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Canadian Food Inspection Agency peer review report on UK’s organic system - 2022

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Abbreviations and special terms used in this report

CA
Competent Authority
CB
Control Body aka Certification Body
CFIA
Canadian Food Inspection Agency
COR
Canada Organic Regime
DEFRA
Department for Environment Food & Rural Affairs
UKAS
United Kingdom Accreditation Service
UKCOEA
United Kingdom – Canada Organic Equivalence Arrangement
USDA NOP
United States Department of Agriculture National Organic Program
ISO
International Standards Organization
NC
Non-Conformity
OFIS
Organic Farming Information Services
TRACES
Trade Control and Expert System

Executive summary

This report summarizes findings made during the on-site joint peer review the Canadian Food Inspection Agency (CFIA) and the United States Department of Agriculture National Organic Program (USDA NOP) conducted on the United Kingdom (UK) Organic Program in September 2022.

This is the first joint peer review of a third country's organic system undertaken by 2 countries.

The objective of the peer review was to determine the extent to which the UK competent authority demonstrates conformity with the requirements specified in the UK-Canada Organic Equivalence Arrangement (UKCOEA).

The peer review was conducted from September 20 - 28, 2022. It included meetings with the Department for Environment Food & Rural Affairs (DEFRA), Welsh Government, United Kingdom Accreditation Service (UKAS) - national accreditation body, 2 Control (Certification) bodies (CBs) and 4 organic operators.

The key elements of the peer review included the following:

1) Authorities

2) Government organization and resources

3) Enforcement and surveillance activities

The peer review determined that DEFRA has implemented a control system for the certification of organic operators that is supported by good collaboration between DEFRA, UKAS and the CBs.

This system guarantees that agricultural organic products certified under the UK Organic Regulations can be exported and marketed in Canada as meeting the terms of the UKCOEA.

This report provides a list of findings which highlight opportunities for improvement and enhancement of the implementation of the UK organic system.

The observations and findings contained in this report are based on information gathered by the joint peer review team through the Peer review questionnaire, personal interviews with personnel, and on-site observation. They represent the collective understanding of the members of the joint peer review team.

1. Background

The United Kingdom -Canada Organic Equivalence Arrangement (UKCOEA) was signed in December 2020.

As per the conditions of the arrangement, and following advance notice from the CFIA, the UK agreed to accommodate the CFIA's request to conduct an evaluation (on-site peer review) to verify how DEFRA is carrying out the requirements of the UK organic system.

The CFIA peer review was combined with the USDA NOP peer review to enhance efficient use of resources for the maintenance of the equivalency arrangement with UK and to reduce multiple assessment activities.

2. Objectives of the on-site assessment

The objective of the peer review was to determine the extent to which DEFRA demonstrated conformity with the requirements specified in the UKCOEA (December 2020).

3. Peer review criteria

The following references (regulatory requirements/standards) were considered during the on-site peer review:

4. On-site peer review protocol

The joint peer review team planned and conducted the on-site joint peer review in a manner which allowed the team to obtain sufficient information to confirm the observations and conclusions described thereafter. The on-site peer review was conducted in accordance with CFIA peer review procedure related to the Canada Organic Regime (COR) as well as the Concept paper on joint peer reviews developed by the Organic Equivalency Arrangements Working Group in 2020 and included visits to the following organisations:

Organisation Date
DEFRA and UKAS headquarters September 20, 2022
Control Body (CB) 1 – Headquarters September 21, 2022
Control Body (CB) 2 – Headquarters September 22, 2022
Livestock farm September 23, 2022
Aquaculture farm September 24, 2022
Importer/packaging facility September 26, 2022
Multi - ingredient processing facility September 27, 2022
Closing meeting September 28, 2022

As part of the on-site peer review, the joint peer review team reviewed each level of the UK Organic System (administration, supervision, certification and production) to confirm that the responsible authorities have the necessary controls in place to ensure compliance with the UK Organic Regulations. In doing so, the joint peer review team:

5. Overview of the UK organic sector

Organic farming and production has been regulated in the UK since 2001 under the Organic Products Regulation 2001. In 2002, the Government produced an Organic Action Plan as part of its Strategy for Sustainable Farming and Food, drawn up in response to the 2001 Foot and Mouth Disease epidemic.

