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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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(November 5, 2004 State administration of quality supervision, inspection and quarantine promulgated as of April 1, 2005, 67th) Chapter I General provisions article for the promotion of organic production, processing and trade development, specifications of organic product certification activities, improve the quality of organic products and management, protection of the ecological environment, according to the People's Republic of China certification and Accreditation regulations and other relevant laws, administrative laws and regulations, these measures are formulated.
    Article II organic products mentioned in these measures refers to the production, processing and marketing processes in line with national standards for organic products for human consumption and animal feed products.
    Certification of organic products mentioned in these measures refers to certification bodies in accordance with the organic product standards and the regulations on organic production and the process evaluation activities.
    Article in the People's Republic of China engaged in organic product certification activities as well as organic products and production, processing and marketing activities should abide by these measures.
    Fourth national certification and accreditation Administration Committee (hereinafter referred to as CNCA) is responsible for the unified management of the organic product certification activities, comprehensive coordination and supervision.
    Local quality and technical supervision departments and local entry-exit inspection and quarantine institutions (hereinafter referred to as local certification supervision and management departments) according to their respective responsibilities in accordance with the organic product certification activities within the assigned area of supervision and inspection.
    Fifth national uniform certification standards for organic products, rules, harmonizing conformity assessment procedures, uniform standard, unified signs.
    Sixth State in accordance with the principles of equality and international mutual recognition of organic product certification and accreditation.
    Engage in organic product certification agencies (hereinafter referred to as organic product certification agencies) should be according to the CNCA signing mutual recognition of organic product certification Protocol to carry out activities related to mutual recognition.
    Seventh chapter II management of organic product certification agency should be established by law, has the People's Republic of China certification and accreditation regulation of the basic conditions and engage in organic product certification technical ability, and determined by the CNCA authorized institutions (hereinafter AIS) approval, may engage in organic product certification activities.
    Overseas organic product certification agencies in China engaged in organic product certification activities, should be in conformity with the People's Republic of China certification and Accreditation regulations and other relevant laws, administrative regulations and the relevant provisions of these measures.
    Eighth Inspector engaged in organic product certification shall be approved by an authorized institution registered, may engage in organic product certification activities.
    Nineth engage in organic product certification-related origin of (Al-Qaida) environmental monitoring, product sample inspection of institutions (hereinafter referred to as organic product testing agencies) should have the appropriate conditions and capacities, and metrological certification or access to laboratory accreditation.
    Tenth CNCA is consistent with this approach the seventh article of the organic product certification agency approval. CNCA released regularly in accordance with the article seventh and Nineth provides organic certification bodies and organic product testing agencies list.
    Is not within the range listed in the list of certification bodies and inspection bodies shall not engage in organic product certification and testing activities.
    Chapter III certified organic product certification agencies implementing the 11th article of organic product certification shall be based on the national standards for organic products.
    Exports of organic products shall comply with the special requirements of importing countries or regions.
    12th organic product certification agency shall publicize the organic product certification based on standards, certification, basic information such as the norms, rules and standards. 13th of organic production, processing units and individuals or their agents (hereinafter the applicant), you can voluntarily apply to the organic product certification bodies for the certification of organic products. Application Shi, should submitted following written material: (a) applicants name, and address and contact way; (ii) products origin (base) regional range, production, and processing scale; (three) products production, and processing or sales plans; (four) origin (base), and processing or sales places of environment description; (five) meet organic products production, and processing requirements of quality management system file; (six) about professional technology and management personnel of qualification proved material: (seven) guarantee implementation organic products standard, and
    Technical specifications and other special requirements statement (VIII) other materials.
    The applicant is not the direct producers or processors of organic products, should also provide it with organic producers or processors have signed a written contract.
    14th organic product certification agency shall, from the date of receipt of the applicant's written application in the 10th to complete the application material auditing and making admissibility decisions; inadmissible, it shall notify the applicant in writing and state the reasons.
    15th organic product certification agencies to accept the certification of organic products, organic product certification shall, in accordance with the basic specifications, rule procedures implementation of certification activities, ensure the integrity of the certification process for organic products, objective and realistic and to make a complete record of the certification process, archive retention.
    16th organic product certification agency shall, in accordance with the relevant standards or technical specifications certifications and timely conclusion and guarantee objective, true conclusion.
    Organic product certification agency should be responsible for its certification conclusions.
    17th to meet the requirements of organic certification, organic product certification agency shall provide the applicants with product certification, and allow it to use China organic product certification mark; do not meet the certification requirements, and shall notify the applicant in writing and state the reasons.
    18th article in accordance with the national standards for organic products products produced during the conversion period, or products produced during the conversion period for the raw materials and processed products, shall be indicated in the certificate of "conversion" and the conversion period, and China organic conversion product certification marks should be used.
    19th organic product certification agency shall, in accordance with the provisions of the certified units and individuals, certified products for effective checks, ensure the certification conclusion continues to meet certification requirements.
    20th of organic ingredients, organic product certification agency shall not content (refers to weight or volume, excluding water and salt) is less than the 95% processing of certified organic products.
    21st production, processing and marketing of organic products to the units and individuals and the organic product certification agency shall take effective measures, in accordance with certificate number determine the range of products and sales of organic products, and ensure the consistency of production and sales volume of organic products.
    The fourth chapter certification certificate and mark the 22nd CNCA provides organic certification of the basic formats and styles of organic product certification mark.
    23rd article organic products certification certificate should including following content: (a) was card units and personal name, and address; (ii) was card products of number, and origin area and products type; (three) organic products certification of category; (four) according to of standard or technology specification; (five) organic products certification logo of using range, and number, and using form or way; (six) awarded card institutions, and awarded card date, and validity and head signed;
    (VII) in organic products produced during the conversion period the product or products produced during the conversion period for the processing of raw materials, you should indicate the "conversion" and the conversion period.
