Canada Organic Regime: Stream of Commerce and Enforcement Policy

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Update

This policy was updated on December 17, 2009. See section 7.3 for further details. Questions may be sent to OPR.RPB@inspection.gc.ca

1. Purpose

To establish the Canadian Food Inspection Agency's (CFIA) strategy for managing the transition from a voluntary organic certification system to the proposed mandatory organic certification system. The new regulatory regime comes into effect on the coming into force date (June 30, 2009) of the Organic Products Regulations (the Regulations).

2. Scope

The Stream of Commerce/Compliance and Enforcement Policy (hereinafter referred to as the Policy) applies to products outlined in section 2 of the Regulations that are represented as organic in inter-provincial and international trade. Those commodities excluded from the scope of the Regulations, such as; fertilizers, cosmetics, and textiles and those commodities excluded from the scope of the Canadian Agricultural Products Act (CAPA), such as products for intra-provincial trade and aquaculture are not subject to this policy.

3. Background

The Regulations require that products represented as an organic product, as defined in the Regulations, in inter-provincial and international trade or bearing the organic agricultural product legend be certified by a CFIA accredited Certification Body (CB) to the Canadian General Standards Board's Organic Production Systems General Principles and Management Standards and Organic Production Systems Permitted Substances Lists (the Canadian Organic Standards)

When the Regulations come into force, all organic products, (produced after the coming into force date) must be certified in accordance to the Canadian Organic Standards by a CFIA accredited CB, unless they are imported from a country with which the CFIA has entered into an agreement regarding the importation and exportation of organic products (e.g. an equivalency agreement) and are certified to be in conformity with the agreement by a certification body recognized by that country. The CFIA, as the competent authority, will be evaluating the practices of Conformity Verification Bodies (CVB), including their accreditation evaluation criteria ISO 17011, for uniformity and consistency to verify that CBs are all evaluated according to the same principles and on the same basis.

Many products (domestic and imported) are currently certified voluntarily to organic standards; however, it has been determined that additional adjustment time is required to adapt their systems to the Canadian Organic Standards and the mandatory scheme. The CFIA recognizes that some organic operators will need time to make the necessary adjustments to achieve full compliance with the new requirements. As such, the CFIA has developed this Policy so as not to impede organic trade following the coming into force of the Regulations, while at the same time having controls to correct non-compliance, and providing protection to consumers.

4. Statement

The CFIA proposes to implement this Policy for two years, following the coming into force of the Regulations. During this period, enforcement guidelines will be based on an educational approach, where the operator will be advised of the issues of non-compliance. The CFIA may request that the operator make corrections and the operator will be encouraged to have a plan in place to indicate how and when deviations will be corrected. Enforcement measures, during this period, will be designed to minimize the impact upon trade during this two-year period. Enforcement guidelines will be developed for CFIA inspectors in consultation with the commodity programs, operations and Enforcement and Investigation Services (EIS). These will be part of the training module.

5. Authority

Section 16 of these Regulations also provide for the integration of organic products, certified before the coming into force date, into the Canada Organic Regime.

Section 16 PREVIOUSLY ISSUED CERTIFICATIONS

Any certification issued before the coming into force of these Regulations by a certification body whose accreditation is recognized under section 4 is deemed to have been issued under these Regulations.

6. Enforcement Actions for Products entering the Stream of Commerce, and represented as organic, prior to June 30, 2009.

1. Products represented as organic and certified to CGSB Standard, prior to June 30, 2009, and that meet the requirements set out in 16 of the Regulations.

• These products comply with the Regulations and may bear the organic agricultural product legend.
  • In this case, any Organic certification in place before the coming into force date will be recognized within the COR until the next scheduled verification is required by the operator's CB.

2. Imported products represented as organic and certified in accordance with the requirements set out in section 27 (i.e., terms and conditions of an import/export agreement) of the Regulations.

• These products comply with the Regulations and, depending upon the terms and conditions of the import/export agreement, may bear the organic agricultural product legend.
  • Organic certification under the terms of import/export agreement, that is in place before the coming into force date, will be recognized within the COR until the next scheduled verification is required by the operator's CB.

3. Products represented as organic, but not certified.

• These products do not comply with the regulations and may not bear the organic agricultural product legend.
  • Enforcement Actions will include education and/or request to correct. The owner of the product will be asked to provide: evidence that the product is organic; and planned corrective actions to bring product into compliance, as per the compliance and enforcement guidelines.

4. Products represented as organic, but certified to a standard other than the Canadian Organic Standard, and not subject to an import/export agreement.

• These products comply with the regulations and may bear the organic agricultural product legend.
  • So that their products may continue to the bear the logo, the operator must be able to demonstrate that they are working with their certification body to comply with the Canadian Organic Standards.

5. Products represented as organic, but certified by an organisation that is not accredited by the CFIA.

• These products do not comply with the regulations and may not bear the organic agricultural product legend.
  • Enforcement Actions will include education and/or request to correct. The owner of the product will be asked to provide: evidence that the product is organic; and planned corrective actions to bring product into compliance, as per the compliance and enforcement guidelines.

7. Enforcement Actions for products entering the Stream of Commerce, and represented as organic, after June 30, 2009.

1. Products represented as organic in accordance with the Regulations (including the terms and conditions of an import/export agreement).

• These products comply with the Regulations and may bear the organic agricultural product legend.

2. Products represented as organic, but not certified.

• These products do not comply with the Regulations and, may not bear the organic agricultural product legend.
  • Regular compliance and enforcement actions will apply.

3. a) Products represented as organic and certified by a CFIA accredited certification body, to a standard that has been developed and ratified by a Canadian governmental authority.

• These products comply with the Regulations and may bear the organic agricultural product legend.
  • It must be noted that the organic operator, with the help of their Certification Body, must begin work to comply with the Canadian Organic Standards by the time this policy expires.

3. b) Products represented as organic, but certified to a standard, other than the Canadian Organic Standard, by an organisation that is accredited by the CFIA.

• These products do not comply with the regulations and may not bear the organic agricultural product legend.
  • Enforcement Actions will include education and/or request to correct (that is, plans of the organisation to obtain CFIA accreditation). The owner of the product will be asked to provide: evidence that the product is organic; and planned corrective actions to bring product into compliance, as per the compliance and enforcement guidelines.

4. Products represented as organic, but certified by an organisation that is not accredited by CFIA.

• These products do not comply with the regulations and may not bear the organic agricultural product legend.
  • Enforcement Actions will include education and/or request to correct. The owner of the product will be asked to provide: evidence that the product is organic; and planned corrective actions to bring product into compliance, as per the compliance and enforcement guidelines.

8. Conclusion

The Agency will verify compliance and enforce these Regulations in accordance with its statutory authorities, including those found in the Canadian Agricultural Products Act. Compliance and enforcement activities will include, product label reviews; imported product verification, and responding to consumer complaints via onsite inspections where required. Owners of products not permitted to bear the organic agricultural product legend will be given a time-frame by which the legend must be removed from the product label.

Following the expiration of this Policy the CFIA will implement more stringent enforcement activities.

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