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RAINFOREST ALLIANCE
APPLICABLE LAW ASSESSMENT
RA 2020 STANDARD
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Certification body:EKOINSPEKT ULUSLARARASI BELGELENDIRME DENETIM GOZETIM TEKNIK KONTROL VE EGITIM HIZMETLERI LTD. STI.For internal use only
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Country:GEORGIAReviewed by:
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Date submitted1/31/2023Approved by:
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Contact person:MUSTAFA CETINKAYAApproved date:
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Instructions
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The Certification Body (CB) should list applicable local laws for all core requirement of the RA 2020 Standard according to the geographic scope requested (the format should include individual legislations for each country). The following is a brief explanation of how to complete the template:
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Topic: Include the topic covered in the requirement, for example: Natural Ecosystems, Agrochemicals, etc.
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Related standard requirement number: Include the number of the specific related requirement, for example: No. 4.5.1
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National Legislation Reference:
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Legislation name: Include the name of the national legislation related to the criterion, for example: Labor Code, Decree No. 1441.
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ILO convention name (if applicable): If there is an applicable ILO convention, indicate the name of that convention and its respective number. e.g. "ILO Convention, Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)" If there are any sector wide agreements or CBAs that might be relevant, feel free to indicate those as well.
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Title: Include the title within the national legislation that refers to the criterion to be evaluated, for example: Contracts and collective bargaining.
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Articles to be reviewed: Indicate the # or #s of the articles to be reviewed, with respect to the criterion compliance, for example: Articles 57 to 60.
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If RA standard goes beyond the national legislation, please indicate on which areas: please perform an analysis of the applicable legislation and where the RA Standard might go beyond the legislation.
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National Legislation Reference
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TOPICRelated standard requirement numberLegislation NameCBA if applicable ILO convention name (if applicable)TitleArticles to reviewIf RA standard goes beyond the national legislation, please indicate on which areasColumn1
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Group Management1.1.1No LawNANANANANANA
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Documented and implemented Management Plan which addresses each applicable Rainforest Alliance Supply Chain requirement. 1.1.3No LawNANANANANANA
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The supply chain actor has devised, adopted and disseminated one or more policies for ensuring responsible business conduct in its own operations, supply chain and other business relationships1.1.4No LawNANANANANANA
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Collective Bargaining1.2.1The constitution of Georgia
Georgian Labour Code (1997) 		The Georgian Labour Code mentions that collective bargaining agreements can be executed for regulating the labour,
social and economic, and professional relations between the
employer and the workers of an enterprise, establishment or
organization.

The Constitution of Georgia defines labour rights and also says that all the ratified international conventions shall be adhered to . This includes international convention on collective bargaining 		Right to Organise and Collective Bargaining Convention, 1949 (No. 98)Georgian Labour Code (1997) covers the requirements related to labour employed in industry covering health, safety, welfare and entitlements

1. This Law regulates labour and its concomitant relations in the territory of Georgia, unless they are otherwise governed by other special law or international agreements of Georgia.

2. Labour-related questions not governed by this Law or by other special law shall be regulated by the norms of the Civil Code of Georgia.

3. A labour agreement may not establish norms different from those provided for by this Law that worsen the conditions of employees.		Article 6 of Georgian Labour Code (1997) covers the collective bargaining agreements and also says that Labour contracts (or agreements) which provide conditions
worse than those stipulated in this Code shall be invalid. It further Says that The management of the enterprise, establishment or
organization shall have the right, using its own resources, to
establish for the worker labour and social privileges which are
additional to those provided by law.

Article 30 of the Constitution of Georgia defines the labour rights		Not the case


https://constitution.com/constitution-of-the-republic-of-georgia/?__cf_chl_managed_tk__=pmd_S8ogt_Ejzqj4KGmtZJwZw52tpiZOjvYq_o2J_juqzK0-1629638865-0-gqNtZGzNAuWjcnBszQil

https://www.ilo.org/dyn/natlex/docs/WEBTEXT/58433/65217/E97GEO03.htm
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Service provider evaluation mechanism1.2.2No LawNANANANANANA
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Subcontractors and suppliers' compliance to certification rules1.2.3No LawNANANANANANA
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Registry of group members1.2.4No LawNANANANANANA
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Worker details( Full name, Gender
Year of birth,
Start and end date(s) of employment,
Wages


Housing		1.2.5Georgian Labour Code (1997)NANA
Georgian Labour Code (1997) covers the requirements related to labour employed in industry covering health, safety, welfare and entitlements

1. This Law regulates labour and its concomitant relations in the territory of Georgia, unless they are otherwise governed by other special law or international agreements of Georgia.

