Guideline n 1: The ECOCERT SA NOP Certification System According to the USDA National Organic Program (NOP) This guideline does not replace the current Regulation. To know the organic production requirements, it is necessary to download and read carefully the NOP Regulation available on the USDA website: http://www.ams.usda.gov/amsv1.0/nop Tel: +33 562 07 66 13 - Fax: +33 562 07 11 67 - Email: office.international@ecocert.com - www.ecocert.com 1
I. Introduction Since October 21, 2002, The U.S. has its own Regulation according production, labeling and inspection of organic products: the National Organic Program (NOP). The NOP is governed by the USDA (United States Department of Agriculture). There is no equivalency between EU and USDA Regulation for organic products. Then, to export organic products in the U.S, a NOP Certificate for all products exported is required. ECOCERT, accredited by the USDA, may certify each production and handling operation that produces or handles crops, livestock, livestock products, or other agricultural products intended to be labelled as organic. The NOP Regulation concerns the part 205 in the Title 7 of the Code of Federal Regulations. It is available in free-access on the USDA website on http://www.ams.usda.gov/amsv1.0/nop (click on NOP Regulations then Electronic Code of Federal Regulations ) in order to familiar with the Rules. The NOP in its latest version is the relevant basis for all certification work conducted by ECOCERT, no further requirements are applied. It contains seven subparts but the most relevant for organic operators are subparts C, D, and G. II. Lexical Organic System Plan: a file or a document which specifies in detail the management of the organic operation and which is validated by the operator and by Ecocert. This plan includes written detailed information concerning the activity of the operator, in particular an analysis of the potential risks which can compromise the integrity of the product. Inputs: all products used by the operator in the organic production facilities or on the equipments cleaning and/or materials. They can concern fertilizers, pesticides, ingredients, processing aids, cleaning agents, etc. Product subcontractor: an operator who realizes a handling operation of organic products (production, processing, packaging, labeling, export, etc.) on behalf of the main operator. The product subcontractor buys raw materials and ingredients. He must be inspected in the same way as the main operator and must be in compliance with the NOP. Operation subcontractor: an operator who realizes an operation on behalf of the principal operator but who does not buy the raw material. He must be inspected in the same way as the main operator and must be in compliance with the NOP. Supplier: an operator who provides organic inputs or organic ingredients which comply with the NOP and which can be used for the organic operation. The check of the NOP compliance of the product coming from the supplier returns to the main operator. Inspection: the inspection and evaluation of a handling operation (including production, packaging, export, etc.) for an applicant or an certified operator (renewal) to determine the compliance with the NOP. Certification: a decision taken by a certification body that an operation which produces or packages organic products is in compliance with the NOP and which is formalized by a NOP certificate. Tel: +33 562 07 66 13 - Fax: +33 562 07 66 19- Email: office.international@ecocert.com www.ecocert.com 2
III. The scope ( 205.100) A. Activity types Each production or handling operation that produces or handles crops, livestock, livestock products, and other agricultural products even if special standards do not exist yet (e.g. honey, mushrooms, cosmetic products or textile as far as based on agricultural ingredients) must be certified. Exclusions from Certification: Handling operations if they only sell products that are packaged or otherwise enclosed in a container prior to being received by the operation and remain in the same package or container and are not otherwise processed while in the control of the handling operation. Retail food establishments that process raw and ready-to-eat organic food All subcontractors activity must be inspected under the NOP. If the subcontractor is already inspected /certified by another certification body than Ecocert under the NOP, he has to provide a written attestation (co-signed by the main operator) that he authorizes the information exchanges between both certification bodies. These information could be on his activity and the inspection review (a authorization sheet is available on inquiry). In case of compliance, the subcontractor cannot be subjected to the control. B. Products The animal aquaculture products are not included in the NOP scope (fish, mollusks, etc.). However, seaweed collected can be certified as a wild crop and cultivated freshwater algae like spirulina can be certified as a crop. Exemptions from Certification: Operations that sell agricultural products as organic but whose gross agricultural income from organic sales totals $ 5,000 or less annually. The products from such operation shall not be used as ingredient identified as organic in processed products produces by another handling operation. Retail food establishments A handling operation that only handles products containing less than 70% organic ingredients or products identifying organic ingredients only on the information panel Tel: +33 562 07 66 13 - Fax: +33 562 07 66 19- Email: office.international@ecocert.com www.ecocert.com 3
