የኦርጋኒክ ምርት የምስክር ወረቀት አስተዳደር እርምጃዎች

Chapter I General Provisions文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 1 These Measures are formulated in accordance with the provisions of the Regulations of the People's Republic of China on Certification and Accreditation and other relevant laws and administrative regulations, for the purposes of promoting the development of the production, processing and trade of organic products, regulating organic product certification activities, improving the quality and management level of organic products, and protecting the ecological environment.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 2 For the purposes of these Measures, "organic products" means products for human consumption or animal feeding, the production, processing and sales processes of which comply with the national standards for organic products.文章源自FOFCC-http://fofcc.org.cn/am/11222/

For the purposes of these Measures, "organic product certification" means the activities of certification bodies in evaluating the production and processing processes of organic products in accordance with the national standards for organic products and the provisions of these Measures.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 3 Anyone engaging in organic product certification activities and the production, processing and sales of organic products within the territory of the People's Republic of China shall comply with these Measures.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 4 The Certification and Accreditation Administration of the People's Republic of China (hereinafter referred to as the CNCA) shall be responsible for the unified management, comprehensive coordination and supervision of organic product certification activities.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Local quality and technical supervision departments and local entry-exit inspection and quarantine institutions (hereinafter collectively referred to as local certification and supervision and administration departments) shall, in accordance with their respective duties and according to law, conduct supervision and inspection of organic product certification activities within their respective jurisdictions.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 5 The State shall formulate unified basic norms and rules for organic product certification, unified conformity assessment procedures, unified standards and unified marks.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 6 The State shall carry out international mutual recognition of organic product certification and accreditation in accordance with the principle of equality and mutual benefit.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Institutions engaging in organic product certification (hereinafter referred to as organic product certification bodies) shall carry out relevant mutual recognition activities in accordance with the organic product certification mutual recognition agreements signed by the CNCA with foreign parties.文章源自FOFCC-http://fofcc.org.cn/am/11222/

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Chapter II Institutional Management文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 7 An organic product certification body shall be established according to law, possess the basic conditions stipulated in the Regulations of the People's Republic of China on Certification and Accreditation and the technical capability to engage in organic product certification, and may engage in organic product certification activities only after obtaining accreditation from an accreditation body determined by the CNCA (hereinafter referred to as an accreditation body).文章源自FOFCC-http://fofcc.org.cn/am/11222/

Where an overseas organic product certification body conducts organic product certification activities within China, it shall comply with the Regulations of the People's Republic of China on Certification and Accreditation, other relevant laws and administrative regulations, and the relevant provisions of these Measures.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 8 Inspectors engaging in organic product certification shall, after being registered by an accreditation body, be permitted to engage in organic product certification activities.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 9 Institutions engaging in environmental testing of production areas (bases) and testing of product samples related to organic product certification (hereinafter referred to as organic product testing institutions) shall possess the corresponding testing conditions and capabilities, and shall have passed metrological certification or obtained laboratory accreditation.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 10 The CNCA shall approve organic product certification bodies that comply with the provisions of Article 7 of these Measures.文章源自FOFCC-http://fofcc.org.cn/am/11222/

The CNCA shall periodically publish the directory of organic product certification bodies and organic product testing institutions that comply with the provisions of Articles 7 and 9 of these Measures. Certification bodies and product testing institutions not listed in the directory shall not engage in organic product certification and related testing activities.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Chapter III Implementation of Certification文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 11 An organic product certification body shall, when implementing organic product certification, base its work on the national standards for organic products.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Exported organic products shall comply with the special requirements of the importing country or region.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 12 An organic product certification body shall publicly disclose information such as the standards on which organic product certification is based, the basic certification norms, rules and fee standards.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 13 Units and individuals engaged in the production and processing of organic products or their agents (hereinafter collectively referred to as applicants) may voluntarily submit applications for organic product certification to an organic product certification body. When applying, the following written materials shall be submitted:文章源自FOFCC-http://fofcc.org.cn/am/11222/

(1) the name, address and contact information of the applicant;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(2) the regional scope of the product production area (base), and the scale of production and processing;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(3) the production, processing or sales plan for the products;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(4) an environmental description of the production area (base), processing or sales premises;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(5) quality management system documents that meet the requirements for organic product production and processing;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(6) supporting materials demonstrating the qualifications of relevant professional and technical personnel and management personnel;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(7) a declaration guaranteeing compliance with organic product standards, technical specifications and other special requirements;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(8) other materials.文章源自FOFCC-http://fofcc.org.cn/am/11222/

