Organic Derogation Request Form - Aus-Qual

AUS-QUAL Received
AUS-QUAL ORGANIC PROGRAM
DEROGATION REQUEST FORM
Initial:
Date:
A derogation is a change from the Standard, i.e. an exemption from or relaxation of a rule or law. The reason for the
derogation request must fall within the guidelines of the relevant Organic Standard. This form and supporting
paperwork is to be completed and forwarded to AUS-QUAL and written approval from AUS-QUAL is required prior to
implementing the derogation. Please ensure the following and also Fact Sheet #5 is read before completing this
request form.
Example of a Derogation:
National Standard for Organic & Bio-Dynamic Produce:
1.7.2 Organic plants must be grown from organic seed or organic plant propagation material. New seeds and new
vegetative reproductive material shall be considered organic when grown in accordance with the provisions of this
Standard for at least one generation or, in the case of perennial crops, two growing seasons.
Derogation: Where an operator can demonstrate to the approved certifying organization that material satisfying 1.7.2
is not available in sufficient quality and quantity, the operator must seek written approval from the approved
certification organization to use seed or vegetative reproductive material not in accordance with this Standard.
Organic producers must search for organic seeds and document the unavailability of organic seeds if nonorganic seeds
are used. Documenting the unavailability of organic seeds should include the following steps:
 Contact three or more organic seed suppliers.
 If organic seed is not available, then you need to provide a written statement from at least 3 suppliers stating
why organic seed is not available.

Reasons why organic seeds may not be commercially available:
 Retail packets may not be the appropriate form/quantity for your operation.
 Unsuitable variety for your production system or specific market (i.e., disease resistance, fruit size).
 Documented quality concerns from on-farm variety.
 Letters from seed suppliers verifying no equivalent organic seed available.
Note: The cost of organic seed is not valid justification for the use of non-organic seeds.
NOP Producers: Organic seed and annual seedlings:
Organic seed and annual seedlings are required to be used unless they are documented to be commercially
unavailable. This requirement includes cover crops and forages. Verification of all seed sources and their compliance
with the National Organic Standards is required to be maintained in a grower’s files. This includes commercial
unavailability documentation.
NOP: Products sold or labelled as “organic”:
205.270(b) Nonagricultural substances allowed under §205.605 and nonorganically produced agricultural products
allowed under §205.606 may be used:
(1) In or on a processed agricultural product intended to be sold, labeled, or represented as “organic,” pursuant to
§205.301(b), if not commercially available in organic form.
205.301 (b) All agricultural ingredients must be organic unless they are listed in Section 205.606 of the National
Organic Standards AND are demonstrated to not be commercially available in an organic form.
Note: The cost of organic ingredients is not valid justification for the use of non-organic ingredients.
Form AQT974 AUS-QUAL Organic Program – Derogation Request Form
Issue 12 dated 25/07/2017
Page 1 of 2
AUS-QUAL Received
AUS-QUAL ORGANIC PROGRAM
DEROGATION REQUEST FORM
Initial:
Date:
SECTION A - CLIENT TO COMPLETE (please ensure all fields are completed)
Business Name:
AUS-QUAL Certification No:
Reason for Derogation: (Please select one only)
Use of seed or vegetable reproductive material not in accordance with the National Standard
Use of other material / products / feed supplements not in accordance with the National Standard
Introduction of conventionally produced livestock
Other (please state):
Please tick below which standard/s derogation is requested against:
National Standard for Organic and Bio-Dynamic Produce
United States Department of Agriculture National Organic Program (USDA NOP) –§ 205.204 – untreated seed only
Which section of the National Standard is the derogation requested against? (e.g. Sect.1.7.2)
Intended Implementation Date:
Length derogation required (max. 12 months):
Seed/propagation material intended for use:
Is this request an extension on a previously approved derogation for the use of remaining seed?
If seed, please state if it is:
untreated
Yes
No
treated with
Please provide detailed information in support of this derogation request, including why your crop/production needs are not
met by an organic variety:
Who will you be purchasing the non-organic product from?
If planting legumes, have they been inoculated, and if so what with?
Please ensure you have attached the required supporting documentation for seed/propagation material derogations (i.e.
GMO Free statement, evidence of attempts at obtaining organic seed and either a treatment-free statement or details of
treatment etc). Derogations will not be accepted if this information is not provided.
In the case of a derogation extension, supporting documentation is already on file and therefore does not need to be resent.
SECTION B – CLIENT DECLARATION
I hereby declare the information provided on this Derogation Request to be valid and true.
Client Name:
Client Signature:
Date:
SECTION C – AUS-QUAL TO COMPLETE
Derogation granted:
Yes
Derogation applies from:
No
Yes with conditions
Derogation valid until:
Notes or conditions on derogation and/or further information required:
Name:
Position:
Signature:
Date:
Form AQT974 AUS-QUAL Organic Program – Derogation Request Form
Issue 12 dated 25/07/2017
Page 2 of 2
Page 2 of 2