ORGANIC CERTIFICATIONComparative Analysis of China, EU, and US Regulations

Jeanne M Hoskin, PhDChemLinked

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Organic food is food produced in a way that complies with organic standards set by national governments and recommended by international organizations

ORGANIC: IT’S A REGULATED TERM!

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WHAT IS ORGANIC FOOD?

Organic food is produced by organic farming

Organic farming means cultural, biological, and mechanical practices are used to foster cycling of resources, promote ecological balance, and conserve biodiversity

Synthetic pesticides and chemical fertilizers are not permitted but certain approved pesticides may be used

Organic foods are also not processed using irradiation, industrial solvents, or synthetic food additives

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AN ORGANIC PRODUCTION SYSTEM IS DESIGNED TO:

•Enhance biological diversity within the whole system

• Increase soil biological activity

• Maintain long-term soil fertility

• Recycle wastes of plant and animal origin in order to return nutrients to the

land, thus minimizing the use of non-renewable resource

• Rely on renewable resources in locally organized agricultural systems

• Promote the healthy use of soil, water and air as well as minimize all forms of

pollution thereto that may result from agricultural practices

• Handle agricultural products with emphasis on careful processing methods in

order to maintain the organic integrity and vital qualities of the product at all

stages

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CODEX ALIMENTARIUS

GUIDELINES FOR THE PRODUCTION, PROCESSING, LABELLING AND MARKETING OF ORGANICALLY PRODUCED FOODS GL 32–1999

see Codex Guideline These Guidelines are intended to facilitate the harmonization of requirements

for organic products at the international level, and may also provide assistance to governments wishing to establish national regulations in this area

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WHO’S WHO IN ORGANIC?Competent Authorities (responsible government bodies) – overall responsibility and delegation of organic

controls Standardization Administration of China (SAC) and the National Certification and Accredidation

Administration (SAC and CNCA) US Department of Agriculture (USDA) European Commission (EC)

Accrediting Bodies (authorized by the government/government agencies) – accredit certifying bodies (CB) for organic certification activities

China National Accreditation Service for Conformity Assessment (CNAS) Committee on Accreditation for Evaluation of Quality (CAEQ)

The CAEQ monitors CBs through demonstrating either their equivalency or their compliance, and provides the required documents to obtain recognition from competent authorities in Canada, US, EU

Certification Agencies/Certifying/Control Bodies or Agents-- Inspectors and Testing Agencies EU US/USDA China

Producers and Processors Farmers Suppliers Manufacturers (Food Operators) Traders

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REGULATIONSCHINA The standard system consists of Chinese National Organic Product Standard (GB/T 19630-2011 Part1-Part 4), which sets

out basic norms for organic production, processing, labeling, marketing and management system, as well as relevant organic certification regulations, in which certification procedure, requirements for CBs and the use of label are defined.

See New Certification Regulations on Domestic Organic Products and Organic Product Certification Measures AQSIQ Decree No. 155

New Certification Regulations on Domestic Organic Products GAIN Report http://www.globalorganictrade.com/files/g_files/GAIN_Report_-_Briefing_on_the_Organic_Certification_Issues_in_China_4-1

6-2012.pdf GB/T 19630 Organic Products consists of four parts:

Part 1: Production Part 2: Processing Part 3: Labeling and Marketing Part 4: Management System

US The National Organic Program develops the rules & regulations for the production, handling, labeling, and enforcement of

all USDA organic products. See USDA Organic Regulations 7 CFR Part 205 and Rules and Regulations ; also **Guide for Organic Processors** See example of specific certification guidelines in US

EU The relevant European legislation is the Council Regulation (EC) No 834/2007 and the Commission Regulation (EC) No

889/2008. see EU legislation on Organic Foods and certification

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CHINA Standards for application of organic product

certification were promulgated by the Certification and Accreditation Administration of the People's Republic of China (CNCA) in June 2005

In December 2011, CNCA released an updated version of the application for certification of organic products in the Regulation.

