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Memorandum of Understanding Between the Canadian Food Inspection Agency and the Secretariat for Agriculture and Rural Development of the United Mexican States for the Recognition of Organic Products Equivalence

The Canadian Food Inspection Agency (CFIA), and the Secretariat for Agriculture and Rural Development (AGRICULTURA) of the United Mexican States (Mexico), hereinafter referred to as "the Participants";

Considering their interest to maintain and strengthen their relationships in the exchange of organic products;

Bearing in mind that they have carried out assessments that identify similarities and differences in Control Systems and organic regulatory frameworks, respectively;

Recognizing that in achieving equivalence for organic products, they focus their efforts to increase confidence among their consumers, strengthen institutional cooperation processes and facilitate bilateral trade;

Considering that AGRICULTURA designates the National Service for Animal and Plant Health, Food Safety and Quality (SENASICA) to implement this Memorandum of Understanding (MOU) on its behalf,

Have reached the following Understanding:

  1. The Participants will simultaneously issue the determination of equivalence for organic products by the CFIA and by the SENASICA, in accordance with the provisions of Appendixes I and II to this MOU. These equivalence determinations are separate and unilateral, in which:
    1. Pursuant to the Canadian Food Inspection Agency Act and the Safe Food For Canadians Act, the CFIA has determined that agricultural products of plant origin, including fungi and processed foods of plant origin, and beekeeping products, which are grown or produced in Mexico or whose final processing and packaging occurs within Mexico, are deemed equivalent to those products that have been produced and processed in accordance with Part 13 of Safe Food for Canadians Regulations ((SFCR) 2019); and may be sold, labelled and represented in Canada as organic under the conditions set forth in Appendix II.
    2. Pursuant to article 47 of the Regulations of the Organic Products Law, SENASICA recognizes that the Canadian Control System for organic products is equivalent to the Mexican Control System under the terms of the Organic Products Law and its applicable legal provisions, and that organic products from plant or animal origin which are grown or produced in Canada or whose final processing and packaging occurs within Canada, may be sold, labelled and represented in Mexico as organic under the conditions set forth in Appendix I.
  2. The Participants will establish a Technical Working Group (TWG) to address any issues concerning the activities carried out under this MOU. The Participants understand that the TWG will:
    1. consist of technical experts from CFIA and SENASICA
    2. meet annually, unless they jointly decide otherwise, and will communicate with them on a regular basis at the technical level to ensure that both programs are aware of changes in program criteria, and other relevant operational changes
    3. foster technical cooperation between the competent authorities and share best practices related to implementing robust oversight controls
    4. promote best practices in the administration of control systems for organic products
    5. examine the further development and scope of each country's equivalency recognitions and
    6. review the functioning of this MOU with a view to proposing any changes, as needed by January 30, 2027
  3. The Participants will resolve any issues concerning the interpretation and application of this MOU through consultations.
  4. This MOU is not legally binding.
    1. This MOU will take effect on the date of its last signature by the Participants and will remain valid for three (3) years, during which time both Parties will continue to assess the effectiveness of any enforcement actions taken to address issues with non-complaint organic products traded between the two countries. After the initial three (3) years term, the Participants may extend this MOU upon their mutual consent for a term they jointly decide upon.
    2. The Participants may modify this MOU upon their mutual written consent.
    3. Either Participant may terminate this MOU by giving a ninety (90) days written notice to the other Participant.

Signed in duplicate at Ottawa, Canada on the 30th day of the month of January 2024, and at Mexico City, Mexico, in the English, French and Spanish languages, each version being equally valid.

For the Canadian Food Inspection Agency:
Parthiban Muthukumarasamy
Executive Director
International Programs Directorate

For the Secretariat for Agriculture and Rural Development of the United Mexican States:
Víctor Manuel Villalobos Arámbula
Secretary

Appendix I

Conditions for Granting Equivalency to Canadian Organic Products

For the purpose of this MOU "Canadian organic product": means agricultural products of plant origin, including fungi products, processed foods of plant or animal origin, livestock and livestock products, and beekeeping products, which are grown or produced in Canada or whose final processingFootnote 1 occurs within Canada and are certified as organic under the Canada Organic Regime (COR) by a CFIA accredited Certification Body (CB).

