1	The Canadian Organic Standard WHAT YOU NEED TO KNOW KATHERINE DIMATTEO, WOLF, DIMATTEO + ASSOCIATES MATTHEW HOLMES, ORGANIC TRADE ASSOCIATION IN CANADA
2	What you need to know
3	"Objectives are Parallel" Objectives are Parallel Regulations are Comparable Canadian Structure is Complex Mechanisms are Similar Mutually Motivated Leadership Recognition Agreement in Place US has Recognized Standards Council of Canada (SCC), Quebec, BC
4	Why Regulate in Canada? Canadian sector has wanted this for years – Canadian voluntary standard first published in 1999 Government cost-benefit analysis and extensive consultations with the sector Other factors in government’s decision: Protect consumers against deceptive and misleading labelling practices Continued market access Development of domestic market Level playing field for domestic and imported products
5	Canada: Timelines Final Organic Products Regulations (OPR) published in Canada Gazette December 2006 first planned to come into effect December 2008 amended OPR to be Gazetted Full implementation now delayed until June 30, 2009 Transition / “stream of commerce” still being defined Recognition of conformity verification bodies, designation of certifiers, not yet official
6	“Canadian Organic Regime” Comprised of multiple pieces: Organic Products Regulations (OPR) Organic Productions Systems General Principles and Management Standards Permitted Substances Lists (PSL) Quality Management System (QMS) Manual Revised June 20, 2007
7	"Build on existing system (..." Build on existing system (third-party service delivery for accreditation and certification) Under authority of Canadian Agricultural Products Act Canadian Food Inspection Agency (CFIA) administers the program and accredits the certifiers via third-party accreditors: “Conformity Verification Bodies” Canadian General Standards Board (CGSB) publishes industry-written standards can be perpetually maintained without opening the Regulations
8	Canadian Standards Canadian standards are stand-alone Standards are separately owned by organic sector (accredited, copyrighted) Written, amended and interpreted by organic sector Working Groups structure Transparent, open to observers Consensus-based decisions, balloting Funding structure for amendments uncertain Regulations reference Standards (incl. Permitted Substances List)
9	Scope: limits and future direction OPR covers interprovincial and international trade only; provinces retain agricultural jurisdiction Level playing field? Confusion? Federal labeling enforcement within provinces? New OPR specifically limit scope to food and feeds Non-food currently not covered by regulation Different government authorities & department oversight No clear standards in place for some later processes (e.g. fibre) Products outside scope can make truthful third-party organic claims until national standards in place and regulatory scope is expanded
10	Labeling organic Seal use, identification of certifiers and organic ingredients similar in US & Canada Imported products choosing the seal must declare “product of” or “imported” in close proximity The word “organic” may only appear on the front panel of the top two categories: > 95% = “Organic” (no “100% Organic” label) > 70% = “made with x% organic ingredients” Or: ingredient list (no other organic claim, certifier or seal) In >70%, same ingredient can’t be organic and non-organic All additives & processing aids remaining in product must be listed on ingredients list
11	Canadian labeling: general Mandatory bilingual (English and French) for certain label elements, including organic claims Mandatory nutritional labeling panel (different than US) Some import/country of origin information required SKUs are different! Grades are different!
