above the neck, the diameter of the leek is now measured in the middle of the sheathed part. New in Class I is the allowance for „slight bruising on the leaves“.

In the tolerances for Class I, the additional tolerance for early leeks with a tender flowering stem has been deleted.

© BLE UNECE Standard for Leeks 65

To conclude, the marking and labelling should Pre-packages must be labelled with these not be missed. The following indications are indications at retail stage at the latest. obligatory: In addition, the net weight or the number of • Packer and/or dispatcher/exporter units must be indicated on the label. The latter is possible provided the produce is normally • Common name of the produce if not visible sold by count. from the outside In Germany, leeks may not be sold by count • Country of origin – even though some supermarkets try to • Class influence the trade usage by selling leeks by count. • Number of bundles (for leeks packed in bundles and presented in a package).

Labelling „early leeks“ is no longer mandatory as all respective exemptions or provisions have been deleted.

The label on the photo below shows the voluntary indication of a size. If indicated, the size must be correct.

© BLE

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Spanish garlic production Oscar Requeña, Alliumprodiber, Quesa (ES) The traditional crops of garlic in Spain 30 years ago were the types Morado (about 70 %) and White (about 30 %).The Morado garlic was mainly planted in the centre and the South of Spain, while in the North and other regions only White garlic was planted. In the early 1990ies, the first imports of Chinese garlic into the EU initiated the production of early garlic – named Spring garlic – in Spain. Today, the Spring garlic accounts for almost half of the total acreage in Spain. Morado garlic mainly covers the other half of production. Spring purple type Types of garlic Unfortunately, this type has bad drying and The garlic types planted in Spain are mainly conservation characteristics – especially in Spring, White and Morado. Within these types comparison to Morado garlic. The cloves do there is a variation due to the region of origin of not develop as uniform as the Morado garlic, the seed. but more uniform than the White. Thus, the maturation of the cloves is not uniform Spring garlic originally is from China, but and some of the cloves can be weaker than today the seeds are produced in Spain. This others. The weak cloves can show different type has white (Spring White) or white and physiological disorders after cropping. purple (Spring purple or Spring violet) skins. The Spring type contains more water than other types, consequently the loss in weight after drying is larger than in other types. It is very important to respect the right storage temperature in order to stop germination.

White garlic seeds are supplied by Spain, France and the United States. This type is planted from October to November and cropped between June and July. The average yield of the White garlic is about 13 t/ha. The White garlic produces in the average large bulbs (45/70 mm) and contains less water than the Spring type, thus the loss in weight after drying is less. The Spring white type worst characteristic of the White garlic is the fact that the development of cloves can take Depending on the region, the Spring garlic is planted between September and October, and harvested in May or June. The average yield of the Spring garlic (without the stems cut in the fields) is about 16 t/ha. The advantages of this type are the precocity and the large sizes (50/75 mm), thus producing big yields and allowing the first exports in the Northern hemisphere. The harvest of the Spring garlic is between four and six weeks earlier than the Morado garlic, this means less irrigation and phytosanitary treatments. Some markets specifically ask for Spring purple garlic. White type

© BLE 2018 68 Spanish garlic production one month. Consequently, bulbs are not round Seed cloves treatment: in shape and have problems with physiological The cloves ready to be planted are treated with disorders. a fungicide to avoid the attack of Penicillium in the first plant stage. Frequent used fungicides Morado garlic seeds originates from Spain. are: Procloraz (until 2016), Carboxina plus This garlic is planted between November and Tiram (until 2016), Boscalida plus Piraclostrobin January and cropped in June and July. The and Iprodiona. average yield of the Morado garlic is only 10 t/ha. This garlic has smaller sizes (45/60 mm) Planting normally is done mechanically with than the types mentioned above. However, a distance between the rows of about 45 cm. in all the other characteristics it is the best Forty years ago, the density was 140.000 cloves/ one. This type contains less water and has ha. almost double conservation than the other Today, it is 250.000 to 300.000 cloves/ha because two types. The cloves grow at the same time of irrigation. The increase in density is followed resulting in a more regular round bulb. The by an increase in costs, especially for irrigation uniform maturation of the cloves avoids any and phytosanitary treatments. physiological disorders during drying and With the existing densities, bigger yields but conservation. The germination of the Morado smaller bulb sizes are achieved. The latter being garlic is very slow. not a problem as the major demand is for medium bulb sizes. Manual planting is less common because of the high costs. The advantage of manual planting is that the cloves are better distributed than by machine and that the cloves are correctly positioned (roots down). If the cloves are with the roots to the side the yield is reduced by 10 % and if they are to the top the reduction can be 45 %. The optimal planting time is when the internal germination is about 80 %. If planting is before that stage, the time for the seedling to break through the soil is too long and the risk of Penicillium infection is increased. If planting Morado type is after that stage, the clove is too degraded and nourishment for the first stages of the new From planting to drying plant is missing.

