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Canadian Food Inspection Agency peer review of Costa Rica's organic system - 2018

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Abbreviations and special terms used in the report

AB

Accreditation body

ARAO

Accreditation and Registration Unit in Organic Agriculture

CA

Competent authority

CB

Certification body

CFIA

Canadian Food Inspection Agency

COR

Canada Organic Regime

ECA

Ente Costaricense de Accreditation

GPO

Organized producer groups

ICS

Internal control system

LRE

Laboratorio de Analisis de Residuos de Agroquimicos

NC

Non-conformity

PSL

Permitted substances list

SFE

State Phytosanitary Service

Executive summary

This report summarizes observations made during the Canadian Food Inspection Agency's (CFIA) February/March 2018 on-site assessment of the Costa Rican organic program.

The objective of the assessment was to determine the extent to which the Costa Rican competent authority, State Phytosanitary Service (SFE), demonstrates conformity with the requirements specified in the Canada-Costa Rica Organic Equivalency Recognition.

The assessment was conducted from February 26 to March 9, 2018. It included meetings with the competent authority, the Accreditation Body (AB), one primary production unit (farm), one processing facility, one grower group producer, and two Certification Bodies (CBs).

The key elements of the assessment included the following:

Authorities

Current food legislative authorities, including regulations, standards, codes of practice, and arrangements. In particular:

Government organization and resources

Third parties involved in the implementation of the Costa Rican organic program

Organizations responsible for the implementation of the Costa Rican organic program and their relationship with the SFE.

Inspection, enforcement and surveillance activities

The role of the SFE, AB and CBs in inspection, surveillance, and enforcement.

The assessment determined that the SFE has implemented a control system for the certification of organic operators that is supported by good collaboration between the SFE, AB and CBs.

This system guarantees that all products certified under the Regulation No. 29782-MAG can be exported and marketed in Canada as organic.

This report provides a number of recommendations which highlight opportunities for improvement and enhancement of the implementation of the Costa Rican organic program.

The observations and recommendations contained in this report are based on information provided to the assessment team through the Canadian Peer review questionnaire, personal interviews, and on-site observation. They represent the collective understanding of the members of the assessment team.

1. Background

The Canada-Costa Rica Organic Equivalency Recognition between Canada and Costa Rica was signed in 2013.

As per the conditions of the arrangement, and following advanced notice from the CFIA, the SFE agreed to accommodate the CFIA's request to conduct an evaluation (on-site peer review) to verify how Costa Rica's accredited CBs carry out the requirements of the Costa Rican organic certification program.

2. Objectives of the on-site assessment

The objective of the assessment was to determine the extent to which the Costa Rican competent authority (SFE) demonstrated conformity with the requirements specified in the Canada-Costa Rica organic equivalency recognition arrangement (2013).

3. On-site assessment criteria

The following references were used during the on-site assessment:

4. On-site assessment protocol

The CFIA's audit team planned and conducted the on-site assessment in a manner which allowed the team to obtain sufficient information to confirm the observations and conclusions described thereafter. The on-site peer review was conducted in accordance with Canada's Organic Regime peer review procedure and included visits to the following organizations.

Organizations visited during the 2018 on-site peer review of Costa Rica organic system
Organization Date
State Phytosanitary Service (SFE), Laboratorio de Análisis de Residuos de Agroquímicos (LRE), and the National Accreditation Body (Ente Costaricense de Accreditation (ECA)) February 28, 2018
Certification Body (CB) 1 headquarters March 1, 2018
Certification Body (CB) 2 headquarters March 2, 2018
Operation processing organic fruit (pineapple and banana) March 6, 2018
Organic pineapple farm March 7, 2018
Organic coffee farm and processing facility March 8, 2018

As part of the on-site assessment, the CFIA audit team reviewed each level of Costa Rica's organic system (administration, accreditation, certification and production) to confirm that the responsible authorities have the necessary controls in place to ensure compliance with the Regulation No. 29782-MAG. In doing so, the team:

5. Overview of the Costa Rican organic sector

In 2017, the major certified agricultural products included pineapple, banana, cocoa, sugar cane, coffee and associated crops such as yucca, ginger, turmeric and fruits. The total amount of certified organic area in 2017 was 8736.48 hectares.

Currently, Costa Rica exports to Canada agricultural products of plant origin which are produced and processed in Costa Rica and which are in conformity with the Costa Rica Organic Agriculture Regulation - Decree No. 29782. The most important organic products exported to Canada are coffee, pineapples, processed bananas and pineapples and, sugar cane.

