Cancelled organic certifications

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All organic certification holders under the Canada Organic Regime are required to comply with the Safe Food for Canadians Act and Regulations or the issued organic certificate.

Certification bodies accredited by the Canadian Food Inspection Agency can cancel a holder's certification if the holder has not complied with any provision of the Safe Food for Canadians Act and Regulations or the issued organic certificate.

2019

2018

2017

2016

2015

2014

2013

2011-12

Additional information

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 349 and 350 of the Safe Food for Canadians Regulations.

Authority for enforcement action

Part 13 of the Safe Food for Canadians Regulations

349 (1) Subject to subsection (2), the certification body must suspend a certification that is granted under section 345 or 348 if

  • (a) the holder of the certificate does not comply with any provision of the Act or this Part;
  • (b) the substances or materials that are used are other than those that are set out
    • (i) in the case of an aquaculture product, in CAN/CGSB-32.312, and
    • (ii) in the case of a food commodity other than an aquaculture product, in CAN/CGSB-32.310 or CAN/CGSB-32.311;
  • (c) the food commodity comes into contact with a substance or material other than one that is set out
    • (i) in the case of an aquaculture product, in CAN/CGSB-32.312, and
    • (ii) in the case of a food commodity other than an aquaculture product, in CAN/CGSB-32.310 or CAN/CGSB-32.311;
  • (d) the substances or materials that are used are set out but are not used in the manner described,
    • (i) in the case of an aquaculture product, in CAN/CGSB-32.312, and
    • (ii) in the case of a food commodity other than an aquaculture product, in CAN/CGSB-32.310 or CAN/CGSB-32.311;
  • (e) the methods that are used do not meet the requirements or do not comply with the general principles respecting organic production that are set out
    • (i) in the case of an aquaculture product, in CAN/CGSB-32.312, and
    • (ii) in the case of a food commodity other than an aquaculture product, in CAN/CGSB-32.310; or
  • (f) in the case of a multi-ingredient food commodity, less than 70% of its contents are organic products.
Conditions

(2) The certification body must not suspend a certification unless the holder of the certificate

  • (a) was provided with a written report that sets out the grounds for the suspension and the period within which corrective action must be taken in order to avoid the suspension; and
  • (b) failed to take corrective action within that period or, if the certification body granted an extension at the written request of the holder, within any later period specified by the certification body.
Extension of period

(3) The certification body may grant an extension of the period in which corrective action must be taken only once.

Written notice

(4) The certification body must notify the holder of the certificate in writing of the suspension and the date on which it takes effect.

Duration of suspension

(5) The suspension of a certification must be lifted if the certification body determines that corrective action has been taken.

Cancellation

350 (1) The certification body must cancel a certification if

  • (a) the holder of the certificate fails to take corrective action within 30 days after the day on which the certification was suspended;
  • (b) the holder of the certificate was not in compliance with section 15 of the Act in respect of the application made under section 344 or 347 or at any time during the period of validity of the certification; or
  • (c) while the certification is suspended,
    • (i) in the case of a certification that was granted under section 345, the holder of the certificate
      • (A) sends or conveys from one province to another a food commodity that is labelled with an expression that is referred to in subsection 353(1) or (2),
      • (B) sends or conveys from one province to another a food commodity that has on it the product legend that is set out in Schedule 9 or a food commodity in connection with which that product legend is used,
      • (C) applies or attaches to a food commodity a label that bears an expression that is referred to in subsection 353(1) or (2) or uses such an expression in the advertisement of a food commodity,
      • (D) applies the product legend that is set out in Schedule 9 to, or uses it in connection with, a food commodity, or
      • (E) conducts any activity with respect to a food commodity that is identified in the certificate, and
    • (ii) in the case of a certification that was granted under section 348, the holder of the certificate packages or labels an organic product.
Conditions

(2) The certification body must not cancel a certification unless the holder of the certificate was notified in writing of the grounds for the cancellation and was provided with an opportunity to be heard in respect of the cancellation.

Written notice

(3) The certification body must notify the holder of the certificate in writing of the cancellation and the date on which it takes effect.

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