November 16, 2006
Dr. Bashir Manji,
Canadian Food Inspection Agency
59 Camelot Drive
Ottawa, Ontario K1A 0Y9
RE: Canada Gazette I, Volume 140, No. 35, September 2, 2006, Organic Products
Dear Dr. Manji,
The Organic Trade Association, founded in 1985, is North America’s only business membership association focused exclusively on the organic food, fiber and personal care products sector. OTA represents members operating in Canada as farmers and ranchers, processors, distributors and retailers. The mission of the Organic Trade Association is to promote and protect the growth of organic trade to benefit the environment, farmers, the public and the economy. OTA envisions organic products becoming a significant part of everyday life enhancing people’s lives and the environment.
OTA is pleased to have the opportunity to review and comment on [see attached] the proposed national Canadian organic regulation, having supported and participated in its development. OTA applauds the Canadian Food Inspection Agency and Agriculture and Agri-Food Canada for consulting with the organic producers, manufacturers, retailers and certifiers to develop this proposed regulation.
OTA believes that it is vital that a strong and mutually respectful working relationship is established between the government bodies that develop and enforce regulations and the industry that must work under those regulations. We have already been working to establish that relationship and offer OTA’s comments in furtherance of that objective.
OTA agrees that an effective regulation will “facilitate international market access, provide protection to consumers against deceptive and misleading labelling practices and support the further development of the domestic market,” as stated in the Introduction to the Organic Products Regulations.
OTA also agrees with the Introduction’s statement: “Organic agricultural production is a management system designed to produce crops and livestock in an ecologically stable way. Soil fertility is maintained, animals are raised in a manner appropriate to their behavioural requirements and synthetic fertilizers and pesticides are not used.”
However, because organic certification is based on the methods used in the aforementioned management system of an agricultural, processing or handling operation, and is not based on the end product, OTA has recommended changes to each mention of “products” in the regulation to clarify the object of organic certification.
OTA appreciates the reason that the regulation references, rather than includes CAN/CGSB-32.310, Organic Production Systems — General Principles and Management Standards, CAN/CGSB-32.311, Organic Production Systems — Permitted Substances List; and the Organic Quality Management Systems Manual. This allows for somewhat easier amendment of those documents to reflect the evolution of the organic production, manufacturing and distribution environments.
The proposed regulation works in conjunction with The Canada Agricultural Products (CAP) Act, CAN/CGSB-32.310, Organic Production Systems — General Principles and Management Standards, CAN/CGSB-32.311, Organic Production Systems — Permitted Substances List; and the Organic Quality Management Systems Manual. It is important that the organic sector lend its expertise to the standard, permitted substances list and Organic Quality Management Systems Manual, as those documents flesh out the details of the regulation.
Throughout the consultation period leading to publication of this regulation, the government has assured the organic industry that the system would be “evergreen”, developing via a public-private partnership. We understand that the amendment process for the standard and permitted substances list is managed by the Canadian General Standards Board. OTA members believe it is important that government spell out the process and schedule for amending the Organic Quality Management Systems Manual.
As OTA has seen in the United States, there can be a strong and effective relationship established by regulation between the public and private sectors. The U.S. National Organic Program and its industry-based National Organic Standards Board (NOSB) cooperate to effect change that positively influences the industry and consumers, and OTA believes a public/private system will deliver some of the same benefits in Canada.
Similarly, the Canadian system requires a board or council to whom the government must be accountable. The Canadian Organic Regulation Council (CORC) has been proposed to provide recommendations to the CFIA and share authority over the directives contained in the Organic Quality Management Systems Manual. While an advisory council that simply gives feedback to the CFIA may be of value to the industry and consumers, that value is limited if the council has no stated role in the regulation, and the OTA’s comments recommend to government that it consider ways to strengthen the CORC.
OTA is certain that an ISO model can be a guiding principle to develop a system of public-private consultation to ensure ongoing improvement of the Organic Quality Management Systems Manual. OTA will submit comment on the Manual regarding an organic industry advisory body to ensure private sector involvement in the management of Canada’s organic regulation.
OTA’s proposed revisions to Sections 9, 10 and 11 in the regulation will enable CFIA to secure better control information, with less delay and paperwork. The proposed revisions will give Canada a more effective system to facilitate negotiation for international recognition and/or equivalency.
