The Official Journal of the European Union has now published Commission Regulation 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control. Needless to say, it has something of interest for trade mark owners, in Chapter 2, Specific labelling requirements for feed:

"Article 59: Scope, use of trade marks and sales descriptions

This Chapter shall not apply to pet food and feed for fur animals or feed for aquaculture animals.

The trade marks and sales descriptions bearing an indication referred to in Article 23(1) of Regulation (EC) No 834/2007 may be used only if at least 95 % of the product's dry matter is comprised of feed material from the organic production method.

Article 60: Indications on processed feed

1. Without prejudice to Articles 61 and 59, second paragraph of this Regulation, the terms referred to in Article 23(1) of Regulation (EC) 834/2007 may be used on processed feed provided that:
(a) the processed feed complies with the provisions of Regulation (EC) 834/2007 and in particular with Article 14 (1) (d) (iv) and (v) and Article 18 thereof;
(b) the processed feed complies with the provisions of this Regulation and in particular with Articles 22 and 26 thereof;
(c) at least 95 % of the product's dry matter is organic.

2. Subject to the requirements laid down in points (a) and (b) of paragraph 1, the
following statement is permitted in the case of products comprising variable
quantities of feed materials from the organic production method and/or feed
materials from products in conversion to organic farming and/or non-organic
materials: ‘may be used in organic production in accordance with
Regulations (EC) 834/2007 and (EC) 889/2008’

Article 61: Conditions for the use of indications on processed feed

1. The indication provided for in Article 60 shall be:

(a) separate from the wording referred to in Article 5 of Council Directive 79/373/EEC (19) or in Article 5(1) of Council Directive 96/25/EC (20);
(b) presented in a colour, format or character font that does not draw more attention to it than to the description or name of the animal feedingstuff referred to in Article 5(1)(a) of Directive 79/373/EEC or in Article 5(1)(b) of Directive 96/25/EC respectively;
(c) accompanied, in the same field of vision, by an indication by weight of dry matter referring:
(i) to the percentage of feed material(s) from the organic production method;
(ii) to the percentage of feed material(s) from products in conversion to organic farming;
(iii) to the percentage of feed material(s) not covered by points (i) and (ii);
(iv) to the total percentage of animal feed of agricultural origin;
(d) accompanied by a list of names of feed materials from the organic production method;
(e) accompanied by a list of names of feed materials from products in conversion to organic production. ]

2. The indication provided for in Article 60 may be also accompanied by a reference to the requirement to use the feedingstuffs in accordance with Articles 21 and 22".