At the time of the peer review there were 91 operators registered with Accreditation and Registration Unit in Organic Agriculture (ARAO) of SFE.

Article 98 of the Costa Rica Regulations 29782-MAG requires each exporter of organic agricultural products to be registered with SFE so that its exports are officially supported by an "export certificate by organic product". The CFIA team observed that currently Costa Rica does not apply this article for exports to Canada. Canada informed Costa Rica that this requirement will be set as a condition for export under the Canada-Costa Rica Organic Equivalency Arrangement.

5.1 National legislation and national standards

Costa Rica's organic control system is based on the following legal authorities:

In 2015, Costa Rica's internal decision C313-2015 established clear distinction between the supervision and accreditation tasks conducted by SFE and ECA on the CBs.

5.2 Structure of the Costa Rican organic program

The Costa Rican organic control system covers the activities performed by operators at all stages of the production, preparation and distribution chain from farm to fork. Operators are free to choose any of the four CBs offering certification services in Costa Rica. The CBs are approved by SFE and supervised by both SFE and ECA. The CBs charge operators with a fee for their certification services.

5.2.1 State Phytosanitary Service (SFE) and the Accreditation and Registration Unit in Organic Agriculture (ARAO)

The competent authority (CA) for organic production in Costa Rica is the State Phytosanitary Service (SFE). ARAO is the unit within the SFE that is responsible for the oversight of the organic program in Costa Rica. Under ARAO there are 8 Regional Units. The inspectors employed in the regional offices are in the process of being trained to become organic inspectors. Next year, SFE will determine whether they are ready to conduct inspections independently. Currently the inspectors' responsibilities include surveillance, pest control and inspection of packing plants.

ARAO is responsible for:

5.2.2 The Ente Costarricense de Accreditation (ECA)

In November 2015, the decision C313-2015 was made to transfer the responsibilities of accrediting CBs from SFE to ECA. The ECA serves as an Accreditation Body (AB) under the Costa Rican Regulations.

Law No.8279 of the National System for Quality dated May 21, 2002, created the Costa Rican Accreditation Entity, ECA as a public entity with its own legal status and assets.

As a member of several international accreditation fora, ECA is subject to peer reviews by various organizations such as the International Accreditation Forum (IAF), the International Laboratory Accreditation Cooperation (ILAC) and the Inter-American Accreditation Cooperation.

The main organic-associated tasks of the ECA are to:

ECA has experience in conducting audits under various certification schemes as per their mandate. They have developed accreditation process, checklists, training and monitoring procedures for their auditors in compliance with ISO 17011. ECA engages ARAO to provide trainings to ensure consistency. In 2016, a training session held by ARAO for ECA was conducted on the organic scheme and requirements. Another similar training was conducted in 2017 to provide updated information on Costa Rica's organic program.

ECA employs ARAO staff as technical experts to conduct surveillance activities of CBs. Currently, there are two technical experts. Annually, the technical experts receive an email with updated materials regarding the accreditation activities. ECA has an internal process to assess their technical experts. Every 3 years, ECA assesses the technical experts by considering feedback received from clients and, the assessment results from the lead auditor of the audit team. In addition, the technical experts are required to have working experience in the organic program and training in organic standards.

The CFIA team observed that the relations between ECA and the CBs are not as well established as the relations between ARAO and the CBs.

5.2.3 SFE Laboratorio de Análisis de Residuos de Agroquímicos

The Laboratorio de Análisis de Residuos de Agroquímicos, which is part of the SFE, is responsible for performing pesticide residue analysis on organic fresh fruits, vegetables and grains. The samples are directly collected by ARAO at the operator level. ARAO follows an annual sampling plan that determines which products will be sampled.

The laboratory is accredited under the International Standard INTE-ISO/IEC 17025:2005. The laboratory is responsible for informing ARAO if any positive results are found. In 2017, ARAO collected and tested 22 samples of fruits, vegetables, coffee and croplands. There was only one positive sample found. When positive samples are identified, ARAO requests the responsible CB to inform the operator and request an immediate investigation in order to determine the cause and extent of the contamination. During the investigation, the product or affected production lot is suspended from marketing. ARAO reviews the actions taken by the operator to ensure sufficient follow-up was performed.

When samples are taken directly by the CBs, they use other laboratories to conduct analysis. All laboratories must be accredited under the International Standard INTE-ISO/IEC 17025:2005.

5.2.4 Certification bodies (CBs)

Costa Rica's four CBs are approved by SFE to conduct the following certification activities:

The size of each CB varies depending on the number of clients. While some CBs work only within Costa Rica, others conduct activities internationally as well.

