5. Conditions Governing the Acceptance of Products From Outside of Quebec

5.1 Products included within the CARTV's scope of authority and currently standardized

It is obligatory that they be certified by an organization approved by the CARTV. Requirements that certifying bodies must meet to obtain this approval are specified in the Regulation Pertaining to the Recognition of Bodies Certifying Products from Outside Quebec.

5.1.1 Distinctive requirements relating to organically designated products.

To be accepted, products whose labeling mentions the term “organic” or any derivative term (biologique, bio, etc.) must be certified in accordance with requirements judged as similar to those included in the categories covered by the Quebec Organic Reference Standard , and mentioned in Section 2, Paragraph 1.1.1 of this program.

Any product included in one of the categories covered by the Quebec Organic Reference Standard, yet not specifically covered by the standards (national or private) according to which this product was certified in its country of origin, must again be certified by a certifying body approved by the CARTV, in accordance with the requirements specified in the Quebec Organic Reference Standard for that category of products. Once it has reviewed the file this body has submitted for approval, the CARTV shall inform each certifying body it has approved of the product categories accepted for sale in Quebec, according to the standards used by this certifying body outside of Quebec to certify organic products. Products resulting from production methods prohibited by the Quebec Organic Reference Standard (i.e., hydroponics and aeroponics, etc.) may not be labelled as “organic” in Quebec.

Exporters of products whose labeling bears a list of "organic" ingredients comprising less than 70% of the product’s total ingredients, must obtain a certificate of verification for these ingredients from a certifying body recognized by the CARTV.

5.2 Products included in the CARTV's scope of authority but not subjected to production standards yet

For this type of product, a reserved designation including an allegation (e.g.: "organic") may only be used once special authorization has been granted by the CARTV following an appropriate application. To be granted, one of the following two conditions must be met:

The product was certified by a CARTV-approved organization and originates from a territory that is under the jurisdiction of a proper authority that has approved standards for the category to which the product belongs.
The product, not originating from a territory under the jurisdiction of a proper authority, has been certified by a CARTV-approved organization whose set of specifications used to evaluate this product were approved by the concerned section of the Standard Committee.

5.3 Products excluded from the CARTV's scope of authority

These products may be certified by an official certifying organization upon request. In this case, the identification mark being used for a reserved designation and its certification should not lead to any confusion with the one used for other products included within the CARTV's scope. Anyone making a claim such as found within a reserved designation made for any product excluded from the CARTV's scope must respect the federal and provincial laws concerning the veracity of this allegation.

5.4 Imported Ingredients used by Quebec companies in product preparation

In order to grant certification to operators, all certifiers accredited by the CARTV may only approve the purchase of imported ingredients certified in accordance to the standards and acceptance conditions pertaining to the concerned designation (e.g. organic) by one or the other of the following types of organizations:

Approved Certifiers (either accredited or even recognized)as compliant by the CARTV, provided that the product origin territory was also accepted by the CARTV for this body;
Certifiers for whom recognition is obligatory in accordance with the regulatory framework governing the accredited certifier (e.g.: National Organic Program in the United States) when products certified in Quebec are intended for markets governed by this regulatory framework.

For the preparation of organic products in Quebec, the use of ingredients, additives or manufacturing aids derived from products resulting from genetic engineering (GMOs) is prohibited. Whenever a Quebec operator imports product inputs belonging to one of these categories and for which an equivalent resulting from genetically modified crops or livestock is available according to the official list found at the Health Canada Web site :

http://www.hc-sc.gc.ca/english/protection/biotech/products.htm

then in addition to the organic compliance certificate the operator must request from its suppliers a written guarantee declaring that this same product meets the accredited certifying body's requirements with respect to the absence of genetically modified organisms.

5.5 Ingredients included in food products imported in Quebec

Any food product exported to Quebec must exclusively contain ingredients from agricultural origin coming from companies that were granted for each of their products, a certificate attesting their compliance to the concerned standards (e.g. organic) by one or the other of the following types of organizations:

CARTV approved certifier, provided that the product origin territory was also accepted by the CARTV for this body;
Certifiers for whom recognition is obligatory in accordance with the regulatory framework governing the accredited certifier. (i.e. USDA; UKROFS; SENASA; AQIS, etc.) or;
Certifiers with whom the CARTV approved body has signed a mutual recognition agreement, the legal validity of which has been recognized by an accreditation body (i.e. the agreement signed by IOAS accredited certifiers).

5.6 Labeling of products destined for sale in Quebec territory

The following rules shall be followed by all enterprises producing and preparing agricultural food and products using a reserved designation for the purpose of selling them on the Quebec market. The following essential data elements shall appear both on the product label affixed to packaging and on all commercial documents to this product in addition to those required by the Canadian Food Inspection Agency :

The company's identification (name or identifying code) to which an accredited body has issued an organic compliance certificate for the production or the most recent preparation operation (depending on which one applies), resulting in the certified product;
The trade name (either full name or acronym) of the certifier to which the operator is subject , inscribed in a clear and readable manner;
Lot / batch number, if applicable;
Mention of the reserved designation in accordance with the rules stated below.

5.6.1 Information referring to organic production methods

5.6.1.1 Products shall be considered as bearing information referring to organic production methods when these products or their ingredients are identified using the following terms (or their abbreviations) on labels and in advertising or commercial documents:

"Organic";
"Biological";
"Ecological";
"Biodynamic"
Any similar term intended to lead retailers and consumers to understand by this reference that these product result from organic agriculture.