IV. Certification request and review of the Organic System Plan (OSP) ( 205.201) The applicant must fill an application form to allow an estimation of costs for the inspection and certification service. After agreement to these costs, a service provision contract is signed between the applicant and ECOCERT. Then the applicant must set up an OSP (Organic system plan) according 205.201. ECOCERT reviews the application materials as with regard to completeness and (possible) compliance with the rules, the result of this review is informed to the applicant prior to inspection ( 205.402). The OSP includes: Procedures of the process Description of traceability system List of products to certify List of input (cf. definition) used for crop, processing or handling as well as their technical sheets Complete making of inputs Be careful technical sheets are not sufficient most of the time!! Organic and non organic fields maps (including borders and buffer zones) Process unit map Processing/storage procedures, record keeping Description of measures to prevent commingling and contamination Food Security measures and cleaning of facilities with list of cleaning products Description of measures for pest control Any additional information that could be necessary to prove the activity conformity with NOP All these documents must be kept recorded for 5 years. BE CAREFUL! All inputs, listed in the OSP, as well as processing aids (ex: filter aids, gas, etc.) must appear in the Organic System Plan. Active and not active substance (inert) must be listed. Cliquez pour ajouter Certification du texte Improvement Actions Inspection Validation of the Organic System Plan OSP management - First application : OSP must be completed and validated by Ecocert before inspection - Annual renewal : annual update and validation by Ecocert OR in case of major change (ex. use of new input) 4 Tel: +33 562 07 66 13 - Fax: +33 562 07 66 19 - Email: office.international@ecocert.com www.ecocert.com
V. Inspection The ECOCERT inspection will be conducted: Within a reasonable time following the determination that the applicant appears to comply with NOP (may be delayed for up to 6 months to comply with the requirement that the inspection be conducted when the land, facilities, and activities that demonstrate compliance can be observed). After the advance payment is made By an experienced inspector To check compliance with the rule and accuracy of the OSP/application materials The applicant/operator must: Permit on-site inspection with complete access to the operation, including noncertified production and handling areas, structures, and offices ( 205.400 (c)). Made available the records adapted to his particular business that fully disclose all activities and transactions ( 205.103). Additional on-site inspections (announced or unannounced) may be done in case of need. The inspector: Will make an exit interview with an authorized representative of the operation to confirm the accuracy and completeness of inspection observations and information gathered during inspection at the end of inspection. Will also address the need for any additional information as well as any issue of concern. Will prepare an on-site inspection report. VI. Certification The inspection report (plus additional documents) is reviewed by the ECOCERT certification staff. The certification officer then sets up a Notice of noncompliance or report review to inform the operator about the result of this review. In case non-compliances were detected, it gives a description of each non-compliance, the facts upon which it is based, and the date by which it must be rebutted or corrected. When the corrective actions are evaluated as being sufficient, ECOCERT issues a certificate for the organic operation as well as a letter confirming the resolution of non-compliances. For continuation of certification, the operator must annually pay the certification fees and submit, as applicable, an updated OSP informing about all changes on the operation ( 205.406). The inspection and certification process takes place every year. By use of the ECOCERT sanction catalogue it is ensured that similar non-compliances get the same sanction levels and improvement requests/delays. The review has to be signed by the operator, and actions are to be taken to correct the stated non-compliances. 5 Tel: +33 562 07 66 13 - Fax: +33 562 07 66 19- Email: office.international@ecocert.com www.ecocert.com