This has been implemented since 1 March

2012

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Chinese National Organic Product Standard is based on international norms with added emphasis on contamination by pollutants and prohibited materials and quality management systems, especially record keeping and traceability

China’s new Standards for application of organic product certification, implemented since 1 March 2012, are considered among the strictest in the world for organic agriculture

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WHAT IS ORGANIC CERTIFICATION? As with competent authorities in the EU and US, CNCA

strictly regulates the certification bodies and sets out procedures for the certification of operators

Certification bodies inspect operators at least yearly and more often according to risk

IMPORTED PRODUCTS: China does not allow foreign assessment bodies, such as

USDA, to accredit certifiers (for import into China)

To date China does not allow equivalence agreements with other countries. US producers, even though they are USDA certified, are not allowed to use the Chinese term for organic unless they receive certification from Chinese certifiers

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TYPICAL PROCESS OF ORGANIC CERTIFICATION

1. Applicant files application to a qualified organic product certification body (CB) with required documents and materials

2. CB conducts the review on the application documents and materials and decides whether to accept the application

3. CB appoints inspectors with qualifications and capability to form an inspection team to prepare and implement an on-site inspection

4. All the products applying for certification must be sample tested on the basis of risk assessment by qualified testing agencies

5. Certification institution makes a certification decision based on the on-site

inspection on the environmental quality of the production place and the assessment and testing of the product. The CB issues a certificate if the applicant complies with the certification requirements

6. CB reviews the supply agreements signed between the certified unit and the customer as well as the sales scope and quantity of the certified products. If qualified, a sales certificate for organic products will be issued to the qualified unit

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ANOTHER EXAMPLE OF CERTIFICATION PROCESS FLOW

1. Application for Certification with Certification Agency

2. In house screening by Certification Agency3. Additional questionnaire from Certification

Agency4. In house screening by Certification Agency5. Organic inspector assigned6. Organic Inspection7. Organic inspection report to Certification Agency8. In house review by Certification Agency9. Addressing of any non-compliance issues10. Certification issued

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1. Introduction• Company objectives and structure• Reasons for farming organically2. Site• Farm and pack house or processing factory3. Production History and Future Plans• Crops, cultivation areas and yields4. Land and Production Management• Land and local farmer management• Stakeholder relationships5. Sales, Marketing and Financial Aspects• Customers, sales channels and branding• Pricing and turnover6. Major Pests and Diseases• Diseases, insects and weeds• Control methods7. On-site Farm Records• Initial and renewal certifications, including organic-in-transition• Farm management records8. Organic Production Management System• Sources of information• Sustainability, including composting• Compliance to organic standards9. Certification and Inspection• Inspection and certification process• Selection of certification body and cost10. Conclusion• Key challenges and how to overcome them for future development

Typical standardized questionnaire used during a site visit investigation

UK ADVISORY COMMITTEE ON ORGANIC STANDARDS (ACOS)

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Approves and licenses UK CBs

Inspect and license individual operators in UK

Inspect and license as UK organic in foreign countries

USDA Approves and licenses US CAs

Inspect and license in US as organic + mutual agreement with EU/UK (UK organic label on imported into UK)

China CNCA Approves and licenses China CBs

Inspect and license individual operators in China as organic and inspect as China organic in foreign countries

For imports into UK…if mutual agreements are in place

For imports into China…mutual agreements not yet in place

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EU LOGO AND ORGANIC LABELING RULES

If used on a product, the EU organic logo indicates that this product is in full conformity with the conditions and regulations for the organic farming sector established by the European Union. For processed products it means that at least 95% of the

agricultural ingredients are organic

Next to the new EU organic logo, a code number of the control body is displayed as well as the place where the agricultural raw materials composing the product have been farmed.

EU Organic logo and labeling rules© REACH24H CONSULTING GROUP

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CHINA LOGO AND ORGANIC LABELING RULES

Labeling and Marketing of Chinese Organic Products GB/T 19630.3-2011Also see Revised Administrative Measures for Organic Certification Article 15 Processed products with the content of organic ingredients

(referring to weight or liquid volume, not including water and salt) no less than 95% can indicate the language of “organic” on the product or on the package or label of the product after it has received the organic certification.

