Exporting Organic Products

Producers and exporters of organic fruit and vegetables seeking to sell their products in developed countries which have adopted organic standards and regulations will have to meet the rules established by the importing country concerned. In the United States, Japan and the EC countries, the largest markets for organic products, the standards applying to domestic organic production also apply to imported organic products. There are detailed regulations governing the production, importing, marketing and labelling of organic products.

Producers and exporters wishing to export fruit and vegetables with the organic label will have to obtain organic certification. Organic certification is a procedure for verifying that the production process conforms to certain standards. In other words, certification is primarily an acknowledgement that these products have been produced according to organic production standards. The basic role of a certification body is to confirm that these adhere to a specific organic standard (usually the one established by the importing country or by the certification body itself). Once certified, organic products are marketed, usually carrying a certification label, indicating that the products are certified as organic. The certification label attests to conformity with certain standards and is itself not a trademark. However, in most countries, the certification label is also registered as a trademark. Producers wishing to enter a specific market for organic products may find it useful to be certified by a certification body with a certification label that is well known in that market.

The cost of certification can be high, although it varies in relation to farm size, the volume of production and which certification body is chosen. Relatively few developing countries have certification bodies within their borders (although the situation is changing), and even when sufficient resources are available to pay for certification, farmers often lack the information to find credible inspectors.

To date, government regulations essentially deal with references to the organic production method on labels. They do not define standards for the use of private trademarks or certification marks. This implies that government regulations may be supplemented by private quality seals based on private organic standards.

Import Requirements of the Major Markets

United States

Effective October 2002, any fruit and vegetable labelled or shipped as organic will require certification by an approved certifier based on the US National Organic Standards (NOS). Until then, there is no Government regulation or oversight on organic declarations of fruits and vegetables, which means that imports of organic products are usually undertaken by a United States importer in cooperation with a United States certification body.

For United States organic fresh producers and for exporters targeting the United States market, there are several key factors in the implementation of these standards. All certifiers who apply for USDA certification within the first six months (by August 2001) will have their application reviewed and on compliance, approved by the April 2002 effective date. Beginning in October 2002, the USDA Organic Seal will be allowed on organic products marketed in the United States.

For certification of organic products to be exported to the United States, the exporter has three certification options:

• US certification bodies operating in foreign countries may apply for USDA accreditation. Foreign applicants will be evaluated based on the same criteria as domestic certification bodies. In lieu of USDA accreditation, a foreign certification body may:
• Receive recognition when USDA has determined, upon request of a foreign government, that the foreign certification body's government authority is able to assess and accredit certification bodies as meeting the requirements of the National Organic Standard; or
• Receive recognition as meeting requirements equivalent to the requirements of the NOS under an equivalency agreement negotiated between the United States and the foreign government.

In practical terms, any group considering exporting organic products to the United States should identify a certification body that has or will receive United States certification approval. The United States-based organizations with overseas offices will be able to certify all locations when they are approved by the USDA for organic certification.

Japan

The new Japan Agriculture Standard (JAS) regulations for product labelling formulated by the Ministry of Agriculture Fisheries and Forests (MAFF) have been operational since 1 April 2001. The established JAS law is based on the CODEX guidelines for organic agriculture. Under the new law all products labeled as organic must be certified by a Registered Certification Organization (RCO) and must display the JAS logo, as well as the RCO's name. Under the new regulation, RCOs are required to be accredited by MAFF. Since the start of the implementation of the new legislation, 38 organizations have been registered as RCO. Although it is possible for foreign certifiers to register, at the time of writing, all RCOs are currently Japanese.

European Community (EC)

In the EC, Regulation EEC 2092/91 determines the minimum requirements for organic farming in all the member states and is a directly applicable law. It contains standards for production, processing, imports, inspection and certification, marketing and labelling of organic products. Organic food products originating from non-EC countries may be imported and marketed in the EC with an organic label if it is accepted that the products are produced and certified according to procedures equivalent to those of the EC.

Import Permits

Import permits are issued for a certain number of specific products from specified countries. They are valid for defined periods. They are granted to specific importers and valid only for those importers for import entry into those importers’ countries. Once imported into an EC member country, the products may be marketed freely within the EC. In practice, the duration of the process to obtain an import permit can vary considerably. Some importers reported that it is a matter of weeks in some countries (e.g., the Netherlands), while it can take up to several months in other member states. In France, for example, some trade sources said that in the past it used to take up to six months to obtain an import permit. However, they said that there has been considerable progress recently, leading to a more reasonable time frame (generally not exceeding two months).

To obtain an import permit, the importer must provide evidence that the product is produced in accordance with production requirements equivalent to those laid down in article 6, that control measures are as effective as those set out in articles 8 and 9, and that these control measures are effectively and permanently implemented. Equivalency between production methods in the EC and the export country is documented through the use of certification bodies having standards at least equivalent to those of the EC or a certification programme that ensures certification against standards equivalent to those of the EC.

In general, the criteria for granting the import permit are shifting away from evaluation at the production level towards approval of the certification arrangements, including the certification bodies. In order to ensure equivalence in the effectiveness of inspection and certification measures, third-country certification bodies must satisfy the requirements of standards EN 45011 or ISO/IEC Guide 65:1996.

Click here to view a video that explains a step by step guide to importing into the UK (2021).

To obtain the detailed organic standards applied in major importing countries visit the following Web site: http://www.organic-research.com/Laws&Regs/legislation.htm