OTA has extensive experience with organic regulatory issues in the United States and international markets. The association hopes its specific comments that are attached to this letter will help to tighten the regulatory framework, while enhancing conditions for organic trade. Please note that the OTA comments are presented embedded in the proposed Regulation, in a slightly larger and different typeface than the Regulation text.
Thank you for the opportunity to work with CFIA and the organic community in Canada on this important initiative.
Sincerely,
Helene Bouvier Dag Falck Stephanie Wells
Vice President - Canada Member of the Board OTA Canada Representative
For the Organic Trade Association
Organic Trade Association Comments
on the
CANADA ORGANIC PRODUCTS REGULATIONS
(Please note that the OTA comments are presented embedded in the proposed Regulation, in a slightly larger and different typeface than the Regulation text.)
Re: Canada Gazette I, Vol. 140, No. 35 — September 2, 2006
Organic Products Regulations
Statutory authority
Canada Agricultural Products Act
Sponsoring agency
Canadian Food Inspection Agency
PROPOSED REGULATORY TEXT
Notice is hereby given that the Governor in Council, pursuant to section 32 (see footnote a) of the Canada Agricultural Products Act (see footnote b), proposes to make the annexed Organic Products Regulations.
Interested persons may make representations with respect to the proposed Regulations within 75 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Bashir Manji, Canadian Food Inspection Agency, 59 Camelot Drive, Ottawa, Ontario K1A 0Y9.
Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.
Ottawa, August 25, 2006
MARY O'NEILL
Assistant Clerk of the Privy Council
ORGANIC PRODUCTS REGULATIONS
INTERPRETATION
1. The following definitions apply in these Regulations.
"accreditation body" means a body that has entered into an agreement with the Agency under subsection 14(1) of the Canadian Food Inspection Agency Act to administer certain tasks, including assessing, recommending and monitoring the accreditation of certification bodies. (organisme d'accréditation)
"Act" means the Canada Agricultural Products Act. (Loi)
"Agency" means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act. (Agence)
"certification body" means a body that is accredited as a certification body in accordance with section 5. (organisme de certification)
"organic product" means an agricultural product that has been certified as organic in accordance with these Regulations. (produit biologique)
= = = = = =
Amend this definition of “organic product” to read:
"organic product" means an agricultural product that has been produced and handled by an operation certified in accordance with these Regulations. In the case of a multi-ingredient product, 95 percent or more of its ingredients must have been certified as organic in accordance with these Regulations in order for it to be labelled “Organic”. A multi-ingredient product with 70 percent to 95 percent of its ingredients certified as organic in accordance with these Regulations may be labelled “Made with organic_______”. (produit biologique)
Rationale: OTA believes the definition of “organic product” must reflect the fact that organic certification refers to certification of the methods used in an agricultural, processing or handling operation, and not to the end product. Throughout this regulation, we accordingly recommend that any reference to certification of a product be revised to reflect the fact that it is always the operation that is certified, not the end product.
OTA also recommends that the Regulation be clear about the permitted identification of multi-ingredient products.
= = = = = =
Amend 1. to include:
Quality Management System (Système de management de la qualité)
Coordinated activities to direct and control an organization with regards to quality.
(Source: ISO 9000:2005(E))
“Organic Quality Management System Manual”
Means a manual established and maintained by the Canada Food Inspection Agency, in consultation with an organic industry advisory body, which defines and documents the quality management system, including mandatory procedures and instructions for effective implementation and enforcement of the National Organic Regulations. (COO)
Rationale: The Organic Quality Management System Manual and its accompanying Annexes elaborate the detailed procedures and requirements for certified operations governed by this regulation. The Organic Quality Management System Manual should be referenced in this regulation along with procedures for the Manual’s amendment.
NOTE regarding an industry advisory body: Throughout the development of this Regulation, representatives of Agriculture & Agri-Foods Canada and the Canadian Food Inspection Agency have told the organic sector that this regulation would be an "evergreen" or evolving document, which would be "enabling" to allow for expanded scope and improved production techniques. The government representatives said the regulation and its elements would be maintained via a "public/private partnership" to ensure that organic sector expertise would contribute to the continuous improvement of Canada’s organic programme.