In 2021, there were just over 5700 producers and processors registered with the organic CBs in the UK.

In 2021, the UK had a total area of 507000 hectares of land farmed organically (fully converted area and area under conversion), an increase of 3.6% compared to 2020. This increase was mainly driven by a 34% rise in the area of in-conversion land compared to 2020. The three main crop types grown organically are cereals, vegetables including potatoes, and other arable crops.  

In the organic red meat sector, sheep reared organically decreased by 1.0% to 724000 animals and accounted for 2.2% of the total UK flock. Pigs reared organically increased by 18% to 32000 animals and accounted for 0.6% of the total UK pig herd. Organically reared cattle numbers decreased by 2.7% to 296000 animals and accounted for 3.1% of the total UK herd.

According to the UK Annual report, the top three organic UK products exported to Canada are black tea ($414,500), green tea ($91,000), and coffee ($74,700).

5.1 UK organic legislation and standards

The following retained EU Regulations continue to apply in Great Britain, as amended by EU Exit legislation to ensure operability:

These regulations are enforced by The Organic Products Regulations 2009

Under the terms of the Northern Ireland Protocol, Northern Ireland continues to apply the EU organic regulations as they apply in the EU.

The following NI/EU Regulation on organics apply:

These regulations are enforced by Organic Products Regulations (Northern Ireland) 2020 No 272.

6. Implementation of the UK organic system

6.1 DEFRA Organic Team

DEFRA is a department within the government of the United Kingdom. DEFRA is responsible for establishing food and environmental policies, including the UK Organic System.

Organic Team (OT) is a section within the Farming, Food Sectors and Trade Division (FFST) of the DEFRA. DEFRA is the competent authority for the purposes of Retained Regulation (EC) 834/2007 (on organic production and labelling of organic products) and its implementing Regulations. This responsibility is shared with the Scottish Government (SG), Welsh Government (WG) and Department of Agriculture, Environment & Rural Affairs - Northern Ireland (DAERA).

DEFRA OT is responsible for:

The DEFRA OT has two sections:

  1. Domestic Organics & Environmentally Friendly Farming (EFF) policy team
  2. International organics team

6.1.1 Domestic Organics & Environmentally Friendly Farming (EFF) policy team

This section is comprised of 8 people. The section is responsible for:

6.1.2 International organics team

This section is comprised of 7 people. The section is responsible for:

As the UK Competent Authority, DEFRA operates an approval system for UK CBs involved in the following scope of activities:

DEFRA undertakes this responsibility in consultation with the Devolved Governments:

As part of the discussion with DEFRA it was confirmed that there are monthly meetings with the Devolved Governments through the Organics Four Nations Working Group (FNWG). The FNWG is coordinated by DEFRA and attended by policy representatives from each of the Four Governments.

The joint peer review team was informed that the Devolved Governments also attend the United Kingdom Organic Certifiers Group (UKOCG), which is chaired by the Control Bodies. Representatives of the Four Governments attend the full meeting. Meetings are usually held every 1-2 months, with additional meetings held on a case-by-case basis to address any emerging issues.

As part of the peer review the joint peer review team focused on the role of DEFRA in regards to supervising the CBs as well as the certification activities conducted by CBs, import controls, and controls on labelling and marketing of organic products.

It was discussed that DEFRA has been working to streamline some of the processes inherited from the EU regulatory system to allow for a more flexible and responsive way to handle their regulatory obligations while reducing costs for producers and the burden on the consumers. Some of the changes included removing the list of the accredited and recognized CBs from the regulations as well as the list of the countries with which the UK has an equivalence arrangement to an online platform gov.uk (Organic registers: lists of third countries or territories, control bodies and control authorities - GOV.UK).

6.2 UKAS role under the UK organic system

UKAS is the national accreditation body recognised by the UK Government to assess, against internationally agreed standards, organisations that provide organic certification. UKAS operates under a Memorandum of Understanding through the UK's Secretary of State for Business, Energy and Industrial Strategy (BEIS).

