Monitoring

Does an uncertified firm have the right to use the term "organic"?

No, every agrifood producer or processor must be certified in order to legally use the term "organic," or any other of the various synonyms and derivatives of this term.

Note however that firms whose activities, products or services are not covered under the specific regulations established within the framework of Quebec's organic reference standards are not required to be certified when they use the term organic. For example, a firm selling vacuum cleaners known as "organic" need not be certified because this type of product does not fall within the Act's field of reference.

In what manner should the term "organic" be used?

The use of the "organic" term is governed by a series of directives that may be found on the CARTV's Website.

Firms marketing foodstuffs that result from organic agriculture must refer to the Directive ORG 1.

Firms that sub-contract the manufacture and/or packaging of their foodstuffs before selling them under private brand names (or controlled brands) must refer to the Directive ORG 2.

What fines will be incurred when the regulations on the use of "organic" designations are not respected?

Firms using the designation "organic" and found to be violating Chapter V regulations from the Act Respecting Reserved Designations are liable to fines varying from $2,000 to over $20,000 and in the event of repetition, fines from $4,000 to over $60,000.

Who is responsible for supervising and applying the Act?

The Conseil des appellations réservées et des termes valorisants(CARTV) has been mandated to do so by the Ministry of Agriculture, the Fisheries and Food of Québec (MAPAQ).

What legal procedures are generally initiated by the CARTV to ensure the Act will be respected?

Whenever the CARTV identifies a case of non compliance, it sends a preliminary warning notice without prejudice to the offending firm or individual, giving them four weeks to correct the situation. If following this period the problem identified has not been corrected, the CARTV will then send a formal notice to the firm concerned, requesting them to immediately stop committing the cited offence.

Finally, if the firm still has not acted, the CARTV will draft a report on the offence and then transmit it to the Attorney General in order to have a final statement issued, stating the punishment in accordance with the violation detected. Whatever the case, it is the firm's right to comply with the law and or to defend itself in court.

Are there any non-compliant products in Quebec?

Very few. In this regard Quebec's system has proven very effective. The most serious problems encountered on the market have to do with products originating from other Canadian provinces where the prevailing certification system works on a voluntary basis.

How can we be sure that organic food producers meet the standards that apply to organic farming or processing?

There are several organic certifying bodies that verify whether or not procedures used by organic food producers meet these standards. According to these standards, producers wish to have the current year's harvest certified must ensure that no forbidden substances were used for the three years preceding it. As for processors, certifiers must verify that the methods used comply with their reference standards pertaining to organic food manufacturing. Also, certifiers must inspect production systems at least once a year in order to make sure that organic certification may indeed be properly maintained for those foods involved.