The list of approved CBs is available under the List of certifying agencies (in Spanish only).

The Regulation No. 29782-MAG establishes that all inspectors employed by the CB need to be authorized and registered by SFE. The authorization is valid for one year. In order to maintain their status, the inspectors are required to submit to ARAO their updated information annually. In addition, the CBs submit to ARAO annually the updated list of the inspectors they employ. SFE maintains an updated list of CB inspectors under the List of organic inspectors (in Spanish only).

5.2.5 Certified organic operators

At the time of the peer review there were 91 operators registered with ARAO: 86 individual operators and 5 grower group producers (GPO). They vary in size, complexity, and market scope, for example, import and/or export.

The list of organic operators and GPO is available on the Servicio Fitosanitario Del Estado - MAG Costa Rica (in Spanish only) page. All certified operators must be registered with ARAO.

As per Article 91 of the Regulation No. 29782-MAG, GPOs are producers in a common geographical area with a common crop(s). The GPOs can consist of up to 900 members. GPOs must have a central management responsible for complying with the Regulations and an internal control system (ICS) that consists of internal inspectors who perform inspection of the operators in the GPO. The CB verifies and evaluates the effectiveness of the ICS and certifies the group as a whole.

6. Implementation of the Costa Rican organic program

6.1 Accreditation, authorization and registration of CBs

The SFE is the competent authority responsible for the oversight of the organic system in Costa Rica. This system covers activities performed by operators at all stages of production, preparation and distribution chain from farm to fork.

Costa Rica's four CBs are required to be authorized and registered by SFE as per article 77 of Regulation No. 29782-MAG. The CB can either be accredited directly by ECA or the ECA can recognize a CB's accreditation from another accreditation body (AB) in a foreign country. The CFIA team observed that not all CBs are directly accredited by the ECA.

Two of the CBs are currently accredited with ECA or are in the process of accreditation. They are accredited to the Costa Rican standard. As part of the accreditation process, ECA conducts an on-site assessment at the CB office and a witness audit of the CB inspectors. ECA's witness audits are conducted in collaboration with an ARAO technical specialist based on the register of CBs and CB inspectors. The checklist used by ECA is based on ISO 17065. Accreditation granted by ECA is for an indefinite period of time but the CBs have to undergo an annual evaluation and a full re-evaluation every 5 years.

The other two CBs are recognized by ECA. The CBs were accredited to the EU standard by an AB from a foreign country. ECA's recognition of CBs lasts for either 3 months or 1 year. The recognition process is based on verification of the accreditation letter issued by another AB. ECA issues a document stating that the CB is recognized.

6.2 Supervision of the CBs

The supervision of the CBs is conducted by both ECA and ARAO. The ARAO carries out annual surveillance activities on CBs by using their own tools to record their observations. ECA also conducts annual surveillance activities on CBs with an SFE staff as a technical expert.

While the ECA's annual surveillance activities focus on compliance to ISO 17065, ARAO's annual surveillance examine the implementation of the Regulation No. 29782-MAG such as risk assessment, risk-based planning of inspections, effective management of complaints, and positive chemical residues.

The CFIA team confirmed that ARAO conducts one unannounced inspection per CB per year focusing on the verification of the technical aspects of the Regulations. As part of the inspection, an office inspection and witness audit of the CB inspectors are conducted. The file review consists of reviewing a sample of the operators' files. The inspection is usually 2 to 3 days and a copy of the inspection report is left with the CB at the closing meeting.

ARAO follows the public administration law when it comes to addressing NCs issued to the CBs. The CFIA team confirmed that ARAO allows the CBs 10 working days to provide a corrective action plan and evidence to support their actions. The CBs are allowed to submit up to 3 follow up responses in order to close a NC. Once the NCs are closed, ARAO sends a formal closing letter to the CB.

As part of the discussion with ARAO, the CFIA team was informed that the timeframe was always respected and there have been no cases of suspensions or cancellations of CBs as a result of not meeting the deadline for addressing a NC.

ARAO conducts 5 witness audits per year of the CBs' inspectors. When the witness audit is completed, ARAO sends a written report to the CB and the CB follows up with the inspector regarding any NCs.

The CFIA team observed that there is no mention of the requirements in Regulation No. 29782-MAG for the CBs' suspension and cancellation process. The process of the suspension and cancellation applied by ARAO in the case of the CB is not transparent.