We believe the Canadian Organic Regulation should include language to reflect this joint responsibility.
The government strongly urged the organic sector to organize a representative group to work with government on regulatory issues. To that end, the organic sector is establishing the Canadian Organic Regulatory Council (CORC). OTA supports the establishment of CORC (and its subcommittees) to be a representative body for the organic producers, processors, handlers, exporters/traders, retailers and certifiers. Its members should be democratically elected, one from each province and territory and one from national business associations, with broad representation of the organic sector. CORC representatives must have the expertise needed for continued improvement and expansion of Canada's organic regime.
= = = = = =
PART 1
ORGANIC PRODUCTS
2. (1) Only organic products as defined in section 1 may use the logo set out in the schedule or the designations "Canada Organic" and "Biologique Canada".
(2) Only organic products as defined in section 1 shall be marketed in interprovincial or international trade.
= = = = = =
Note: 2.1 as written, does not limit the use of the “Canada Organic” and “Biologique Canada” designations to products grown within Canada. OTA’s position is that any certified product produced in compliance with these Regulations and CAN/CGSB-32.310, the Organic Production Systems — General Principles and Management Standards and CAN/CGSB-32.311, Organic Production Systems — Permitted Substances List should be permitted to be labelled with the logo set out in the schedule or the designations "Canada Organic" and "Biologique Canada".
Note: 2.1 refers to the definition of “organic products” as defined in section 1. OTA has stated that the definition in section 1 should be amended to read:
"organic product" means an agricultural product that has been produced and handled by an operation certified in accordance with these Regulations. In the case of a multi-ingredient product, 95 percent or more of its ingredients must have been certified as organic in accordance with these Regulations.
Rationale: OTA supports limiting the use of the “Canada Organic” and “Biologique Canada” designations to products that contain 95% or more ingredients certified as organic in accordance with these Regulations and CAN/CGSB-32.310, the Organic Production Systems — General Principles and Management Standards and CAN/CGSB-32.311, Organic Production Systems — Permitted Substances List.
= = = = = =
3. The logo set out in the schedule and the designations "Canada Organic" and "Biologique Canada" are agricultural product legends.
PART 2
CERTIFICATION BODIES
Application for Accreditation
4. Any person who wishes to be accredited as a certification body shall apply for the accreditation in writing to an accreditation body and shall undergo an evaluation approved by the Agency that tests their knowledge of the principles and practices respecting organic certification.
= = = = = =
Amend 4. to read:
4. Any person who wishes to be accredited as a certification body shall apply for the accreditation in writing to an accreditation body and shall undergo an evaluation approved by the Agency that tests their knowledge of the principles and practices respecting organic certification. The accreditation of certification bodies shall be implemented in accordance with the most recent version of Annex 2 of the Organic Quality Management Systems Manual.
Rationale: It is important that the provisions of the Organic Quality Management Systems Manual be referenced wherever applicable, to ensure that consistent accreditation and certification procedures are implemented with appropriate oversight by the duly appointed industry stakeholder group.
= = = = = =
Accreditation
5. On the recommendation of an accreditation body, the Agency shall accredit the applicant as a certification body and provide the applicant with an accreditation number.
= = = = = =
Amend 5. to read:
5. On the recommendation of an accreditation body, the Agency shall accredit the applicant as a certification body.
Rationale: It is not clear that an accreditation number for certifiers will offer significantly improved control for traceability. If an accreditation number is required, OTA recommends that the number become a unique and constant number for the certification body. Creating a system that changes accreditation numbers will create an undue burden on producers and will result in unnecessary packaging and labelling expenses.
= = = = = =
6. If the accreditation body refuses to recommend the accreditation of the applicant, the accreditation body shall send a notice to the applicant, by registered mail, stating the reasons for the decision and advising the applicant of their right to request that the Agency review the decision. The accreditation body shall also send a copy of the notice, including the reasons, to the Agency.
Suspension and Cancellation
7. (1) Subject to subsection (2), on the recommendation of the accreditation body or on the Agency's own decision, the Agency shall suspend the accreditation of a certification body if the certification body fails to comply with any provision of the Act or these Regulations.