2. Labour-related questions not governed by this Law or by other special law shall be regulated by the norms of the Civil Code of Georgia.

3. A labour agreement may not establish norms different from those provided for by this Law that worsen the conditions of employees.
Article 25 specifies that Employers shall, in writing and/or electronically, keep a record of the hours worked by employees in the working day, and shall make available to the employee the monthly records of the working time (hours worked), unless this is impossible to do due to the specific nature of the organisation of work. Employers shall store the records of working time (hours worked) for 1 year.
Though the law directory does not enforce it
NA
https://matsne.gov.ge/en/document/view/1155567?publication=18
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List of permanent of temporary workers1.2.6As AboveNANAAs aboveAs above
The Act does not specifically say to make list of workers		Standard specifically states to make the list of permanent and temporary workersAs above
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Information given through Predominant language to workers1.2.7As aboveNANAAs aboveArticle 13 specifies that a written labour agreement shall be concluded in a language understandable to the parties. A written labour agreement may be concluded in several languages. If a written employment agreement is concluded in several languages, it shall contain a clause specifying the language of the employment agreement to prevail in the case of a discrepancy between the provisions of the employment agreements.NAAs above
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Sign agreement between both parties (GA and Members)1.2.8No LawNANANANANANA
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Records of last four years1.2.9Georgian Labour Code (1997)NANA
Georgian Labour Code (1997) covers the requirements related to labour employed in industry covering health, safety, welfare and entitlements

1. This Law regulates labour and its concomitant relations in the territory of Georgia, unless they are otherwise governed by other special law or international agreements of Georgia.

2. Labour-related questions not governed by this Law or by other special law shall be regulated by the norms of the Civil Code of Georgia.

3. A labour agreement may not establish norms different from those provided for by this Law that worsen the conditions of employees.		Article 24(11) says that the records with respect to the Act are to be maintained for 1 year onlyYes, RA standard makes it mandatory for retaining the records for at least 4 yearshttps://matsne.gov.ge/en/document/view/1155567?publication=18
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An up to date map of the farm (large farms) or the farm area (group of small farms) is available
Sketches
1.2.10
No LawNANANANANANA
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A sketch of the farm is available1.2.11No LawNANANANANANA
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Geolocation data is available for 100% of the farms. At least 10% is in the form of polygons1.2.12No LawNANANANANANA
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A polygon is available of the farm, including all farm units. 1.2.13No LawNANANANANANA
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list of workers trained and have the knowledge effectively implement the supply chain Management Plan.1.2.16No LawNANANANANANA
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Multi-site administrator maintains a list of sites to be included in the certificate 1.2.17No LawNANANANANANA
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 Risk assessment 1.3.1Georgian Labour Code (1997)
LAW OF GEORGIA ON OCCUPATIONAL SAFETY		NANA
Georgian Labour Code (1997) covers the requirements related to labour employed in industry covering health, safety, welfare and entitlements

1. This Law regulates labour and its concomitant relations in the territory of Georgia, unless they are otherwise governed by other special law or international agreements of Georgia.

2. Labour-related questions not governed by this Law or by other special law shall be regulated by the norms of the Civil Code of Georgia.

3. A labour agreement may not establish norms different from those provided for by this Law that worsen the conditions of employees.

LAW OF GEORGIA ON OCCUPATIONAL SAFETY-
The purpose of this Law is to define those basic requirements and general principles of preventive measures that are related to matters of occupational safety, existing and potential hazards, the prevention of accidents and occupational diseases, the training of employees and the provision of information and consultation to such employees, and the equal participation of employees in matters related to occupational safety and health care.
This Law regulates the rights, obligations and responsibilities of state bodies, employers, employees, representatives of employees, and of other persons present in a working area and that are related to the creation of a safe and healthy work environment.		Article 45(4) says that Employers shall introduce a preventive system ensuring labour safety and provide employees with relevant information in a timely manner about labour safety-related risks and measures to prevent risks. In addition, employers shall inform employees about the rules for handling dangerous equipment and, if necessary, provide employees with personal protective equipment. According to technological progress, employers shall replace in a timely manner hazardous equipment with safe or less hazardous equipment, and shall take all other reasonable steps for employees’ safety and for the protection of their health

