Organic Products Regulations, 2009 (SOR/2009-176)

Regulations are current to 2016-06-06 and last amended on 2013-09-30. Previous Versions

Procedure for Organic Certification

  •  (1) A certification body shall certify an agricultural product as organic if it determines, after verification, that

    • (a) in the case of a multi-ingredient product, at least 70% of its contents are organic and its composition complies with the requirements set out in CAN/CGSB 32.310;

    • (b) the substances used in the production and processing of the agricultural product are those set out in, and used in the manner described in, CAN/CGSB 32.311; and

    • (c) the production and processing methods used and the control mechanisms in place comply with the requirements set out in CAN/CGSB 32.310 and with the general principles respecting organic production set out in that standard.

  • (2) The certification body shall issue documents to the applicant confirming the organic certification of the product.

Application for Organic Product Packaging and Labelling Certification

  •  (1) A person who wishes to package and label an organic product shall apply to a certification body, in the form provided by the Agency and signed by the applicant, for certification that the packaging and labelling are done in accordance with the requirements set out in CAN/CGSB 32.310.

  • (2) The application shall contain

    • (a) the name of the organic product packaged and labelled;

    • (b) a statement naming the substances used in the packaging and labelling of the organic product and describing the manner in which those substances are used; and

    • (c) a report setting out in detail the packaging and labelling methods used 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.

Procedure for Organic Product Packaging and Labelling Certification

  •  (1) A certification body shall certify the packaging and labelling of an organic product if it determines, after verification, that

    • (a) the substances used in the packaging and labelling of the organic product are those set out in, and used in the manner described in, CAN/CGSB 32.311; and

    • (b) the packaging and labelling methods used and the control mechanisms in place comply with the requirements set out in CAN/CGSB 32.310 and with the general principles respecting organic production set out in that standard.

  • (2) The organic product packaging and labelling certification remains in effect for a period of 12 months beginning on the day on which it is granted.

Previously Issued Certifications

 Any certification issued before the coming into force of these Regulations by a certification body whose accreditation is recognized under section 4 is deemed to have been issued under these Regulations.

Records

 A holder of a certification shall maintain the records referred to in CAN/CGSB 32.310.

Changes Affecting Certification

 A holder of a certification shall notify the certification body without delay of any change that may affect the certification and of any complaint received relating to the organic integrity of the product referred to in the certification.

Slaughtering, Transportation and Storage

 The slaughtering of organic livestock or the transportation and storage of organic livestock or an organic product shall, in order to ensure the organic integrity of the livestock or product, be conducted in accordance with the requirements set out in CAN/CGSB 32.310.

Suspension and Cancellation

  •  (1) Subject to subsection (2), the certification body shall suspend the certification referred to in section 13 or 15 if

    • (a) the holder of the certification has not complied with any provision of the Act, these Regulations or the certification;

    • (b) in the case of a multi-ingredient product, less than 70% of its contents are organic;

    • (c) the substances used by the holder of the certification are other than those set out in CAN/CGSB 32.311;

    • (d) the agricultural product comes into contact with substances other than those set out in CAN/CGSB 32.311;

    • (e) the substances used by the holder of the certification are the ones set out in CAN/CGSB 32.311, but are not used in the manner described in that standard; or

    • (f) the production, processing, packaging and labelling methods used by the holder of the certification do not comply with the requirements set out in CAN/CGSB 32.310, or with the general principles respecting organic production set out in that standard.

  • (2) No certification shall be suspended unless the certification body has taken the following steps:

    • (a) it has notified the holder of the certification that there are grounds for suspension;

    • (b) it has provided the holder of the certification with a copy of a 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 holder of the certification of the suspension, if the holder 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 holder of the certification 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 holder of the certification may obtain from the certification body an extension of the period.

  • (4) The suspension remains in effect until the required corrective measures are implemented by the holder of the certification and verified by the certification body or until the cancellation of the certification.

  • (5) The certification body shall cancel the certification if

    • (a) the application made under section 12 or 14 contains false or misleading information; or

    • (b) the holder of the certification has not implemented the required corrective measures within 30 days following the day on which the certification was suspended or within any longer period allowed under subsection (3).

  • (6) No certification shall be cancelled unless the certification body has taken the following steps:

    • (a) it has advised the holder of the certification of an opportunity to be heard, either orally or in writing, in respect of the cancellation, it has given the holder that opportunity and it has rendered a decision that was unfavourable to the holder; and

    • (b) it has sent a notice of the cancellation to the holder of the certification.

PART 3Label

Languages

 Any claim or statement referred to in sections 24 and 25 shall appear on the label of an organic product in English and in French or in one of those languages if, in accordance with subsection B.01.012(3), (7) or (11) of the Food and Drug Regulations, the information that is required by those Regulations to be shown on the label of the food may be shown in that language only.

Logo

 The logo set out in Schedule 2 is prescribed as an agricultural product legend.

Use of the Agricultural Product Legend

  •  (1) No person shall affix the logo set out in Schedule 2 to a product other than an organic product.

  • (2) Despite subsection (1), no person shall affix the logo set out in Schedule 2 to a multi-ingredient product whose organic content is less than 95%.

Labelling and Advertising Requirements

  •  (1) No person shall affix a label to a product, or make an advertisement for a product, that contains the words “organic”, “organically grown”, “organically raised”, “organically produced” — or similar words, including abbreviations of, symbols for and phonetic renderings of those words — unless the product is

    • (a) an organic product, other than an organic product that is a multi-ingredient product; or

    • (b) a multi-ingredient product that is an organic product and that contains at least 95% organic contents.

  • (2) Despite subsection (1), a multi-ingredient product that is an organic product but contains less than 95% organic contents may be labelled or advertised with the words “organic ingredients” if those words

    • (a) are immediately preceded with the percentage, rounded down to the nearest whole number, of the contents that are organic; and

    • (b) are of the same size and prominence as the preceding words, numbers, signs or symbols that indicate the applicable percentage.

  • (3) Despite subsection (1), a list of ingredients on a label affixed to a multi-ingredient product that is not an organic product may indicate which of the ingredients are organic.

Other Requirements

 No person shall affix a label containing the words referred to in subsection 24(1) or (2) to an organic product unless the label also contains

  • (a) the name of the certification body that has certified the product as organic;

  • (b) in the case of a multi-ingredient product, the organic contents identified as organic in its list of ingredients; and

  • (c) in the case of an imported product for which the agricultural product legend is used on the label, the statement “Product of” immediately preceding the name of the country of origin or the statement “Imported” in close proximity to the legend.

 
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