As a signatory to the European Cooperation for Accreditation Multilateral Agreement (EA MLA) UKAS is peer evaluated against Regulation (EC) No 765/2008, the international standard ISO/IEC 17011, and other relevant standards and related criteria. It was confirmed that the last EA peer review on UKAS was conducted remotely 10th-14th May 2021. UKAS organic program was not directly reviewed as part of this EA review.

The last internal audit specific on UKAS organic program was conducted by UKAS internal quality team on several dates in March/April 2022. The records of 4 out of 6 CBs were reviewed as part of the internal audit.

The competence, monitoring and the training of the UKAS auditors for the organic program were discussed. The training is usually done externally in collaboration with the EU. Records are maintained and were accessible for review.

The monitoring of the UKAS auditors is centralized and varies based on risks. It is done every 3 years if the risk is low.

All CBs certifying in the UK are accredited in accordance with the most recent version of ISO standard 17065:2012 by UKAS. The audits conducted by UKAS focus on the technical competence, independence, impartiality and professional integrity of the CBs.

The supervision and accreditation assessments conducted in the UK are completed by the UKAS under a formal agreement with DEFRA.

UKAS undertakes the annual surveillance and reassessment of each CB to verify that the approved CBs continue to comply with the approval requirements.

6.3 Approval and supervision of the domestic CBs

To operate in the UK, the CBs must be approved by DEFRA.

Currently there are 9 approved CBs in the UK. 3 of the CBs approved to operate in Northern Ireland are based in the Republic of Ireland. The 3 CBs approved to operate in Northern Ireland based in the Republic of Ireland are accredited to ISO/IEC 17065 by the Irish National Accreditation Body (INAB) and approved by DEFRA.

All DEFRA approved CBs are accredited for 4 years by UKAS and are subject to a set of surveillance activities including on-site and/or remote assessments as applicable. The UKAS assessment program for all CBs for 2021 was reviewed. It was confirmed that a four-year plan of witnessing activities is established to ensure all certification scopes are covered during the four-year period.

The joint peer review team selected and reviewed the last assessment report of one of the CBs to better understand how the non-conformities are formulated.

Currently DEFRA approves the CBs annually based on the UKAS reports. It was verified that UKAS submitted their latest report to DEFRA on Jan 13, 2022. The report provides a summary of the calendar year activities, determines the number of office days and witness assessments. Executive summary and recommendations for all CB assessments are included as well.

The joint peer review team confirmed that DEFRA has limited experience of accompanying the UKAS audit team during the CB office or witness audits; they have joined them when an international audit is taking place. DEFRA staff have observed a few CB inspections of operators.

DEFRA is working on re-designing their oversight of the CBs in the UK. The plan is to perform supervisory checks on the CBs, including Head Office Audits and Witness Audits covering the appropriate sectors of organic production and/or processing that each CB is approved for. It is expected that the new process will be introduced in 2023.

6.4 Approval and supervision of the international CBs

DEFRA recognized the CBs in third countries based on documentation review of a GB equivalent standard.

DEFRA confirmed that they currently retain the EU recognized CBs until the end of 2022. The list is publicly available on the Gov.Uk web site.

Over 60 applications have been reviewed by the International Organics Team. The international CBs are approved and will continue to be approved based on a documentation review only. The documentation package submitted by the CBs includes a copy of the assessment report conducted by the respective national accreditation body including all aspects required under Article 11(3)(c) of retained Commission Regulation (EC) No 1235/2008, overview of the activities, side by side comparison of the CB production standard and the UK organic standard and other relevant documents.

It was confirmed that the international CBs are assessed to equivalent GB organic standards and DEFRA does not conduct on-site audits of these CBs or other surveillance activities.

The joint peer review team expressed their interests in obtaining more information about DEFRA's process to re-design their process of approval and oversight of international CBs and the time frame.

6.5 DEFRA communication with UKAS and the CBs

DEFRA OT, UKAS and CBs hold regular meetings.

