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Te Pou Oranga Kai O Aotearoa
 

MARKET ACCESS INFORMATION - ORGANICS

The NZFSA OOAP used to operate for three export markets, namely the European Union (EU), the United States (US), and Switzerland. The scope of NZFSA OOAP was extended to Japan this year after an equivalence agreement was signed in March 2007 between NZFSA and Japan Ministry of Agriculture, Forestry and Fisheries (MAFF) for organic plant products and processed plant products.

Depending upon the country of destination to which an exporter wishes to export organic products, the pathways to be followed may be different.

Statement of Policy: Market Access and Official Assurances Principles (As signed off as the Pan-MAF Certification Principles by the SPS Forum, August 2006

European Union, Switzerland & USA - To participate in the programme, organic operators (e.g. producers and processors) need to register with a TPA recognised by the NZFSA. Exporters wanting to participate in the programme need to register directly with the NZFSA.

Exporters wishing to export to the European Union have to obtain an assurance certificate issued by NZFSA for each consignment of organic products being exported.

Exporters wishing to export to the United States have to notify NZFSA of all consignments of organic products being exported. The TPAs are responsible for issue of assurance certificates for the consignments.

U.S Labelling Requirements for Application of the USDA Organic Seal

Japan: Exporters wishing to trade with Japan have two pathways to choose from: -

1. Organic Equivalence pathway under NZFSA OOAP: Exporters must be certified with a Third Party Agency (TPA) and registered with NZFSA for the OOAP, and then they can apply to NZFSA Certification Unit for an official assurance certificate for each consignment for export to Japan. The JAS (Japanese Agricultural Standards) organic mark is applied on the organic products in Japan; it cannot be applied by the processor/exporter in NZ. Certifying bodies operating under the equivalence agreement do not need to be registered with Japan MAFF. This pathway is open to plant products and processed foods of plant origin.

2. Registration by Japan MAFF of Overseas Certifying Bodies: This pathway is completely separate from country equivalence and NZFSA Official Organic Assurance Programme. Organic certifying bodies in New Zealand must be registered RFCO (Registered Foreign Certification Organisation) directly with Japan MAFF. The JAS mark is applied in the country of origin, i.e. NZ for NZ exporters, of the organic products under the oversight of the RFCO. This pathway is open to all plant and livestock products. Both TPAs have gained RFCO status with Japan MAFF.

Exporters wishing to export to Japan under pathway two should contact their Third Party Agency directly.

Other Countries: NZFSA provides Official Assurances for only the countries mentioned above. Exporters wishing to export to countries other than the ones named above should contact their Third Party Agency directly.

OVERSEAS MARKET ACCESS REQUIREMENTS: CLARIFICATION ON ROLES AND RESPONSIBILITIES

NZFSA

NZFSA may be advised of new rules or changes to existing rules of Trading Partners via any one or combination of the following:

NZFSA scrutiny of Trading Partner websites,

Overseas Authorities directly,

WTO TBT notifications,

Ministry of Foreign Affairs and Trade (Embassy staff)

Third Party Agencies

NZ Organic Industry Organisations

NZ Organic Industry members (producers, exporters)

NZFSA has the responsibility for advising new, or changes to existing, overseas market access requirements when these become known. The implementation date of the new rule or rule change will be advised at the same time.

This advice is provided to Third Party Agencies and registered exporters by email. A rule change and/or incorporation of a new rule into the Technical Rules for Organic Production may follow if necessary.

NZFSA may provide comment on implications of the new rules or changes to existing rules, but this is not a primary role, and is largely dependent on available resources and priorities.

In instances where overseas market access requirements are unclear, NZFSA will provide a clarification. NZFSA will seek clarification from the overseas government concerned, and advise the Third Party Agencies and registered exporters of the official clarification or interpretation.

Clarifications and/or interpretations of overseas market access requirements obtained by the industry directly from overseas authorities require authentication by NZFSA before they can be considered official.

Unofficial interpretations are applied at the risk of the applying operator, and the consequences could be considerable.

The NZFSA organics webpage is utilised as much as possible to support this communication.

TPAs and Registered Exporters

Third Parties and registered exporters must note these changes, and communicate them to their licensees and/or suppliers as appropriate.

Industry operators participating in the programme must apply these changes where they are applicable to their operation.

NOTE: The primary function of the Third Party Agency for the Official Organic Programme is however to audit operators for compliance to the NZFSA Standard OP3, including the Technical Rules for Organic Production or the TPA’s own standard if NZFSA has recognised it as equivalent to the Technical Rules.

All Programme Participants

It is a collective responsibility of all programme participants to notify NZFSA of any pending changes to organic rules of overseas markets covered by the programme.

European Union

The European Union view the NZFSA Technical Rules for Organic Production as equivalent to its own Regulations for the production and labelling of organic foods.

Nonetheless, any changes to the Technical Rules are advised to the European Commission in the annual report provided by NZFSA as part of the equivalence arrangement.

In addition, NZFSA considers any change made by the EC to their organic Regulations and changes may be made to the Technical Rules in order to maintain equivalence.

United States

The United States do not recognise the NZFSA Technical Rules for Organic Production as equivalent. They do however recognise NZFSA’s oversight of organic certifying bodies, AgriQuality and Bio-Gro, to ensure the US National Organic Standard is applied in New Zealand for organic products exported to the United States.

This means that all organic products exported from New Zealand to the United States under the official NZFSA programme must be produced in accordance with the US National Organic Standard. When the United States changes their existing organic standard or introduces a new rule, New Zealand producers have no choice but to apply the new rule.

Clarifications and/or interpretations can be obtained from the United States Department of Agriculture, should the rule be unclear.

Japan

New Zealand is recognised as having equivalent organic production rules for export (i.e. NZFSA Technical Rules for Organic Production) to Japan MAFF’s organic standard for plant products and processed foods of plant origin.

Under this recognition, Japan MAFF requires NZFSA to notify them of any changes to the NZFSA Technical Rules for Organic Production in advance of implementation. Japan MAFF has undertaken to provide NZFSA with the same notification.

There is an expectation that each party will maintain their organic standards in a way that facilitates the continuation of equivalence recognition.

All information on this website is subject to a disclaimer.
Contact for enquiries

New Zealand Food Safety Authority
68-86 Jervois Quay
PO Box 2835
Wellington
NEW ZEALAND

Phone: +64 4 894 2500
Fax: +64 4 894 2501

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