1. What are the Legislative requirements for exporting organic?
Ms Marg Will
CEO
Organic Systems and Solutions Pty Ltd
What are the Legislative requirements for exporting organic?
I would like to congratulate the organisers on holding this initial event in the region and sincerely thank them for the opportunity to present today.
As this is complex topic, my brief presentation today will provide a summary of the history, current and future of sustainability certification schemes. My interest in this topic is due to my belief that everyone has a right to know what’s in their food – if they want to know.
Our business assists producers and food manufacturers to become certified for sustainable schemes as well as food safety and QA.

2. What are the Regulations?
Export from Australia
&
Importing country requirements

3. What are the Regulations?
The Export Control Act (1982)
Export Control (Prescribed Goods — General) Order 2005
Export Control (Organic Produce Certification) Orders ‘Organic Orders’
Government Administrative Arrangements for Approved Certifying Organisations Managing Inspection and Certification Programs for the Export of Certified Australian Organic and Bio-Dynamic Produce, 2014 Vol.2, The Administrative Arrangements’
Guidelines for the Issue of Organic Produce Certificates to all markets, May collectively known as ‘The Guidelines’.
Guidelines for the Management of Organic Produce Certificates by Approved Certifying Organisations, May 2014, ‘collectively known as ‘The Guidelines’.
Industry Notices issued by the department, ‘Organic Notices’.
The National Standard for Organic and Bio-Dynamic Produce, ‘National Standard’
Let’s now focus on sustainable food certification schemes
These include
Organic and biodynamic
Non GMO
Fair Trade
Sustainably grown or sustainably caught
Free range, cage free and humane
Rainforest alliance

4. What are the Regulations?
The OPC is required regardless of any agreement or arrangement with an importing country, and in addition to importing country requirements(for example, EU and Swiss government requirements in relation to the use of TRACES for the a certificate of inspection do not negate the OPC requirement).
Let’s now focus on sustainable food certification schemes
These include
Organic and biodynamic
Non GMO
Fair Trade
Sustainably grown or sustainably caught
Free range, cage free and humane
Rainforest alliance

5. What are the Regulations?
Section 7 of the Export Control Act 1982:
(1) The regulations may prohibit the export of prescribed goods from Australia.
Clause 1.05 of the Organic Orders:
For subsection 7 (1) of the Act, the export of organic produce is prohibited unless an organic produce certificate has been issued under these Orders for the produce.
Let’s now focus on sustainable food certification schemes
These include
Organic and biodynamic
Non GMO
Fair Trade
Sustainably grown or sustainably caught
Free range, cage free and humane
Rainforest alliance

6. What are the Regulations?
Clause 2.02 of the Organic Orders
An application for an organic produce certificate must be in a form approved by the Secretary for the purpose, and must set out all the information necessary to enable a decision to be made.
Paragraph 13 of the Guidelines for the Issue of Organic Produce Certificates to all markets, May 2014:
Certificates must be issued prior to the consignment (to which the certificate relates), departing Australia.
Let’s now focus on sustainable food certification schemes
These include
Organic and biodynamic
Non GMO
Fair Trade
Sustainably grown or sustainably caught
Free range, cage free and humane
Rainforest alliance

7. What are the Regulations?
Importing Countries
Those with organic regulation
&
Those without….

8. What are the Regulations?
Those with Organic Regulations
Direct Access (Conformity Assessment)
2 System of recognition
Full or Part Equivalency
Conformity Assessment with Government oversight
Other recognitions

9. Current Arrangements
EU - Equivalence recognition for plant products achieved in the mid-1990s. Conformity assessment for livestock products. Equivalence negotiations commenced in the early 1990s and reinvigorated in New arrangements needed by 2025.
Switzerland. Equivalence recognition for plant products achieved in Conformity assessment for livestock products. Equivalence negotiations are linked to negotiations with the European Union.

10. Current Arrangements
USA. Conformity assessment. Equivalency application lodged 2002.
Canada. Conformity assessment. Equivalence negotiations commenced in 2009.

11. Current Arrangements
China. Conformity assessment – variation on the typical conformity assessment arrangement. Investigations into equivalence recognition arrangements commenced in 2013.
Japan. Equivalence recognition for plant products achieved in Conformity assessment for livestock products Submission required to achieve equivalence.
South Korea. Conformity assessment. Equivalence negotiations commenced in 2008 for processed foods.
Taiwan. Equivalence recognition achieved in 2009

12. Current Arrangements
India. Surprise! Introduced in November 2018 meaning - there are 2 ways for imported organic food to comply with the requirements - either through a country to country agreement with India that recognises equivalence of another country’s organic standard (note India seeks this to be mutual recognition - ie recognising India’s standard) OR imported food should comply with the Indian organic standard.
Indonesia. New organic regulations introduced 3 years ago.
Vietnam. Watch this space!

13. REMEMBER you still need an OPC!
Current Arrangements
And for those without regulations…
Singapore. No organic regulations but referenced in food labelling!
REMEMBER you still need an OPC!

14. A fantastic example of a sustainable certification scheme is the Non GMO Verification project.
I acknowledge that there are representatives from other well known successful logos here over the next two days, so I thought Id highlight this one.
The amazing part of these figures is that the Non GMO Project exists to accredit products for sale in the USA – essentially a domestic scheme that has grown to be recognised and add value to USA manufactured products.
Why?
(insert non gmo vs organic figures)

15. Thank you www.organicsystemsandsolutions.com
I would like to congratulate the organisers on holding this initial event in the region and sincerely thank them for the opportunity to present today.
As this is complex topic, my brief presentation today will provide a summary of the history, current and future of sustainability certification schemes.
Our business assists producers and food manufacturers to become certified for sustainable schemes as well as food safety and QA.
Thank you