Organic Products Regulations, 2009 (SOR/2009-176)
Procedure for Organic Product Packaging and Labelling Certification
15. (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
16. 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
17. A holder of a certification shall maintain the records referred to in CAN/CGSB 32.310.
Changes Affecting Certification
18. 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
19. 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
20. (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.