The planting starts in the South and ends in the The growing period is the most difficult one. North. Spanish growers produce very similar The garlic needs care and the last three months and – because of costs and lack of professional are most difficult to finish the plant as good as workers – they mainly produce mechanically. possible. Irrigation and fertilization intend to produce Cracking of bulbs: the best yield possible – very careful in order This process consists in breaking the bulbs not to damage the final quality of the bulbs. carefully, i.e. separating the cloves without any The application of irrigation and fertilization in damage. excess or at the wrong time can cause serious The cracking is done by a machine. physiopathies, e.g. waxy cloves, empty cloves, The first step is the breaking of the bulbs by soft bulbs, external cloves, multiple cloves. rubber rollers which separate the bulbs in different parts leaving a lot of cloves together. The control of diseases and pests is very These cloves are then separated by brushes that important as a bad control directly affects the turn at high velocity. Manually the bad ones yield. Moreover, it affects the quality as the loss are removed and it is checked that all cloves are of leaves damages the quality of the crop; each separate. Finally, the cloves are mechanically leaf being a skin wrapping the bulb. calibrated into four or five sizes.

© BLE Spanish garlic production 69

The harvest is done mechanically. The optimal These works are in the field at temperatures time to harvest is when the plants have about between 30 and 40 °C. Each season, it 5 or 6 green leaves that are about to yellowish becomes more difficult to find workers for indicating the maturation of the bulb. the field. • The type B requires people to cut the roots, If the plant is harvested before the optimal but this work is carried out in the point the bulb will have more skins wrapping it. warehouse – in the shadow and at lower But during the drying process, the bulb tends to temperatures than in the field. wrinkle as maturation was not completed and the bulbs contain too much water. In the worst In type A, the energy costs for drying are very case, a partial or total decomposition of one low as the garlic dries up to 85 % in the field or more cloves takes place – especially in the with the natural air and sun. Spring and White types. The type B needs energy for the ventilation with the fans at costs between 0.03 €/kg and If the plant is harvested after the optimal point 0.05 €/kg to dry at 85%. the maturation is better resulting in a stronger structure of the cloves and the content of The natural energy for drying used in the water is less. However, there will be less skins type A can sometimes be a problem as this wrapping the bulb, the skins may crack easily energy cannot be controlled by anyone. If or the bulbs will not have enough skins to be temperatures are very high the skins can break protected during drying, cleaning and packing. or the garlic dries too much resulting in loose skins that may fall off instead of protecting There are mainly two different types of the bulbs. The same problems occur when mechanical harvest, but both use machines that the garlic stays too long on the field where brake the soil under the bulbs, get the plants by rain can damage the bulbs, i.e. the garlic can the neck and pass them through vibrators to be stained. In type B, sun or rain will never eliminate soil from the roots. damage the garlic. The air from the turbines can Harvest machine type A: be regulated to the needs of the garlic. The first days the turbines work for 24 hours, after that After the vibration the plants are tied by the they can be stopped the central hours of the day neck to make bunches and these are left on the or turned on only a few hours to keep the garlic field. Workers will put bunches together and without moisture. cover the bulbs with the leaves to protect them from the sun. The plants dry on the field for 10 With respect to infrastructure investment, the to 15 days. After that time the stems and roots type A just needs a warehouse to stock the bins are cut manually. The bulbs are placed in bins of from the field. The type B needs to have enough 300 kg net weight. driers for the crop and the cost of the transport is bigger than for type A as the roots and soil in Harvest machine of type B: the roots is transported to the warehouse.

