Administrative Measures For The Certification Of Organic Products

Original Language Title: 有机产品认证管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398575.shtml

Administrative measures for the certification of organic products

    (November 15, 2013 State General Administration of quality supervision, inspection and quarantine to 155th, published since April 1, 2014) Chapter I General provisions

    First to protect the consumers, producers and distributors of the legitimate rights and interests, further raising product quality, strengthen the management of organic certification, promotion of eco-environmental protection and sustainable development, in accordance with the People's Republic of China product quality law, the People's Republic of China import and export commodity inspection law and the People's Republic of China certification and Accreditation regulations stipulated by laws and administrative regulations, these measures are formulated.

    Article in the People's Republic of China engaged in organic product certification and certified organic products and production, processing, import and sales activities shall abide by these measures.

Article organic products mentioned in these measures refers to the production, processing and marketing in China's national standards for organic products for human consumption and animal feed products.

    Certification of organic products mentioned in these measures refers to certification in accordance with the regulations, in accordance with the rules of organic product certification, related to the production, processing and marketing activities in line with national standards for organic products in China's conformity assessment activities.

Fourth national certification and accreditation Administration Committee (hereinafter referred to as CNCA) is responsible for the unified management of the national organic product certification, supervision and overall coordination of the work.

    Local quality and technical supervision departments at all levels and local entry-exit inspection and quarantine institutions (hereinafter referred to as local certification supervision sector) in accordance with the Division of responsibilities, legally responsible for organic product certification activities within the assigned area of the supervision and inspection and administrative law enforcement.

Fifth State promotes the unification of organic product certification system, unified authentication directory, unified standards and certification rules, uniform certification mark.

    CNCA is responsible for establishing and adjusting the list of organic product certification, certification rules, and released.

Sixth national accreditation in accordance with the principle of equality and mutual benefit organizations engage in organic product certification of international cooperation.

    International mutual recognition of organic product certification activities shall be conducted within the international cooperation agreements signed in foreign.

    Chapter II certification implementation

Article seventh organic product certification agencies (hereinafter referred to as certification bodies) should be approved by the CNCA, and after obtaining a legal personality under the law, may engage in organic product certification activities.

Certification bodies to implement certification activities shall conform to the relevant product certification requirements of the national standard.

    Inspectors engaged in organic product certification and inspection activities, should be certified by the State registration body after registration, may engage in organic product certification and inspection activities.

Article eighth organic producers, processors (hereinafter referred to as the certification client), you can voluntarily entrust certification body for organic product certification, provided for in the rules of application for organic product certification and submit application materials.

    Certification bodies shall not handle does not meet the requirements of the national organic production environment requirements, as well as the list of organic product certification product certification of the certification client delegate. Nineth certification bodies shall, from the date of receipt of the application materials for the certification client in the 10th, material audit, and make a decision on whether to accept.

Inadmissible, it shall notify the certification client, and explain the reasons.

    Certification body shall conduct inspections over the certification client in the 5th before, will authenticate the client, authentication checking programme submitted to CNCA to determine basic information, such as information systems.

Article tenth certification body accepts authentication request, the accreditation body should be in accordance with the provisions of the rules of application for organic product certification, the certification inspectors conducting on-site inspections of organic production and processing sites, and should be entrusted with the statutory qualification of inspection agencies to apply for certification of the product for inspection.

    In accordance with the provisions of the rules of application for organic product certification, the need for (Al-Qaida) environmental monitoring (test) test, by legally qualified supervisor (detection) survey issued prison (test) test report, or adopting other legal and effective environmental supervision certification client (test) test conclusion.

11th meet the requirements of organic product certification, certification bodies shall be submitted with product certification certificate certification client, allowing it to use China organic product certification mark; do not meet the certification requirements, and shall notify the certification client, and explain the reasons.

    Certification bodies and certified personnel should be responsible for its certification conclusions.

12th certification bodies shall ensure the integrity of the certification process, objective and realistic and to make a complete record of the certification process, archive retention, ensure traceability certification process and results. Product inspection and environmental monitoring (test) institutions should ensure that inspection and monitoring logging conclusion is true, accurate, and make a complete record on the inspection and monitoring process, archive retention.

Product inspection and testing, environmental monitoring body and its personnel shall make the inspection, monitoring the contents and conclusions of the report are responsible for.

    Records retention periods for 5 years under this article.

    13th certification bodies should be in accordance with the rules of application for certification requirements on certified products and their production processes by implementing effective checks to ensure the certification conclusion continues to meet certification requirements.

