Interpretation and Application

Interpretation

1 The following definitions apply in these Regulations.

Act

Act means the Canada Agricultural Products Act. (Loi)

Agency

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

• (a) has an agreement with the Agency under subsection 14(1) of the Canadian Food Inspection Agency Act to assess, recommend for accreditation and monitor certification bodies; and

• (b) meets the requirements set out in ISO/IEC 17011. (organisme de vérification de la conformité)

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ISO/IEC 65[Repealed, SOR/2013-167, s. 1]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)

Application

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

Functions

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.

Accreditation

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.

Refusal

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.

Review

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

  • (a) the application made under section 5 contains false or misleading information; or

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

• (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.

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.

PART 2Certification

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.

Procedure for Organic Certification

• 13 (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

• 14 (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

• 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.

PART 3Label

Languages

21 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

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

Use of the Agricultural Product Legend

• 23 (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

• 24 (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

25 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.

PART 4Interprovincial and International Trade

Interprovincial Trade

26 No person shall market a product as an organic product in interprovincial trade unless the product meets the requirements set out in these Regulations.

Importation

• 27 (1) No person shall import or market a product as an organic product in Canada unless the product

  • (a) is an organic product under these Regulations; or

  • (b) originates from a country with which the Agency has entered into an agreement or an arrangement regarding the importation and exportation of organic products and the product is certified as organic, in accordance with the agreement or the arrangement, by a certification body recognized by that country.

• (2) Despite subsection (1), a product originating from a country that has not entered into an agreement or an arrangement regarding the importation and exportation of organic products may be imported or marketed in Canada as an organic product if it is certified as organic by a certification body recognized by a country referred to in paragraph (1)(b) and the certification is in accordance with the agreement or arrangement referred to in that paragraph.

28 Any person who imports a product or markets it in Canada as an organic product shall be able to demonstrate, at all times, that the product meets one of the requirements set out in section 27 and shall retain the documents attesting that the product is organic.

Repeal

29 [Repeal]

Coming into Force

30 These Regulations come into force on June 30, 2009.

SCHEDULE 2(Sections 22 and 23)Logo

The logo is displayed in either black with a white background (as illustrated), in black with a transparent background or in colour. If displayed in colour, the background is white or transparent, the outer and inner borders are green (Pantone no. 368), the maple leaf is red (Pantone no. 186) and the lettering is black.