USDA NOP, the EU organic regulation and the Canada Organic Regime are separate legal systems, linked by equivalence arrangements that let certified organic products cross between them under set conditions. The EU's recognition of the United States and Canada as equivalent expires on 31 December 2026, and a proposed extension to 2036 had not been adopted by early October 2026.
This guide is for organic certification bodies and their scheme managers, and for exporters who need to know which certificate a buyer will accept.
How do USDA NOP, EU organic and the Canada Organic Regime differ?
Each regime has its own law, its own production standard and its own way of approving the bodies that certify farms and processors. The principles are close. The detail is not, which is why equivalence arrangements carry exceptions and conditions.
| Element | USDA NOP (United States) | EU organic | Canada Organic Regime |
|---|---|---|---|
| Legal basis | 7 CFR Part 205 | Regulation (EU) 2018/848, applied since 1 January 2022 | Part 13 of the Safe Food for Canadians Regulations |
| Production standard | The regulation itself, with the National List of allowed and prohibited substances | The regulation and its delegated and implementing acts | CAN/CGSB-32.310-2026 and CAN/CGSB-32.311-2026 (CAN/CGSB-32.312-2023 for aquaculture) |
| Who approves the certifier | USDA accredits certifying agents for crops, livestock, wild crops or handling, for 5 years | Member State competent authorities delegate controls to control bodies (Article 40). The Commission recognises bodies working in third countries (Article 46) | CFIA accredits certification bodies on the recommendation of a conformity verification body |
| Role of ISO/IEC 17065 | Not named as the basis. Requirements sit in subpart F of Part 205 | Accreditation to the harmonised product-certification standard is a recognition criterion under Article 46(2)(d) | The verification body assesses the certifier against ISO/IEC 17065 and the COR Operating Manual |
| Seal on retail packs | USDA organic seal | EU organic logo | Canada organic logo, only at 95% organic content or more |
ISO/IEC 17065:2012 is still the edition in force. Its second edition was at the final draft ballot stage (FDIS, stage 50.20) on ISO's site in October 2026. Our guide to ISO/IEC 17065 for product certification bodies covers the standard itself. Organic certification is product certification, so ISO/IEC 17021-1, the standard for management-system certification, is not the route here.
What happens to EU equivalence with the US and Canada after 31 December 2026?
Article 48(1) of Regulation (EU) 2018/848 keeps the third countries recognised as equivalent under the old Regulation (EC) No 834/2007. Regulation (EU) 2020/1693 moved the expiry of that recognition to 31 December 2026. The Commission's organic trade page lists eleven such countries, including the United States and Canada.
The law expects these recognitions to be replaced by trade agreements, the route already used for Chile, Switzerland and the United Kingdom. The Council authorised the Commission to negotiate with the eleven countries on 28 June 2021.
No agreement was in place by late 2025. On 16 December 2025 the Commission proposed COM(2025) 780, which would extend the recognitions to 31 December 2036. The Council agreed its negotiating position on 11 May 2026 and aims to reach agreement before the end of the year.
Parliament's agriculture committee voted on 14 July 2026, and talks between Parliament and Council were confirmed on 16 September 2026. In early October 2026 the file was still awaiting Parliament's first-reading position.
Two points follow for certifiers. First, treat the extension as proposed, not in force, until it is published in the Official Journal. Second, if the recognitions lapse, a US or Canadian product could still enter the EU as organic through the compliance route in Article 45(1)(b)(i).
That route means certification to the EU rules by a control body recognised under Article 46. The Council's position would also stop products imported under equivalence from using the EU organic logo unless they meet extra requirements.
What did the USDA Strengthening Organic Enforcement rule change?
The Strengthening Organic Enforcement (SOE) rule took effect on 20 March 2023, and operations had to comply by 19 March 2024. It amended Part 205 rather than replacing it. For a certifying agent, four changes show up in day-to-day work.
- Every shipment of organic products into the US must be linked to an electronic NOP Import Certificate, issued by the certifier in USDA's Organic Integrity Database.
- Importers, exporters, brokers and traders must now be certified unless an exemption applies.
- Certifiers must run unannounced inspections of at least 5% of the operations they certify each year, under 7 CFR 205.403(b).