After vibration, the stems are cut and bulbs are Process in the warehouse placed in big bins of 500 kg net weight. The bins are transported to the warehouse where the There are different processes done to the bulbs are dried in cover dryers with forced air garlic in the warehouse which can be realized by big turbines. at different times: cleaning, grading and conservation. The cleaning needs a lot of These two types of harvest look similar but handwork so normally this process takes long there are big differences. time in the season. • The type A allows to harvest the plant a few days before the optimal point as the bulb The cleaning of the bulbs is removing the will keep the stem during 10 to 15 days and outer skins up to a full skin without any dirt, the bulb will still be fed by the stem. The soil, mould. This shows the importance of type B requires the optimal harvest point. harvesting the garlic with enough skins. The The type A requires extra people behind roots and stems are also cut if the bulb needs the machine to put the bunches together a perfect finish. This process is done by hand. and people to cut the roots and the stem. Garlic taken from the cold store for cleaning

© BLE 2018 70 Spanish garlic production must be heated a little in order to get rid of the of the bulb. The net bags from 400 g to 2,000 moisture and to easier remove the skins. g are done in ball nets. The quantity of special presentations such as braids or grapes is very The calibration is usually done by the small as they have to be prepared manually and maximum equatorial diameter which can be are very expensive. done before or after cleaning. The sizes applied in Spain are: up to 37 mm, Diseases and physiological disorders 37/45 mm (average weight 30 g), 45/50 mm (42 g), 50/55 mm (52 g), 55/60 mm (64 g), The garlic diseases (mainly fungi) infect the 60/70 mm (90 g), 70 mm plus. Sizing by weight plant before harvest. The most important and can only be done after cleaning – when skins frequent diseases are the following: and roots are removed. The specific grams per bulb depend on the varieties, grade of Penicillium is a fungus attacking the planted maturation and time in the season. This is why clove and affecting the plant in the first stage of sometimes the final client asks for a size and growing. Serious attacks can kill the plant and number of bulbs per box and it is not possible cause serious losses. to deliver this; either the size is bigger than requested or the number of bulbs. Fusarium oxysporum produces a red/purple discoloration on the bulb. It obstructs the Under ambient temperatures, the germs circulation of the sap in the bulb. Thus, the grow and the bulbs lose weight. For perfect bulbs will have smaller sizes. conservation, garlic must be stored at -4 °C as at this temperature the internal germs do not Botrytis porri dries and putrefies the leaves and grow. The ideal point in time to put the garlic in can even enter the bulb. cold store is Neck nematodes (Ditylenchus dipsaci) produce • when the bulb is 100 % dry (this is to avoid atrophy in the leaves, very often with brown that some cloves get frozen) and spots, and swelling in the neck of the plant. The • before the channel of the germination is dry bulb is light in weight. built in the cloves (the first stage of germination is building an internal tunnel where the germination will go up to the top of the clove).

Usually, the entrance in cold store is two months after harvest. If the entrance in the cold store is later the cost of conservation is less, but this is compensated by a loss of weight and an increased risk of attack by pests. Outside the cold store, the garlic should be stored at 18 °C. The worst temperature is at 8 °C. The germination will grow in both cases, but at 18 °C slower than at 8 °C. A frequent change of Rust (Puccinia porri) causes many small white temperature is favourable for germination. spots on the leaves and neck that finally transform to orange/brown pustules. The leaves The packaging of the garlic must be done can turn yellow and die. when the garlic is dry at least 85 %. At higher humidity, the garlic will produce mould in There are physiological disorders produced closed packages. during the growth of the plant. Usually, the packaging is loose in carton boxes The physiological disorders external or or nets at net weights of 2 kg, 4 kg, 5 kg, 10 kg, multiple cloves are provoked by an excessive 15 kg and 20 kg. development of the plant due to excess of The packaging in consumer packages such as nitrogen fertilizer and/or water at the time of small net bags ranges from 75 g to 300 g. In cloves’ differentiation. those net bags the bulbs lay in a row and the number of pieces per net depend on the size

© BLE Spanish garlic production 71

External cloves: Plastic cloves: The bulb presents an asymmetric shape because This physiological defect occurs when some of one or more cloves growing outside of or all cloves are not filled with any flesh. This the circumference formed by the rest of the is a problem specific to the Spring type. The cloves. These external cloves sometimes built defect is not easy to detect in a fresh harvested a false stem which facilitates water to enter bulb, as at that moment the skins of the bulb between the false stem and the contiguous leaf are sufficiently consistent to confuse with the provoking brown spots in the skin that wrap consistence of the clove. the bulb.

Mould stained: This is a black mould due to an excess of humidity post-harvest, when the skins of the bulb are almost dried but the surroundings have high humidity because of rain, lack of wind or low temperatures. Usually, the stains are on the outer skins only unless unfavourable conditions extend over long time that allows the humidity to extend on the internal skins.