5.6.1.2 Section 5.6.1.1 shall not apply when these terms clearly have no connection with the production method (e.g.: ecological house).

Products in their final packing

5.6.1.3 Every finished product whose labeling bears any mention of the term "organic" must always clearly indicate the name (firm name) of the certifying body having issued the compliance certificate to the operator that carried out the most recent operation resulting in this product. Affixation of the certification seal or logo on the label is optional.

5.6.1.4 When certified agricultural products have less than 100% ingredients of organic origin, persons marketing them shall abide by the follow labeling rules:

Any mention on the label that a product is "organic" is only allowed on products where at least 95% (by weight or volume, excluding salt and water) of their ingredients originate from organic agriculture. Exceptions to this rule include :
- Wine and alcoholic drinks whose processing operations (wine making, etc.) were monitored by an accredited certifier, and to which sulphites have been added: the label affixed to product packaging must mention "wine made from organic grapes" when used for wine, or an equivalent mention when used for other alcoholic drinks (effective January 1, 2006).
The mention "contains X% of ingredients certified as organic" on the packaging is obligatory for those products where between 70% and 95% (by weight or volume, excluding salt and water) of their ingredients originate from organic agriculture.
Information on the list of ingredients pertaining to the organic nature of certain product ingredients is only authorized if the product has been certified (if it contains 70% or more organic ingredients) or has been verified (if it contains less than 70% organic ingredients) by a CARTV-approved certifier, and in so far as any ingredient contained in the product is not in both an organic and non-organic format.
When a product's contents are not 100% organic, the list of ingredients shall make a clear distinction between those ingredients that are organic and those that are not. However, the organic ingredients on this list shall be mentioned using a format, color and font style similar to those used to list ingredients not of organic origins. Finally, all additives and processing aids that remain in the products shall appear in the list of ingredients.
The name (trade name) of the certification body that certified every product or checked ingredients of a product displaying the term "organic" on its label shall also be inscribed and easily legible on its packaging. The Labeling Requirements Table attached to this directive indicates the location where the certification body's name shall appear, in accordance with the product's composition.
The presence on the finished product's label of any seal of conformity to the standard, of the certifying body's logo and address is optional for any product containing 70% of organic ingredients or more. This information is prohibited for products inadmissible for organic certification, such as those containing less than 70% of organic ingredients and for which a verification certificate had simply been issued by the certifier, or even input and services that had only been approved by a certifier.

5.6.1.5 The product's list of ingredients must include all the principal ingredients in descending order, according to weights used in the recipe. Secondary ingredients such as spices, seasonings, fines herbs, natural flavoring, vitamins, additives and processing aids that either remain in substantial quantities, fulfill some purpose in the food or alter it in some manner may however be placed at the end of the ingredient list in any order. Non-organic ingredients shall be indicated as such. It is unacceptable that unauthorized ingredients be dissimulated through an overly general statement of ingredient composition.

5.6.1.6 If herbs and spices constitute less than 2% of the total weight of the product and are not individually listed, they shall be listed as "herbs" or "spices." In such cases, the complete mixture used shall be made available to the certification body's inspector.

5.6.1.7 Any mention of the following items is prohibited, both on the label attached to the product's packaging and on all transaction certificates referring to them:

Any claim leading to a belief that a food product does not contain any ingredient resulting from genetic engineering (GMO), except if independent tests can prove it and if it is a product composed of one or more ingredients whose equivalent versions can be produced in the form of genetically modified crops included in the official list on the Health Canada Web site :
http://www.hc-sc.gc.ca/francais/protection/biotech/produits.htm.
Use of the term "organic" or any synonyms mentioned in 5.6.1.1 on the main panel of the packaging, when the product contains less than 95% organic ingredients originating from organic agriculture.
Any mention added to the label (other than the list of ingredients) which leads to the belief that the product contains organic ingredients when the product contains less than 70% organic ingredients originating from organic agriculture.
The corporate logo of the certification body that verified ingredients of the product when it contains less than 70% organic ingredients.

Fresh fruit and vegetables

5.6.1.8 Operators who produce organic fruit and vegetables intended for the Quebec market must comply with the following labeling rules:

Perishable foods, such as certified fruit and vegetables, shipped and intended for sale in the Quebec market, shall be individually labeled (using stickers or others methods) by the operator holding an organic compliance certificate for these products.
When, due to their specific nature, products cannot be labeled individually (e.g. grapes), then it is the unit of sale (grape or broccoli bunch, parsley bundle, etc.) that shall be affixed with a label.
The operator that holds the certificate shall print its name (or identification codes allotted by the certification body) along with the name of the certifier on all labels attached directly to fruit, vegetables and other food products in this format.
In exceptional cases, when no labels can be affixed to each fruit or vegetable, they shall be packaged with a label affixed. This packaging and labeling is the responsibility of the certificate holder. Labels shall include all information required by Article 5.6 a, b, d, e.

Organic Products Packaged on a Temporary Basis

5.6.1.9 The containers being used for storage and/or transportation of organic products not yet processed and not yet in their final packing shall list the following information:

the name and address of those responsible for producing or preparing the product;
the product name;
the product lot number;
a mention of the product's organic status;
the name of the certification body for the product.

The documents accompanying them shall include this information along with a proof of certification issued by the certification body (certificate or transaction voucher).