ECA's annual surveillance activities are conducted through on-site office and witness audits. No documents are issued to the CB to reaffirm their ongoing accreditation during the 5 year cycle. Every 2 to 3 years, the ECA auditors are rotated to manage impartiality.

If ECA decides to suspend a CB, ARAO would also suspend them. Once the CB is suspended they cannot issue organic certificates. According to ECA, the suspension can be for a different period of time depending on the NC. However, the suspension can only last for a maximum of one year. If the NCs are not addressed after the one year, ECA may reduce, withdraw or cancel their certification.

ECA's reaccreditation process is not as comprehensive as the process of initial accreditation since the ECA takes into consideration the history of previous assessments.

CBs are required to submit monthly and annual reports to SFE-ARAO. These are used by ARAO to maintain the registers up to date, to prepare the ARAO's surveillance visits and, to assess the overall performance of the CBs and the CB inspectors.

The ARAO classifies the findings of surveillance activities as recommendations while ECA issues non-conformities (major and minor). The CFIA team noted that the timeframe in which CBs must address these findings is not the same.

The CFIA team observed that CB #1 has been accredited with ECA since 2016. ECA conducts surveillance activities every year. In 2017, the CB was subject to an office audit and a witness audit.

CB #2 is currently recognized by ECA and accredited by a foreign AB to another certification scheme. The team observed that the AB only conducted a document review of the CB but has not conducted an on-site audit because this CB's location is not considered a key location under the current accreditation. The CB is currently in the process of determining whether they will have to change their AB.

The team confirmed that in 2017, both CBs were subject to annual surveillance activities including a witness audit by the ARAO.

6.3 CB's organizational and resource requirements

The CFIA audit team visited the headquarters of 2 CBs that are accredited to certify to multiple organic standards. They are adequately resourced and have invested resources to train their staff including inspectors.

Both CBs have well-developed quality systems and related procedures and, agile tools which comply with ISO 17065.

In compliance with ISO 17065, both CBs have developed impartiality procedures to ensure employees are free of conflict of interest.

The CBs have well-established systems which allow them to schedule the operators' inspections in a timely manner while ensuring a good rotation of inspectors. The CBs have also well-developed certification processes, infrastructure, procedures and tools to deliver their certification activities effectively.

In accordance with clause 6.1.2 of ISO 17065, both CBs have implemented procedures to ensure that on-site inspections are conducted by trained inspectors. The inspectors are subject to a formal performance monitoring process by their CBs, who identify the type of training needed by the inspectors. The CFIA team verified that both CBs maintain a database with the list of qualifications for each inspector. Inspectors are required to have regular trainings which include workshops and online activities to reinforce their knowledge of the Regulations and any new changes in the organic program.

While one CB requires International Organic Inspectors Association (IOAI) training as basic training, the other CB trains the inspectors internally. The Regulations require that new inspectors are accompanied by experienced inspectors at least twice before new inspectors can conduct inspections on their own. The CFIA team observed that this is not a common practice with the CBs.

Both CBs have full-time and freelance inspectors. The inspectors are subject to a formal performance monitoring process by their CBs. CB #1 conducts witness audits of their inspectors on an annual basis. The inspectors are assessed using a points system based on the weight of each criterion to determine if they are compliant or non-compliant. CB #2 conducts witness audits of their inspectors every 2 to 3 years. The inspectors are assessed as either yes, no or partially. There is also a section for improvement and recommendations for improvement.

6.4 CB's certification process

The CFIA team observed that in compliance with the Costa Rican certification requirements, the CBs put in place procedures to ensure that all the operators submit their updated organic plans before the expiration of the operator's certificate.

If the CB's inspection of the operator is not completed in time for justified reasons, the operator's certificate can be extended for a period of up to 3 months. The operator is given one week's notice before the inspection is scheduled.

Before the inspection is conducted, the CB prepares specific instructions for the inspector. These instructions can include follow-up on previously issued NCs, sampling etc.

The duration of inspections varies depending on the nature and complexity of the farm and/or processing facility. During each inspection, inspectors are required to verify that the inputs used by famers and operators are on the permitted (allowed) substances list (PSL).

The CFIA team observed that the CBs use their own internal process to assess inputs and that each CB has their own list of approved inputs. When the CB assesses an input, a contract is signed with the company that produces the input. CBs also use the list of inputs approved by other CBs.

Additionally, SFE has a list of registered inputs (with brand names). A separate department in SFE reviews all these inputs for sale in the country. The SFE and CBs have a designated person to evaluate inputs. The person is required to have the expertise, training and experience necessary to conduct this task.