Multiple cloves: Sunburn: This deformation of the bulb is due to the Fresh harvested bulbs with high water content formation of a false bulb where should be a that are directly exposed to the sun will get clove. Two or more cloves are produced inside sunburned. The colour of the stain is blue of a sheath. When further developed, a small greenish. If the damage is heavy the cloves can bulb contiguous to the main one is built. As in be cooked under the stained skin. the formation of an external clove, a false stem can be built.

Chocolate or café-au-lait: Water entering between the less compact leaves provokes an oxidation resulting in long brown spots in the skins of the bulb. This defect is more common in the Spring and White type than in Morado.

Waxy: An incomplete maturation of the clove at the moment of the senescence of the plant results in the decomposition of the clove´s flesh. The defect is more common in varieties where the cloves do not grow and maturate at the same time as in the Spring and White types.

© BLE 2018 72 Spanish garlic production

Mechanical damage: The manual work costs between 500 € and Small, superficial brown cicatrices on the cloves 1,000 €/ha provided the planting is done are due to a slight blow in the harvest. This mechanically. If planting is by hand the costs usually happens during the elimination of the increase by about 1,500 €/ha. soil from the roots. It the blow is strong, the cloves may be putrefied. The fertilizers and phytosanitary treatments add 800 to1,000 €/ha. These costs can vary a lot depending mainly on the weather conditions during the growing period, the (healthy) seed and the soil. The cost of machinery to plant and crop is about 550 €/ha.

The total cost of production is between 6,800 and 8,500 €/ha. The average yield is about 13 tons/ha of which 15 % must be deducted for loss during drying. The costs for transport to the warehouse (about 0.03 €/kg) must be added to the total costs of production. The cleaning of the bulbs costs 0.25 €/kg and in that process The broken skins are mainly related to a the bad bulbs are taken out (about 15 % of the late harvest when the skins have lost their quantity). turgescence. The problem can also be related to uncontrolled drying, i.e. high temperatures and The costs calculated above for an average crop low humidity. result in 1.05 € to 1.50 €/kg of garlic (all sizes) dry, clean and ready to pack. The final cost for the packed produce depend on the type of packaging.

Garlic is sold during almost 12 months so there are costs for conservation and some weight loss (5 % to 10 % depending on the type). The cost of conservation for all the season is about 0.06 €/ kg.

All photos are published in the OECD explana- tory brochure on the standard for garlic (edition 2017, www.oecd.org). Costs for growing, drying and cleaning

Land area: The garlic is a rotary cultivation. It is planted minimum every two years in the same field, the average cost for the rented field is 2,000 €/ha.

The seed is the most important part in garlic production. The prices for the seed vary by variety and plant density. Certified garlic seed is virus free so the plants are more vigorous. The cost for planting a normal density with certified garlic seed are between 3,000 € and 3,500 €/ha. However, most of the growers avoid the high cost for certified seed in taking a part of the crop as seed for the following season; some growers repeat even a third season before buying certified seed again.

© BLE 73

Garlic – Quality Production in China Cao Menghui, Xuzhou Liming Food Co. Ltd, Xuzhou (CN)

The company XUZHOU 3000000,000 LIMING FOOD CO. LTD. has 2500000,000 the chairmanship of the China Chamber of Commerce of Food 2000000,000 and Native Produce (CCCFNA 1500000,000 ) and made a revenue of 200 1000000,000 million US$ with dry garlic in 2016. 500000,000