- Inspectors need 2,000 hours of relevant experience before their first assignment. New inspectors and reviewers complete 50 hours of training in their first year, then 10 hours a year plus 5 for each extra area of operation (7 CFR 205.501).
Records the certifier creates about its clients must be kept for at least 10 years, and records received from clients for at least 5 years (7 CFR 205.510(b)). Check that your document control procedure states both periods.
What changed in the Canadian Organic Standards in 2026?
The Canadian General Standards Board published CAN/CGSB-32.310-2026 in March 2026. It supersedes the 2020 edition and its 2021 corrigendum. CFIA now lists the 2026 editions of 32.310 and 32.311 as the applicable standards for agricultural products. Its page on regulating organic products explains who does what in the regime.
The COR Operating Manual sets what a certification body must do when a standard changes. It must tell all certificate holders within 2 months of publication (C.5.1). Previously certified operators get up to 12 months from publication to comply, unless the standard grants longer (C.5.2). The body must also update its application documents, training material, procedures and checklists to the new edition (C.5.4).
The US-Canada arrangement has been in place since June 2009. USDA's terms list products that cannot be sold as organic in Canada, including those grown with sodium nitrate and hydroponic or aeroponic production.
What does each regime require of an organic certification body?
This is where a scheme that serves all three markets gets complicated. The core cycle is shared: application and organic system plan, review, on-site inspection, decision, certificate and annual surveillance. The rules around it differ.
Under NOP, the certifier inspects every operation on site before certification and at least once a year after that (7 CFR 205.403(a)). Accreditation lasts 5 years and is kept up through annual reports to USDA. For exports to the EU under the US-EU arrangement, the certifier issues an electronic certificate of inspection in the EU's TRACES system at the moment the consignment leaves the US port. Products must contain at least 95% organic ingredients, because the EU does not recognise the USDA "100% organic" or "made with organic" categories.
Under Article 46, a control body working outside the EU must be accredited by a single accreditation body and must not delegate control tasks. It also must not send the same inspector to the same operator for more than 3 years in a row. Build that rotation rule into your inspector allocation records.
Under the Canada Organic Regime, a conformity verification body assesses the certifier under ISO/IEC 17011 against ISO/IEC 17065 and the Operating Manual, then surveils it every year. The certifier must run unannounced inspections on 5% of its COR clients, with fixed minimums for small client lists (C.2.6.1). Certificates must state that they are issued pursuant to Part 13 of the SFCR. Similar chain-of-custody discipline applies to organic feed, covered in our guide to UAE.S 5043-2 organic feed.
How AGS can help
The Organic Certification NOP-EU-Canada kit is written for certification bodies, not farms. It contains 40 editable documents: 39 in Microsoft Word and one Excel register workbook. It includes a certification scheme, an ISO/IEC 17065 quality manual, 15 procedures from application review to suspension and withdrawal, and 14 forms such as the application and organic system plan. It also has 6 checklists, including crop and handling inspection checklists, and an ISO/IEC 17065 compliance matrix.
Frequently asked questions
Can one certification body certify to NOP, EU and Canadian rules at the same time?
Yes, if it holds each approval separately: USDA accreditation, CFIA accreditation, and EU recognition or control body status. Each approval is assessed against its own rules.
Does the US-Canada equivalence arrangement depend on the EU deadline?
No. The 31 December 2026 date comes from EU law and concerns the EU's recognition of third countries. The US-Canada arrangement is a separate bilateral arrangement.
Which countries does the USDA currently treat as equivalent?
USDA's international trade page, updated June 2026, lists Canada, the EU, Japan, the Republic of Korea, Switzerland, Taiwan and the United Kingdom. Israel and New Zealand have recognition agreements for direct export to the US only.
Does buying documentation mean a body will be accredited or recognised?
No. Documents are a starting point. Accreditation and recognition depend on how the system runs and on the assessors' findings.
AGS provides independent documentation toolkits. This guide and the referenced kit are not affiliated with, endorsed by or approved by the USDA, the European Commission, the Canadian Food Inspection Agency or any accreditation or certification body. They do not guarantee any accreditation, recognition or certification outcome.
Reviewed October 2026. Facts checked against the sources current at publication.