6.5.1 United Kingdom Organic Certifiers Group (UKOCG) for GB

UKOCG GB is chaired by a UK CB. Representatives of the four UK Governments attend the meetings which are usually held every 4-6 weeks. Topics have included:

6.5.2. Certification Body Technical Working Group (CBTWG)

CBTWG is organised and chaired by the UK CBs and it focuses on technical issues. DEFRA attends part of these sessions to provide technical updates, discuss and agree on proposals put forward by the CBs and take away any points that require further consideration by DEFRA and the Devolved Administrations. 

These meetings are held every other month, with ongoing interactions in between meetings as required. Topics have included:

6.5.3 Organics Expert Group

6.6 Enforcement of the UK organic requirements

The joint peer review team discussed DEFRA's authority to grant derogations under the retained EU regulations. The derogations are requested by the operators, via their CB. These are granted and recorded by the DEFRA OT. Operators are required to keep evidence of any derogations approved. The timeframe for each derogation is decided on a case-by-case basis and the only derogations issued for a fixed period of one year are for synthetic vitamins and non-organic ingredients. There are cases when an operator can ask once or twice during the year for derogations.

6.6.1 List of active operators

DEFRA OT is required to make the active list of operators available. Operators details are available by searching on BioC, however a full list of operators is only available on request.

It is the responsibility of each CB to maintain their list of operators up to date and provide the information to DEFRA.

6.6.2 Certification and supervision of operators

The joint peer review team visited the headquarters of two CBs. Both CBs have a well-developed quality system and related certification procedures. The CBs use an electronic database to save and track all certification related activities and information.

The CBs have been accredited by UKAS for compliance with ISO 17065 for many years and are subject to on-going monitoring. It was confirmed that both CBs were subject to office and witness audits in 2021.

Both CBs have well-established certification systems which allow them to schedule the operators' inspections in a timely manner while ensuring a good rotation of inspectors (every 3 years).

The joint peer review team confirmed that both CBs monitor and evaluate the performance of the staff and the assessors annually. In accordance with clause 6.1.2 of ISO 17065, both CBs have implemented procedures to ensure that on-site inspections are conducted by trained inspectors. The inspectors are subject to a formal performance monitoring process (witness audit) conducted by the CBs.

The duration of inspection varies depending on the nature and complexity of the operation. During each inspection, inspectors are required to verify the inputs used by operators. The CB explained that the onus is on the operators to use only authorized products and substances listed in the Annexes of the retained Commission Regulation (EC) No. 889/2008.

As a result of the inspections, the CB inspectors issue findings to the operator. In general the operator is given 30 days to address the Non Compliances (NC) however it depends on the nature of the NC. The CBs may extend the period. After that period, the operator is suspended for up to 3 months and certification will be cancelled if no actions were taken by the operator.

All inspectors are trained on sampling. DEFRA supplied a guidance document on sampling. Predominately grain is sampled and tested. 

The joint peer review team discussed with the CBs their role in verifying imported ingredients in multi-ingredient products. The CBs have developed an importer specific questionnaire/checklist that is used during the inspection. It was confirmed that the inspector generally verifies between 5 and 10 certificates for compliance. 

The joint peer review team verified that each CB sends an annual report to DEFRA including all derogations, new certifications and cancellations. In addition, the CBs submit annual reports with an up-to-date list of all operators and the date of the last inspection.

It was confirmed that both CBs are aware of the UK recognition (equivalency) arrangement between Canada and the UK for the purpose of imported ingredients.

6.6.3 Organic operators inspections

The joint peer review team visited one livestock farm, one Importer/packaging facility, one multi-ingredient processing facility and an aquaculture farm.

The joint peer review team witnessed 3 inspections conducted by 2 different inspectors employed by 2 different CBs.

The livestock farm is fully organic and has been certified since 2001. The farm is certified for organic beef, lamb, and grass & forage, and supply organic lamb to one of the main market chains in the UK.

Before conducting the inspections, the inspector prepared for the inspections using information provided by the CB. This included all information pertaining to the farm such as the organic system plan, past reports, organisational information of the operator etc.

It was confirmed that the last inspection at the farm was conducted in November 2021 by the same inspector.

