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

Regulations are current to 2019-01-30 and last amended on 2019-01-15. Previous Versions

PART 13Organic Products (continued)

DIVISION 1Interpretation (continued)

Marginal note:Definition food commodity in Act

  •  (1) For the purposes of paragraph (c) of the definition food commodity in section 2 of the Act, the following are prescribed food commodities:

  • Marginal note:Feed

    (2) For the purposes of paragraph (1)(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.

  • Marginal note:Exemption

    (3) A food commodity that is not included in paragraph (a) or (b) of the definition food commodity in section 2 of the Act is exempted from the application of any provision of the Act and of these Regulations that is not necessary to give effect to this Part. For greater certainty, the exemption does not include section 6 of the Act.

DIVISION 2Packaging and Labelling

Marginal note:Packaging and labelling

 The packaging and labelling of an organic product that is to be sent or conveyed from one province to another may only be conducted by a person who holds a certificate that is granted under section 345 or 348.

DIVISION 3Percentage of Organic Products

Marginal note:Determination of percentage of organic products

 The percentage of the contents of a multi-ingredient food commodity that are organic products must be determined in accordance with CAN/CGSB-32.310.

DIVISION 4Certification

SUBDIVISION AOrganic Certification of Food Commodities

Marginal note:Application for organic certification

  •  (1) Any person who wishes to obtain the organic certification of a food commodity must apply in writing to a certification body.

  • Marginal note:Contents of application

    (2) The application must include

    • (a) the name of the food commodity;

    • (b) a statement that sets out the substances and materials that are used to conduct any activities with respect to the food commodity and that describes the manner in which those substances and materials are used;

    • (c) a document that sets out in detail the methods that are used by the applicant, or by a person acting on behalf of the applicant, to conduct any activities with respect to the food commodity and the control mechanisms that are in place to ensure that those methods meet the requirements that are set out

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

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

    • (d) in the case where a person packages and labels the food commodity on behalf of the applicant, the name of the person and a copy of the certificate referred to in subsection 348(2) that they hold; and

    • (e) in the case of a multi-ingredient food commodity, a statement that sets out its composition and the percentage of its contents that are organic products.

  • Marginal note:Time of application

    (3) In the case of an application for the organic certification of a food commodity, the application must be filed within 12 months before the day on which the food commodity is expected to be sold or, in the case of an application for the organic certification of any of the following food commodities, at least 15 months before that day:

    • (a) maple products;

    • (b) field crops or crops that are grown in greenhouses with an in-ground permanent soil system;

    • (c) wild crops within the meaning of CAN/CGSB-32.312; and

    • (d) aquaculture products with a production cycle of more than 12 months.

Marginal note:Certification

  •  (1) A certification body must conduct an on-site verification and certify a food commodity as organic if it determines that

    • (a) the substances and materials that are used to conduct activities in respect of the food commodity are set out and used in the manner described

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

      • (ii) in the case of a food commodity other than an aquaculture product, in CAN/CGSB-32.310 or CAN/CGSB-32.311;

    • (b) the methods that are used by the applicant, or by a person acting on behalf of the applicant, to conduct activities in respect of the food commodity and the control mechanisms that are in place meet the requirements and comply with the general principles respecting organic production that are set out

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

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

    • (c) in the case where a person packages and labels the food commodity on behalf of the applicant, the person holds a certificate referred to in subsection 348(2);

    • (d) in the case of a multi-ingredient food commodity, at least 70% of its contents are organic products and its composition meets the requirements that are set out in CAN/CGSB-32.310; and

    • (e) the information submitted in the application is complete, truthful and not misleading.

  • Marginal note:Certificate

    (2) The certification body must provide the applicant with a certificate that confirms the organic certification of the food commodity and that indicates the name of the food commodity, whether CAN/CGSB‑32.310 or CAN/CGSB‑32.312 is applicable, and, in the case of a multi-ingredient food commodity, whether at least 70% of its contents are organic products or whether at least 95% of its contents are organic products.

Marginal note:Requirement to provide information

  •  (1) The holder of the certificate referred to in subsection 345(2) must provide to the certification body the information that is set out in subsection 344(2) once every 12‑month period beginning on the day on which the certificate is issued and no later than the day that is six months before the end of that period.

  • Marginal note:On-site verification

    (2) After receiving the information from the certificate holder under subsection (1), the certification body must, no later than the end of the 12‑month period referred to in that subsection, conduct an on-site verification to determine whether the requirements that are set out in subsection 345(1) are met.

SUBDIVISION BCertification of Packaging and Labelling

Marginal note:Application for certification

  •  (1) Any person who wishes to package or label an organic product, other than a product in respect of which they hold a certificate granted under section 345, must apply in writing to a certification body for certification of the activity.

  • Marginal note:Contents of application

    (2) The application must include

    • (a) an indication of the type of organic product;

    • (b) a statement that sets out the substances and materials that the applicant will use to package or label the organic product and that describes the manner in which those substances and materials will be used; and

    • (c) a document that sets out in detail the methods that the applicant will use to package or label the organic product and the control mechanisms that the applicant will put in place to ensure that those methods meet the requirements that are set out

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

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

Marginal note:Certification

  •  (1) A certification body must conduct an on-site verification and certify the activity in respect of the packaging or labelling of an organic product if it determines that

    • (a) the substances and materials that are used by the applicant for packaging or labelling are set out and used in the manner described

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

      • (ii) in the case of a food commodity other than an aquaculture product, in CAN/CGSB-32.310 or CAN/CGSB-32.311;

    • (b) the methods that are used by the applicant for packaging or labelling and the control mechanisms that are in place meet the requirements and comply with the general principles respecting organic production that are set out

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

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

  • Marginal note:Certificate

    (2) The certification body must provide the applicant with a certificate that confirms the certification of the packaging or labelling of the organic product and that indicates the type of organic product to which it applies and the period of validity referred to in subsection (3).

  • Marginal note:Period of validity

    (3) The certification of the packaging or labelling of an organic product is valid for 12 months beginning on the day on which it is granted under subsection (1).

 
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