    14th certification bodies should be with product sales certificate certification client in a timely manner, to ensure that certified products certified organic products sold by seller type, range and quantity of records consistent with certification.

    15th organic ingredient content (weight or volume, excluding water and salt, the same below) equal to or higher than 95% of processed products, shall, after obtaining the certification of organic products, in the product on or in the product packaging and labels marked "organic", and organic product certification mark.

    16th certification bodies shall not be processed products with organic ingredient content below 95% for organic certification.

    Chapter III imports of organic products

17th export organic products to China's country or region authority of organic products, organic products may appeal to the CNCA certification systems equivalence assessment application, CNCA accepted his application, and organize relevant experts to assess the applications submitted.

    Assessment can take document reviews, on-site inspections carried out.

18th export organic products to China's country or region of China organic product certification system and organic product certification systems equivalent, the CNCA can sign the memorandum with the authorities.

    The country or region where organic products exported to China, in accordance with the relevant provisions of the memorandum of implementation and management.

    Article 19th and CNCA organic product certification systems equivalence sign the memorandum States or imports of the areas, to be used as organic product exports to China, China shall comply with the organic products regulations and the requirements of the national standards for organic products in China.

    20th need to obtain organic certification in China import product manufacturers, distributors, importers and agents (hereinafter referred to as organic product certification clients), should be approved by the National Accreditation Commission for accreditation of certification bodies. 21st imported organic products certification client should be in accordance with the provisions of the rules of application for organic product certification, application information and documents related to the certification bodies, including applications, questionnaires, process technology, product formulation and production, inputs that are used in the processing of certification applications, documents, should be submitted simultaneously to the Chinese version.

Application does not meet the requirements, the accreditation body shall not be entertained by their certification Commission.

    Certification bodies engage in organic product certification activities shall be consistent with this approach and implementation rules for organic product certification requirements, certification inspection records and inspection reports should be English version.

    22nd when the Declaration of entry inspection and quarantine of imported organic products, should be submitted to the China organic product certification certificate, organic sales certificate, certification marks and product identification and other documents. 23rd local entry-exit inspection and quarantine authorities should declare the entry of imported organic products, copies of inspection certificates, sales of organic products certificate, certification marks and product identification and other documents, the checking line card.

Do not match, it may not be organic goods.

    If necessary, the entry-exit inspection and quarantine institutions can exercise supervision on declared imports of organic products sample inspection to verify their product quality in line with the requirements of the national standards for organic products in China.

Article 24th of organic product certification client certificate within 30th, certification bodies to CNCA shall submit the following documentation:

(A) the type, range and volume of certified products;

(B) imports of organic products certification client's name, address and contact information;

(C) certified products manufacturer, importer's name, address and contact information;

(D) the certificate and a copy of the inspection report (Chinese version);

    (V) other materials stipulated by CNCA.

    The fourth chapter certification and marks

    25th CNCA is responsible for the development of organic products certification for basic formatting, numbering rules and certification specifications, number sequences.

    26th certification is valid for 1 year.

27th certification shall include the following:

(A) certification client's name and address;

(B) producers, processors and producer of certified products (base) name and address;

(C) the number of certified products, country of origin (base) area and type of product;

(D) certification classes;

(E) according to national standards or technical specifications;

    (F) the certification body name and its signature, the date of issue, period of validity. 28th the certified product certification within the period of validity of the certificate, any of the following circumstances, the certification client should apply to the accreditation body in the 15th.

Certification bodies shall, from the date of receipt of the certificate request in the 30th, and to change the authentication certificate:

(A) certified by the principal or the organic production, processing unit name, or changes the nature of the legal person;

(B) reducing the number of product categories and;

    (C) other circumstances that need to change the certificate.

29th under any of the following circumstances, the accreditation body shall be cancellation of certification in the 30th, and published:

(A) the expiry date of the certificate, without applying for extended use;

(B) the certified product is no longer in production;
(C) certification client applying for cancellation of the certified products;

(D) other situations that require cancellation of certification.

30th under any of the following circumstances, the accreditation body shall suspend the certificate within the 15th, certification was suspended for a period of 1-3 months, and published:

(A) failing to use certificates or marks;

(B) certified products in production, processing and marketing activities, or do not meet the certification requirements of the management system and accredited institution assessment during the pause period can take effective corrective or corrective measures;

    (C) other circumstances that need to suspend the certificate.

