Letters exchanged: Canada-Korea Organic Equivalence Arrangement (CKOEA)

Letter to the Director General of Agri-Food Innovation Policy Bureau; Ministry of agriculture, Food, and Rural Affairs of the Republic of Korea

1400 Merivale Road
Tower 2, 4th Floor
Ottawa ON K1A 0Y9
Canada

October 31, 2023

Mr. Wonsup Yoon
Director General
Agri-Food Innovation Policy Bureau
Ministry of Agriculture, Food and Rural Affairs (MAFRA)
Sejong-si, Republic of Korea

Subject: Recognition of Equivalency with the Republic of Korea

Dear Mr. Yoon,

The Canadian Food Inspection Agency (CFIA) has reviewed the system of the Republic of Korea (hereinafter referred to as "Korea") for organic production, labeling and control based on Korea's Act on the Promotion of Environmentally–Friendly Agriculture and Fisheries and the Management of and Support for Organic Foods(hereinafter referred to as "Korean Organic Food Act"). Pursuant to the Canadian Food Inspection Agency Act and the Safe Food for Canadians Act, the CFIA has determined that processed organic products whose final processing and handling occurs within Korea and are:

• certified by a National Agricultural Products Quality Management Service (hereinafter referred to as "NAQS") accredited Certification Body in conformity with the organic regulations applicable in Korea; and
• accompanied by a valid organic certificate and an export certificate which are issued by a NAQS accredited Certification Body

are deemed equivalent to those products that have been produced and handled in accordance with Part 13 of the Safe Food for Canadians Regulations (SFCR); and may be sold, labeled and represented in Canada as organic, including display of the Canada Organic Logo as well as the Korea Organic Logo. This recognition will be effective as of November 1, 2023 under the requirements set forth in Appendix 1.

The requirements outlined in Appendix 2 apply to the imported organic products.

The CFIA is pleased to acknowledge the MAFRA's recognition of the Canadian organic certification system in its letter of October 31, 2023.

The CFIA, which administers Part 13 of the SFCR, is committed to working with the MAFRA to carry out the terms of this Exchange of Letters.

Sincerely,

Dr. Parthi Muthukumarasamy
Executive Director
International Programs Directorate
Canadian Food Inspection Agency (CFIA)

Appendix 1 Requirements for Granting Equivalency

The CFIA and MAFRA understand that the equivalency decision of the CFIA is subject to the followings:

1. The MAFRA will notify the CFIA in a timely manner of any;
   • changes with respect to Korea's competent authority and NAQS-accredited Certification bodies;
   • proposed legislation or rulemaking in Korea that may affect this Appendix;
   • instances of significant non-compliance with Korea's organic certification program. For purposes of this equivalency determination, "significant" means any non-conformity that materially affects the integrity of the organic product subject to this recognition;
2. Following advance notice from the CFIA, the NAQS will permit the CFIA to conduct periodic evaluations (document reviews or on-site visits) to verify how NAQS accredited certification bodies carry out the requirements of Korea's organic certification program. The NAQS will cooperate and assist the CFIA, to the extent permitted under its national law, in carrying out such evaluations.
3. The NAQS will submit an annual report to the CFIA that will cover the organic activities for the previous year within the current year.
4. The CFIA and the NAQS will participate in discussions or other means they deem appropriate to resolve any issue raised regarding the application of or the activities covered under this Exchange of Letters such as establishing a Technical Working Group to address and resolve implementation and other issues with the equivalency recognition.
5. If the CFIA decides to change its criteria for determining equivalency, it will notify the MAFRA and the NAQS in writing in advance.
6. The CFIA and NAQS will ensure that, by August 2028, the Technical Working Group will review the functioning of this Exchange of Letters with a view to proposing any changes, as needed.

Appendix 2 Import Requirements

The CFIA and the MAFRA understand that the following import requirements apply to this Exchange of Letters:

• (i) A Korean organic "processed food" as defined in the Korean Food Code, will contain at least 95 percent organic content, and will have its final processing and handling within Korea;
• (ii) The organic product will be certified organic under the Korean Organic Food Act and its regulations by a NAQS accredited Certification Body.
• (iii) A Korean organic product covered under this recognition letter and imported into Canada will need to be accompanied by a valid organic certificate issued by a NAQS accredited Certification body and an export organic certificate issued by a NAQS accredited certification body that attests to compliance with the terms of this Exchange of Letters.
• (iv) A Korean organic product covered under this recognition letter for import into Canada will be labeled according to the CFIA organic labeling requirements, and may display the Canada Organic Logo, or the Korean Organic Logo, or both.

