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Safe Food for Canadians Regulations (SOR/2018-108)

Regulations are current to 2022-06-20 and last amended on 2019-06-17. Previous Versions

PART 13Organic Products (continued)

DIVISION 4Certification (continued)

SUBDIVISION DGeneral

Marginal note:Documents

 The holder of a certificate must prepare, keep and maintain the documents that are set out in the following standards, in accordance with those standards:

  • (a) in the case of an aquaculture product, CAN/CGSB-32.312; and

  • (b) in the case of a food commodity other than an aquaculture product, CAN/CGSB-32.310.

Marginal note:Changes affecting certification

 The holder of a certificate must immediately notify the certification body in writing of any change that could affect the certification and of any complaint that they receive in relation to the organic integrity of the organic product referred to in the certification.

DIVISION 5Labelling and Advertising

Marginal note:Expressions

  •  (1) The expressions “organic” or “biologique” or “organique”, “organically grown” or “cultivé biologiquement”, “organically raised” or “élevé biologiquement” and “organically produced” or “produit biologiquement” and any similar expressions, including abbreviations of, symbols for and phonetic renderings of those expressions, may be shown on the label or used in the advertisement of a food commodity that is sent or conveyed from one province to another if

    • (a) the food commodity is an organic product; and

    • (b) in the case of a multi-ingredient food commodity, at least 95% of its contents are organic products.

  • Marginal note:Expression “Organic ingredients”

    (2) Despite subsection (1), if a multi-ingredient food commodity is an organic product but less than 95% of its contents are organic products, it may be labelled with or advertised using the expression “organic ingredients” or “d’ingrédients biologiques” if that expression is

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

    • (b) in characters of the same height and prominence as the words, numbers, signs or symbols that indicate that percentage.

  • Marginal note:Multi-ingredient food commodities

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

Marginal note:Additional information

 If an expression that is referred to in subsection 353(1) or (2) is shown on the label of a food commodity, the label must also bear

  • (a) in the case of a food commodity that is sent or conveyed from one province to another, the name of the certification body that certified the food commodity as organic;

  • (b) in the case of a food commodity that is imported, the name of the certification body or the name of the entity accredited by a foreign state referred to in subparagraph 357(1)(a)(ii) or (iii) that certified the food commodity as organic;

  • (c) in the case of a multi-ingredient food commodity that is sent or conveyed from one province to another or that is imported, the organic contents that are identified as organic in its list of ingredients; and

  • (d) in the case of a food commodity that is imported and on whose label the product legend that is set out in Schedule 9 is applied, the expression “Product of” or “produit de” immediately preceding the name of the foreign state of origin or the word “Imported” or “importé” in close proximity to that product legend.

Marginal note:Official languages

  •  (1) Subject to subsection (2), the expressions that are referred to in subsections 353(1) and (2) and paragraph 354(d) and the information that is referred to in paragraph 354(c) must be shown on the label of a food commodity in both official languages.

  • Marginal note:Exception

    (2) Those expressions and that information may be shown on the label of a food commodity in only one official language if the food commodity is any of the following:

    • (a) a feed as defined in section 2 of the Feeds Act;

    • (b) a seed as defined in section 2 of the Seeds Act; or

    • (c) a food, if subsection B.01.012(3), (7) or (11) of the Food and Drug Regulations allows the required information to be shown in only one official language.

  • Marginal note:Feed

    (3) For the purposes of paragraph (2)(a), a reference to “livestock” in the definition feed in section 2 of the Feeds Act must be read to include livestock that is an aquaculture product.

DIVISION 6Interprovincial Trade and Import

Marginal note:Interprovincial trade

  •  (1) A food commodity that is sent or conveyed from one province to another and that is labelled with or advertised using an expression that is referred to in subsection 353(1) or (2) must

    • (a) be an organic product;

    • (b) meet the requirements for the use of that expression that are set out in subsection 353(1) or (2), as the case may be; and

    • (c) meet the requirements of sections 354 and 355.

  • Marginal note:Multi-ingredient food commodities

    (2) In the case of a multi-ingredient food commodity that is not an organic product and that is sent or conveyed from one province to another, the list of ingredients that is shown on the label of the food commodity may indicate which of the ingredients are organic products.

Marginal note:Import

  •  (1) A food commodity that is imported and that is labelled with or advertised using an expression that is referred to in subsection 353(1) or (2) must

    • (a) meet one of the following requirements:

      • (i) be certified as organic under subsection 345(1),

      • (ii) be imported from a foreign state with which the Agency has entered into an agreement or arrangement regarding the import and export of organic products and be certified as organic, in accordance with the agreement or the arrangement, by an entity that is accredited by that foreign state, or

      • (iii) be imported from a foreign state with which the Agency has not entered into such an agreement or arrangement, but be certified as organic by an entity that is accredited by a foreign state that is referred to in subparagraph (ii) with the certification being in accordance with the agreement or arrangement referred to in that subparagraph;

    • (b) meet the requirements for the use of that expression under subsection 353(1) or (2), as the case may be; and

    • (c) meet the requirements of sections 354 and 355.

  • Marginal note:Multi-ingredient food commodities

    (2) In the case of a multi-ingredient food commodity that is not an organic product and that is imported, the list of ingredients that is shown on the label of the food commodity may indicate which of the ingredients are organic products.

  • Marginal note:Demonstration

    (3) The person who imports the organic product must be able to demonstrate that the product meets one of the requirements of paragraph (1)(a) by providing, at the request of the Minister or an inspector, a certificate that confirms the organic certification of the product.

  • Marginal note:Retention period of certificate

    (4) The certificate referred to in subsection (3) must be kept for five years after the day on which the organic product is imported.