31st under any of the following circumstances, the accreditation body should revoke certificates in the 7th, and published:

(A) the certified product quality in line with the relevant State regulations, standards or mandatory national standards for organic products was detected of banned substances;

(B) certified products using the national standards for organic products in the production and processing activities of prohibited substances or contaminated with prohibited substances;

(C) the certified product certification clients overstate, conceal information required for certification;

(D) certification client exceeding the scope of the certified products using the certification mark;

(E) the certification of the origin of a product (base) do not meet the certification requirements of environmental quality;

(Vi) certified products in production, processing and marketing activities, or do not meet the certification requirements of the management system and authentication certificate during the suspension, did not take effective corrective or corrective measures;

(VII) the certified product certification mark of production and processing sites outside the processing, packaging, again split;

(H) the certified product certification client related complaints and does have failed to take effective measures of the problem;

(I) the certified product certification client engage in organic product certification activities were in breach of national agricultural products, food safety, management of related laws and regulations, subject to administrative penalties;

(J) the certification client refuses to accept the certification of certified products regulatory or accreditation body for supervision of its implementation;

    (11) other situations that require revocation of certification.

32nd organic product certification symbol for China organic product certification mark. China organic product certification marks are marked with the Chinese China "organic product" and English "ORGANIC".

    Patterns are as follows: (picture, text)

Article 33rd China organic product certification logo should be on the certificate of qualified product categories, within the scope and volume of use.

    Certification bodies shall, according to the CNCA uniform numbering rules, each uniquely numbered certification mark (hereinafter referred to as the organic code), and to adopt effective security, tracing technology, and ensure that they correspond to each certification mark can be traced to its certification and certified products and its production, processing units.

Article 34th certification client certified products should be certified products the minimum sale or product packaging, add China organic product certification mark, the organic codes and certification authority name.

    Certified product labels, brochures and advertising materials may be printed on China organic product certification mark, and can zoom in or out, without deformation and discoloration.

35th under any of the following circumstances, any unit or individual is allowed to minimum sales, product packaging and marking on the label "organic", "ORGANIC", the words "and may mislead the public think that the terms used in our products are organic products and patterns:

(A) without the certification of organic products;

    (B) the certified product certification mark of production and processing sites outside the processing, packaging, again separated.

    Article 36th certification during the suspension, certified product certification principal shall suspend the use of certificates and marks; after the cancellation, revocation of certification, the certification client should be returned to the certification bodies certification certificate and the certification mark is not used.

    Supervision and administration of the fifth chapter

    37th CNCA certification organization of organic products inspection and occasional special supervision and inspection.

Article 38th local certification authorities shall, according to their respective functions, in accordance with the areas of organic product certification activities carried out supervision and inspection, and certified organic products and production, processing and marketing activities in violation of.

Entry-exit inspection and quarantine authorities are responsible for the foreign certification bodies, import certification and marketing of organic products, as well as exports of organic product certification, production, processing and marketing activities for the supervision and inspection.

    Local quality and technical supervision departments at all levels are responsible for the Chinese certification bodies, in the territory of production processing and organic products sold in certification, supervision and inspection of the production, processing and marketing activities.

39th local certification supervision by regulators include:

(A) for organic product certification activities in line with this approach and the supervision and inspection of the implementation rules for organic product certification;

(B) supervision of the certified products;

(C) for the certified product certification, production, processing, import and sales unit of supervision and inspection;

(D) the supervision and inspection of organic product certification, certification marks;

(E) certification for organic products advisory activities in line with the relevant provisions of the supervision and inspection;

(F) investigations of organic product certification and certification advisory activities report;

    (G) investigate and punish for violations.

40th national accreditation through the information system, regularly publish the organic product certification information.

Before the certificate issued by the certification body in, should submit information in a timely manner according to the requirements of organic product certification information, and obtain a certification number.

Certification bodies accreditation mark, certification mark, the organic code of the relevant information should be uploaded to the information system.

    Local certification supervision departments through information systems, according to the certification of the certification bodies to submit and upload information on the organic product certification activities carried out in the area of supervision and inspection.

    41st certified product certification client and organic product sales of units and individuals, in the production, processing, packaging, storage, transportation and sale process, should establish and improve the product quality and safety traceability system and system of production, processing and marketing of records.

    42nd article organic products sales units and personal in procurement, and storage, and transport, and sales organic products of activities in the, should meet organic products national standards of provides, guarantee sales of organic products category, and range and number and sales card in the of products category, and range and number consistent, and can provides and original content consistent of certification certificate and organic products sales card of copies, for related administrative regulatory sector or consumers query.