Article 16 The certification body shall not carry out organic certification for processed products with the content of organic ingredients less than 95%.

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LABELING: US LOGO AND ORGANIC LABELING RULES

"100% organic" on the front of any certified organic food requires all ingredients (without except) to be produced in compliance with organic regulations.

Certified organic foods bearing the USDA logo must contain at least 95% (by weight or fluid volume, excluding water and salt) approved ingredients.

Up to 5% of the food may contain prohibited ingredients, if those ingredients are not available in organic form. For example, an ingredient containing a synthetic pesticide residue may be included in a certified organic food bearing the USDA logo, as long as that ingredient could not be obtained by the manufacturer in organic form and as long as the weight of the ingredient did not exceed 5% of the total weight of the product (by weight or fluid volume, excluding water and salt).

However, there is one important caveat to this "5%" rule for certified organic foods bearing the USDA logo: even in the 5% "non-organic" portion of the food, ingredients are not allowed to be genetically engineered, fertilized with sewage sludge, or irradiated.

"Made With" labeling claims on the front of the packaging at least 70% of all ingredients (by weight or fluid volume, excluding water and salt) must be in compliance with all organic regulations.

As such, 30% of ingredients may contain prohibited ingredients, provided that those ingredients are not available in organic form.

Just like use of the organic logo, however, there is one important caveat to this "30%" rule for certified organic foods showing "Made With" claims: even in the 30% "non-organic" portion of the food, ingredients are not allowed to be genetically engineered, fertilized with sewage sludge, or irradiated.

Through individual ingredient entries on the Ingredients list on the side or back of the packaging. If a food contains less than 70% of its ingredients (by weight or fluid volume, excluding water and salt) as organic, no labeling claims are permitted on the front of the packaging.

However, individual organic ingredients that comply with USDA regulations may be listed on the side or back of the packaging in the product's Ingredients List.

see Part 205 Subpart D Labels, Labeling, and Market Information

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CONVERSION TO ORGANIC There are two certificates/Labels delivered by

certification bodies, Organic and Conversion to Organic. Before delivering Organic certificate, there is a period of conversion (usually 3 years), subject to annual surveillance audits

All products sold as organic/conversion to

organic must be certified

Specific labeling requirements apply to Conversion to Organic products

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MUTUAL AGREEMENTS WITH IMPORTS (TRADE AGREEMENTS)? Organic equivalency is a mutual recognition in the form of

bilateral arrangements between key trading partners that allows for successful trade by reducing trade barriers and supporting the strengthening of the supply chain.

Equivalence means that the country has determined that a foreign government’s technical requirements and conformity assessment system meet or exceed the requirements of the local organic law and its implementing regulations.

Organic equivalency recognizes two systems as comparable and verifiable, though not necessarily identical, without compromising the integrity that has come to be expected from the organic designation in both markets.

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US AND EU Recognize a foreign government’s conformity

assessment system as being identical to the applicable requirements of the US and EU and therefore is competent to verify full compliance with their technical organic requirements

Alternatively, the US and EU can accept an application for direct accreditation to perform certification activities from any qualified foreign private or governmental certifying agent US and EU may accredit foreign certifying agents in a

foreign country as well as recognize the foreign government's conformity assessment system

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MUTUAL AGREEMENTS AND EQUIVALENCE Learn about existing US organic equivalency

agreements:

U.S. // Swiss   U.S. // Korea   U.S. // Japan   U.S. // European Union   U.S. // Canada

EU-Switzerland

Negotiations on a mutual recognition agreement in the field of organic food products are ongoing with China and these countries (as of April of 2015)

US and China do not yet have equivalency or mutual recognition agreements related to organic standards

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EUROPEAN ORGANIC CERTIFIED PRODUCTS The European Organic Certification is

recognized by all European Union member countries

also see UK imports from third countries (non

-EU)

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ORGANIC IMPORTS TO CHINA See Revised Administrative Measures for Organic Certification

Article 17 The competent authority for organic products of the country or region exporting organic

products to China may submit an application to CNCA for equivalency assessment of the organic certification system. CNCA shall accept the application and organize relevant experts to assess the submitted application.

