Canada-Mexico Equivalency

Canada-Mexico Equivalency

July 4, 2024
Mexican Flag Flying

Leading up to the CMOEA

In 2024, Canada marked eighty years of diplomatic relations with Mexico. The two countries share a bilateral relationship and are also two-thirds of the North American partnership that also includes the United States. 

Canada is a chief source of tourism revenue inside Mexico (second only to the United States), and in 2023, more than 23,000 study visas were issued. Mexico is also the number one source country for foreign agriculture workers in Canada through SAWP (Seasonal Agricultural Workers Program), and in 2022, over 50,000 temporary foreign Mexican workers were employed inside Canada.

Memorandum of Understanding

 Starting with the implementation of NAFTA (1994) and continuing with the Canada-US-Mexico Free Trade Agreement (CUSMA), trade relations between Canada and Mexico have grown in strength and importance. As Canada's third largest single-country merchandise trading partner, Mexico is a priority export market for Canada. All of this has led the Canadian Food Inspection Agency (CFIA) and the Secretariat for Agriculture and Rural Development of the United Mexican States (Mexico) to join together in a Memorandum of Understanding for the Recognition of Organic Products Equivalence.

This Memorandum considers the interest of both countries in maintaining and strengthening relationships through the exchange of organic products (after each country has put in place control systems and organic regulatory frameworks). By achieving equivalence for organic products, consumers can have increased confidence in the quality of the products being produced by each county, institutional cooperation within the two countries is strengthened, and more bilateral trade is facilitated. AGRICULTURA has designated the National Service for Animal and Plant Health, Food Safety and Quality (SENASICA) to implement the Memorandum. 

Click to see details about the agreements inside the memorandum.  Of note, the memorandum states that organic equivalence will be issued simultaneously to organic products of the CFIA and the SENASICA, participants will form a technical working group to address any concerns that arise, the MOU is not legally binding, but it will remain in place for three years from the date when both participants have signed.  

Canada Mexico Organic Equivalency Arrangement (CMOEA)

The Memorandum of Understanding deems the organic requirements of both countries equivalent, and the Canada Mexico Organic Equivalency Arrangement lays out the import requirements of both countries for organic products. This applies to organic crops, processed plant-based foods, Canadian-grown livestock and livestock parts that are grown, packaged, and processed in Canada, and their equivalents that are grown, processed, and packaged in Mexico.

Import Regulations: 

Mexico: 

Canadian organic products covered under CMOEA may be sold as organic in Mexico if the terms of the Memorandum of Understanding have been met. These products may also use the Canada Organic logo and the Mexican Organic logo. As of February 15, 2023, these products include:

  • agricultural products of plant origin
  • processed foods of plant origin
  • livestock
  • processed food products containing livestock ingredients
  • beekeeping products

Mexico requires these products be accompanied by a copy of the applicable COR certificate with a Spanish translation attached and by an International Transactions Document (format O-SQ-F03) that is provided by SENASICA. The original International Transactions Document must accompany each shipment. 

Mexico's organic regulations include the Organic Products Law, Regulation of the Organic Products Law, as well as other agreements. Click to read the full list of regulations.

Mexico's labelling requirements are found in articles 201 to 204 of "Agreement that modifies, adds and repeals various provisions of the diverse one by which the guidelines for the organic operation of agricultural activities are disclosed, published in the Official Gazette of the Federation (June 8, 2020)." 

Labels for fresh, bulk, or processed products are required to contain the name of the CB accredited by the CFIA and the organic certificate number or operator code. For processed or packaged products, there are several more requirements. Those labels must contain:

  • The name of the CB accredited by the CFIA.
  • The organic certificate number or operator code.
  • The list of organic ingredients.
  • The name and address of the manufacturer of the product being exported
  • The statement: "Certified Organic by..." or a similar phrase, followed by the name of the CFIA accredited CB.

Both the Canadian Organic Logo and the National Seal from SADER/SENASICA are allowed on the product,  although there are specific requirements that must be observed when using the National Seal. 

Canada: 

Mexican organic products that comply with CMOEA, including the conditions in Appendices 1 and 2 of the Memorandum of Understanding, have been sellable in Canada since February 15, 2023. This includes crops including fungi, processed foods of plant origin and beekeeping products. Both AGRICULTURA's national seal and the Canadian organic logo can be used on these products (as set out in section 13 of Safe Food for Canadians Regulations).

Canada requires a copy of the current LPO certificate with an English translation attached plus an export certificate stating that items comply with the terms of Annex 11 of the MOU. The importer must show the original EC when the product enters Canada. SENASICA approved CB's will receive a copy of the export certificate. Both the EC and the LPO must travel with each shipment sent to Canada. 

Canadian labelling requirements must be followed on any imported Mexican organic products. These may show the Canada organic logo, but Mexican CBs must request a copy of the logo. 

Organic products that fall outside of the scope of the agreement, such as livestock or processed foods of animal origin, may still be imported and sold in Canada as organic as long as they are certified under the Canadian Organic Standard CAN/CGSNB 32.310 and are accompanied by a valid certificate. All imported foods must meet the regulations of the Safe Food For Canadians Act and also the Food and Drug Act. 

Imported products may not be re-exported to the United States and cannot become ingredients in other products that are then imported to the United States due to the US-Canada Organic Equivalency Agreement. However, they may be re-exported to other countries under the Canada Organic Regime. 

 

Sources:

 https://www.international.gc.ca/country-pays/mexico-mexique/relations.aspx?lang=eng

https://inspection.canada.ca/en/food-labels/organic-products/equivalence-arrangements/mou

https://inspection.canada.ca/en/food-labels/organic-products/equivalence-arrangements/cmoea