Organic Rules and Certification

All differences in one table by EU regulation

  • EC Council Regulation No. 2092/91
    • Inspection and certification system - Art.8-9
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Title Description Difference Justification and Comments
Certification, general requirements - US NOP 2002
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ยง 205.404 ? 205.406 Certification If the certifying agent determines that the operation is in compliance with the rules, he shall issue a certificate. In case of non-compliances the operator shall receive a description of each non-compliance and the facts upon which the notification of non-compliance is based. In a notice of denial, suspension or revocation of certification, the rights to reapply, request mediation or filing an appeal must be stated. To continue certification an updated organic production or handling system plan must be submitted and an annual inspection conducted.
US defines details of certificate, in EU Regulation 2092/91 this issue is covered by reference to EN 45011. In US certification continues in effect until surrendered by the organic operator or suspended or revoked by the certifying agent or authority. This is not defined in EU. US describe procedural details for granting, denial and continuation of certification. EU is less detailed. EU requires in case of manifest infringement to prohibit marketing of organic products for a period to be agreed with the competent authority. US allows for immediate re-application after denial of certification but requires 5 years before re-application following revocation. US requires annual update of production or handling plan, this is not specified by EU. No justification was available.