2009 Organic Products Regulations - Questions and Answers

Q1 What do the Organic Products Regulations do?

The regulations require mandatory certification to the revised Canadian Organic Standards (Canadian Organic Production Systems Standards: General Principles and Management Standards and the Permitted Substances Lists) for agricultural products represented as organic in import, export and inter-provincial trade, or that bear the federal organic agricultural product legend (or logo).

The regulations came into effect on June 30, 2009.

Q2 Are non-food products, such as aquaculture products, cosmetics, fibres, health care products, etc., included in the Canada Organic Regime?

The regulations apply only to food products, animal feed and products used for the cultivation of plants. Each sector not included in the application of the regulations may continue to make organic claims. However, these products must also meet all other relevant federal legislation

Q3 How is the Canada Organic Regime structured?

The Canada Organic Regime is based on a third-party service delivery model.

The Canadian Food Inspection Agency (CFIA) was established as the competent authority providing oversight to the system.

Conformity Verification Bodies assess certification bodies to determine if they meet the established criteria prior to recommending that they be accredited by the CFIA. They also monitor accredited Certification bodies for ongoing compliance.

On-farm and facility organic production system verification are conducted by third-party verification officers employed by accredited certification bodies.

Compliance verification and enforcement activities are carried out by the CFIA.

Q4 How do the regulations affect the organic industry?

All persons whose products bearing organic claims in inter-provincial and import trade, or who wish to use the legend are required to comply with the regulations. Certification to the Canadian Organic Standards is mandatory for such products.

There is no significant impact anticipated for stakeholders who are presently certified to the voluntary Canadian Organic Standards.

Q5 Are certification bodies identified on product packaging?

Organic operators are required to place the name of their Certification Body on organic product packaging, in accordance with the labelling provisions in the regulations.

Q6 Are there fees for participants in the Canada Organic Regime?

No fees relating to CFIA services or activities are anticipated for the participants in the Canada Organic Regime at this time. The establishment of any future cost-recovery scheme or fees for participants would first be subject to broad consultation with stakeholders.

Q7 What are the requirements for exported products?

Exported products are required to meet the requirements of the importing country. Exported products that do not meet the requirements of the regulations, may not be marketed in Canada, and may not bear the organic agricultural product legend. The re-entry of these products into Canada, as organic, is prohibited.

Q8 What are the requirements for imported products

Under the regulations, organic products may be imported under the following conditions:

1. Certified to the Canadian Organic Standard;
2. Certified as organic in accordance with an agreement, entered into with another country, regarding the importation and exportation of organic products; and
3. Certified as organic in accordance with an agreement, described above, by a certification body recognized by a country referred to above.

All importers of organic products must be able to demonstrate, at all times, that the imported product conforms to the import requirements set out above. The importers must retain all documents attesting to this fact. These documents will be verified by CFIA inspectors.

Q9 How are negotiations for import/export agreements handled under the regulated system?

Negotiation of acceptance of the Canada Organic Regime with Canada's trading partners is the responsibility of the Government of Canada and has been initiated on a priority basis with our key trading partners.

On June 17, 2009, the Government of Canada entered into an agreement on the trade of organic products with the United States.

During the week of June 20, 2011, the Government of Canada entered into an organic equivalency arrangement with the European Union.

Q10 Should there be differences identified in these information exchanges, how will they affect acceptance of the Canadian provisions?

The Government of Canada is seeking comments from the Canadian General Standards Board's (CGSB) Technical Committee for Organic Agriculture on any differences identified. These comments will assist the Government of Canada in negotiating recognition of the Canadian provisions by its trading partners.

Q11 Was the Canada Organic Regime developed to meet the requirements of our trading partners?

Yes. The requirements of our trading partners were considered by the CGSB committee members during the revision process to the organic standard. The structure of the Canada Organic Regime was developed to be in keeping with the organic regulatory systems of our key trading partners.