Geographical Indications Of Agricultural Products Management

Original Language Title: 农产品地理标志管理办法

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(December 25, 2007 Ministry of agriculture promulgated as of February 1, 2008, 11th) Chapter I General provisions article to regulate the use of geographical indications of agricultural products and ensure the quality of geographical indications of agricultural products and features to enhance the market competitiveness of agricultural products, according to the People's Republic of China agriculture law and the People's Republic of China agricultural product quality safety-related provisions of the law, these measures are formulated.
    II agricultural products mentioned in these measures refers to the primary products from agriculture, that is obtained in the agricultural activities of plants, animals, micro-organisms and their products.
    Geographical indications of agricultural products mentioned in these measures refers to signs, derived from specific geographic areas, product quality and characteristics depend mainly on natural ecological environment and historical and cultural factors, and sign to use geographical names of specific agricultural products. Third countries to introduce a registration system for geographical indications of agricultural products.
    The registration of geographical indications of agricultural products are protected by law.
    The fourth Ministry of agriculture is responsible for the national registration of geographical indications of agricultural products, the Ministry of agriculture is responsible for the registration of geographical indications of agricultural products quality safety of agricultural products Center reviews and expert reviews.
    Provincial departments of agriculture administration is responsible for the registration of geographical indications of agricultural products within the administrative area to receive and trial work. Registration of geographical indications of agricultural products Expert Committee established by the Ministry of agriculture, responsible for the specialists in the field.
    Registration of geographical indications of agricultural products the expert jury made up of farming, animal husbandry, fishery and agricultural product quality and safety experts. Article fifth register of geographical indications of agricultural products are free of charge.
    Departments of people's Governments above the county level agricultural administration overheads of geographical indications of agricultural products should be included in the annual budget.
    Sixth administrative departments of local people's Governments at or above the county level shall agriculture of geographical indications of agricultural products should be protected and incorporated into the region's agricultural and rural economic development plan, and in terms of policy, funding and other support.
    Countries have encouraged the development of society involved in the promotion of geographical indications of agricultural products.
    Second chapter registration seventh article application geographic logo registration of agricultural, should meet following conditions: (a) title by geographic regional name and agricultural general name constitute; (ii) products has unique of quality characteristics or specific of production; (three) products quality and features main depends on unique of natural ecological environment and Humanities History factors; (four) products has qualified of production regional range; (five) origin environment, and products quality meet national mandatory technology specification requirements.
    Article eighth of geographical indications of agricultural products registered for the local people's Governments at or above the county level in accordance with the following criteria and optimize the farmers ' professional cooperative economic organizations, trade associations and other organizations.
    (A) has the ability to oversight and management of geographical indications of agricultural products and its products, (ii) for geographical indications agricultural production, processing and marketing capacity to deliver guidance services, and (iii) has the ability to bear civil liabilities independently.
    Ninth article meet agricultural geographic logo registration conditions of applicants, can to provincial government agricultural administrative competent sector proposed registration application, and submitted following application material: (a) registration applications; (ii) applicants qualification proved; (three) products typical features characteristics description and corresponding products quality identification report; (four) origin environment conditions, and production technology specification and products quality security technology specification; (five) geographical range determine sex file and production geographical distribution figure; (six) products real samples or samples pictures;
    (VII) other necessary explanatory or supporting materials. Tenth provincial departments of agriculture administration from the date of accepting an application for registration of geographical indications of agricultural products, shall, within 45 working days to complete the application materials and on-site verification in the first instance, and to set out its preliminary comments.
    Meet the requirements, application materials and preliminary review opinions submitted to the Ministry of agriculture agricultural product quality and safety Center; does not meet the criteria, should be submitted in the first instance within 10 working days from the date the relevant observations and recommendations informed the applicant.
