Canada Organic Office - Operating Manual 2008

Index

• Preface
• Overview of the Canada Organic Regime (COR)
• Definitions
• Part A: Assessment and Designation of Conformity Verification Bodies (CVB)
• Part B: Accreditation of Certification Bodies under Canada Organic Regime
• Part C: Certification of Organic Product under the Canada Organic Regime
• Part D: Use Of The Logo for Marketing, Advertising or Informational Purposes
• Part E: Consumer and Trade Complaints Related to Organic Product Claims

Preface

This Canada Organic Office (COO) Operating Manual contains policies and procedures for activities applicable to the Canada Organic Regime (COR). The manual provides overview of the procedure to be followed when CFIA and CVB enter into an Agreement, the accreditation and the certification procedures. The goal in producing this manual is to provide a structure so that services are delivered in a consistent and efficient manner.

The Organic Products Regulations (Regulations) were made pursuant to section 32 of the Canada Agricultural Products Act. The purpose of the Regulations is to establish a system by which the CFIA, as the competent authority in Canada for organic products marketed in interprovincial, export and import trade, shall regulate the use of the "Canada Organic" agricultural product legend (Legend) and organic claims. The Regulations would facilitate international market access, provide more specific protection to consumers against deceptive and misleading labelling practices, through a uniform approach to organic product certification and labelling, and support further development of the domestic market. The need for a federal regulatory regime has been identified and supported by the Canadian organic industry.

Should there be any discrepancy between the COO Operating Manual and the Regulations, the Regulations shall take precedence.

Overview of the Canada Organic Regime (COR)

The COR is a non-traditional regime for the CFIA. The Regulations provide a federal program for the regulation of Canadian organic products. The COR is designed to build on the existing system of domestic accreditation and certification. The CFIA is the competent authority that oversees the COR governing the use of the Legend. The CFIA enters into agreements with Conformity Verification Bodies (CVBs) provided these bodies meet the criteria established by the Regulations and CFIA.

For the purpose of the Regulations the CVBs are designated by the CFIA to assess, recommend for accreditation and subsequently monitor certification bodies (CBs) meeting the applicable accreditation criteria as set out in the Regulations.

The accredited CBs are responsible for the organic certification of agricultural products and organic product packaging and labelling certification. CBs employ inspectors to assess the practices of organic operators to verify that they comply with the regulations. These inspectors are referred herein as Verification Officers (VO). The VO provides the results of their assessment to their CB for evaluation. The CB, in turn, certifies as organic only those products that comply with requirements of the regulations.

In order to facilitate the import/export activities and to verify that importing country requirements are equivalent or in compliance with the COR, an Equivalency Determination between Canada and another country will be performed. Such determination may result in reducing the importing country's rate of verification and avoid additional certification in the country of origin.

The CFIA is responsible for compliance verification and enforcement of the regulations which activities include label inspections in the marketplace, and audits of CVBs.

Building on the existing organic certification system, the Regulations set out the functions of the COR's two oversight bodies: CVBs and CBs.

• Certification Body - means a body that is accredited as a CB in accordance with Section 5 of the regulations and CFIA shall accredit the applicant as a CB on the recommendation of the CVBs.
• Conformity Verification Body - means an entity that must meet the requirements set out in ISO 17011 to be able to enter into an agreement with the CFIA under subsection 14(1) of the CFIA Act to assess, recommend the accreditation of and monitor the CB.

There are five main documents that set out the mandate, requirements and policies of the Canada Organic Regime. These are:

• The Organic Products Regulations - regulations made under the authority of the Canadian Agricultural Products Act;
• The Organic Production Systems General Principles and Management Standards, CAN/CGSB-32.310, to the extent these standards are incorporated by reference into the regulations, - developed by the organic industry and the Canadian General Standards Board;
• The Organic Production Systems Permitted Substances List, CAN/CGSB-32.311 as incorporated by reference into the regulations and developed by the organic industry and the Canadian General Standards Board;
• The COO Quality Manual, and
• COO Operating Manual.

Definitions

Agency

The CFIA established by section 3 of the Canadian Food Inspection Agency Act.

Act

The Canada Agricultural Products Act as may be amended from time to time.

Audit

A systemic and independent examination to determine whether activities and related results comply with planned arrangements and whether these arrangements are implemented effectively and are suitable to achieve objectives.

CB Verification Officer

Person assigned by the Certification Body to conduct inspections and having the requisite qualifications and experience to conduct inspections for the purposes of the regulations.

Certification

The procedure whereby a CFIA accredited certification body provides written assurance that agricultural products are organic as defined in and for the purposes of the Regulations. Certification of products may be based on a range of inspection activities including verification of management practices, auditing of quality assurance systems, and in/out production balances

Compliance

The state of conformity with the law. The CFIA secures compliance with its acts and regulations through inspections and the use of statutory powers and authorities bestowed on agency officials. Inspection authorities may also use education, publication, of information and consultation with affected parties, when responding to non compliance, inspection, monitoring and auditing to verify compliance, responding to complaints of non compliance.

Canada Organic Office (COO)

A section within Agrifood division of the CFIA responsible for the administration the Regulations.

Investigation

Involves the gathering of evidence and information, from a variety of sources, relevant to a suspected violation or offence and is intended to refute the defence of due diligence and/or establish intent.

Multi-ingredient product

A type of agricultural product composed of two or more agricultural products.

Organic Product

An agricultural product that has been certified as organic in accordance with the Organic Product Regulations or that has been recognized as such under section 29 of the Regulations.

Witness audit

The COO Lead Auditor witnesses the procedures followed by the CVB auditor during the initial assessment and the monitoring of the CB

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