The inspection included an opening meeting, a tour of the operation, review of relevant records, inputs verification, traceability exercise, and closing meeting. No samples were taken as part of the inspection. At the closing meeting both the inspector and the farmer signed an exit report and a copy was left with the farmer.

The inspection was witnessed by two UKAS auditors –a veterinarian and an agronomist.

The joint peer review team witnessed the closing meeting between the UKAS auditors and the inspector. It is the second time the same inspector was witnessed by the UKAS auditors.

The inspections at the Importer/packaging facility and the multi-ingredient processing facility were conducted by the same inspector and witnessed by the same UKAS auditor.

During the inspection at a processing and packing facility it was confirmed that the company packs both conventional and organic products and has 2 sites. Some of the products are imported from the EU. This was a first inspection with this inspector under this CB.

The third inspection was conducted at a bakery that produced both conventional and organic cookies and baked products.

Both the second and third inspections included an opening meeting, a tour of the operation, review of relevant records, inputs verification, traceability and mass balance exercise, and closing meeting. The inspector paid extra attention to the separation of conventional and organic products as well as the suppliers list. 

DEFRA clarfied that in the UK all importers are certified however their name and the name of their CB do not have to appear on the product label. It is the name of the CB that certified the product as organic that appears on the product label.

At the end of all inspections, the CB inspectors conducted closing meetings where they explained the procedure and the time frame for addressing the findings. The time frame is 30 days from receiving the compliance notice from the CB.

The visit to the aquaculture farm (part of the largest producer of organic Scottish salmon) was for education purposes to better understand how the operation meets the requirements of the Canadian organic standard.

6.7 Management of consumers' complaints

Retail sales of organic produce are controlled by Local Authorities using powers provided by the Organic Products Regulations 2009. General consumer protection legislation is also available to deal with selling of non-organic products as organic. DEFRA is not directly involved in consumers' complaints.

7. UK import controls for organic products

The UK import system is governed by retained Commission Regulation (EC) No 1235/2008. As per the regulations all importers in the UK have to be certified.

Currently there are two different systems for importing organic products into the UK:

All organic goods imported from third countries must have a valid Certificate of Inspection (COI).

Organic products imported from the EU, Norway, Iceland, Liechtenstein and Switzerland to Great Britain do not require a COI until January 1, 2024. This is a temporary measure to assist businesses to adjust to the changes brought about by EU Exit. There is no change to the movement of organic goods from Northern Ireland to Great Britain and a COI is not required.

The movement of organic goods from Great Britain to Northern Ireland is accompanied by a valid COI using the EU's TRACES NT.

Port Health Authorities (PHA) carry out a 100% documentary check for organic imports. If the goods can be cleared as organic the COI is signed and stamped electronically. PHAs must check that the goods have come from a recognised third country and have been certified by a recognised CB.

8. Closing meetings

A closing meeting was held on September 28, 2022 with some DEFRA officials in-person and others joining remotely. During the meeting, the joint peer review team presented a summary of the findings. The DEFRA OT had the opportunity to discuss these findings. Next steps were discussed and agreed upon.

9. Overall conclusions

10. Findings

DEFRA OT is invited to provide a response on the joint peer review team findings listed below:

  1. Based on the UK annual report 2021 and the documentation reviewed prior to the on-site visit, the joint peer review team was under the impression that DEFRA has already established direct oversight of the CBs in the UK. The on-site visit confirmed that DEFRA is currently working on the design of the oversight process. The plan is to have the process implemented in 2023.The peer review team expressed interest in being informed on the progress and the timeline moving forward.
  2. Section 7.7.1 of ISO 17065 requires the certification body to provide the client with formal certification documentation that clearly conveys or permits identification of the scope of certification. It was observed that the UK regulations (the retained EU Regulations) are not referenced in a consistent manner in the organic certificates issued by the different CBs in the UK.
  3. There is no direct oversight of the recognized CBs in 3rd countries that certify to equivalent GB standards The CB recognition is based on documentation review of the equivalent standard only. The peer review team requested that DEFRA provide an update on the status of this approach and the plan moving forward, including a timeline for decisions and the control bodies reviewed/approved.

