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INFORMATION SESSION Canada Organic Regime

INFORMATION SESSION Canada Organic Regime. 2011. Organic Products Regulations, 2009 (OPR). Came into effect June 30, 2009 Objectives Effective consumer protection against deceptive and misleading labelling practices Continued market access Development of the domestic market

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INFORMATION SESSION Canada Organic Regime

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  1. INFORMATION SESSION Canada Organic Regime 2011

  2. Organic Products Regulations, 2009 (OPR) • Came into effect June 30, 2009 • Objectives • Effective consumer protection against deceptive and misleading labelling practices • Continued market access • Development of the domestic market • - Creating a level playing field for organic products

  3. Organic Products Regulations, 2009 • Part I: Verification and Certification Bodies • Provides the framework for third party verification • Part II: Certification • Incorporates, by reference, the Canadian Organic Standards* • Part III: Labelling • Sets out the permitted labelling claims • Part IV: Inter-provincial and International Trade • Provides the authority for Canada to enter into equivalency agreements with foreign countries

  4. OPR 2009 • Logo: • Use of the logo is voluntary • Only for products with 95% or more organic ingredients • Imported products use….country of origin

  5. Scope of the OPR • Products included in the scope of the regulations must: • Meet the definition of “agricultural product” in the Canada Agricultural Products Act • Have a national production standard* developed through a stakeholder-consensus process • Be a commodity that the CFIA regulates • Excluded: Pet food, health care products, fertilizer, aquaculture, textiles, furniture

  6. CGSB/Organic Technical Committee Organic Products Regulations CGSB Organic Standard DFAIT CFIA Canada Organic Office Conformity Verification Bodies Import-export agreements with Foreign Countries AAFC Operating Manual (QMS) Certification Bodies Foreign Competent Authorities CB Operators Domestic organic products Imported organic products Province CFIA Operations CFIA Commodity Programs

  7. Lines of communication • The line of communications: CFIA – CVBs-CBs • The CFIA (Canada Organic office) has established lines on communication to ensure that all the CB receive the information . If you (CB) have any questions/ requests please send them to your CVB. If the CVB cannot address them, it will get an answer from CFIA and communicate it back to all the CBs.

  8. CFIA – Agri-Food DivisionCanada Organic Office

  9. Canadian Organic Standards • OPR 2009 Incorporate by reference the Canadian Organic Standard • To claim organic a product must be certified to the standard • The Organic Standards are updated by the Committee on Organic Agriculture • The Canadian General Standards Board (CGSB) manages the maintenance of the Organic Standard • Most recent version published in November 2009 • 5th ballot under way (Meeting in Jan. 2010)…next publication March 2011 • Initiated the development of the Standard Interpretation Document….SIC

  10. Canadian Organic Standards • The Canadian Organic Standards are incorporated by reference into the OPR • ● Wording of the Standards is incorporated as though it is part of the statute • ● Incorporation is dynamic; most recent version applies • ● Industry defines the organic requirements under the through the CGSB Standards Development Process • ● CGSB is accredited by the Standards Council of Canada as a National Standards development organization

  11. CGSB Organic Technical Committee CGSB OTC Chair Crops Working Group Processing PSL Honey, Mushroom, Sprout, Greenhouse, Maple and Wild crop Working Group Livestock Working Group

  12. Standards Interpretation Committee- Mode of Resolution Questions from CBs, CVBs Operators COO Std Officer And Chair Input from experts or Working groups Straight forward: Direct response Complex: Interpretation committee Posted for comment Consensus No consensus CGSB to amend Standards Final interpretive response posted

  13. Structure of the COO Operating Manual • PART A ASSESSMENT AND DESIGNATION OF CONFORMITY VERIFICATION BODIES • PART B ACCREDITATION OF CERTIFICATION BODIES • PART C CERTIFICATION OF ORGANIC PRODUCT AND CB REQUIREMENTS • PART D USE OF THE CANADA ORGANIC LOGO • PART E CONSUMER AND TRADE COMPLAINTS RELATED TO ORGANIC PRODUCT CLAIMS • PART F REQUIREMENTS FOR GROWER GROUP CERTIFICATION OF ORGANIC PRODUCT UNDER THE CANADA ORGANIC REGIME • PART G INTERPRETATION OF ORGANIC STANDARDS

