30938-MAG, of November 25, 2002, "Regulation for the Production, Industrialization, and Marketing of Sustainable Coffee," which shall read as follows:
"Article 3.—For the purposes of this Regulation, as well as for the terms used herein, the following shall be understood by:
- 1)Agrochemical: A synthetically produced molecule with a specific action, used for the benefit of crops.
- 2)Coffee year: The one-year period between the first of October and the 30th of September.
- 3)Harvest year: The one-year period between the first of April and the 31st of March.
- 4)Sustainable processing: A process that processes the coffee bean from a sustainable coffee plantation, and is carried out according to the specifications of this Regulation.
- 5)Coffee: The complete coffee fruit, ripe, green, or in cherry. Its endosperm (washed or in mucilage) or in its green coffee condition. Also the roasted or ground, decaffeinated, liquid, or soluble bean.
- 6)Sustainable coffee: That product ready to be marketed (fruit, green, roasted, ground, or any other industrial process) that has been produced under a sustainable coffee production and industrialization system.
- 7)Certification: The procedure by which official certification entities, or officially recognized certification entities, accredited by the Ente Costarricense de Acreditación (ECA), provide written or equivalent assurance that the production units (unidades productivas) comply with the requirements established in this Regulation.
- 8)Marketing: The possession or display for sale, offering for sale, delivery, or any other form of introduction to the market.
- 9)Soil conservation: Any action aimed at reducing or eliminating soil erosion.
- 10)Preparation or processing: Operations of transformation, packaging, preservation, and packing of agricultural products.
- 11)Group: A group of producers (more than two) from a common geographical area who belong to a legally constituted organization with an internal control system in operation, as well as a central administration responsible for compliance with the rules of this Regulation.
- 12)ICAFÉ: Instituto del Café de Costa Rica.
- 13)Industrialization (Industrialización): The industrial process after the harvesting of the fruit in the field.
- 14)Inspection: The work of evaluating, visiting, supervising, or verifying the sustainable nature of the production and industrialization, the processes, or the facilities appropriate for them, carried out by an inspector at the request of ICAFÉ, the Service, the producer, or the industrializer.
- 15)Sustainable Coffee Inspector: A natural person, an official of or contracted by ICAFÉ, who complies with the provisions of Article 19 of this Regulation, accredited before the Service and simultaneously trained to carry out inspections aimed at obtaining sustainable certification, on the farm (finca), in industrialization, and in marketing, duly registered before the service.
- 16)Ministry: Ministry of Agriculture and Livestock.
- 17)Sustainable coffee production model: A viable economic model that addresses the social and environmental needs of all participants in the coffee supply chain, from the producer to the consumer, complying with the principles stipulated in Chapter I.
- 18)Operator: A natural or legal person who participates in any stage of the sustainable coffee certification process (producer, industrializer, exporter, roaster, or marketer).
- 19)Production: The operations carried out in the production unit (unidad productiva) for obtaining, processing, and/or marketing sustainable coffee.
- 20)Recycling: Subjecting a used material to a process so that it can be used again.
- 21)Registry: Database administered by the Service, relating to sustainable coffee production farms (fincas), sustainable coffee industries, marketers, and Sustainable Coffee inspectors.
- 22)Seed: Any grain, tuber, bulb, or any living part of the plant used to reproduce a species.
- 23)State Phytosanitary Service: SFE.
- 24)Sustainability: That development or process that meets the needs of the present without compromising the ability of future generations to meet their own needs.
- 25)Production Unit (Unidad Productiva): Farm (finca), plot, processing plant, warehouse, and/or establishment where production, processing, storage, and/or marketing activities of sustainable coffee are carried out.
- 26)Manual of Inspection Procedures in Sustainable Coffee:
A set of regulations, procedural provisions, and forms, which establishes the form and content for carrying out inspections in the matter of sustainable coffee, which will be prepared jointly between the MAG and ICAFÉ.
- 27)Common geographical area: This shall be understood as the electoral zones of ICAFÉ defined in Law 2762 and its reforms and in Article 73 and related articles of its Regulation." "Article 9.—Certifications may be carried out independently or in group form for the case of producers. Industries may only be certified individually. However, to market sustainable coffee, it must in all cases come from a certified farm (finca), individually or included in a group of producers, as sustainable and subject to industrialization processes certified as such." "Article 10.—When availing oneself of the application of this Regulation:
- 1)The producer, industrializer, exporter, or marketer of sustainable coffee, and the inspector must: make a complete description of the unit, indicating the storage and production areas as well as the plots or collection zones for sustainable coffee.
- 2)The inspector must carry out the corresponding inspection for each operator or group and issue their recommendation on whether the operator or group qualifies or not for certification as sustainable.
- 3)Both the description of the sustainable unit and the measures recommended by the inspector shall be included in the inspection report, which shall be signed by the operator or legal representative of the group and the inspector.
- 4)There must be a commitment from the operator or group to carry out operations in accordance with the provisions of this Regulation and, in the event that incomplete procedures are determined, the application of the recommendations established in said report.
- 5)In the event that applications are submitted by groups of producers, all members of the group have the same obligations that are individually requested in this regulation. Any document signed by a group must be submitted by a legal entity that demonstrates the authority to manage and commit on behalf of the group members. In the case of applications, the legal entity must be authorized to manage the obtaining of the "Sustainable Coffee" certification as a group. The inspector, by means of sampling, shall carry out the inspection of the group and generate a report based on the sample; with that report, the Service shall issue or deny the group certification.
- 6)The SFE shall define the procedure to follow to determine the sample in the case of group certifications.
- 7)The certification is for the entire group; therefore, if it is proven that any of its members is not complying with what is indicated in this Regulation and it is considered grounds to suspend the certification, following what is indicated in Article 37 of this regulation, the certification shall be withdrawn from the group as a whole.
- 8)The group, to be considered for certification, must comply with the following requirements:
- a)Have an administration responsible for compliance with the rules of this Regulation.
b) Have an Internal Control System (SIC).
- c)Have centralized information for each of the group members.
- d)Ensure that both the central administration and the person responsible for the SIC have a direct relationship with the group members.
- e)Jointly market its product(s) when the destination is export.
- 9)The responsibilities of the group's central administration shall be:
a) Install an Internal Control System (SIC).
- b)Ensure the implementation of said system.
- c)Train its members for compliance with this Regulation.
- d)Be accountable before the SFE or control body for the compliance of its members with the rules established in this Regulation and immediately notify them of any change in the group or any anomaly detected or corrective measure taken.
- e)Designate and train internal inspectors.
- f)Evaluate cases of new incorporations to the group and exclusions and communicate them to the SFE.
- g)Inform its members about the bases of sustainable production and the obligations or responsibilities of the certification.
- 10)The Internal Control System (SIC) that the central administration must establish shall comply with:
- a)Maintain centralized, complete, and updated information for each of its members.
- b)Have a duly documented record of inclusions and exclusions.
- c)Carry out inspection of 100% of the members at least once a year.
- d)Keep the respective records of producers with the following information:
- 1)Full name.
- 2)ID number.
- 3)Productive area.
- 4)Production estimates.
- 5)Plot number.
- 6)Production (volumes).
- 7)Sketch and/or maps of the farm (finca) location.
- 8)Visit sheets signed by the inspector and the producer.
- 9)Receipts (copies) for coffee sales.
- 10)Other observations.
"Article 14.—The certificates granted to individual producers or groups must be issued for the quantity of coffee that within their production qualifies as sustainable, in accordance with this Regulation."