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13	Comparison of US & Canada Organic Programs US & Canada Prohibit Irradiation GMOs Sewage Sludge
14	Crops and Livestock Overview Generally Parallel Standards Discussion Points Transition Periods Parallel Production Specialty Crops Manure Feed Animal Welfare & Health Care Antibiotics Stocking Rates
15	Comparison of Organic Crop Programs Transition Both Require Three Years From Use Of Prohibited Materials Canada Requires Application of Standards for 12 Months Prior To Sale Of Crop US Allows Parallel Production Of Same Crops Both Allow Split Operations Canada Requires Full Transition To Organic
16	Variances in Organic Programs Canadian Detailed Standards Apiculture Maple Products Mushroom Sprouts Greenhouse Wild Crops
17	Compost & Manure Compost Requirements US & Canada basically similar Canada – compost tea Canada – plant & animal matter must not have residues of prohibited substances Manure Requirements From on-farm, then organic farm or non-organic if not from totally caged operations Organic manure application program
18	Organic Livestock Comparison Origin of Livestock Similar Feed US Requires 100% Organic Feed Canada Allows 80% Organic Feed First 9 Months of Transition for Dairy Herd
19	Organic Livestock Objectives are Similar Animal Welfare US – Less Prescriptive Canada – Specifies Stocking Rates, Pasture And Housing Requirements Canada - Specifies Transport And Handling Of Livestock
20	Organic Livestock Comparison Health Care US Antibiotics prohibited for all animals. Parasiticides prohibited for meat animals CANADA Prohibits Antibiotics in meat animals Allows Parasiticides in Livestock (conditional)
21	Variances in Organic Programs Canada Allows Other Compliance Verification Bodies To Audit Certifiers and Recommend Accreditation To Canada Organic Standard US Residue Testing – Over 5% Of US EPA Tolerance, Can Not Be Sold As Organic
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23	Processing and Handling Few technical differences Food Contact Sanitizers – will they be allowed in wash water? All materials for cleaning, disinfecting and sanitizing must be on the Permitted Substances List including those that do not come in contact with food.
24	Comparison of National Lists Open vs. Closed Materials Lists US – all naturals allowed unless prohibited, all synthetics prohibited unless allowed Canada – only natural and synthetic materials on Permitted Substance List allowed Organic Preference For Agricultural Materials Unless Commercial Unavailable Material Annotations Restrict And/Or Clarify Specific Uses Of Materials
25	Inputs/Materials/Substances Similar but Organic Feed Supplements not on PSL No materials listed for crops that only grow outside Canada – pineapple, cotton Natural Sodium Nitrate - prohibited in Canada, restricted use in US Boiler water chemicals not on PSL but on NOP National List as additives Natural colors allowed on PSL
26	Inputs/Materials/Substances Open items Some PSL listed materials need pesticide approval and registration Inerts Who decides commercial availability
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28	Definitions Equivalence The acceptance that different standards or technical regulations on the same subject fulfill common objectives Compliance (Conformity) Determining directly or indirectly that relevant standards or technical regulations are fulfilled Recognition Arrangement (either unilateral, bilateral, or multilateral) for the use or acceptance of conformity assessments
29	Definitions Conformity Assessment Any activity concerned with determining directly or indirectly that relevant technical requirements are fulfilled Harmonization The process by which standards, technical regulations and conformity assessment on the same subject approved by different bodies establishes interchangeability of products and processes
30	Japan/US agreement Japan MAFF/USDA NOP Export Agreement - Japan (MAFF) recognizes USDA's NOP rules meet the requirements of the Japanese Agricultural Standards. - One NOP allowed substances excluded - Export certificates issued by NOP accredited certifier that have been authorized - Unique identification numbers assigned to each export certificate
31	USDA NOP Agreements Recognition Agreements Recognizes these foreign government conformity assessment programs sufficient to ensure conformity to the USDA NOP standards British Columbia Standards Council of Canada Denmark India Israel New Zealand Quebec United Kingdom
32	European Union Agreements Recognition Agreements European Commission has recognized that a few third countries operate production rules and a system of inspection compliant to that operating within the EU. - ISO 65 or EN 45011 accreditation required. Argentina Australia Costa Rica India Israel Switzerland New Zealand
33	Equivalency Negotiations US/EU – 2004/2005 - Equivalence with certain exceptions - Negotiations failed due to livestock standards Canada/US – 2008 - Two meetings to date - Recognition of accreditation & oversight and standards compliance or full equivalency?
34	Thank you www.ota.com www.ota-canada.ca mholmes@ota.com 613.482.1717