The Organic Products Regulations (OPR) were published in Canada Gazette,
Part 2 on December 21, 2006.
Q1
Why has the federal government introduced these regulations?
A1
The regulations are the Government of Canada's response to requests by the
organic stakeholder groups to develop a regulatory system for organic products to address
consumer protection and domestic and international market access issues. The regulations
will form the basis for oversight of the industry via the Canada Organic Regime (COR).
Q2
What will the Organic Products Regulations do?
A2
The regulations will require mandatory certification to the revised National Organic
Standard (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).
Q3
Will products not currently covered in the standard, such as aquaculture
products, cosmetics, fibres, health care products, wine, etc., be included in the Canada
Organic Regime?
A3
As the definition of agricultural product is broad, these products may be subject to
the provisions of the regime, which would mean they would need to meet provisions before
they could make an organic claim. Each sector must first develop a national standard which
can then be incorporated into the organic standards through the Canadian General Standards
Board consensus-building process.
Q4
How will the Canada Organic Regime be structured?
A4
The Canada Organic Regime is based on a third-party service delivery model: The
Canadian Food Inspection Agency will be established as the competent authority providing
oversight to the system.
Existing accreditation bodies will be authorized by the CFIA provided they meet
criteria set out in the regulations and established by the Canada Organic Regime.
Agreements will be formed with accreditation bodies following an evaluation and
verification that they meet these criteria.
Authorized accreditation bodies will, in turn, assess certification bodies to determine
if they meet the established criteria prior to recommending that they be accredited by the
CFIA.
On-farm and facility organic production system verification will be conducted by
third-party verification officers employed by accredited certification bodies.
Compliance verification and enforcement activities will be carried out by the CFIA.
Q5
What is significant about the Canada Organic Logo?
A5
Use of the logo is voluntary. All products that bear the logo must comply with the
federal regulations. Use of the logo will indicate to consumers that the product to which
it is affixed has been certified as meeting the Canadian standard.
Q6
How will the regulations affect the organic industry?
A6
All persons whose products bearing organic claims for inter-provincial and
international trade, or who wish use the federal organic logo will be required to comply
with the regulations. Certification to the revised standard for organic agriculture will
be mandatory for such products. There is no significant impact anticipated for
stakeholders who are presently certified to the voluntary Canadian organic standard.
Q7
Is the federal organic regime different than systems in place in British
Columbia and Quebec?
A7
The current provincial systems apply to trade within these provinces but they do not
regulate movement of organic products between provinces, or into or out of the country. As
trade in organic products moves from provincial markets to global markets, countries
importing Canadian products are seeking assurance from the Government of Canada that
organic agricultural products are labelled accurately and in accordance with national
requirements. In addition it provides assurance to Canadian consumers that the products
meet a national standard.
Q8
How will negotiations to promote acceptance of the Canadian provisions be
handled under the regulated system?
A8
Negotiation of acceptance of the Canada Organic Regime with Canada's trading
partners is the responsibility of the Government of Canada and will be initiated on a
priority basis with our key trading partners with the publication of the regulations.
Documentation for the recognition of the Canadian system has been prepared and submitted
to the EU.
Q9
Will certification bodies be identified on product packaging?
A9
Certification bodies will be required to place their name on organic product packaging
in accordance with the labelling provisions in the regulations.
Q10
Who will enforce the regulations?
A10
The CFIA will enforce the regulations.
Q11
Will there be fees for participants in the Canada Organic Regime?
A11
No fees relating to CFIA services or activities are anticipated for the participants
in the Canada Organic Regime (COR) at this time. The cost of establishing the COR will be
covered by existing government resources through March 2009. The establishment of any
future cost-recovery scheme or fees for participants would first be subject to broad
consultation with stakeholders.
Q12
Do many other countries have regulations for organic products?
A12
In 2005, there were 42 countries (25 in the EU alone) with fully implemented organic
regulations. Thirteen countries including Canada are in the process of implementing
regulations (5 in Europe and 5 in South America). Sixteen countries were in the process of
drafting regulations (6 in Latin America). In North America, the United States
introduced the National Organic Program in 2002. Mexico introduced its Organic Products
Bill at the end of 2005.
Q13
When will the regulations come into effect?
A13
The regulations will come into effect two years following their date of registration
with the exception of the provision relating to the use of the Canada Organic logo.
Discussions will be held with stakeholders on the potential use of the Canada Organic logo
during the transition period.
