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Regulations

Through regulations, the Canadian Parliament has decided to regulate the sale of organic products. The Organic Products Regulations, adopted on December 14, 2006, is a part of the Canada Agricultural Products Act (1985, c. 20 (4th Supp.).

Section 3 of the Organic Products Regulations stipulates “the logo […] and the designations "Canada Organic" and "Biologique Canada" are agricultural product legends.”

Furthermore, "every agricultural product legend and every grade name is a national trade-mark and the exclusive property in the trade-mark and, subject to this Act, the right to the use of the trade-mark are hereby vested in Her Majesty in right of Canada." (Section 15 of the Canada Agricultural Products Act). Section 16 of the Act stipulates that "no person shall (a) apply or use a legend, word, mark, symbol or design or any combination thereof that resembles an agricultural product legend or a grade name; or (b) market, or possess for the purpose of marketing, an agricultural product to which there is applied or in connection with which there is used a legend, word, mark, symbol or design or any combination thereof that resembles an agricultural product legend or a grade name."

The regulations and their authorizing statute can be summed up very simply: the "Canada Organic" logo is a stamp whose use is reserved for Her Majesty in right of Canada, and Her Majesty exclusively manages its use.

Section 33 of the Canada Agricultural Products Act stipulates that "every person who contravenes any provision of this Act or the regulations (a) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; or (b) is guilty of an indictable offence and liable to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years, or to both."

To find out more about legislation that governs organic products:

© Organic Federation of Canada