LAW OF GEORGIA ON OCCUPATIONAL SAFETY
Article 10 stipulates that the employer should provide the employee with the latest risk assessment		NAhttps://matsne.gov.ge/en/document/view/1155567?publication=18


https://matsne.gov.ge/en/document/view/4103880?publication=2
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 Management Plan1.3.2No LawNANANANANANA
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Management provides group members with services based on the Management Plan1.3.3No LawNANANANANANA
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Management provides workers with services based on the Management Plan.1.3.4No LawNANANANANANA
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Internal inspection and self-assessment1.4.1,No LawNANANANANANA
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Internal inspection and self-assessment1.4.2No LawNANANANANANA
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Internal approval and sanction mechanism1.4.3No LawNANANANANANA
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Internal inspection and self-assessment1.4.4No LawNANANANANANA
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Grievance Mechanism1.5.1Georgian Labour Code (1997)NANA
Georgian Labour Code (1997) covers the requirements related to labour employed in industry covering health, safety, welfare and entitlements

1. This Law regulates labour and its concomitant relations in the territory of Georgia, unless they are otherwise governed by other special law or international agreements of Georgia.

2. Labour-related questions not governed by this Law or by other special law shall be regulated by the norms of the Civil Code of Georgia.

3. A labour agreement may not establish norms different from those provided for by this Law that worsen the conditions of employees.		Article 23 (h) says that the employer should have a procedure to review the complaint s of the workersThe legislation just generally mention to attend to and review the complaints without explicit requirement. The standard requires risk assessment to be done considering all requirements of the standard.

The legislation does not cover "whistle blowing" mechanism. It is silent on anonymous complaints		https://matsne.gov.ge/en/document/view/1155567?publication=18
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Gender equality1.6.1Constitution of Georgia
Georgian Labour Code (1997)

LAW OF GEORGIA ON THE ELIMINATION OF VIOLENCE AGAINST WOMEN AND/OR DOMESTIC VIOLENCE, AND THE PROTECTION AND SUPPORT OF VICTIMS OF SUCH VIOLENCE		NAEqual Remuneration Convention, 1951 (No. 100)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111)		Georgian Labour Code (1997)- as above
Constitution of Georgia-The citizens of Georgia,
Whose firm will is to establish a democratic social order, economic freedom, a rule-of-law based social State, To secure universally recognised human rights and freedoms, To enhance the state independence and peaceful relations with other people, bearing in mind the centuries-old traditions of the Statehood of the Georgian Nation and the basic principles of the
Constitution of Georgia of 1921, Proclaim nation-wide the present Constitution.
Law on violence against women- This Law defines the set of actions that characterise violence against women and/or domestic violence in the public or private life, legal and organisational grounds for detecting and eliminating domestic violence, as well as guarantees for social and legal protection and support for victims of violence.
This Law, based on the specifics defined by this Law, shall also apply to the relations that contribute to violating constitutional rights and freedoms of a minor through negligence and/or physical, psychological, economic, and sexual violence or coercion.		Article 2,4,5,6.7,8, 11.23,47,53,78, of the Georgian Labour Code(1997) cover discrimination at work place

Article 14 of the constitution of Georgia states that Everyone is born free and is equal before the law regardless of race, color, language, sex, religion, political and other opinions, national, ethnic and social belongings, origin, property status and title, place of residence

Law on violence against women-Article 6 gives mechanisms for prevention of violence against women and/or domestic violence		The law does not stipulate a gender equality committee at work place https://constitution.com/constitution-of-the-republic-of-georgia/?__cf_chl_managed_tk__=pmd_hXQ6M9O8QWyl9hx0z0BshUgXJ3IuMUEMaH_0Mx38SSI-1629653025-0-gqNtZGzNAuWjcnBszQw9

https://matsne.gov.ge/en/document/view/26422?publication=18
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Committee on gender equality1.6.2No LawNANANANANANA
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 Certified production