    11th Ministry of agriculture agricultural product quality and safety Center shall be the receipt of the application materials and opinions within 20 working days from the date of first instance, to review the application materials, review comments, and the Organization of expert review. Expert review by the registration of geographical indications of agricultural products Review Committee.
    Registration of geographical indications of agricultural products Expert Committee should be an independent review concluded, and responsible for the assessment conclusions.
    12th pass peer review by experts, by the Ministry of agriculture on behalf of the Ministry of Agriculture of quality and safety of agricultural products to the public. Disagrees with the relevant units and individuals shall be from the date of publication as submitted to the Ministry of agriculture agricultural product quality and safety Center in the 20th.
    Publicity without objection, registered by the Ministry of Agriculture made a decision and announcement, issued the People's Republic of China agricultural products of geographical indication registration certificate, published register product-related technical norms and standards.
    Specialists in the field did not pass, by the Ministry of agriculture to make registration decisions, and notify the applicant in writing and state the reasons.
    The 13th long-term effective certificate of registration of geographical indications of agricultural products.
    Any of the following circumstances, registration certificate holder shall, in accordance with the prescribed procedures for revising the request: (a) changes in registration certificate holders or legal representative; (ii) geographical scope or the natural eco-environment change. 14th introduction of geographical indications of agricultural products in public and geographical name combined with the tagging system. Public logo motif see photos.
    Use of geographical indications of agricultural products by the Ministry of Agriculture announced separately.
    Third chapter logo using 15th article meet following conditions of units and personal, can to registration certificate holding was application using agricultural geographic logo: (a) production business of agricultural produced since registration determine of geographical range; (ii) has made registration agricultural related of production business qualification; (three) can strictly according to provides of quality technology specification organization carried out production business activities; (four) has geographic logo agricultural market development business capacity.
    Use of geographical indications of agricultural products, production and management shall, in accordance with signed with the holder of a certificate of registration of geographical indications of agricultural products agreement, set out in the agreement to use quantity, scope and related duties.
    Holder of the certificate of registration of geographical indications of agricultural products are not allowed to charge fee to the use of geographical indications of agricultural products.
    16th use of geographical indications of agricultural products enjoys the following rights: (a) the geographical indications of agricultural products can be used on products and their packaging, (ii) may use the registration of geographical indications of agricultural products promotion and participation in exhibitions, shows and exhibitions.
    17th use of geographical indications of agricultural products shall comply with the following obligations: (a) consciously accept the supervision and inspection of the holder of the registration certificate, (ii) ensure the quality of geographical indications of agricultural products and reputation; (c) correctly use of geographical indications of agricultural products.
    Supervision and administration of the fourth chapter 18th agriculture administration departments at or above the county level shall strengthen the supervision and administration of geographical indications of agricultural products, on the registration of geographical indications of agricultural products on a regular basis the geographical scope of, signs used for supervision and inspection.
    Registration of geographical indications of agricultural products or the registration certificate holder does not comply with the article seventh and eighth article, by the cancellation of its certificate of registration of geographical indications and the Ministry of Agriculture announced. 19th of geographical indications of agricultural products production operator, quality control system should be established.
    Holder of the certificate of registration of geographical indications of agricultural products and logo use, responsible for geographical indications of agricultural products quality and credibility.
    20th no unit and individual shall forge, fraudulent use of geographical indications of agricultural products and registration certificate.
    21st State shall encourage units and individuals to take supervision of geographical indications of agricultural products.
    22nd engaged in the registration of geographical indications of agricultural products management and supervision and inspection personnel who abuse their powers, neglect their duties, engages, shall be subject to punishment; a suspected crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.
    23rd violates these rules, the people's Governments above the county level of agricultural administrative departments in accordance with the People's Republic of China agricultural products quality safety law, relevant provisions of.
    Fifth chapter supplementary articles article 24th Ministry to accept foreign geographical indications of agricultural products in People's Republic of China registration and protection, specific measures shall be prescribed separately.

    25th article of the rules take effect on February 1, 2008.
        Photo: public base pattern (Editor's Note: graphics here see original)

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