    43rd certification issued by regulators according to the relevant departments of the State animal and plant epidemics, environmental pollution risk information, as well as supervision and inspection, reporting, media reflects the situation of consumer complaints, timely release of organic product certification, the certified product and the certification client risk early warning information, certification body accreditation, and response measures.

    44th certified product certification client provides false information, illegal use of prohibited substances, beyond using certified organic logo or product quality and safety accident occurs, certification body is inadmissible within 5 years the company and its production base of organic product certification and processing sites delegate.

    Article 45th certification client certification bodies the certification conclusion or disagrees with the decision, can appeal to the certification body, disagrees with the conclusion of the certification body, you can appeal to CNCA. 46th no units and individuals in violation of organic product certification activities, you can report to CNCA or local certification supervision departments.

    CNCA certification, local regulators should promptly investigate and deal with, and the informer confidential.

    Chapter Sixth penalty

    47th forgery, fraudulent use, illegal sale of certification marks, certification authorities, in accordance with the People's Republic of China product quality law and the People's Republic of China import and export commodity inspection Act and its regulations, laws and administrative regulations are punishable.

48th forged, altered, fraudulent, illegal trade, transfer, alter certification, local certification supervision Department ordered corrective action and fine of 30,000 yuan.

    Violation of the provisions of the second paragraph of this article 40th, certificate issued by a certification agency in the compiled on accreditation certificate number, as a false certification.

    49th in violation of the provisions of the second paragraph of this article eighth, the accreditation body does not meet the requirements of the national organic production environment requires regional list of organic product certification or product certification certificate issued by the client, ordered corrective action and 30,000 yuan fines has illegally obtained, confiscation of illicit proceeds.

    50th in violation of the provisions of this article 35th, marking on the product or product packaging and labelling contains "organic", "ORGANIC", the words "and likely to mislead the public that the products as organic products text and patterns, local certification supervision Department ordered corrective action and fines of between 30,000 yuan.

51st certification body has any of the following circumstances, CNCA shall be ordered to correct, with a warning and released:

(A) in accordance with the provisions of the second paragraph of this article 40th, the organic product certification logo, organic upload code to the CNCA determine information system;

(B) not in accordance with the provisions of the second paragraph of this article Nineth, submission to CNCA determine information system certification information or submitted false information;

    (C) fails to comply with the provisions of article 24th of this approach, and related material for the record submitted to the CNCA.

    52nd in violation of the provisions of this article 14th, organic product sales permit number issued by the certification bodies, than the certified product certification by the principal production and actual number of processed organic products, correction, fines of between 10,000 yuan and 30,000 yuan.

    53rd in violation of provisions of the present article 16th, certification bodies for products with organic ingredient content below 95% for organic certification, local certification supervision Department ordered corrective action and fines of between 30,000 yuan.

    54th certification agencies in violation of the provisions of article 30th, 31st, and is not suspended or revoked certificate in a timely manner and made public, in accordance with the People's Republic of China certification and accreditation 60th of the provisions of the Ordinance.
55th certification client one of the following circumstances, certified by the local regulator ordered corrective action and fines of between 10,000 yuan and 30,000 Yuan:

(A) without the organic product certification of products, in violation of the provisions of article 15th, the certification labels for organic products;

(B) these measures are not in accordance with the article 33rd, 34th section using the certification mark;

    (C) after the period of the suspension or cancellation, revocation of certification, still continue to use certificates and marks.

    56th certification, certified product certification client refuses to accept the CNCA regulators or local certification supervision and inspection, rectification; fails to mend, and fines of between 30,000 yuan.

    57th at the entry inspection and quarantine of imported organic products, does not provide the real situation of imported organic products, access to entry-exit inspection and quarantine authorities of the relevant certificates, or no inspection for legal inspection of organic products, avoiding testing, the entry-exit inspection and quarantine administration, in accordance with the People's Republic of China import and export commodity inspection inspection of 46th of the implementation of the law shall be punished.

    Article 58th of organic product certification activities other offences, in accordance with the relevant provisions of laws and administrative regulations, departmental rules.

    The seventh chapter by-laws

    59th price of organic product certification shall, in accordance with the relevant State laws and administrative rules and regulations.

    60th export organic products shall meet the requirements of importing countries or regions.

    Article 61st of organic ingredients in these measures refers to use in manufacturing or processing organic products and (including modified forms) of any substance in the product, including additives.

    62nd article of the approach by the State administration of quality supervision, inspection and quarantine is responsible for the interpretation. 63rd these measures come into force on April 1, 2014. AQSIQ announced on November 5, 2004 the administrative measures for certification of organic products (AQSIQ 67th) repealed simultaneously.