  14. Part B – Accreditation of Certification Bodies • Part B outlines the accreditation procedure for CBs responsible for the organic certification of agricultural products under the COR and the requirements for the certification bodies. • The CVB shall ensure that CBs seeking CFIA accreditation to certify products under COR demonstrate conformance to ISO/IEC Guide 65 in addition to the requirements of COO Operating Manual.( OPR Section 5) • The CFIA accredits the applicant CB on the recommendation of the CVB (OPR Section 6) • The CFIA shall provide the accredited CB with an accreditation number ( OPR Section 6)

  15. Part C – Certification of Organic Products and CB requirements • This section provides information about the certification cycle, including application for certification, evaluation, decision on certification and continuation of the certification under the Canada Organic Regime (COR). • Documents the requirements applicable to accredited CBs during initial, surveillance or reassessment audit conducted by the CVB.

  16. Application for Certification of Agricultural Product • Section C2 .1 • CB shall verify that application for certification complies with Section 12 • The application is made within 12 month upon the day on which the product is to be marketed • The application shall contain a) the name of the agricultural product b) for multi- ingredient product a statement setting out the 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 d) A report setting out in details the methods used in the products and processing of the product

  17. Certification of Packaging and Labelling activities • Packaging and labelling activities that take place following the certification of an organic products are subject to certification, when marketed intra provincially or internationally.( Section 14 &15, OPR) • Examples: • Organic bulk honey packaged and labelled in jars • Retail re-packing and labelling of organic product • Packing and labelling of produce

  18. Verification • Section C.2.2 From COO Operating Manual (Procedure for organic certification OPR Part 2, Section 13) • The CB shall evaluate the products of the applicant against the requirements set out in CAN/CGSB-32.310 and CAN/CGSB-32.311. ( OPR Sections 11 & 13)

  19. On-site inspection • Section C 2.3 • The CB shall ensure that the VO verifies that changes in the standards and requirements of the CB have been effectively implemented by the operator. • Directive10-03 • Directive 10-07 • Timing of the on- site inspection ( C 2.4) • Important : • The inspection shall be carried out at time when the products that are targeted for certification are being processed

  20. Report of inspection findings and Notification of Non-compliance • The Verification officer prepares a report of inspection findings which is discussed with the operator during the closing meeting. • Requirements for this report of findings is described in C 2.5.1

  21. Organic certificates • The CB shall issue documents to the applicant confirming the organic certification of the product-( C2.7.2 COO Operating manual /OPR section 13(2) • What to include in the organic certificate ? • ( C2.7.2 COO Operating manual) • Important : • 1) Date on which the certification is issued • 2) Date by which the operator shall submit application for subsequent annual inspection: • Certificate does not expire however the holder of the certificate shall apply annually to continue the certification and avoid suspension and cancellation.

  22. Suspension and Cancellation • Suspension and Cancellation are covered under OPR Section 20 • The CB shall suspend a certification when the holder of the certification has not complied with any provision of the Act, these Regulations or the certification. • No certification shall be suspended unless the certification body has taken the steps as described in 20 (2). • No certification shall be cancelled unless the certification body has taken the steps as described in 20 (6).

  23. Third Party Verification • The CFIA as the competent authority: • Designates conformity verification bodies to monitor certification bodies • 6 CVBs designated - one other is being assessed • CFIA accredits Certification bodies to certify organic products • The list available on the CFIA website • 21 CBs in Canada, 43 CB all together, more than 70 countries covered • Administers the OPR • Enforces the OPR- i.e. certification

  24. Permitted Labelling Claims • The Regulations allow for specific organic claims: • “Organic” Organic products with organic content of greater than 95% may be labelled organic and bear the Logo • “% organic ingredients” Multi-ingredient products with 70%-95% organic product content may have the declaration: “% organic ingredients” • “Declaration in the ingredient list” Multi-ingredient products with less than 70% organic content may identify the organic products it contains in it’s ingredient list. • In addition: • The name of the Certification Body must appear on the label • Imported products must be identified as such

  25. Permitted Organic Claims • The OPR allow for specific organic claims which are based on the organic content of the product: Organic and/or organic content greater than 95% % Organic Ingredients organic content between 70% - 95% Only in the ingredient list organic content less than 70% X X • The name of the Certification Body • must appear on the label • If a multi-ingredient organic product, the organic • Ingredients must be declared in the ingredient list.

  26. Non – permitted Claims • 100% Organic • There is no provision for this claim under the OPR • All products with an organic content of 95% or greater are considered organic and may be labelled with the word “organic” • Certified Organic • This claim is considered misleading as it implies a false uniqueness • All organic products, under the Canada Organic Regime, must be certified by a CFIA accredited certification body.