0,000 2012 2013 2014 2015 2016 Definition of Produce Quantity(MTs) World 1395075,801 1606817,470 1732114,113 1734567,319 1510332,331 Quantity(MTs) EU 53126,417 46900,294 47865,413 58306,292 49099,345 Value(kUS$) World 1357610,040 1369037,297 1442660,505 1828380,345 2609625,726 After harvest, the outer and inner Amount(kUS$) EU 69912,120 58059,399 54754,929 81186,643 105893,765 skin of the garlic bulb dry within 10 to 15 days. In China, the garlic with dried skin is called “fresh garlic”, while in the other Cultivation countries (and the UNECE standard) it is called “dry garlic”. In fact, “dry garlic” in China and the To understand the spectacular proportion US is defined as “dehydrated garlic”. The newly of growing and export of garlic that China harvested garlic with very fresh and eatable accounts for, we have to focus on the skin is called “young garlic” in China and “fresh cultivation history and the climate of China. garlic” in other parts of the world including the UNECE standard. The cultivation history of garlic in China can be traced back to 1100 BC according to the The different name for the same type earliest literature inscription in Shi Jing. Garlic sometimes causes confusion or even serious is easy to grow in mild climates but is hardy problems. For example, the US Custom claims throughout USDA climate zones 4–9. In the an AD order tariff of 376.67 % on “fresh garlic” North and South of China it is either too cold or from China, but a low tariff of 35 % on “dry too hot to grow garlic. garlic”. In fact, and most important, garlic needs a particular low temperature for proper Statistics vernalisation. Vernalisation is essential for flowering, the development of bulbiels and the According to the statistics of FAO the world’s differentiation of cloves in the bulbil. Without harvest area and yield of garlic were 1,547,381 vernalisation only “solo garlic” could be ha and 24,939,965 MTs in 2014, while the produced. statistics of the Garlic Sub-chamber of CCCFNA report for the same type and year for China There are dozens of varieties of garlic in China, 791,407 ha and 20,058,388 MTs. It is most likely but the being well adapted to the that the FAO’s data of yield are based on “young specific climate zones are: in the North-east the garlic” which will lose 40 % of its weight to variety A Cheng, in the North-west the variety become “fresh garlic”, according to the Chinese Jimusaer, in the Middle, the Hybrid White and definition. China accounts for 51 % and 80 % of Hybrid Purple (in Spain called Spring White the world’s harvest area and yield. and Spring Purple), in the East the variety Jiading and in the Shandong Province the Export famous variety Cangshan. The three provinces, Shandong, Yunnan and In the past 5 years, the export of Chinese fresh Jiangsu contribute 50 % to China’s garlic garlic keeps relatively stable and is about 75 % production – as in these provinces the winter is of the world’s total export quantity, according cold and the rest of the year mild. In the South- to FAO. In 2016, due to the serious lack of west, in the provinces Sichuan and Yunnan, the harvest, the value was obviously higher than Sichuan Garlic and the Solo garlic are produced. that of previous years.

© BLE 74 Garlic – Quality Production in China

Map source: http://backyardgardener.com The Yunnan province is a very beautiful highland province. The climate is warm without any low temperature period, the soil is infertile, and the weak or small cloves of Cultivation of solo garlic Sichuan garlic are taken as seeds in very high Solo garlic is not a specific variety but – in fact – planting density. Thus, this province satisfies an essential nature of agenisis (defective) garlic all four conditions for Solo-garlic. Especially bulb, i. e. a none-floral-bud-differentiated bulb around Dali, Yuxi and Qujing the Solo-garlic is of garlic. There are four factors related to solo produced. garlic.

Hybrid White/Purple Jiading

Solo Garlic Cangshan

Jimusaer A Cheng

© BLE Garlic – Quality Production in China 75

30 In the past few years, a processed garlic called Dali,Yunnan Solo Garlic 25 “” became popular in China and even in the world. More and more solo garlic 20 is used to produce 15 black garlic as its 10 skin is easier to peel 5 after being cured 0 (fermented) in Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Daily Average Highest( ) 16 17 20 23 25 25 25 24 23 21 18 16 high humidity and ( ) Daily Average Lowest ℃ 3 4 7 10 13 16 17 16 14 12 7 3 high temperature ℃ 35 Pizhou, Jiangsu environment for Hybrid White/Purple Garlic 30 over 45 days. After a (Multi cloved) 25 20 series of complicated biochemical reactions, 15 polyphenols, polysaccharides and SOD (by 10 the way, ingredient of cosmetic products) are 5 0 produced. Thus, the black garlic tastes sweet -5 and aromatic. The content of SOD in black Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Daily Average Highest( ) 5 8 14 21 26 31 32 31 27 22 14 8 garlic is ten times more than in fresh garlic. ( ) Daily Average Lowest ℃ -3 -2 3 10 15 20 24 23 18 11 4 -2 ℃ Cultivation

In general, garlic is planted early October and harvested early June, growing through 5 stages: The germination stage is about 10 days, the seedling stage about 180 days, bulb The solo garlic does not show any differentiation of cloves. A solo garlic plant is about 60 cm high, while a normal garlic plant can grow up to 1 m.

According to the statistics of CCCFNA, in 2016, the harvest area in Yunnan province was 20,000 ha, half of which is solo garlic (10,000 ha). As the unit production of solo garlic is much lower than the multi-cloved garlic and is at about 6MTs/ha, the total production of solo garlic is about 60,000MTs. It is very hard to state the export quantity of solo garlic as it is declared to the customs authority as fresh garlic.

differentiation at the end of the seedling stage of about 15 days, the bolting stage of about 30 days (appearance of the scape and inflating of the bulb) followed by the inflating stage of about 60 days.