2.1.1













No LawNANANANANANA
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Annually stock2.1.2No LawNANANANANANA
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Certified products are visually segregated2.1.3No LawNANANANANANA
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Management has mapped the product flow from the group members 2.1.4No LawNANANANANANA
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Products that the group sells as certified can be traced back to the certified farm(s)2.1.5No LawNANANANANANA
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No double selling of volumes		2.1.6 No LawNANANANANANA
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Group members keep sales receipts2.1.7 No LawNANANANANANA
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Methodology for the calculation of conversion factors		2.1.8 No LawNANANANANANA
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Calibration2.1.9LAW OF GEORGIA
PRODUCT SAFETY AND FREE MOVEMENT CODE		NANAThe Objectives of this Code are:
a) protection of human life, health, property, and the environment;
b) placement of safe products in the market and their free movement;
c) ensuring competition and facilitation in the process of product movement and its placement in the market;
d) ensuring conformity of facilities with increased technical risk through state supervision and control;
e) introduction of an inspection system based on the risk analysis and assessment;
f) development of a technical inspection system for facilities with increased technical risk and creation of a legal basis for the activities of inspection bodies;
g) separation of powers between the Legal Entity under Public Law (LEPL) – Technical and Construction Supervision Agency, and the inspection bodies in the area of operation and control of facilities with increased technical threat;
h) ensuring implementation of construction activity under technical construction regulations and in full conformity with the requirements laid down by the legislation of Georgia;
i) introduction of best practices in the areas of standardisation, metrology, accreditation and conformity assessment, as well as harmonisation with EU legislation.		Articles 71,72 and 79 call for calibration of measuring and other covered instrumentsNA
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Volume summary of certified product for the previous 12 months. 2.1.10No LawNANANANANANA
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Documentation for percentage and traceability type etc.2.1.11No LawNANANANANANA
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labeling approvals, incoming and outgoing documentation, on-site procedures) that any Rainforest Alliance claim 2.1.12No LawNANANANANANA
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Sales transactions of certified products are recorded in the Rainforest Alliance traceability platform



2.2.1


No LawNANANANANANA
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Total sales of certified products do not exceed the total production2.2.2No LawNANANANANANA
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Volumes not sold as Rainforest Alliance certified and/or lost are removed from the traceability platform within two weeks after the end of the quarter. 2.2.3No LawNANANANANANA
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Trademark use approval2.2.4No LawNANANANANANA
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Shipments that are combined into one transaction include sufficient information to relate the transaction to the individual shipments. 2.2.5No LawNANANANANANA
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Written confirmation granting a traceability platform mandate by the farm certificate holder and acknowledgement by both parties is available. 2.2.6No LawNANANANANANA
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The party granted the traceability platform mandate complies with applicable traceability requirements and associated guidance.

2.2.7No LawNANANANANANA
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Volume credits are only converted for a process that can occur in reality, product conversion cannot go backwards to a previous product.



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2.3.1




No LawNANANANANANA
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The volume of product sold as mass balance is 100% covered by volumes purchased as certified.2.3.2No LawNANANANANANA
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Purchase and sales documentation for products sold as certified includes origin information to country level for certified and non-certified product inputs.2.3.3No LawNANANANANANA
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Products sold as certified shall meet the minimum percentage requirements for origin information as per crop specific annexes2.3.4No LawNANANANANANA
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Credit trading is limited to regional scope within a certificate, movement from one certificate to another shall be accompanied by physical shipment of relevant product. 2.3.5No LawNANANANANANA
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A process is in place to ensure that sales of certified product exceeding purchases are covered with sufficient
purchases of certified input within two weeks after the end of the quarter in which certified volume balance was exceeded		2.3.6No LawNANANANANANA
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Production costs and living income3.1.1
No LawNANANANANANA
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The total net income for group member households is assessed against the Living Income Benchmark.3.1.2No LawNANANANANANA
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Sustainable Differential3.2.1
3.2.2
3.2.3
3.2.4
3.2.5
3.2.6
3.2.7		No LawNANANANANANA
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Management defines the investments needed to improve sustainability in an investment plan. 3.3.1
No LawNANANANANANA
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The buyer of certified products ensures that the farm certificate holder receives the Sustainability Investment3.3.4No LawNANANANANANA
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An annual report of investments made to farms is compiled and available3.3.5No LawNANANANANANA
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Plant varieties are selected based on quality, productivity, resistance to pests and diseases and on suitability for the climate 4.1.1