Letter to Executive Director, International Programs Directorate, Canadian Food Inspection Agency (CFIA)

Ministry of Agriculture, Food and Rural Affairs
94 Dasom 2-ro
Government Complex-Sejong
Sejong-si 30110
Republic of Korea

October 31, 2023

Dr. Parthi Muthukumarasamy
Executive Director
International Programs Directorate
Canadian Food Inspection Agency (CFIA)

Subject: Recognition of Equivalency with Canada

Dear Dr. Muthukumarasamy,

The Ministry of Agriculture, Food and Rural Affairs (MAFRA) of the Republic of Korea (hereinafter referred to as "Korea") has reviewed Canada's organic system for organic production, labeling and management as set out in the Canadian Food Inspection Agency Act, the Safe Food for Canadians Act and Part 13 of the Safe Food for Canadians Regulations (hereinafter referred to as the "SFCR").

Based on the review, the MAFRA has determined that the organic processed foods produced and handled in compliance with Part 13 of the SFCR are equivalent to the ones produced and handled in compliance with the requirements of Korea's Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management of and Support for Organic Foods (hereinafter referred to as the "Korean Organic Food Act").

Accordingly, subject to the requirements set forth in Appendix 1 of this letter, certain organic processed foods that are produced and handled in compliance with Part 13 of the SFCR are deemed by the MAFRA to have been produced and handled in compliance with the Korean Organic Food Act. These products may be sold, labeled and represented in Korea as organic including display of the Korea Organic Logo as well as the Canada Organic Logo under the requirements set forth in Appendix 1. This recognition will be effective as of November 1, 2023.

The MAFRA is pleased to acknowledge the CFIA's recognition of the Korean organic certification system in its letter of October 31, 2023. Under the MAFRA's delegation, the National Agricultural Products Quality Management Service (hereinafter referred to as "NAQS") is committed to working with the CFIA to carry out the terms of the determination as described in this cover letter and in Appendix 1 and the arrangement regarding the Technical Working Group described in Appendix 2.

Sincerely,

Mr. Wonsup Yoon
Director General
Agri-Food Innovation Policy Bureau
Ministry of Agriculture, Food and Rural Affairs (MAFRA)

Appendix 1 Requirements for Granting Equivalency and Import

The MAFRA and CFIA understand that the equivalency decision of the MAFRA is subject to the followings:

1. The Canadian organic products will be:
   • (i) a "processed food," as defined in the Korean Food Code, will contain at least 95 percent organic content, and will have its final processing and handling in Canada;
   • (ii) certified in accordance with Part 13 of the SFCR by a CFIA accredited Certification Body (CB);
   • (iii) a paraffin-free beekeeping product or a product that does not contain beekeeping products made with paraffin as an ingredient;
   • (iv) a product that does not contain ingredients derived from agricultural products produced using growth regulators;
   • (v) subject to the residue testing requirements, including testing for prohibited substances and methods (prohibited under CAN/CGSB 32.310 pesticides, irradiation and genetically modified organisms), and with subsequent regulatory actions, in accordance with Article 23-2 and Article 31 of the Korean Organic Food Act.
2. A Canadian product covered under Paragraph 1 above for import into Korea (hereinafter referred to as "Canadian organic processed food") will be labeled according to Korea organic labeling requirements, and may display the Korea Organic Logo, or the Canada Organic Logo, or both.
   
3. Canadian organic processed food imported into Korea will be accompanied by a valid organic certificate and a NAQS Import Certificate of organic processed foods issued by a CFIA-accredited CB that attests to compliance with the terms of this Appendix.
   
4. The CFIA will notify the NAQS in a timely manner of any instances of the followings:
   • (i) Changes with respect to the accreditation status of CFIA-accredited CBs; and
   • (ii) Proposed or final regulations or guidelines in Canada that may affect this Appendix.
     
5. Following the advance notice from the NAQS, the CFIA will permit NAQS officials to conduct periodic on-site evaluations in Canada to verify that the relevant regulatory authorities and CBs are carrying out the requirements of the Canadian organic certification system. The CFIA will cooperate with and assist the NAQS, to the extent permitted by the applicable laws, in carrying out these on-site evaluations, which include visits to the offices of relevant regulatory authorities, CB offices, production facilities, and farms that CBs have certified in Canada;
6. The CFIA will provide to the NAQS the following documents on an annual basis:
   • (i) A report that contains information regarding the types and quantities of Canadian organic processed foods exported to Korea under this Appendix;
   • (ii) A report that contains the types of non-compliances identified by the CFIA during any oversight reviews or audits, and measures taken by the CFIA to ensure that non-compliances were corrected; and
   • (iii) A list of CBs of the Canadian Organic Regulations accredited by the CFIA.
     

Appendix 2 Technical Working Group

1. The NAQS and CFIA are committed to working together in a Technical Working Group consisting of the representatives of the CFIA and representatives of the NAQS.
2. The mandate of the Technical Working Group is to enhance regulatory and standards cooperation between Korea and Canada on the issues related to organic agricultural products.
3. The Technical Working Group should meet no later than one year after the signing of this letter to review operations of the arrangement, discuss the scope of the arrangement, assess progress on identified technical issues, and discuss best practices and other issues related to organic agricultural products. The Technical Working Group expects to meet annually thereafter unless otherwise decided.