Generally, 1 ha farmland needs to be fertilized with 750 kg compound fertilizer and 30 MTs

© BLE 76 Garlic – Quality Production in China decomposed organic manure.

After the fertilizer and manure are incorporated with plough and harrow, ditching with a line spacing of 20 cm takes place. In seeding a row spacing of 15 cm is respected. Herbicides are applied after sewing. After application a film covers the field to keep the moister and to protect against grass and weeds. About 7–10 days after seeding, garlic germinates and emerges out of soil. At that time, the first irrigation is carried out; the second one follows early April. After the first irrigation tapping is necessary, in order to help young, soft seedlings to shoot out. In early May, the scapes are harvested in order to focus all the nutriments and energy to the bulb, i.e. to increase the final size of the bulb. As a secondary use, the scapes are eaten and sold / exported as so-called garlic-sticks.

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Finally, the bulbs are harvested.

Post harvest handling

After harvest, the plants and roots of garlic are cut and trimmed off. Farmers in China trim the roots when the bulb is fresh harvested as at that time the trimming of roots and root plate is easy.

Cutting of half of the thickness of the root plate eliminates all root tufts and is the fastest and easiest operation. After drying the trimmed root plate is slightly concave like a moon which gives the product a fancy appearance. After drying, the garlic is sized and graded and stuffed in bags separately. These bags are moved into a cold warehouse with the temperature at -2 to 0 °C. Storage time is 18 months and even longer. Finally, the garlic is loaded and shipped.

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Pests and Diseases

Garlic plants are usually hardy and not affected by many pests or diseases. In China, there is no record of fatal suffers to garlic from pests and diseases in the past 40 years. However, in some areas, garlic plants do suffer typically from Garlic Rust Disease and Onion Fly.

Garlic Rust Disease (Puccinia allii (DC.) Rudolphi) is a typical disease of garlic prevalent in the garlic growing areas in the North, Mid and East China, where about half of the country’s garlic production are yielded. A dismal spring climate and a relative humidity of 80-90 % favours the development of this disease.

The Fungal Spores initially infect the leaves and stems, and produce small oval spot of fading green. Then the spots develop as dark orange uredium, bursting out the brown uredospore. This disease can cause the leaves yellow withered and may cause the whole plant to wither and die.

To control the Garlic Rust Disease, four strategies are generally taken:

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• Avoid planting with other Allium species; To control the flies and maggots, growers need • Balance fertilizing to improve the disease to: resistance; • Use sufficient decomposed organic manure; • Apply a heavy layer of straw to keep the • Lure the flies; temperature in dismal spring; • Punch pesticides to kill the maggots while • Spray chemical fungicides. irrigating.

The maggots of onion fly Delia( antigua) can cause 20–90 % losses of garlic in temperate regions. These flies lay eggs in small batches on the soil surface near the base of seedlings. The eggs are white and elongated with characteristic surface ridging and hexagonal pattern. The maggots prefer soils heavy in organic matter where they can survive and move to seeds and young bulbs.

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UNECE Standard for Garlic Michael Wahl, Federal Office for Agriculture and Food, Bonn (DE) Within the European Union, garlic has to be traded pursuant to the general marketing standard. However, trade is usually based on the UNECE standard for garlic (FFV-18). This standard is presented in its version of 2016.

Comparing the general marketing standard with the UNECE standard reveals, that the general standard is met if at least the minimum requirements and tolerances for Class II are met.

The OECD explanatory brochure on garlic of the year 2017 is taken into account, when explaining the UNECE standard for garlic. Below the most recent amendments to the UNECE standard are presented.

The standard for garlic covers the types fresh, semi-dry and dry that refer to the degree of drying of the skins covering the cloves as well as the bulb. The minimum requirements of the UNECE In case of fresh garlic we have to take note that standard has been amended by adding the only fresh garlic with fully developed cloves is requirement „intact“. covered by the standard. Irrespective of damages to the outer skins or the tolerance for missing cloves in the context of the classes, the bulb and the cloves in general must be undamaged and covered by their outer skins.

Fresh garlic without cloves as well as garlic with full green leaves and so-called garlic sticks (the flowering stems) are covered by the general marketing standard only.