11. Next steps

UK is invited to provide response to the findings within 30 working days of receipt of the draft report. These are included in Annex A.

The final report will be posted on the CFIA external website as per the terms of the UKCOEA.

Annex A: Summary of the UK's response to the CFIA's findings from the Peer Review Report on the UK Organic System - 2022

CFIA Observations

UK Response to Findings

  1. Based on the UK annual report 2021 and the documentation reviewed prior to the on-site visit, the joint peer review team was under the impression that DEFRA has already established direct oversight of the CBs in the UK. The on-site visit confirmed that DEFRA is currently working on the design of the oversight process. The plan is to have the process implemented in 2023.The peer review team expressed interest in being informed on the progress and the timeline moving forward.

In addition to the accreditation audits and regular communication with organic control bodies, DEFRA intended to implement direct supervision of approved organic control bodies in 2021. However due to the combination of Covid and the changes due to leaving the EU, supervision of control bodies in 2022 has continued to be conducted by UKAS under a formal agreement with DEFRA

DEFRA is scoping out the direct supervision of control bodies which will be based on requirements provided in Articles 92c and 92e of Retained Commission Regulation (EC) 889/2008. This supervision is anticipated to compliment the work undertaken by UKAS on DEFRA's behalf.

To enable effective supervision of the control bodies, DEFRA staff are undergoing a series of training activities, hosted by UKAS, including:

  1. UKAS ISO17065:2012 Awareness training
  2. UKAS Preparing for an assessment
  3. UKAS The Art of Assessing and how to report appropriately
  4. Observing UKAS accreditation audits

We anticipate that direct supervision of control bodies by DEFRA will be conducted during 2023 onwards, this will include a combination of office audits and witnessing control body inspections of operators.

Between 2019 and 2021, DEFRA staff supported the organic control bodies to submit applications for recognition of equivalence to the EU. This included DEFRA staff visiting the control bodies offices in 2019 and assessing the documents, processes and procedures that formed part of their technical dossier.

In 2022, DEFRA staff observed some inspections of organic operators conducted by organic control bodies.

DEFRA staff have observed witnessed UKAS audits both remotely and in person as part of international audits between 2018-2022.

  1. Section 7.7.1 of ISO 17065 requires the certification body to provide the client with formal certification documentation that clearly conveys or permits identification of the scope of certification. It was observed that the UK regulations (the retained EU Regulations) are not referenced in a consistent manner in the organic certificates issued by the different CBs in the UK.

We now require all our Control Bodies to submit their certificate templates to Defra for approval. The certificates must include all the information contained in the template provided in Annex XII of Retained Commission Regulation 889/2009 and include details of the retained organic regulations, rather than simply references to individual organic control body standards.

Whilst this change is being implemented, details of all UK approved operators and their certificate, produced in line with Annex XII of Retained Regulation 889/2008 continues to be available on the BioC database.

  1. There is no direct oversight of the recognized CBs in 3rd countries that certify to equivalent GB standards. The CB recognition is based on documentation review of the equivalent standard only. The peer review team requested that DEFRA provide an update on the status of this approach and the plan moving forward, including a timeline for decisions and the control bodies reviewed/approved.

When the UK left the EU, we rolled over the recognition of third country control bodies as we retained the EU regulations. These control bodies were recognised on the basis that they were accredited to certify products to an equivalent EU standard.

Following the comprehensive review of third country control body re-applications to be recognised to equivalent GB (Great Britain) organic standards from 1st January 2023, DEFRA have approved those third country control bodies where equivalence was demonstrated. The review process also led DEFRA to remove recognition of several third country control bodies as they either did not meet the rigorous criteria set out in the regulations or provide the necessary information. We are also now considering which third countries/ third country control bodies should be targeted for on-site audits. On-site audits will be conducted by the Organic Teams and will be completed on a risk-based approach.

New applications for recognition will be reviewed in depth and factors such as other existing or lapsed recognitions/ certifications will be taken into consideration. Annual reports are required to be submitted by 28 February each year.

DEFRA will continue to monitor these control bodies and carry out necessary reviews if issues arise.

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