(2) No accreditation may be suspended unless the Agency has
(a) notified the certification body that there are grounds for suspension;
(b) provided the certification body with a copy of a report that specifies the grounds for suspension, the required corrective measures and the period within which those measures must be implemented to avoid suspension; and
(c) sent a notice of suspension to the certification body.
(3) The suspension of an accreditation remains in effect until the required corrective measures have been implemented and verified.
(4) On the recommendation of the accreditation body or on the Agency's own decision, the Agency shall cancel the accreditation if
(a) the certification body has not implemented the required corrective measures within the specified period or within a longer period provided under subsection (5); or
(b) the application made under section 4 contains false or misleading information.
(5) If the certification body has not implemented the required corrective measures or their implementation is not possible within the specified period, the certification body may obtain from the Agency a longer period to implement those measures.
(6) No accreditation may be cancelled unless the Agency has
(a) advised the certification body of an opportunity for it to be heard in respect of the cancellation and the certification body was given that opportunity either orally or in writing; and
(b) sent a notice of the cancellation to the certification body.
PART 3
ORGANIC CERTIFICATION
Application for Organic Certification
8. (1) Every person who wishes to have an agricultural product certified as an organic product shall apply for that certification in writing to a certification body.
(2) The application shall contain:
(a) the name of the agricultural product in respect of which the organic certification is being applied for;
(b) in the case of an agricultural product containing more than one agricultural product, a statement setting out the percentage of each of them that are organic products;
= = = = = =
Amend Section 8.1 through 8.2. (b) to read:
8. (1) Every person who wishes to identify an agricultural product as organically produced shall apply for certification of the applicable production or handling operation in writing to a certification body.
(2) The application shall contain:
(a) the name of the operation for which the organic certification is being applied;
(b) a current list of the categories of organic products produced at the time of application by the operation seeking certification;
Rationale: OTA knows that the original 8.2 (b) is only one of many pieces of information the applicant must supply to a certification body. That level of detail can be covered in the Organic Quality Management System Manual. Furthermore, providing the percentage of each of the ingredients in a multi-ingredient product is tantamount to releasing the recipe, which is proprietary information. Operators understand that they must show recipes or formulations to the inspector who audits their certification application. We again emphasize that the end product is not the object of organic certification; certification is based on the methods used in an agricultural, processing or handling operation.
= = = = = =
(c) a statement setting out the substances used in the production of the agricultural product and the manner in which those substances are used; and
(d) a report setting out in detail the methods of production used in the production of the agricultural product and the control mechanisms in place to ensure that those methods comply at all times with the standards set out in the most recent edition of CAN/CGSB-32.310, the Organic Production Systems — General Principles and Management Standards.
= = = = = =
Amend 8.2 (d) to read:
(d) an organic system plan setting out in detail the methods of production used in the production of the agricultural product and the control mechanisms in place to ensure that those methods comply at all times with the standards set out in the most recent editions of CAN/CGSB-32.310, the Organic Production Systems — General Principles and Management Standards and CAN/CGSB-32.311, Organic Production Systems — Permitted Substances List.
Rationale : OTA suggests that “organic system plan” is a more accurate description that reflects the basic principles of organic production as well as prevailing international norms.
= = = = = =
International Marketing
9. (1) A person who wishes to market an organic product in export trade shall obtain from a certification body a certificate attesting that the product is an organic product.
(2) The application shall be in writing and shall include evidence that the product has been certified as an organic product.
(3) The certification body shall issue the certificate if it obtains evidence that the product in respect of which the application was made is an organic product.
= = = = = =
Amend 9. to read:
9. (1) A person who wishes to market a product labelled organic in export trade shall obtain from a certification body a certificate attesting that the product was produced in accordance with CAN/CGSB-32.310, the Organic Production Systems — General Principles and Management Standards and CAN/CGSB-32.311, Organic Production Systems — Permitted Substances List; or meets the export market’s requirements for imports of products labelled organic.
(2) The application shall be in writing and shall include evidence that the product has been produced and handled by an operation certified as organic, in accordance with this Regulation.
(3) The certification body shall issue the certificate if it obtains evidence that the operation in respect of which the application was made produced and handled products in accordance with this Regulation.
Rationale: OTA believes these minor revisions will enable CFIA to secure better control information, and will give Canada a more effective system to facilitate negotiation for international recognition and/or equivalency.
= = = = = =
