§ 349

(1) Subject to subsection (2), the certification body must suspend a certification that is granted under section 345 or 348 if (a) the holder of the certificate does not comply with any provision of the Act or this Part; (b) the substances or materials that are used are other than those that are set out (i) in the case of an aquaculture product, in CAN/CGSB-32.312, and (ii) in the case of a food commodity other than an aquaculture product, in CAN/CGSB-32.310 or CAN/CGSB-32.311; (c) the food commodity comes into contact with a substance or material other than one that is set out (i) in the case of an aquaculture product, in CAN/CGSB-32.312, and (ii) in the case of a food commodity other than an aquaculture product, in CAN/CGSB-32.310 or CAN/CGSB-32.311; (d) the substances or materials that are used are set out but are not used in the manner described, (i) in the case of an aquaculture product, in CAN/CGSB-32.312, and (ii) in the case of a food commodity other than an aquaculture product, in CAN/CGSB-32.310 or CAN/CGSB-32.311; (e) the methods that are used do not meet the requirements or do not comply with the general principles respecting organic production that are set out (i) in the case of an aquaculture product, in CAN/CGSB-32.312, and (ii) in the case of a food commodity other than an aquaculture product, in CAN/CGSB-32.310; or (f) in the case of a multi-ingredient food commodity, less than 70% of its contents are organic products.

(2) The certification body must not suspend a certification unless the holder of the certificate (a) was provided with a written report that sets out the grounds for the suspension and the period within which corrective action must be taken in order to avoid the suspension; and (b) failed to take corrective action within that period or, if the certification body granted an extension at the written request of the holder, within any later period specified by the certification body.

(3) The certification body may grant an extension of the period in which corrective action must be taken only once.

(4) The certification body must notify the holder of the certificate in writing of the suspension and the date on which it takes effect.

(5) The suspension of a certification must be lifted if the certification body determines that corrective action has been taken.