Organic Products Regulations, 2009
P.C. 2009-944 2009-06-11
Her Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to section 32Footnote a of the Canada Agricultural Products ActFootnote b, hereby makes the annexed Organic Products Regulations, 2009.
Interpretation and Application
1 The following definitions apply in these Regulations.
Act means the Canada Agricultural Products Act. (Loi)
Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act. (Agence)
- CAN/CGSB 32.310
CAN/CGSB 32.310 means the most recent version of CAN/CGSB 32.310, entitled Organic Production Systems — General Principles and Management Standards. (norme CAN/CGSB 32.310)
- CAN/CGSB 32.311
CAN/CGSB 32.311 means the most recent version of CAN/CGSB 32.311, entitled Organic Production Systems — Permitted Substances List. (norme CAN/CGSB 32.311)
- conformity verification body
conformity verification body means an entity that
- ISO/IEC 65
ISO/IEC 65[Repealed, SOR/2013-167, s. 1]
- ISO/IEC 17011
ISO/IEC 17011 means the most recent version of ISO/IEC 17011 of the International Organization for Standardization, entitled Conformity assessment — General requirements for accreditation bodies accrediting conformity assessment bodies. (norme ISO/IEC 17011)
- ISO/IEC 17065
ISO/IEC 17065 means the most recent version of ISO/IEC Guide 17065 of the International Organization for Standardization, entitled Conformity assessment – Requirements for bodies certifying products, processes and services. (norme ISO/IEC 17065)
- multi-ingredient product
multi-ingredient product means a type of agricultural product composed of two or more agricultural products. (produit multi-ingrédients)
- organic product
organic product means an agricultural product that has been certified as organic in accordance with these Regulations or that has been certified as organic under section 27. (biologique)
- SOR/2013-167, s. 1.
2 These Regulations apply to food and drink intended for human consumption and food intended to feed livestock, including agricultural crops used for those purposes. They also apply to the cultivation of plants.
PART 1Verification and Certification Bodies
3 For the purposes of these Regulations, conformity verification bodies are designated by the Agency to assess, recommend for accreditation and subsequently monitor certification bodies. Accredited certification bodies are responsible for the organic certification of agricultural products and organic product packaging and labelling certification.
Previously Accredited Certification Body
4 If a certification body was accredited by a conformity verification body prior to the coming into force of these Regulations, the accreditation issued by the conformity verification body shall be recognized as an accreditation issued by the Agency. The Agency shall provide the certification body with an accreditation number.
Application for Accreditation
5 A person who wishes to be accredited as a certification body shall apply for the accreditation in writing to a conformity verification body and undergo an assessment in accordance with ISO/IEC 17011 to verify
(a) their compliance with ISO/IEC 17065;
(b) their knowledge, with respect to organic certification, and that of their employees and, as the case may be, their subcontractors;
(c) the validity of their certification methodology; and
(d) the validity of their methodology results.
- SOR/2013-167, s. 2.
6 On the recommendation of a conformity verification body, the Agency shall accredit the applicant. The Agency shall provide the accredited certification body with an accreditation number.
7 If the conformity verification body refuses to recommend the accreditation of the applicant, the conformity verification body shall send a notice to the applicant, by registered mail, stating the reasons for the decision and advising the applicant of their right to request that the Agency review the decision within 30 days after receipt of the notice. The conformity verification body shall also send a copy of the notice to the Agency.
8 The Agency shall, on request, review the decision referred to in section 7 and, if the Agency decides to confirm the decision, it shall send a copy of its decision with reasons, in writing, to the applicant. If it does not confirm the decision, it shall accredit the applicant and provide the applicant with an accreditation number.
Suspension and Cancellation
9 (1) Subject to subsection (2), on the recommendation made in a report of the conformity verification body, the Agency shall suspend the accreditation of a certification body if the certification body has not complied with any provision of the Act, these Regulations or ISO/IEC 17065.
(2) No accreditation shall be suspended unless the Agency has taken the following steps:
(a) it has notified the certification body that there are grounds for suspension;
(b) it has provided the certification body with a copy of the report that specifies the grounds for suspension, the required corrective measures and the period within which those measures must be implemented to avoid suspension; and
(c) it has notified the certification body of the suspension, if the certification body has failed or is unable to implement the required corrective measures within the period specified in the report referred to in paragraph (b).
(3) If the certification body has not implemented the required corrective measures or their implementation is not possible within the period specified in the report referred to in paragraph (2)(b), the certification body may obtain from the conformity verification body an extension of the period.
(4) The suspension remains in effect until the required corrective measures are implemented by the certification body and verified by the conformity verification body or until the cancellation of the accreditation.
(5) The Agency shall cancel the accreditation if
(6) No accreditation shall be cancelled unless the Agency has taken the following steps:
(a) it has advised the certification body of an opportunity to be heard, either orally or in writing, in respect of the cancellation, it has given the certification body that opportunity and it has rendered a decision that was unfavourable to the certification body; and
(b) it has sent a notice of the cancellation to the certification body and advised the certification body of its right to request that the Agency review the decision within 30 days after the receipt of the notice of cancellation.
- SOR/2013-167, s. 3.
Submission of Lists
10 In the case of a suspension or cancellation of its accreditation, the certification body shall provide the Agency, without delay, with a list of holders of certifications and a list of pending applications for certification.
Determination of Percentage of Organic Products
11 For the purpose of this Part and Part 3, the percentage of organic products contained in a multi-ingredient product shall be determined in accordance with CAN/CGSB 32.310.
Application for Organic Certification
12 (1) A person who wishes to obtain an organic certification for an agricultural product shall apply to a certification body, subject to subsection (3), within 12 months before the day on which the product is expected to be marketed, in the form provided by the Agency and signed by the applicant.
(2) The application shall contain
(a) the name of the agricultural product;
(b) in the case of a multi-ingredient product, a statement setting out its composition and the percentage of organic products it contains;
(c) a statement naming the substances used in the production and processing of the agricultural product and describing the manner in which those substances are used; and
(d) a report setting out in detail the methods used in the production and processing of the agricultural product and the control mechanisms in place to ensure that those methods comply at all times with the requirements set out in CAN/CGSB 32.310.
(3) In the case of an initial application for an organic certification of a product set out in column 1 of Schedule 1, the application shall be filed within the time set out in column 2.
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