© BLE 82 UNECE Standard for Garlic

Within the list of defects allowed, now stains on the outer skins are taken into account. In the tolerances of Class I, additionally up to 25 % by number or weight of bulbs showing slight staining on the outer skin of the bulb are allowed, provided it does not cover more than a quarter of the bulb surface. In Class II, all bulbs may show staining on the outer skins of the bulb provided it does not cover more than half of the bulb surface.

not intact

Class II – Stains on the outer skins

Not new is the fact that in Class II up to three cloves may be missing in each bulb. This defect became a new text and reads now „no more than three cloves, or one fifth of the not intact total number of cloves in a bulb (whichever is lower) may be missing“. This amendment is to take into account large bulbs with only few but large cloves.

not intact

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Bulb with 7 cloves ( 1/5 = 1.4 cloves)

Bulb with 15 cloves (= 3 cloves)

Within the tolerances for Classes I (1 %) and II (5 %), garlic bulbs having cloves with externally visible sprouts are permitted. Pursuant to the OECD brochure, these sprouts may not be longer than 1 cm.

Bulb with 9 cloves ( 1/5 = 1.8 cloves)

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Bulbs with longer sprouts are only allowed To conclude, the marking and labelling should within the tolerances for decay as the edibility not be missed. The following indications are is affected by the bitter taste of the sprouts. obligatory: By the way, these sprouts are assessed even if • Packer and/or dispatcher/exporter covered by one outer skin of the bulb. • Common name of the produce if not visible In fresh garlic, occasionally shooting leaves from the outside occur. This must not be mixed with sprouting • Commercial type (“White garlic”, “Pink and is allowed within all classes. garlic”, etc.); • “Smoked”, where appropriate • Country of origin • Class • Size, expressed as minimum and maximum diameter of the bulb.

Pre-packages must be labelled with these indications at retail stage at the latest. In addition, the net weight or the number of units must be indicated on the label, provided the produce is normally sold by count. In Germany, garlic may be sold by count.

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National Traceability System in Kenya Debora Shituvi, Kenya Plant Health Inspectorate Service, Nairobi (KE) Kenya’s Horticulture sector is a key sector to production to distribution. The system was the country since it is a major foreign exchange launched in September 2016 and it is still on its earner competing with tea and tourism. It is pilot phase. It is a tool to support smallholder therefore very important that the horticultural farmers to comply with market requirements products being exported from our country to and it also improves the industry’s ability to various destinations conform to the National share information, monitor and manage food and International Standards. safety incidents more effectively, i.e. to trace back the source of a product. KEPHIS (Kenya Plant Health Inspectorate Service) as the country’s NPPO (National Plant This system has three components; a mobile Protection Organisation) has to ensure that app for registering farmers and capturing what is exported is compliant to International routine farm operations and agronomic Standards. KEPHIS works in collaboration with practices, a web reporting portal for sharing other stakeholders such as HCD (Horticultural information among stakeholders and a barcode Crops Directorate) under the Ministry of and Quick Reference (QR) code printing Agriculture, Livestock and Fisheries. KEPHIS module. does inspection and certification of the horticultural produce before export and is The farmer must record all farm activities involved in the whole supply chain from like planting, application of fertilizers production to export/distribution. and pesticides, and volume of harvest. All information from the mobile-app is transferred During the period 2013/2014, Kenya’s online into the national traceability portal Horticultural products especially vegetables where all stakeholders (exporters, KEPHIS, such as beans and peas in pods were intercepted HCD) are able to see what is coming in from the in the EU mainly due to pest incidences and farm. If a product is not compliant it is stopped exceedance in Maximum Residue levels (MRLS). and marked in the portal; it will not go to the The Kenya government had to come up with next step of the process. An exporter who opens strategies of stopping the non-conformances his password-protected access to the portal and interceptions and one of the ways was to can see all information related to his farmer’s identify the sources of the produce that we activities. The exporter may develop a QR code export amongst other measures. for the labelling through which the customer will be able to get information concerning Traceability is – pursuant to the Codex the farmer and exporter and – even more Alimentarius – the ability to follow the important – the produce. movement of a food through all stages from production through processing to distribution. The system is customized for Kenya’s small Thus, traceability is key to assuring food holder based export industry and can safety management in the food chain. It is a accommodate up to one million farmers. requirement in the food safety standards such Currently there are three exporters exporting as GAP and HACCP. beans and peas (but also 1,000 farmers, 102 collecting points and several pack houses) in Traceability in the horticulture sector in Kenya the pilot phase of the system. Other produce had been a challenge since there were too many and exporters will be integrated in due course. fragmented smallholder farmers affiliated to The system can identify the exact source of various exporters, some of the exporters lacked a shipment through its GPS coordinates and system and also the use of the manual system generate online production and handling to capture data was too tedious. reports required by the market.