No LawNANANANANANA
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New plantings have a well-established cropping system which takes into account the factors defined in the requirement4.1.2No LawNANANANANANA
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Pruning Cycle4.2.1No LawNANANANANANA
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GMO4.3.1Law of Georgia on Living Genetically Modified OrganismsNANAArticle 1 - Objectives of the Law
a) In compliance with the international agreements operating in this area, to declare the territory of Georgia as an area free from living genetically
modified organisms in order to protect people’s life and health as well as to preserve biodiversity and ensure its sustainable use;
b) In accordance with the principles of environmental protection, to ensure the protection of people’s life and health, and the protection of animals,
plants and the environment from the negative influences of living genetically modified organisms;
c) In the area of the use of living genetically modified organisms, to ensure the performance of the duties determined by the Rio de Janeiro Convention
on Biological Diversity of 5 June 1992, and the Cartagena Protocol on Biosafety to the Montreal Convention on Biological Diversity of 29 January 2000,
as well as the performance of the duties determined by other international agreements of Georgia;
d) To contribute to the availability of information in the area of the use of living genetically modified organisms, as well as to public involvement in the
decision-making process;
e) To create a legal basis for conducting scientific studies on living genetically modified organisms.		Entire LawNAhttps://matsne.gov.ge/en/document/download/2516880/1/en/pdf
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Soil assessment, leaf test, use of organic fertilizers etc4.4.1
4.4.2
4.4.3
4.4.4
No LawNANANANANANA
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Integrated Pest Management (IPM)
Monitoring of pests and natural enemies
Pest control methods & threshold		4.5.1 , 4.5.2, 4.5.3No LawNANANANANANA
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IPM training to workers4.5.4Georgian Labour Code (1997)NANAAs mentioned several times aboveArticle 45(4) says that Employers shall introduce a preventive system ensuring labour safety and provide employees with relevant information in a timely manner about
labour safety-related risks and measures to prevent risks. In addition, employers shall inform employees about the rules for handling dangerous
equipment and, if necessary, provide employees with personal protective equipment. According to technological progress, employers shall replace in
a timely manner hazardous equipment with safe or less hazardous equipment, and shall take all other reasonable steps for employees’ safety and for
the protection of their health.		NAhttps://matsne.gov.ge/en/document/view/1155567?publication=18
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Registered agrochemicals4.6.1LAW OF GEORGIA
ON PESTICIDES AND AGROCHEMICALS		NANAArticle 1 - Purpose and scope of the Law
1. The purpose of this Law is to provide legal grounds for the efficient use of pesticides and agrochemicals and for their application in such a manner
which is safe both for humans and the environment.
2. This Law regulates relations that arise in relation to state governance of the efficient use and safe application of agricultural chemicals and biological
material, and of the development, registration, production, labelling, packaging, selling, storing, and the transportation, use, decontamination,
placement, and exchange of information, and the export and import, of pesticides and agrochemicals.		Article 12 calls for registration of pesticide before being used in the countryNAhttps://matsne.gov.ge/en/document/download/18106/9/en/pdf
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Products on risk mitigation list4.6.2No LawNANANANANANA
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Training for sprayers and PPE usage4.6.3No LawNANANANANANA
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Showers for agrochemical handlers.4.6.4No LawNANANANANANA
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Preparation and application of pesticides4.6.5LAW OF GEORGIA
ON PESTICIDES AND AGROCHEMICALS		NANAArticle 1 - Purpose and scope of the Law
1. The purpose of this Law is to provide legal grounds for the efficient use of pesticides and agrochemicals and for their application in such a manner
which is safe both for humans and the environment.
2. This Law regulates relations that arise in relation to state governance of the efficient use and safe application of agricultural chemicals and biological
material, and of the development, registration, production, labelling, packaging, selling, storing, and the transportation, use, decontamination,
placement, and exchange of information, and the export and import, of pesticides and agrochemicals.		Article 3(p) calls for safe application of pesticides and agrochemicals.
Article( 3q) calls for efficient use of pesticides and agrochemical		NAhttps://matsne.gov.ge/en/document/download/18106/9/en/pdf
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Mechanisms to avoid contamination with pesticides4.6.6As aboveNANAAs aboveArticle 23 of the Act deals with Decontamination and placement of pesticidesNAAs above
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Aerial application4.6.7No LawNANANANANANA
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Agrochemical application records.4.6.8No LawNANANANANANA
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Empty pesticide containers4.6.9No LawNANANANANANA
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Storage of Agrochemical4.6.10LAW OF GEORGIA
ON PESTICIDES AND AGROCHEMICALS		NANAArticle 18 states that Pesticides and agrochemicals may be introduced into circulation if they are accompanied by recommendations on their transportation, storage,
utilisation and use, and if the products are labelled in accordance with applicable international procedures.		NANAhttps://matsne.gov.ge/en/document/download/18106/9/en/pdf
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pesticide application equipment4.6.11No LawNANANANANANA
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Pesticide stock inventory4.6.12No LawNANANANANANA
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Harvest and Post-Harvest Practices4.7.1No LawNANANANANANA