As a result of these inspections, the CB inspector can issue NCs which are discussed with the operator at the closing meeting.

After completing the inspection, the inspectors have a specific timeframe within which an inspection report has to be prepared and submitted to the CB. The inspection report and NCs are reviewed by the CB certification committee and the CB may decide to add or remove NCs at their discretion.

The CFIA team observed that the categorization of and timelines to address the NCs vary between the 2 CBs.

Once the inspection is finalised and all NCs are addressed, the CB makes a certification decision and each operator receives a certification document which confirms that the operator fulfils the requirements of Regulation No. 29782-MAG. The CBs publishes an updated list of all the operators they certify on their website and report these to SFE.

On April 29, 2013, ARAO developed an internal direction (#13 from 2014) to meet the EU Regulations. This included 5% mandatory sampling and unannounced inspections of 10% of a CB's total operators. The CFIA team observed that in addition to the annual inspections, both CBs observed, conducted an additional 10% of both risk-based inspections and unannounced inspections.

ARAO has developed a risk analysis tool that was shared with the CBs. The risk analysis tool is based on criteria including the number of irregularities (infringements, positive tests) and, the nature and complexity of the operation. The additional inspections are prioritized based on the outcome of the risk assessment process. As part of the inspections, inspectors take samples according to the annual sampling plan developed by their CBs. CBs are required to report to the ARAO any results of positive detection of chemical residues. The CBs inform the operator of the positive results and request follow-up actions. During the investigation, the product or affected production lot must be suspended from marketing. ARAO reviews the actions taken by the operator to ensure sufficient follow-up was taken. All samples taken by the CBs are sent to private laboratories for analysis.

Under the Costa Rican regulations, there are specific requirements for participation in grower groups. The CFIA team observed that the CBs developed a risk analysis chart for GPOs to determine the number of operators to be inspected each year. The CBs conduct an inspection of 20% of the group members of the GPOs annually. Within 5 years, all the group members must be inspected. As per the Regulation No. 29782-MAG, the internal control system (ICS) is required to inspect 100% of the group members per year. As per Article 95, internal inspections are carried out by internal inspectors, trained by the CB and the group's central management. The CB is responsible for verifying how ICS is working and verifying that both the internal inspections and the CB inspections are consistent. The CB must also verify that 100% of the group members are inspected by the ICS during the certification period.

It was observed that there is good communication between the CBs and the operators. The CBs keep their operators informed of any new organic requirements by issuing bulletins, brochures, etc.

The CFIA team observed that the CBs do not verify the compliance of the imported organic ingredients as per article 59 of the Costa Rican Regulations. It is not clear how organic products are imported to Costa Rica under this article.

6.5 Certification and supervision of operators

6.5.1 Certification of organic farms and packing facilities

The CFIA's assessment team visited one pineapple farm/packing facility. The facility produces both organic and conventional pineapples. The majority of the products are exported.

The CFIA team observed parts of an inspection been conducted by a CB inspector. It was confirmed that the inspector received special instructions from their CB, which directed them to conduct specific inspections and, the inspector used a checklist based on Regulation No. 29782-MAG. Before conducting the inspection, preparatory information was provided to the inspector by the CB. This included the last inspection report and the special instructions received from the CB.

The inspection included an opening meeting, a tour of the farm, review of relevant documentation, inputs verification, traceability exercise, and closing meeting.

The CFIA team confirmed that the inspector was trained in sampling products and brought appropriate sampling materials to each inspection.

The farm currently uses parallel production even though it is not permitted in Regulation No. 29782-MAG. Parallel production refers to the simultaneous production, preparation or handling of organic and non-organic (including transitional) crops, livestock and other organic products of the same or similar, visually indistinguishable varieties. ARAO explained that parallel production is only allowed for 5 years after which the company must have a plan of action to address this type of production. The CFIA team was not able to determine how parallel production will be addressed after the fifth year.

At the end of the inspection, the CB inspector left an exit report listing the observation with the company.

6.5.2 Certification of organic processing

The CFIA's assessment team visited a processor of a single ingredient organic product. The operator trades internationally and has been certified for a long time under multiple organic systems such as the EU, USDA NOP and Costa Rica.

The certified products of this operator include banana and pineapple purees, concentrated juices and single strength juice products. The majority of the products are exported to Europe. The company is aware of the Canada - Costa Rica Organic Equivalency Arrangement.

