Safe Food for Canadians Regulations (SOR/2018-108)

Marginal note:Certification

• 345 (1) A certification body must conduct an on-site verification and certify a food commodity as organic if it determines that

  • (a) the substances and materials that are used to conduct activities in respect of the food commodity are set out and 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;

  • (b) the methods that are used by the applicant, or by a person acting on behalf of the applicant, to conduct activities in respect of the food commodity and the control mechanisms that are in place meet the requirements and 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;

  • (c) in the case where a person packages and labels the food commodity on behalf of the applicant, the person holds a certificate referred to in subsection 348(2);

  • (d) in the case of a multi-ingredient food commodity, at least 70% of its contents are organic products and its composition meets the requirements that are set out in CAN/CGSB-32.310; and

  • (e) the information submitted in the application is complete, truthful and not misleading.

• Marginal note:Certificate

  (2) The certification body must provide the applicant with a certificate that confirms the organic certification of the food commodity and that indicates the name of the food commodity, whether CAN/CGSB‑32.310 or CAN/CGSB‑32.312 is applicable, and, in the case of a multi-ingredient food commodity, whether at least 70% of its contents are organic products or whether at least 95% of its contents are organic products.

Marginal note:Requirement to provide information

• 346 (1) The holder of the certificate referred to in subsection 345(2) must provide to the certification body the information that is set out in subsection 344(2) once every 12‑month period beginning on the day on which the certificate is issued and no later than the day that is six months before the end of that period.

• Marginal note:On-site verification

  (2) After receiving the information from the certificate holder under subsection (1), the certification body must, no later than the end of the 12‑month period referred to in that subsection, conduct an on-site verification to determine whether the requirements that are set out in subsection 345(1) are met.

SUBDIVISION BCertification of Packaging and Labelling

Marginal note:Application for certification

• 347 (1) Any person who wishes to package or label an organic product, other than a product in respect of which they hold a certificate granted under section 345, must apply in writing to a certification body for certification of the activity.

• Marginal note:Contents of application

  (2) The application must include

  • (a) an indication of the type of organic product;

  • (b) a statement that sets out the substances and materials that the applicant will use to package or label the organic product and that describes the manner in which those substances and materials will be used; and

  • (c) a document that sets out in detail the methods that the applicant will use to package or label the organic product and the control mechanisms that the applicant will put in place to ensure that those methods meet the requirements 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.

Marginal note:Certification

• 348 (1) A certification body must conduct an on-site verification and certify the activity in respect of the packaging or labelling of an organic product if it determines that

  • (a) the substances and materials that are used by the applicant for packaging or labelling are set out and 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;

  • (b) the methods that are used by the applicant for packaging or labelling and the control mechanisms that are in place meet the requirements and 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.

• Marginal note:Certificate

  (2) The certification body must provide the applicant with a certificate that confirms the certification of the packaging or labelling of the organic product and that indicates the type of organic product to which it applies and the period of validity referred to in subsection (3).

• Marginal note:Period of validity

  (3) The certification of the packaging or labelling of an organic product is valid for 12 months beginning on the day on which it is granted under subsection (1).

SUBDIVISION CSuspension and Cancellation

Marginal note:Suspension

• 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.

• Marginal note: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.

• Marginal note:Extension of period

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

• Marginal note: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.

• Marginal note:Duration of suspension

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

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

SUBDIVISION DGeneral

Marginal note:Documents

351 The holder of a certificate must prepare, keep and maintain the documents that are set out in the following standards, in accordance with those standards:

• (a) in the case of an aquaculture product, CAN/CGSB-32.312; and

• (b) in the case of a food commodity other than an aquaculture product, CAN/CGSB-32.310.

Marginal note:Changes affecting certification

352 The holder of a certificate must immediately notify the certification body in writing of any change that could affect the certification and of any complaint that they receive in relation to the organic integrity of the organic product referred to in the certification.

DIVISION 5Labelling and Advertising

Marginal note:Expressions

• 353 (1) The expressions “organic” or “biologique” or “organique”, “organically grown” or “cultivé biologiquement”, “organically raised” or “élevé biologiquement” and “organically produced” or “produit biologiquement” and any similar expressions, including abbreviations of, symbols for and phonetic renderings of those expressions, may be shown on the label or used in the advertisement of a food commodity that is sent or conveyed from one province to another if

  • (a) the food commodity is an organic product; and

  • (b) in the case of a multi-ingredient food commodity, at least 95% of its contents are organic products.

• Marginal note:Expression “Organic ingredients”

  (2) Despite subsection (1), if a multi-ingredient food commodity is an organic product but less than 95% of its contents are organic products, it may be labelled with or advertised using the expression “organic ingredients” or “d’ingrédients biologiques” if that expression is

  • (a) immediately preceded by the percentage of its contents that are organic products, rounded down to the nearest whole number; and

  • (b) in characters of the same height and prominence as the words, numbers, signs or symbols that indicate that percentage.

• Marginal note:Multi-ingredient food commodities

  (3) Despite subsection (1), the list of ingredients that is shown on the label of a multi-ingredient food commodity that is not an organic product may indicate which of the ingredients are organic products.

Marginal note:Additional information

354 If an expression that is referred to in subsection 353(1) or (2) is shown on the label of a food commodity, the label must also bear

• (a) in the case of a food commodity that is sent or conveyed from one province to another, the name of the certification body that certified the food commodity as organic;

• (b) in the case of a food commodity that is imported, the name of the certification body or the name of the entity accredited by a foreign state referred to in subparagraph 357(1)(a)(ii) or (iii) that certified the food commodity as organic;

• (c) in the case of a multi-ingredient food commodity that is sent or conveyed from one province to another or that is imported, the organic contents that are identified as organic in its list of ingredients; and

• (d) in the case of a food commodity that is imported and on whose label the product legend that is set out in Schedule 9 is applied, the expression “Product of” or “produit de” immediately preceding the name of the foreign state of origin or the word “Imported” or “importé” in close proximity to that product legend.

Marginal note:Official languages

• 355 (1) Subject to subsection (2), the expressions that are referred to in subsections 353(1) and (2) and paragraph 354(d) and the information that is referred to in paragraph 354(c) must be shown on the label of a food commodity in both official languages.

• Marginal note:Exception

  (2) Those expressions and that information may be shown on the label of a food commodity in only one official language if the food commodity is any of the following:

  • (a) a feed as defined in section 2 of the Feeds Act;

  • (b) a seed as defined in section 2 of the Seeds Act; or

  • (c) a food, if subsection B.01.012(3), (7) or (11) of the Food and Drug Regulations allows the required information to be shown in only one official language.

• Marginal note:Feed

  (3) For the purposes of paragraph (2)(a), a reference to “livestock” in the definition feed in section 2 of the Feeds Act must be read to include livestock that is an aquaculture product.

DIVISION 6Interprovincial Trade and Import

Marginal note:Interprovincial trade

• 356 (1) A food commodity that is sent or conveyed from one province to another and that is labelled with or advertised using an expression that is referred to in subsection 353(1) or (2) must

  • (a) be an organic product;

  • (b) meet the requirements for the use of that expression that are set out in subsection 353(1) or (2), as the case may be; and

  • (c) meet the requirements of sections 354 and 355.

• Marginal note:Multi-ingredient food commodities

  (2) In the case of a multi-ingredient food commodity that is not an organic product and that is sent or conveyed from one province to another, the list of ingredients that is shown on the label of the food commodity may indicate which of the ingredients are organic products.