Purpose

1  The purpose of this regulation is to establish a program to enable persons to be certified if they meet standards for the farming, gathering, processing, packaging, selling or handling of organic food products so that the public can be made aware which food products meet those standards.

Definitions

2  In this regulation:

"Act" means the Agri-Food Choice and Quality Act;

"Administrator" means the Certified Organic Associations of British Columbia;

"certificate" means the certificate referred to in section 2 of the Act;

"producer certifying agency" means a society, incorporated under the Society Act,

(a) which is a voting member in good standing of the Certified Organic Associations of British Columbia, and

(b) whose members are persons engaged in the farming or gathering of organic food products;

"program symbol" means the composite mark consisting of the phrase "British Columbia Certified Organic" and the symbol established by the Administrator in the British Columbia Certified Organic Program Symbol User's Guide, as amended from time to time, a copy of which may be obtained from the Administrator;

"trade certifying agency" means a society incorporated under the Society Act

(a) which is a voting member in good standing of the Certified Organic Associations of British Columbia, and

(b) whose members are persons engaged in the processing, packaging, selling or handling of organic food products.

[am. B.C. Regs. 329/94, s. 1; 307/2012, s. (a).]

Prescribed phrase and symbol

3  For all the purposes of section 3 of the Act

(a) the phrase "British Columbia Certified Organic" is prescribed as a phrase, and

(b) the program symbol is prescribed as a symbol.

[en. B.C. Reg. 329/94, s. 2.]

Who is eligible to hold a certificate?

4  A member in good standing of a producer certifying agency or trade certifying agency is eligible to hold a certificate.

How to get a certificate

5  (1) A person may apply to the producer certifying agency or trade certifying agency to which the person belongs for the issuance of a certificate.

(2) The producer certifying agency or trade certifying agency may issue a certificate only to a person who meets the standards for farming, gathering, processing, packaging, selling or handling, as the case may be, that are set out in the British Columbia Certified Organic Production Operation Policies and Management Standards, as amended from time to time, a copy of which may be obtained from the Administrator.

[am. B.C. Regs. 329/94, s. 3; 82/97; 22/2002; 105/2003, s. (a); 426/2004; 307/2012, s. (b).]

Powers of the Administrator

6  (1) The Administrator is appointed and empowered to administer the program established by this regulation subject to the condition that it fulfill the duties set out in section 7.

(2) Without restricting the generality of subsection (1) the Administrator is empowered to

(a) make decisions respecting a certificate, including its issue, amendment, renewal, suspension or cancellation, the attachment of conditions to a certificate and, subject to sections 10 and 11, appeals from those decisions,

(b) charge fees that relate to the cost of exercising the powers referred to in paragraph (a),

(c) delegate the powers in paragraphs (a) and (b) to

(i) its own committees, and

(ii) producer certifying agencies and trade certifying agencies in such a way that they can exercise those powers only in respect of their own members.

Duties of the Administrator

7  The duties of the Administrator in administering the program established by this regulation are

(a) to delegate the powers referred to in section 6 (2) (a) to producer certifying agencies and trade certifying agencies so that they can exercise those powers in respect of their own members,

(b) to admit as a voting member of the Certified Organic Associations of British Columbia only a society incorporated under the Society Act,

(i) some of whose members are engaged in the farming, gathering, processing, packaging, selling or handling of organic food products,

(ii) whose members meet the standards referred to in section 5 (2) if they use the phrase "British Columbia Certified Organic" or the program symbol to seal, label, describe or advertise a food product,

(iii) which has a certification program, acceptable to the Administrator, to ensure that its members maintain the standards referred to in section 5 (2),

(iv) which has an appeal mechanism, satisfactory to the Administrator, for the appeal of any of its decisions concerning a certificate, or concerning the refusal of membership or cancellation of membership,

(c) to issue memberships to those who meet the requirements for membership and to cancel or suspend the membership of a member that does not adhere to the requirements for membership,

(d) to set standards for the appeal referred to in paragraph (b) (iv),

(e) to admit as a non-voting member a person designated for that purpose by the minister,

(f) to audit the practices of its voting members to ensure that they meet the requirements of the Act and of membership in the Certified Organic Associations of British Columbia,

(g) to develop training programs, qualification requirements and codes of practice for verification inspectors hired by voting members,

(h) to monitor the use of the designation "British Columbia Certified Organic" and the program symbol by its voting members,

(i) to maintain at its head office a register containing the name of every person to whom a certificate has been issued and to make this information available to the public by

(i) making the register available for public inspection during normal business hours, and

(ii) answering inquiries from the public respecting the register,

(j) to report annually to the minister providing information respecting the program that the minister requires, including a report on the Administrator's activities for the past year, a list of current officers, directors, committees and committee members and a financial report,

(k) to provide information respecting the program to the minister on the minister's request,

(l) to allow an inspector appointed under section 4 of the Act to inspect the Administrator's records and audit its practices,

(m) to not change its bylaws without the prior approval of the minister, and

(n) to provide an appeal from its decisions concerning the refusal or cancellation of membership.

[am. B.C. Reg. 329/94, s. 4.]

Certificate term

8  The term of a certificate on its issuance or renewal is 12 months.

[en. B.C. Reg. 105/2003, s. (b).]

Certificate conditions

9  A certificate holder must comply with the conditions attached to the certificate.

Appeals from a decision of a producer certifying agency or trade certifying agency

10  (1) A producer certifying agency or trade certifying agency must give any decision it makes respecting the issuance, suspension, or cancellation of a certificate to the person affected by the decision, in writing.

(2) A member of a producer certifying agency or trade certifying agency may appeal a decision of the agency respecting the issuance, suspension or cancellation of a certificate by delivering a written notice of appeal to the agency within 30 days of receiving the decision.

(3) The agency must deliver a written notice of hearing to the member within 30 days of receiving the member's notice of appeal.

(4) The notice of hearing must set out the time and place for the hearing.

Appeals from a decision of the Administrator

11  (1) The Administrator must give any decision it makes respecting the issuance, suspension or cancellation of membership in the Certified Organic Associations of British Columbia to the person affected by the decision, in writing.

(2) A society that has been refused membership in the Certified Organic Associations of British Columbia, or whose membership the Certified Organic Associations of British Columbia suspends or cancels, may appeal the decision by delivering a written notice of appeal to the Administrator within 30 days of receiving the decision.

(3) The Administrator must deliver a written notice of hearing to the member within 30 days of receiving the member's notice of appeal.

(4) The notice of hearing must set out the time and place for the hearing.

Duty of Certified Organic Associations of British Columbia to surrender documents

12  If the Certified Organic Associations of British Columbia ceases to be the administrator of the program, it must immediately give all documents that relate to the program to the minister.