The facility has been certified under the same CB since 2000. They are subject to annual inspections as well as unannounced inspections. The CFIA team confirmed that the last inspection conducted by the CB was in February 2018. The Regulation No. 29782-MAG requires the CBs to take samples and test at the facilities of at least 5% of the operators that are subject to inspection. It was verified that samples were taken during the November 2017 inspection and the results were negative. The facility is required to submit an updated organic plan (profile) to the CB on an annual basis. This is used by the CB to prepare for their annual inspection. The CFIA team confirmed with the facility representative that the annual inspection lasts usually one day and the findings from the inspection are classified as NCs. The inspector leaves a record of the findings which is signed by both parties. A final inspection report is provided by letter within a week. It identifies the specific timeframes in which to address the NCs. Once the NCs have been addressed, the CB makes a certification decision and issues an updated certificate to the client.

The CFIA team did a tour of the processing facility. The traceability and the import controls were discussed with the representatives from the company. The facility verifies that all raw ingredients are certified and that all shipments are accompanied by a traceability form. The facility has controls in place to segregate and differentiate between conventional and organic product during production, packaging and storage. The facility has its own laboratory to test for sensory parameters.

According to the Regulation No. 29782-MAG, ARAO is required to conduct direct inspections of the organic operations. In 2016 and 2017, ARAO visited the facility to review their records, suppliers, organic plan, etc. ARAO took samples during this inspection with the results all satisfactory.

6.5.3 Certification of grower groups (GPO)

The CFIA's assessment team visited one coffee grower who is a member of a GPO.

The group consists of 13 growers, 1 processor for wet and dry processing and 1 processor for coffee roasting. Every operator involved in the grower group is certified. The GPO trades internationally, including exportation to the US, Europe and Canada. They have been certified for 21 years and are certified under multiple organic systems such as the EU, USDA NOP and Costa Rica.

The GPO has an ICS which consists of 3 members, all of which have years of experience and expertise in the organic field. There is no written procedure in place defining the criteria for choosing the members of the ICS. The 3 members are growers. A new member is appointed if a current member decides to resign. The ICS provides trainings to all members of the GPO including annual training on new standard requirements.

The ICS conducts 1 to 2 inspections of all the participating members every year. A checklist is used to conduct their inspections and observations are classified as recommendations or NCs. The ICS conducts follow-up visits to verify the implementation of NC from previous visits. If there are major concerns identified with a member, the ICS will inform the CB.

The CB conducts regular visits to members of the GPO based on risk. In the last 2 years, the CB visited this coffee plantation twice because it is of higher risk due to its close proximity to a larger conventional plantation. The ARAO also visited this plantation about 5 years ago. The ARAO reviewed the activities of the plantation including records and farming practices.

The coffee growers ship the coffee beans to a processor for wet and dry processing. The processor receives both organic and conventional products. The processor receives organic coffee from 12 growers and processes it using the wet and drying process and packs the product. The processor is only open for 4 months due to seasonality. Organic coffee is harvested first and conventional coffee is harvested afterwards in order to segregate product. The CFIA team observed that practices are in place to segregate organic and conventional product which includes using designated equipment and proper receiving practices.

The processor was inspected by the CB in February 2018. The CB observed their processing practices, equipment, cleanliness and practices for segregating organic and conventional product. Samples were also taken during this inspection. The ARAO also conducted an inspection in early 2018.

The CB keeps the GPO members informed of any new updates with the Regulations. The ICS members have a group chat using the application WhatsApp, to keep all members of the GPO informed of new updates or technology.

The majority of the coffee beans exported are in their green form. The roasting of the coffee beans is largely done in the exported country.

6.6. Supervision of operators by ARAO

Although the oversight of the certified operators is delegated to the CBs, ARAO continues to conduct a large number of inspections of the operations themselves including taking samples.

The inspections are conducted in accordance with ARAO's annual operation plan. In 2017, ARAO completed inspections of 85 farms, 38 processing facilities, 25 farms undergoing transition, and 38 traders. When NCs are identified by ARAO, these are shared with the CB and the CB is responsible for addressing them. The operators must provide a response to the CBs, who provide the response and corrective action plan to the ARAO in order to close the NCs.

6.7 Management of complaints

The ARAO does not deal directly with complaints. Complaints received by the ARAO are referred to the CBs management. ARAO maintains a file for each complaint. When ARAO refers the complaint to a CB, the CB follows its own complaint procedure and informs ARAO of the follow-up actions and end results. However, ARAO is required to address letters from the public and international notifications.