  1. The Participants understand that for AGRICULTURA to be able to grant equivalency to Canadian organic products the following conditions are required to be fulfilled:
    1. A Canadian organic product:
      1. is required to be labeled according to the Mexican organic labeling requirements described in the Organic Products Law (LPO, as its acronym in Spanish) and its applicable legal provisions
      2. may display the Canadian Organic Logo and/or the National Label for organic products from AGRICULTURA and
      3. is required to be accompanied by an organic certificate and an "International Transactions Document", template O-SQ-F03 that attests to compliance with the terms of this MOU, issued by a CB accredited by the CFIA
  2. The CFIA will notify SENASICA in a timely manner of any:
    1. changes with respect to the accreditation status of any of the CFIA-accredited CBs
    2. proposed and final regulations in Canada that may affect this Appendix and
    3. notifications of non-compliances that may affect the organic status of Canadian organic products
    1. Following advance notice from SENASICA, CFIA will authorize SENASICA's officials to conduct on-site evaluations in Canada to verify that the relevant regulatory authorities and certification bodies of Canada's organic program referred to as the Canada Organic Regime are carrying out the requirements of said program.
    2. CFIA will cooperate with and assist SENASICA, to the extent permitted, in carrying out these on-site evaluations, which will include visits to offices of relevant regulatory authorities, certification body offices and organic operations that certification bodies have certified in Canada.
  3. CFIA will provide SENASICA the following documents on an annual basis by the 31st of March:
    1. types and quantities of organic certified organic products exported to Mexico under this MOU (as available through trade codes or electronic certificates)
    2. any amendments to the production standards and the regulatory system including the accreditation and certification procedures that have been adopted. Description and explanation of why the organic system remains equivalent
    3. a current list and complete contact information of all accreditation bodies and CBs recognized under this MOU (or a link to online resources)
    4. overview of the monitoring and supervisory activities carried out by the competent authority including analysis of reports and any other information transmitted by the accreditation bodies and CBs
    5. overview of the enforcement actions taken by the competent authority: information on complaints management, follow-up on positive residue testing and cancellation of organic certification and
    6. any other relevant information such as follow-up on complaints under this MOU, results from working group discussions.

Appendix II

Conditions for Granting Equivalency to Mexican Organic Products

For the purpose of this MOU "Mexican organic product": means agricultural products of plant origin, including fungi products, processed foods of plant origin, and beekeeping products, which are grown or produced in Mexico or whose final processingFootnote 1 occurs within Mexico and are certified as organic under the Organic Products Law (LPO, as its acronym in Spanish) of AGRICULTURA by a SENASICA approved Certification Body (CB).

  1. The Participants understand that for CFIA to be able to grant equivalency to Mexican organic products the following conditions are required to be fulfilled:
    1. A Mexican organic product:
      1. is required to be labeled according to the Canadian organic labeling requirements as described in the Canadian regulations
      2. may display the Canadian Organic Logo and/or AGRICULTURA's National Seal for organic products and
      3. is required to be accompanied by an organic certificate and an export certificate that attests to compliance with the terms of this MOU, issued by a certification body that is under supervision of AGRICULTURA, through SENASICA, and is accredited and approved in compliance with the LPO
  2. The Participants understand that Mexican organic livestock and livestock products can be imported and sold in Canada as organic as long as they are certified to the Canadian Organic Standard CAN/CGSNB 32.310 by a CFIA accredited CB. These imported organic products will be required to be accompanied by a valid organic certificate issued by a CFIA-accredited CB.
  3. SENASICA will notify the CFIA in a timely manner of any instances of the following:
    1. changes with respect to the accreditation and approval status certification bodies under the supervision of SENASICA
    2. proposed and final regulations in Mexico that may affect this Appendix and
    3. notifications of non-compliances that may affect the organic status of Mexican organic products
    1. Following advance notice from CFIA, SENASICA will authorize CFIA's officials to conduct on-site evaluations in Mexico to verify that the relevant regulatory authorities and certification bodies of the Mexican organic program are carrying out the requirements of the LPO.
    2. SENASICA will cooperate with and assist CFIA, to the extent permitted, in carrying out these on-site evaluations, which will include visits to offices of relevant regulatory authorities, certification body offices, and organic operations that certification bodies have certified in Mexico.
  4. SENASICA will provide CFIA the following documents on an annual basis, by the 31st of March:
    1. types and quantities of organic certified organic products exported to Canada under this MOU (as available through trade codes or electronic certificates)
    2. any amendments to the production standards and the regulatory system including the accreditation and certification procedures that have been adopted. Description and explanation of why the organic system remains equivalent
    3. a current list and complete contact information of all accreditation bodies and CBs recognized under this MOU (or a link to online resources)
    4. overview of the monitoring and supervisory activities carried out by the competent authority including analysis of reports and any other information transmitted by the accreditation bodies and CB
    5. overview of the enforcement actions taken by the competent authority: information on complaints management, follow-up on positive residue testing and cancellation of organic certification and
    6. any other relevant information such as follow-up on complaints under this MOU, results from TWG discussions
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