    24th organic product certification is valid for one year.
    25th article get organic products certification certificate of units or personal, in organic products certification certificate validity within, occurred following case one of of, should to organic products certification institutions handle change procedures: (a) was card units or personal occurred change of: (ii) organic products production, and processing units or personal occurred change of; (three) products type change of; (four) organic products conversion expires, need change of.
    Article 26th units or individuals to obtain organic certification, organic certification within the period of validity of the certificate, one of the following situations occurs, to the organic product certification agency shall reapply for certification: (a) origin (base) and processing sites or change the business activity, and (ii) other unsustainable conformity with organic standards, related technical specifications.
    27th article get organic products certification certificate of units or personal, occurred following case one of of, certification institutions should timely made suspended, and revoked certification certificate of decided: (a) was card products cannot continued meet standard, and technology specification requirements of; (ii) was card units or personal occurred change of; (three) organic products production, and processing units occurred change of; (four) products type and certificate not match of; (five) not by provides added Shi or using organic products logo of.
    For revocation of certificates, organic product certification agency should be withdrawn.
    28th organic product certification marks are divided into China organic product certification marks and China organic conversion product certification markings, pattern, see annex.
    China organic product certification marks are marked with the Chinese China "organic products" words and the corresponding English (ORGANIC). Organic products produced during the conversion period the product or products produced during the conversion period for the processing of raw materials, China organic conversion product certification marks should be used.
    The marking the Chinese "China organic conversion product" and the corresponding English (CONVERSION TO ORGANIC).
    29th organic product certification mark should be in organic product certification limited product range, quantity used.
    The certified unit or individual, should be in accordance with the provisions of the certified product on the packaging or the product of the smallest and organic product certification mark.
    The certified unit or individual can of organic product certification mark printed on certified product labels, brochures and advertising materials, and can zoom in or out, without deformation and discoloration.
    30th in the certified products or add organic product certification mark on products minimal packaging at the same time, mark should be in the adjacent parts of the organic product certification agency logo or corporate names, related graphics or text shall not be greater than the organic product certification mark.
    Article 31st of products without the organic product certification shall not be marked on products or product packaging and labelling "organic products", "conversion to organic products" ("ORGANIC" or "CONVERSION TO ORGANIC") and "clean", "pure", and other words that mislead the public.
    32nd organic ingredient content equal to or higher than 95% products, on product or product packaging and labelling can be labeled "organic".
    Organic ingredient content less than and equal to or higher than 70% 95% product, on product or product packaging and labelling can be labeled "organic ingredient production".
    Products with organic ingredient content below 70%, only in the product ingredient list indicate an ingredient as "organic".
    Organic ingredients should be organic product certification.
    33rd organic product certification agencies in revocation, suspension of decision of the certification of organic products at the same time, shall supervise relevant units or individuals stop using, temporary storage or destruction of organic product certification mark. The fifth chapter, supervision and inspection of the 34th CNCA should organize local certification supervision and management departments and units of organic product certification of organic products and production, processing and marketing activities for the supervision and inspection.
    Supervision check can take following way: (a) Organization peer for comments; (ii) to was certification of enterprise or personal sought views; (three) on certification and the related detection activities and certification decided, and detection results, for checks; (four) requirements engaged in organic products certification and the detection activities of institutions report business situation; (five) on certificate, and logo of using situation for checks; (six) on sales of organic products for check; (seven) accepted certification complaints, and complaints, investigation certification illegal, and violations behavior.
    35th to obtain organic certification of production, processing units or individuals, units or individuals engaged in the sales of organic products, in the production, processing, packaging, transportation, storage and operation process, in accordance with national standards for organic products and the regulations, establish and improve the tracking system and the system of production, processing and marketing of records.
    36th imported organic products should be in line with relevant Chinese laws, administrative regulations and Department rules and regulations, and in conformity with the national standards for organic products.
    37th applicant for organic product certification bodies the certification conclusion or disagrees with the decision, you can complaint to the certification body of the conclusions, decisions and certification body for organic products still have objections, complaints or complaints of the CNCA.
    Sixth chapter penalties article 38th disobey the 20th article, imposed on processed products with organic ingredient content below 95% of organic product certification shall be ordered to correct, and a fine of 20,000 yuan.
    39th in violation of the provisions of article 21st, correction and fines of between 10,000 yuan and 30,000 yuan.
    40th article violates this article 29th, 30th and 31st of the rules shall be ordered to correct, and fines of between 10,000 yuan and 30,000 yuan.
    41st in violation of the provisions of article 32nd, correction and fines of between 10,000 yuan and 30,000 yuan.
    42nd the forgery, fraudulent use, sale, transfer of organic product certification, certification marks or other violations, in accordance with relevant laws, administrative regulations, departmental rules and regulations will be punished.
    Article 43rd organic products organic products certification bodies, inspection bodies, as well as false certification issued by persons engaged in organic product certification activities conclusion or certification issued by the conclusions serious misrepresentation, in accordance with the People's Republic of China certification and Accreditation regulations the sixth chapter shall be punished.
    Seventh chapter supplementary articles article 44th of organic product certification shall in accordance with the relevant State pricing laws and administrative rules and regulations.
    45th article of the approach by the State administration of quality supervision, inspection and quarantine is responsible for the interpretation.

    46th these measures come into force on April 1, 2005.
                                                              Annex: organic product certification symbol 1. China organic product certification mark: (Editor's Note: this original release) 2. China organic conversion product certification mark: (Editor's Note: see this diagram of the original manuscript) organic product certification according to use, 10MM, 15mm, 20mm, 30mm and 60mm five kinds of specifications.