7. ARAO communication with the ECA, CBs, and the operators

The CFIA team confirmed that the communication between the different parties involved in the implementation of the Regulation No. 29782-MAG is well established, open and often a two-way dialogue. On a monthly basis, the CBs submit a report to the ARAO on certificates issued, inspection activities and an updated list of operators. In addition, an annual report is also submitted to the ARAO from the CBs.

Since 2015, the ECA, CBs and ARAO started having regular meetings to address changes in responsibilities of and to differentiate the roles of ECA and ARAO. The number of such meetings was 20 and 9 in 2016 and 2017, respectively. Additionally, consistent communication is maintained when new topics or issues arise.

Usually every two months, the ARAO holds an in-person meeting with representatives from each CB to discuss any updates in the organic program or any upcoming challenges or issues faced. During these meetings, minutes are taken in order to capture the information discussed. Additionally, if any changes are made to policies, the ARAO will email the CBs with the new information.

There is also good communication and co-operation among the four CBs in Costa Rica.

8. Closing meeting

A closing meeting was held with representatives of Costa Rica's competent authority at the Ministry of Health (MOH) headquarters on March 9, 2018. During the meeting, the CFIA assessment team presented a summary of their observations and recommendations. The SFE had the opportunity to discuss these findings. Next steps were then discussed and agreed upon.

9. Overall conclusions

All representatives involved in the assessment, from the staff at the SFE, the ECA, and the CBs, to the operators were helpful, responsive, and accommodating to the assessment team during the on-site assessment.

Overall, the CFIA team determined that the competent authority provides good oversight of the Costa Rican organic program and, there is good collaboration between SFE, ECA and the CBs.

There is strong commitment and understanding from all parties involved in the implementation of the Regulation No. 29782-MAG.

There is good understanding of the Costa Rica-Canada Organic Equivalency Recognition Arrangement and the requirements to accept organic products from Canada and to export organic products to Canada. This instills confidence that the organic products exported to Canada meet the terms of the arrangement.

10. Observations and recommendations

The SFE was invited to provide comments on the recommendations listed in the table below. In addition, the SFE provided details of their action plans in the table provided in Annex A:

The CFIA's observations and recommendations on the peer review of Costa Rica organic program
No CFIA observation CFIA recommendation
1. The CFIA team observed that ARAO registered two CBs that are not directly accredited by ECA as per the Costa Rican Regulations. ECA recognized these CBs based on existence of an accreditation letter issued by another AB. Review the ARAO oversight process for approving the CBs.
2. The two CBs are not accredited as per the Costa Rican Regulations but as per the EU Regulations. Review the ARAO oversight process for approving the CBs.
3. ARAO conducts witness audits on the registered CBs; however the CFIA team was not able to identify the criteria used to assess CB performance, what was assessed and what was the outcome. Consider developing criteria for assessing CB performance.
4. Both ECA and ARAO conducts witness audits at the same CBs as part of their surveillance activities. Consider reviewing the CB surveillance process in order to prevent duplication and to streamline and improve the process.
5. ARAO inspects the CBs annually. Most of the inspections are unannounced, however there is no annual inspection plan developed by ARAO. Consider developing an annual inspection plan for CB inspections.
6.

Article 59 of the Costa Rican Regulations requires that imported organic products must originate from a country included in the list of Reciprocity. It is not clear how organic products are imported to Costa Rica under this article.

Article 68 requires the SFE to endorse the technical aspects of the Costa Rican Regulations in those countries from where organic products and inputs will be imported.

