Suspended and Cancelled Organic Certifications
All organic certification holders under the Canada Organic Regime are required to comply with the Organic Products Regulations, 2009, the Canada Agricultural Products Act or the issued organic certificate.
Certification bodies accredited by the Canadian Food Inspection Agency can suspend a holder's certification if the holder has not complied with any provision of the Organic Products Regulations, 2009, the Canada Agricultural Products Act or the issued organic certificate.
When there is non-compliance with the organic requirements, the accredited certification body provides the holder with a report that specifies the following:
- the grounds for suspension,
- the required corrective measures, and
- the period within which those measures must be implemented to avoid suspension.
Certification is suspended if the holder has failed to or is unable to implement the required corrective measures within the period specified in the report. The suspension remains in effect until the required corrective measures are implemented by the holder and verified by an accredited certification body.
Certification is cancelled by an accredited certification body if the holder is unable to implement the required corrective measures within 30 days following the day on which the certification was suspended or within any longer period allowed by the certification body under section 20 (3) of the Organics Products Regulations, 2009.
Authority for enforcement action
Organic Products Regulations, 2009
20. (1) Subject to subsection (2), the certification body shall suspend the certification referred to in section 13 or 15 if
- the holder of the certification has not complied with any provision of the Act, these Regulations or the certification;
- in the case of a multi-ingredient product, less than 70% of its contents are organic;
- the substances used by the holder of the certification are other than those set out in CAN/CGSB 32.311;
- the agricultural product comes into contact with substances other than those set out in CAN/CGSB 32.311;
- 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
- 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.
(5) The certification body shall cancel the certification if
- the application made under section 12 or 14 contains false or misleading information; or
- 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).
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