The assessment can be conducted through document review and site inspection.

Article 18 In case the organic product certification system in the country or region exporting

organic products to China is equivalent to China's organic certification system, CNCA may sign a relevant memorandum of understanding (MOU) with the country or region’s competent authority.

The country or region’s organic products exporting to China shall be managed in accordance with the provisions of the relevant MOU.

Article 19 For products intended to export to China from the country or region that has not signed a

relevant MOU on the equivalency of organic certification system with CNCA, they shall comply with China's laws and regulations on organic products as well as the requirements of China’s national organic standards.

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ORGANIC IMPORTS TO CHINA (CON’T) Article 20

Producers, sellers, importers or agents of imported products that need to get China’s organic certification (hereinafter collectively referred to as the imported organic product client) shall submit a certification application to the certification body approved by CNCA.

Article 21 The imported organic product certification client shall, in

accordance with the provisions of the organic product certification implementation rules, submit to the certification body the relevant application information and documents, of which certification application materials and documents such as application form, questionnaire, process flow, product formula as well as inputs used in the production and processing shall be accompanied by a Chinese-language version. For application materials that do not meet the requirements, the certification body shall not accept their certification applications.

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CHINA MUTUAL AGREEMENTS

Recently Ukraine and the People's Republic of China signed an agreement on a mutual recognition of certificates for organic produce Ukraine and China

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ACTIONS FOR NON-COMPLIANCE Company should immediately report to

certification body

Separation of Organic and Conventional Products Product Traceability and on-farm operating records Certification of Contract Farmer Production Bases Contract Organic Production Credibility of Organic Certification Potential Conflict of Interest

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ORGANIC VS NATURAL: ARE THY THE SAME?

http://www.stonyfield.com/blog/natural-and-organic/

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Q & AS

Q. Is organic food safer or healthier than conventional food?

A. Organic refers only to a particular method of production; while switching to organic foods can be good for you insofar as doing so helps you avoid nasty things like chemicals and additives, there's nothing in the organic foods themselves that gives them an inherent nutritional advantage over non-organics

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Q & AS

Q. When can I label my products organic?

A. Once an operation is certified organic against regulations or equivalent standards in specific markets, and that certification is carried out by a certification body recognized in that market, products from that operation may be labeled organic

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Q & AS (EU)

Q. For which product categories is the new EU organic logo compulsory?

A. The use of the EU organic logo is compulsory for organic pre-packaged food produced within

the European Union where the terms referring to organic production are used (see Article24(1)(b) of Regulation (EC) N0 834/2007).

Q. For which product categories is the new EU organic logo voluntary?

A. It is also possible to use it on a voluntary basis for non-pre-packaged organic productsproduced within the Union and which satisfy the requirements set out under or pursuant toRegulation (EC) No 834/2007 or any organic products imported from third countries andrecognized as equivalent in accordance with Regulation (EC) No 834/2007.

Operators are not obliged to use the logo on organic products when those products are only placed on third

countries' markets.

Q&A on the EU organic logo

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Q & ASQ. What other information is required on the label

of a food with an organic logo?

A. Whenever the organic logo is used on a product, it always has to be accompanied by the code number of the control body and the place where the agricultural raw materials of which the product is composed have been farmed.

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Q & AS

Q. In China, EU, and US, can the organic logo be used in the case of in-conversion products and food containing less than 95% of organic ingredients?

A. No

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Q & AS

Q. Are EU and Chinese standards and control systems for organic products equivalent?

A. A review of EU and Chinese standards and control systems show they have broad equivalency. Where they differ, for example, is in the use of pesticides, this reflects differing environmental conditions in China. There are a number of instances where Chinese standards are not as stringent as EU ones, but this does not detract from overall equivalence.

A more fundamental difference, however, lies in their implementation and the governance framework on which the measures rest.

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