With the support of USAID, a National The achievements of the new system are: one Horticulture Traceability System was developed or two collection centres in the farms, mobile in Kenya. The system was developed with a applications have been developed, 14 QR- view of providing a reference framework for scanners and printers have been given to the linking data relating to fresh produce from exporters, workshops and trainings as well

© BLE 86 National Traceability System in Kenya as local promotion of the system took place. Stakeholders trained their staff and the staff trained the farmers.

However, there have been challenges in establishing the system:

• The technology has been improved throughout the country, thus the use of Internet has been improved. Thus, the percentage of owners of mobile phones has increased in Kenya from 2005 (12,9 %) to 2013 (70,6 %) by about 57 %; a similar trend was seen in the use of internet (2005 – 3,1 %; 2013 – 39 %).

• USAID had sponsored the investment costs, but the budget is running out.

• The acceptance to the national system is not easy as some of the exporters have already implemented other systems. On the long run, each farmer should enter his data into the system. The corresponding obligation shall be established in the national legislation in due course.

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Labelling the country of origin – are checks possible? Heinrich Bolten, State Office for Nature, Environment and Consumer Protection of North Rhine-Westphalia, Recklinghausen (DE) In Germany, consumers are more and more The verification of the regional origin is more interested in the regional origin of a produce; difficult and inspectors must be very clever apart from being interested in organic to prove fraud. The reliability of the indicated production. This interest results in increased region of growing would be best if the pack demand for locally grown produce. The houses would be inspected permanently. supermarkets apply different denominations to Due to (lack of) human resources, this is not label locally grown produce – using very broad possible. A modern method of detection is terms (e.g. “fresh from our region“) or very the isotopic analysis using isotopic profiles specific terms (e.g. „from here – Farmer XYZ”; characteristic for the region of growing and “fruit and vegetables from the farm XYZ“). thus allowing to trace back to the source. The term “locally grown” is mainly defined However, this method is expensive and is through this labelling. As “locally grown” is not functioning only if a good database including a protected or officially defined term, it may be sufficient reference profiles is available. the German state, the rural district, the regional association. It is possible to trace back the produce to its origin by means of business documents; but However, the indication of the region or the sometimes difficult and tedious. Using the term “locally grown” must be checked. The GGN-code makes traceability relatively easy inspection is carried out pursuant to article 5 as the code is referring to the producer. In of the German Law for Commercial Grades. case, a produce is labelled “Rhinish Plums” This article allows the inspector to enter the and the GGN-code is referring to a producer premises, the sales premises and the means of in Brandenburg, this can be taken as a good transportation, to ask for information, to take indication for fraud and may be adequately samples and to analyse business documents. punished. Especially the last two items are essential for proving a fraud. Further important components of an inspection are the check of the sampling The right of inspection pursuant to article 56 protocols of the company and – if available paragraph 1 of the German Infringement Law – the shop-in-shop contracts in which the is the basis for the repression of fraud. The produce and the volume bought is listed. The punishments may start from a warning and same holds for product specifications between may end in a penalty fee of up to 10,000 Euro supplier and buyer. Sometimes the QR-code is and the possibility to return the case to the useful; it can be scanned with the smartphone prosecutor for further investigation. and provides information on the producer – eventually a video film. Even the GS1 check At the time before labelling the country code may be used or a simple web search of origin became obligatory for almost all referring to the producer may uncover false fresh fruit and vegetables due to marketing indication of the region. standards, fraud in labelling German origin instead of the correct country of foreign The reasons for false indication of the region produce was frequently stated. The marketing of growing are manifold. The most common standards include the optional indication of motivation is the necessity for supply the region of growing. Whenever this region capability with respect to the client. In those is indicated, it must be correct. For fruit and cases (e.g. due to a shortage in production due vegetables covered by the marketing standards, to bad weather conditions), produce from other the country of origin must be indicated in regions are added. In times of work overload the invoice and accompanying documents. in pack houses, a false indication may occur The indication of the country of origin is not accidentally – especially during weekends or mandatory for produce not covered by any before public holidays. marketing standard. However, the traders require this indication.

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