Consider revising the existing requirements in a way that SFE will be able to implement and enforce them.
7. Article 76 (7) requires new inspectors to perform at least two inspections with an experienced inspector before they conduct inspections on their own. The CFIA observed that some new inspectors only conducted one inspection with an experienced inspector. Consider working with the CBs to implement the requirements of Article 76(7).
8. The CFIA understands that ARAO developed a sanction matrix to be implemented and followed by the CBs; however, the timeframe for addressing NCs issued by CBs to operators varies. There is no consistent approach when it comes to addressing NCs, suspending an operator or cancelling the organic certificate. Consider working with the CBs to define the NC issued to the operators and the timelines for addressing them.
9. It is not clear under which authority the CBs can issue an extension of the existing organic certificate and for how long. The CFIA observed several cases where extensions were issued. Consider working with the CBs to develop a consistent approach to issue an extension of the existing organic certificate.
10. The CFIA could not identify policy/guidance issued by ARAO that provides guidance to the CBs in case of an operator is transferring from one CB to another. Consider working with the CBs to develop a consistent approach in the case of an operator transferring from one CB to another.
11. Exports: Article 98 of the Costa Rican Regulations requires each exporter of organic agricultural products to be registered with SFE so that its exports are officially supported by an "Export Certificate by Organic Product". Consider requesting compliance with Article 98 of the Costa Rican Regulations for exports to Canada.
12. The CFIA team observed that the same operators can be certified by two different CBs. Consider developing a policy to prevent multiple certification of the same product in order to prevent fraud.
13. The input evaluation process used by the CBs is not clearly defined. The CBs do not have the authority to "approve" inputs because this process is not overseen. SFE might consider reviewing this approach taken by the CBs. Consider developing requirements for the CBs and the parties involved in the input assessment to protect liability in the event of an issue such as the presence of a prohibited substance which has not been properly assessed.
14. In November 2015, the responsibilities for accreditation of the CBs were transferred to the Costa Rican accreditation body ECA. The process has not been formalized and is not in line with the current Regulations. Consider revising the existing requirements in a way that SFE will be able to implement and enforce the requirements of the regulations.
15. The CFIA team was not able to determine how the conflict of interest is managed and mitigated when the Internal Control System members inspect the operators and train them at the same time. Consider developing solutions to address the conflict of interest.

11. Next steps

The SFE is requested to provide an update on the progress for implementing the recommendations in the annual report in March, 2019.

Annex A: Summary of SFE's action plans/comments to the Canadian Food Inspection Agency (CFIA) recommendations from the peer review report on Costa Rica's Organic System – 2018

No CFIA recommendation SFE's action plans
1.0 Review the ARAO oversight process for approving the CBs. The indicated observations are contemplated and developed in the ECA - SFE Certification Scheme.
2.0 Review the ARAO oversight process for approving the CBs. The indicated observations are contemplated and developed in the ECA - SFE Certification Scheme.
3.0 Consider developing criteria for assessing CB performance. ARAO will develop a tool to be applied in the evaluation of the agencies.
4.0 Consider reviewing the CB surveillance process in order to prevent duplication and to streamline and improve the process. ARAO: The indicated observations are contemplated and developed in the ECA - SFE Certification Scheme.
5.0 Consider developing annual inspection plan for the CB inspections. ARAO performs the scheduling of the visits to the operators based on the analysis.
6.0 Consider revising the existing requirements in a way that SFE will be able to implement and enforce them. Please clarify this point because the requirements are established in the Regulation on Organic Agriculture, by which we are governed.
7.0 Consider working with the CBs to implement this requirement.

At this point we do not agree so we attach documents that support inspections carried out by the two new inspectors registered in ARAO: Adriana Chacon and Machuel.

As indicated in the Organic Agriculture Regulation, it is necessary to have accompanying inspections (minimum 2) so that they comply with what is indicated in article 76 (7).

8.0 Consider working with the CBs to define the NC issued to the operators and the timelines for addressing them. ARAO presented a proposal to the Directorate of the SFE in which this point is developed. We are waiting for the analysis by the Management.
9.0 Consider working with the CBs to develop consistent approach. In the Certification Scheme the issue of extensions is developed, which is well defined.
10.0 Consider working with the CBs to develop a consistent approach in the case of an operator transferring from one CB to another. Costa Rica prepared Resolution 13-2014 which was submitted as evidence.
11.0 Consider requesting compliance with this article for exports to Canada. At this point we do not agree that there seems to be confusion. The organic exports of CR are accompanied by the official certificate, but the country of destination in this case Canada does not request it. The SFE is interested in that the authorities of Canada require the organic certificate of Costa Rica.
12.0 Consider developing a policy to prevent multiple certification of the same product in order to prevent fraud. At this point we do not agree When an operator is certified with two different certifying agencies it is in the case of different organic products and each agency must present the production and sale volumes.
13.0 Consider developing requirements for the CBs and the parties involved in the input assessment to protect liability in the event of an issue such as the presence of a prohibited substance which was not properly assessed.

At this point we do not agree Within the functions of the competent authority indicated in regulation 29782-MAG, there is no function to approve or supervise inputs.

In the annexes of this regulation, Restricted is indicated and to be used it must be consulted beforehand with the control body, in addition the Codex Alimentarius cites it in the same way.

14.0 Consider revising the existing requirements in a way that SFE will be able to implement and enforce them. The indicated observations are contemplated and developed in the ECA-SFE Certification Scheme.
15.0 Consider developing requirements for addressing this gap. ARAO presented a proposal to the Directorate of the SFE in which this point is developed. We are waiting for the analysis by the Management.
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