  27. Non – permitted Claims • Made with Organic X • This claim is not permitted as it does not indicate the actual organic content of the product. Products with an organic content of 70% to less than 95% may bear the claim “x% organic ingredients.” Transition Organic • This is considered misleading as consumers could believe that it is the same thing as organic when it is not. Permitted for Use in Organic Agriculture • This is considered misleading as it implies that the product has been approved under the oversight of the CFIA when this is not the case.

  28. CB Role in the Verification of Organic Claims • CB - responsible for ensuring that the Canadian Organic Logo is available to producers which products are properly certified. • CBs- will review and assess the labels for compliance with the Organic Products Regulations. • CBs- will advise the operator the requirements of the OPR including organic claims. • CBs- may request corrective actions if the holder of the certification has not complied with any provisions of the OPR including labelling and advertising requirements. • CBs- will notify the CVB is case of discrepancy in the interpretation of the OPR labelling requirements.

  29. Import-Export Agreement (Equivalency) • The OPR allow for Canada to negotiate import-export agreements with foreign countries • An import-export agreement that deems both the foreign country's conformity assessment system, as well as its standards, as being equivalent to requirements of the domestic regulations. • Under this scenario, an imported product would be certified through the foreign country's conformity assessment system to the foreign standards (with exceptions where applicable) and would be considered to meet the importing country's requirements.

  30. Import Control • 80% of organic products in Canada are imported • Imported products have to comply to OPR requirements • Compliance to Canadian organic standards…certification and accreditation requirements • Compliance to a system deemed to be equivalent • Upstream controls are encouraged…more efficient…..control and enforcement at origin = less work at destination

  31. Labelling requirements under the US/Canada Organic Equivalence Arrangement • The labelling requirements are non-negotiable • The products have to meet the labelling requirements of the country in which they are intended for sale.

  32. Access to the Canada and NOP Organic Logos • The Canadian Organic Logo is available to producers through Canadian Food Inspection Agency accredited Certification Bodies or though United States Accredited Certifying Agents recognised under the US-Canada Organic Equivalence Arrangement. • The United States Department of Agriculture's Organic Seal may be downloaded from the National Organic Program web page

  33. Equivalency • Steps: • Submission/application • Document exchange • Comparison of each country’s regime: • Administration • Regulations • Accreditation and Certification • Standards and PSL • Monitoring and Enforcement • Negotiate list of variances • Agree on the variances • Prepare agreement • Signing of agreement

  34. Implementation • Monitoring and Enforcement • CFIA commodity inspection programs have integrated the verification of organic claims into their inspection activities • Label verification decision tree has been developed to assist the programs with the integration • CFIA inspectors are trained for verifying organic claims for compliance with the OPR • Verifications done at retail, establishments and importers. • Complaints procedures are established for product and CBs.

  35. Dealing with Complaints • Complaint against a CFIA accredited CB • Every complaint regarding accredited CBs shall be dealt with by the CVB monitoring the CB • Complaint against an operator under COR • Every complaint concerning a COR Operator shall be forwarded by the CVB to the CB that certified products together with all supporting evidence. • Complaints against an organic products certified by a CFIA accredited CB The CB shall use its established complaints mechanism to deal with the issue without any intervention from the Conformity Verification Body or the Canada Organic Office. The COO may at any time during the CB investigation request update on the complaint through the CVB.

  36. COR: PRIORITIES: 2010-2011 • Staffing of COO • Review of Regulations…compile comments • Maintenance of Organic Standards…including interpretation • Oversight activities of CVBs and CBs (3nd round) • Organic Equivalency Arrangements with Foreign Countries • Peer review of Foreign Organic Regimes • Participation in Standards or Regime international harmonization activities (i.e. IFOAM, ICOA, ect…) • Development of the Organic Informatics Management System (with AAFC) • Public Awareness Campaign • Develop options for intra-provincial organic controls(i.e. Manitoba option)

  37. References and Contacts • Organic Products Regulations: • CFIA Website: www.inspection.gc.ca • Canada Gazette Website: www.canadagazette.gc.ca • send comments to : OPR.RPB@inspection.gc.ca • Organic Production Systems Standards: • Canadian General Standards Board Website: • www.pwgsc.gc.ca/cgsb • Contact: • Michel Saumur, Manager, Canada Organic Office • (613) 773-6218 michel.saumur@inspection.gc.ca

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