Certification to the Australian Standard
The OFA is a strong supporter of certification as the best way to guarantee the integrity of organic products. This is the reason why we have been actively pursuing a regulatory system for the domestic market.

Now that Standards Australia has given the green light on an Australian Standard for Organic and Biodynamic Produce to be developed in 2007, it is important to discuss how compliance to this standard will work.

Compliance is achieved by the current Federal and State regulatory agencies that prosecute fraud ‘calling up’ the standard into their regulations. Australian Standards are the benchmark definitions that these agencies use to prosecute the trade in products and services that do not meet the standard.

The current National Standard for Organic and Biodynamic Produce (National Standard) and the individual standards of the certifying bodies (CB’s) cannot by used for this purpose as they are considered to be private standards. That is why it was necessary to develop an Australian Standard for Organic and Biodynamic Produce. It is the essential first step in establishing an effective national regulatory system.

The National Standard is legally binding for the export market only. This standard has become a de-facto domestic standard. However, the National Standard has limited regulatory authority in stopping fraud and misrepresentation in the domestic market and cannot be used to regulate imported organic products.

Currently there is no legal requirement for products to be certified to the National Standard and there is nothing stopping any organisation from certifying products as ‘organic’ to a standard that does not comply with the National Standard.

An Australian Standard will close the regulatory gap with the National Standard

Short Term Compliance
Our current National Standard is world class, however because it is considered a private standard it cannot be used for regulatory purposes on the domestic market. The fastest option to get regulation of the domestic organic sector is to adopt the existing National Standard as an interim Australian Standard for Organic and Biodynamic Produce.

Using the National Standard as an interim Australian Standard would mean that the process of regulatory compliance can start immediately. Australia’s main regulatory watchdog the Australian Competition and Consumers Commission (ACCC) can start prosecuting products that do not comply with the standard

The ACCC was quoted in the Sydney Morning Herald on Nov 24, 2006, stating that the Australian Standard is the 'way to go' for the organic sector. The ACCC spokesperson said that 'producers who flouted it would be exposed to action by the ACCC'.

AQIS has said that they would use the Australian Standard as the standard for exports and as the basis for accrediting certification bodies (CBs). This will mean that there will be no changes in the current certification arrangements and certified producers should not notice any difference in the compliance requirements with their current certifying body.

However it will mean action can now be taken on the domestic market to ensure that all products claiming to be organic must comply with the Australian Standard. The cheapest and easiest way to comply is to be certified to the standard. It can cost hundreds of thousands of dollars in legal fees if the ACCC takes action against a company or individual over making false claims.

Longer Term Federal and State Compliance
Now that developing an Australian Standard for Organic and Biodynamic Produce has commenced, the OFA has started the process of contacting industry, the Australian Government and the State governments to look at the best way to call up the standard in a uniform way in the appropriate Federal and State regulations.

Under a memorandum of understanding (MOU) between Standards Australia and Food Standards Australia New Zealand (FSANZ), an Australian Standard can be called up into a FSANZ Food Standards Code. An example of this is the fish names standard. The correct names for fish is not a food safety issue. As a result, FSANZ wasn’t prepared to develop a food standard code for fish names. Instead they referenced the relevant Australian Standard into the code.

Mr Graham Peachey, Chief Executive Officer of FSANZ stated in media release in March 2006: "An example of this [MOU] is the standardisation of fish naming, although it was not a food safety issue both FSANZ and Standards Australia worked closely with the seafood industry to finalise a general standard for uniform fish names in 2006."

"Consumers and organic growers are also interested in uniform accreditation for organic food. Once again, this isn’t a safety issue for inclusion in the Food Standards Code but it is under consideration as a future Australian Standard on Organics and Biodynamic Produce by Standards Australia," Mr Peachey said.

FSANZ has repeatedly rejected a dedicated Organic Food Standard Code as it is not food safety issue. However, like the fish names, we can have the Australian Standard for Organic and Biodynamic Produce referenced into the FSANZ Food Standards Code. It will give the organic sector the regulatory protection of FSANZ.

The OFA wants to see certification of organic products mandated in regulations when the Australian Standard is ‘called up’ into relevant Federal and State regulatory systems.

Accreditation of Certification Bodies
The OFA’s position is that all products claiming to be organic have to be certified by suitably accredited certifying organisations. Accreditation is currently done by the Australian Quarantine and Inspection Service (AQIS), who audits annually and then approves the seven certifying bodies in Australia. AQIS ensures that these CBs have good systems to guarantee the integrity of organic certification.

Without an accreditation system for CBs, anyone could set up as a certifier and this could damage the credibility of certified products.

In Australia, the Joint Accreditation Service Australia and New Zealand (JAS-ANZ) is the main accreditator of non organic CBs and auditing organisations. JAS-ANZ is recognised internationally in this regard. They could provide an accreditation service that is similar to AQIS. The International Organic Accreditation Service (IOAS) is another organisation that can do this. IOAS accredits CBs to the IFOAM standard, but could easily accredit CBs to the Australian Standard. Two Australian CBs already have accreditation with AQIS and IOAS.

Having a choice of 3 accreditation organisations will be good for CBs, as they will be able to reduce their compliance costs by choosing the service provider that best meets their needs. This will also mean lower costs for certified producers and ensure the integrity of all Australian organic certifications.

Conclusion
The development of an Australia Standard for Organic and Biodynamic Produce will see the end of the current regulatory gap where there is no regulation of organic products, including imports, being sold on the domestic market in Australia. The adoption of an Australian Standard will allow the ACCC to take action against products labeled as organic that do comply with the standard.

In the longer term the appropriate Federal and State regulatory authorities can call up the standard into their regulations and mandate that products have to be certified by accredited CBs.

The Australian Standard is the first step in achieving the long overdue regulation of the certified organic products, including imports in the Australian market place, to provide protection for consumers and producers.

BOAB meeting March 11
The next BOAB meeting will be at the Adelaide Hills property of renowned organic apple producer, Graeme Schultz, at 10 a.m. on Sunday 11 March. Organic Federation of Australia, Chairman, Andre Leu will attend the meeting, to discuss the development of a new organic standard by Standards Australia. It will also provide an opportunity to see a very successful organic apple orchard, at a prime time of the year, and to meet with other organic producers.

Graeme and Fiona Schultz have been growing organically for about 15 years, and experimenting with low input and sustainable methods for another decade prior to converting. Graeme is a forth generation apple producer, who has applied considerable knowledge, experience, though and hard work to his property, at Stentiford Road, Forest Range.
For Information: B.-d. Farm Paris Creek Pty. Ltd.
Phone: (61) 08-8388 3339
email: ulli@bdfarmpariscreek.com.au
web: www.bdfarmpariscreek.com.au

Elaine Ingham True Fertility Seminars
True Fertility seminars combining soil biology, nutrients and structure will be run in Warragul, Tuesday March 13^th to Saturday March 17^th and at Werribee Monday March 19^th to Friday March 23^rd. Details can be found at www.agriculturalsolutions.com.au