VII. Denials, revocations and suspensions Denial of Certification ( 205.405) When an applicant for certification does not comply with the rule and correction of the noncompliance is not possible; or when an applicant fails to respond to the certification decision, certification is denied. The applicant may then reapply for certification, request mediation, or file an appeal ( 205.405 (d)). When the applicant submits a new application to another certifying agency, a copy of ECOCERT s certification decision/denial of certification and a description of the actions taken must be submitted. Suspension or Revocation of Certification ( 205.662) When non-compliances of a certified operation are detected which cannot be corrected, or when the operator fails to correct noncompliances within the prescribed time period, certification of the entire operation or a portion of the operation is proposed to be suspended or revoked. If, within 30 days after the written proposal, the operation fails to resolve the issue through rebuttal or mediation, or to file an appeal, a notification of suspension or revocation is sent. A certified operation whose certification has been suspended may at any time submit a request to the Secretary for reinstatement of its certification. A certified operation or a person responsibly connected with an operation whose certification has been revoked will be ineligible to receive certification for a period of 5 years; except that, the Secretary may reduce or eliminate the period of ineligibility. The decision if certification is suspended or revoked will be taken by ECOCERT depending on the severity of noncompliance (e.g. unintended vs. intended). VIII. The ECOCERT Supervisory Committee The ECOCERT certification system is supervised by the Supervisory Committee, an independent technical body. The committee is not involved in taking decisions, but responsible for Supervision of the company s certification policy, Approval and supervision of the certification process, which includes rules for issuance of certificates, for the application of the certification procedures, and the sanction catalogue, Expressing its view on changes of the certification procedure, Advising the certification staff with regard to special issues, Maintenance of work relation with the certification manager who is head of the certification staff PUBLICATIONS As required according to 205.501(a) (i,ii), ECOCERT will notify your activity to the USDA; your activity will be available in public access on Ecocert web site and on the NOP homepage. The notification to the USDA also includes information about every case of severe deviation leading to (proposed) suspension or revocation. Tel: +33 562 07 66 13 - Fax: +33 562 07 66 19 - Email: office.international@ecocert.com www.ecocert.com 6
IX. NOP categories and Labeling (205.300 to 205.305) Packaged organic products could be labeled according 4 classifications regarding the composition: 100% Organic: 100% organic ingredients including organic processing aids Organic: at least 95% organic ingredients on the total of ingredients Made with organic : (specific ingredients or food groups): maximum 3 organic ingredient listed on the label, USDA seal not allowed): at least 70% organic ingredients on the total ingredients Contains some organic ingredients: (<70% organic ingredients): organic reference only in the ingredient statement, USDA seal not allowed. Certification does not apply for this classification. Labeling used for final consumers have to be validated by ECOCERT. USDA seal is not compulsory. ALLOWED NOT ALLOWED Crops Natural substances (not synthetic) not listed in 205.602 Synthetic substances listed in 205.601 Animal production Synthetic substances listed in 205.603 GMO and cloned animal products, Ionizing radiation, Sewage sludge. Crops Most of conventional pesticides Natural substances listed in 205.602 Livestock: Animal drugs, including hormones, antibiotics, nonsynthetic substances listed in 205.604 7 Tel: +33 562 07 66 13 - Fax: +33 562 07 11 67- Email: office.international@ecocert.com www.ecocert.com
TS01(NOP)v06en ALLOWED for raw material and processed products: 100% organic Organic Made With Organic ingredients Non organically produces ingredients Not allowed Agricultural ingredients non organic listed in 205.606 only if not organically available Agricultural ingredients non GMO, non ionized and produced without sewage sludge Additives and processing aids Not allowed excepted if 100% organic Non agricultural substances (non organic) listed in 205.605 You will find all information about the NOP on the USDA-NOP homepage: http://www.ams.usda.gov/amsv1.0/nop You can check yourself the compliance for using an input according the NOP on the OMRI homepage www.omri.org (the Commercial Product list is in free access, the Generic Materials list must be submitted). You will find more information on ECOCERT homepage: www.ecocert.com (certification, certified inputs, other activities, ) If you need further information, we are at your disposal for technical questions. Bearing social and ecological values 2 www.ecocert.com Tel: +33 562076613 - Fax: +33 562071167 - Email: office.international@ecocert.com