DIVISION 7Product Legend

Marginal note:Definition inspection mark in Act

 For the purposes of the definition inspection mark in section 2 of the Act, the product legend that is set out in Schedule 9 is prescribed.

Marginal note:Application or use of product legend

  •  (1) A person is authorized to apply the product legend that is set out in Schedule 9 to and use it in connection with a food commodity if

    • (a) the food commodity is an organic product; and

    • (b) in the case of a multi-ingredient food commodity, at least 95% of its contents are organic products.

  • Marginal note:Advertisement and sale

    (2) A person is authorized to advertise and sell a food commodity that has on it the product legend that is set out in Schedule 9, or a food commodity in connection with which that product legend is used, if

    • (a) the food commodity is an organic product; and

    • (b) in the case of a multi-ingredient food commodity, at least 95% of its contents are organic products.

  • Marginal note:Application or use — other than food commodity

    (3) A person is authorized, for advertisement or information purposes, to apply the product legend that is set out in Schedule 9 to, and use it in connection with, any item to which the Act applies other than a food commodity.

DIVISION 8Conformity Verification Bodies and Certification Bodies

Marginal note:Application for accreditation

 Any person who wishes to be accredited as a certification body must apply for the accreditation, in writing, to a conformity verification body and must 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 of any persons acting on their behalf; and

  • (c) the validity of their certification methodology and the validity of the results of that methodology.

Marginal note:Accreditation

  •  (1) On the recommendation of a conformity verification body, accompanied by supporting documents, the Minister must accredit the applicant, provide them with an accreditation number and notify them in writing of the period of validity referred to in subsection (2).

  • Marginal note:Period of validity

    (2) The accreditation of a certification body is valid for five years beginning on the day on which the Minister accredits the applicant.

Marginal note:Refusal

 If the conformity verification body refuses to recommend the applicant’s accreditation, it must send them a written notice by registered mail that states the reasons for the decision and notifies the applicant of their right to make a request, within 30 days after the day on which they receive the notice, to the Minister for a review of the decision. The conformity verification body must also send a copy of the notice to the Minister.

Marginal note:Review

 The Minister must, at the written request of the applicant, review the decision referred to in section 362 and, if the Minister decides to confirm it, must provide a copy of his or her decision with reasons to the applicant. If the Minister does not confirm the decision, the Minister must accredit the applicant, provide them with an accreditation number and notify them in writing of the period of validity referred to in subsection 361(2).

Marginal note:Suspension

  •  (1) Subject to subsection (2), on the recommendation of a conformity verification body, the Minister must suspend the accreditation of a certification body if it does not comply with any provision of the Act, this Part or ISO/IEC 17065.

  • Marginal note:Conditions

    (2) The Minister must not suspend an accreditation unless the certification body

    • (a) was provided with a written report that sets out the grounds for the suspension and the period within which corrective action must be taken in order to avoid the suspension; and

    • (b) failed to take corrective action within that period or, if the conformity verification body granted an extension at the written request of the certification body, within any later period specified by the conformity verification body.

  • Marginal note:Extension of period

    (3) The conformity verification body may grant an extension of the period in which corrective action must be taken only once.

  • Marginal note:Written notice

    (4) The Minister must notify the certification body in writing of the suspension and the date on which it takes effect.

  • Marginal note:Provision of lists

    (5) The certification body must provide the Minister, within 15 days after the day on which the suspension takes effect, with a list of the holders of the certificates that it has granted and a list of pending applications for certification.

  • Marginal note:Duration of suspension

    (6) The suspension of an accreditation must be lifted if the Minister determines, on the recommendation of the conformity verification body, that corrective action has been taken.

Marginal note:Cancellation

  •  (1) On the recommendation of a conformity verification body, the Minister must cancel an accreditation if the certification body

    • (a) fails to take corrective action within 30 days after the day on which the accreditation was suspended;

    • (b) was not in compliance with section 15 of the Act in respect of the application made under section 360 or at any time during the period of validity of the accreditation; or

    • (c) continues, while their accreditation is suspended, to accept applications for certification, to make determinations under subsection 345(1) or 348(1), to suspend certifications under subsection 349(1) or to cancel certifications under subsection 350(1).

  • Marginal note:Conditions

    (2) The Minister must not cancel a certification unless the certification body was notified in writing of the grounds for the cancellation and was provided with an opportunity to be heard in respect of the cancellation.

  • Marginal note:Written notice

    (3) The Minister must notify the certification body in writing of the cancellation and the date on which it takes effect.

PART 14Seizure and Detention

Marginal note:Detention tag

 An inspector who seizes and detains a thing under section 25 of the Act must apply or attach a detention tag to it which bears the following:

  • (a) the expression “UNDER DETENTION” and the word “RETENU”, in capital letters;

  • (b) the detention tag number;

  • (c) a description of the thing;

  • (d) the reason for the seizure and detention;

  • (e) the date of the seizure and detention; and

  • (f) the inspector’s name and signature.

Marginal note:Prohibition — removal of detention tag

 It is prohibited for a person to remove a detention tag from a thing that has been seized and detained unless authorized to do so by an inspector.

Marginal note:Notice of detention

  •  (1) As soon as feasible after a thing has been seized and detained, an inspector must provide a notice of detention to its owner or to the person having possession, care or control of it at the time of its seizure.

  • Marginal note:Content of notice of detention

    (2) The notice of detention must indicate that the thing was seized and detained under section 25 of the Act and set out

    • (a) the detention tag number;

    • (b) a description of the thing;

    • (c) the reason for the seizure and detention;

    • (d) the date of the seizure and detention;

    • (e) the place of the seizure and detention;

    • (f) the inspector’s name and signature; and

    • (g) a telephone number to call for further information about the seizure and detention.

 
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