Organic Products Regulations, 2009

Vol. 143, No. 13 — June 24, 2009

Registration

SOR/2009-176 June 11, 2009

CANADA AGRICULTURAL PRODUCTS ACT

Organic Products Regulations, 2009 P.C. 2009-944 June 11, 2009

Her Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to section 32 of the Canada Agricultural Products Act , hereby makes the annexed Organic Products Regulations, 2009.

ORGANIC PRODUCTS REGULATIONS, 2009

INTERPRETATION AND APPLICATION

INTERPRETATION

1. The following definitions apply in these Regulations.

“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)

“CAN/CGSB 32.310” means the most recent version of CAN/CGSB 32.310, entitled Organic Production Systems — General Principles and Management Standards. (norme CAN/ CGSB 32.310)

“CAN/CGSB 32.311” means the most recent version of CAN/CGSB 32.311, entitled Organic Production Systems — Permitted Substances List. (norme CAN/CGSB 32.311)

“conformity verification body” means an entity that

(a) has an agreement with the Agency under subsection 14(1) of the Canadian Food Inspection Agency Act to assess, recommend for accreditation and monitor certification bodies; and

(b) meets the requirements set out in ISO/IEC 17011. (organisme de vérification de la conformité)

“ISO/IEC 65” means the most recent version of ISO/IEC Guide 65 of the International Organization for Standardization, entitled General requirements for bodies operating product certification systems. (norme ISO/IEC 65)

“ISO/IEC 17011” means the most recent version of ISO/ IEC 17011 of the International Organization for Standardization, entitled Conformity assessment — General requirements for accreditation bodies accrediting conformity assessment bodies. (norme ISO/IEC 17011)

“multi-ingredient product” means a type of agricultural product composed of two or more agricultural products. (produit multi-ingrédients)

“organic product” means an agricultural product that has been certified as organic in accordance with these Regulations or that has been certified as organic under section 27. (biologique)

APPLICATION

2. These Regulations apply to food and drink intended for human consumption and food intended to feed livestock, including agricultural crops used for those purposes. They also apply to the cultivation of plants.

PART 1

VERIFICATION AND CERTIFICATION BODIES

FUNCTIONS

3. For the purposes of these Regulations, conformity verification bodies are designated by the Agency to assess, recommend for accreditation and subsequently monitor certification bodies. Accredited certification bodies are responsible for the organic certification of agricultural products and organic product packaging and labelling certification.

PREVIOUSLY ACCREDITED CERTIFICATION BODY

4. If a certification body was accredited by a conformity verification body prior to the coming into force of these Regulations, the accreditation issued by the conformity verification body shall be recognized as an accreditation issued by the Agency. The Agency shall provide the certification body with an accreditation number.

APPLICATION FOR ACCREDITATION

5. A person who wishes to be accredited as a certification body shall apply for the accreditation in writing to a conformity verification body and undergo an assessment in accordance with ISO/ IEC 17011 to verify

(a) their compliance with ISO/IEC 65;

(b) their knowledge, with respect to organic certification, and that of their employees and, as the case may be, their subcontractors;

(c) the validity of their certification methodology; and

(d) the validity of their methodology results.

ACCREDITATION

6. On the recommendation of a conformity verification body, the Agency shall accredit the applicant. The Agency shall provide the accredited certification body with an accreditation number.

REFUSAL

7. If the conformity verification body refuses to recommend the accreditation of the applicant, the conformity verification 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 within 30 days after receipt of the notice. The conformity verification body shall...

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