If the applicant is not the direct producer or processor of the organic products, it shall also provide a written contract signed with the producer or processor of the organic products.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 14 An organic product certification body shall, within 10 days from the date of receipt of the applicant's written application, complete the review of the application materials and make a decision on whether to accept it; if it decides not to accept it, it shall notify the applicant in writing and explain the reasons.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 15 After accepting an organic product certification, an organic product certification body shall implement certification activities in accordance with the procedures stipulated in the basic norms and rules for organic product certification, ensure the completeness, objectivity and authenticity of processes such as organic product certification, and make complete records of the certification process and keep them on file.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 16 An organic product certification body shall promptly make a certification conclusion in accordance with relevant standards or technical specifications, and ensure that the certification conclusion is objective and authentic.文章源自FOFCC-http://fofcc.org.cn/am/11222/

An organic product certification body shall be responsible for the certification conclusions it makes.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 17 For products that meet the requirements of organic product certification, the organic product certification body shall issue an organic product certification certificate to the applicant and permit the applicant to use the China organic product certification mark; for products that do not meet the certification requirements, it shall notify the applicant in writing and explain the reasons.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 18 For products produced during the conversion period in accordance with the national standards for organic products, or processed products using products produced during the conversion period as raw materials, the certificate shall indicate the word “conversion” and the conversion period, and the China organic conversion product certification mark shall be used.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 19 An organic product certification body shall, in accordance with regulations, conduct effective follow-up inspections of certified units and individuals and certified products, to ensure that the certification conclusions can continuously meet the certification requirements.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 20 An organic product certification body shall not conduct organic certification for processed products with an organic ingredient content (referring to weight or liquid volume, excluding water and salt) of less than 95%.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 21 Units and individuals producing, processing and selling organic products and organic product certification bodies shall take effective measures to sell organic products in accordance with the product scope and quantity determined by the certification certificate, and ensure consistency between the production and sales quantities of organic products.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Chapter IV Certification Certificates and Marks文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 22 The CNCA shall prescribe the basic format of organic product certification certificates and the design of the organic product certification mark.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 23 An organic product certification certificate shall include the following contents:文章源自FOFCC-http://fofcc.org.cn/am/11222/

(1) the name and address of the certified unit or individual;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(2) the quantity of certified products, the area of the production area and the product categories;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(3) the category of organic product certification;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(4) the standards or technical specifications on which it is based;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(5) the scope of use, quantity, and form or method of use of the organic product certification mark;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(6) the issuing body, date of issuance, period of validity and signature of the person in charge;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(7) for products produced during the organic product conversion period or processed products using products produced during the conversion period as raw materials, the word “conversion” and the conversion period shall be indicated.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 24 The period of validity of an organic product certification certificate shall be one year.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 25 If any of the following circumstances occurs with respect to a unit or individual that has obtained an organic product certification certificate during the validity period of the organic product certification certificate, it shall undergo modification procedures with the organic product certification body:文章源自FOFCC-http://fofcc.org.cn/am/11222/

(1) The certified unit or individual has changed;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(2) The organic product production or processing unit or individual has changed;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(3) The product category has changed;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(4) The organic product conversion period has expired and modification is required.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 26 If any of the following circumstances occurs with respect to a unit or individual that has obtained an organic product certification certificate during the validity period of the organic product certification certificate, it shall reapply for certification with the organic product certification body:文章源自FOFCC-http://fofcc.org.cn/am/11222/

(1) The place of origin (base), processing site, or business activities have changed;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(2) Other circumstances in which it cannot continuously comply with organic product standards and relevant technical specification requirements.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 27 If any of the following circumstances occurs with respect to a unit or individual that has obtained an organic product certification certificate, the certification body shall promptly make a decision to suspend or revoke the certification certificate:文章源自FOFCC-http://fofcc.org.cn/am/11222/

(1) The certified product cannot continuously comply with standards and technical specification requirements;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(2) The certified unit or individual has changed;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(3) The organic product production or processing unit has changed;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(4) The product category does not conform to the certificate;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(5) The organic product mark has not been applied or used in accordance with regulations.文章源自FOFCC-http://fofcc.org.cn/am/11222/

For revoked certificates, the organic product certification body shall recover them.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 28 The organic product certification marks are divided into the China Organic Product Certification Mark and the China Organic Conversion Product Certification Mark, with designs as shown in the annex.文章源自FOFCC-http://fofcc.org.cn/am/11222/

The China Organic Product Certification Mark bears the Chinese words “中国有机产品” and the corresponding English word (ORGANIC).文章源自FOFCC-http://fofcc.org.cn/am/11222/

Products produced during the organic product conversion period, or processed products made from products produced during the conversion period, shall use the China Organic Conversion Product Certification Mark. This mark bears the Chinese words “中国有机转换产品” and the corresponding English words (CONVERSION TO ORGANIC).文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 29 The organic product certification mark shall be used within the product scope and quantity specified in the organic product certification certificate.文章源自FOFCC-http://fofcc.org.cn/am/11222/

The certified unit or individual shall, in accordance with regulations, apply the organic product certification mark to the certified product or the smallest package of the product.文章源自FOFCC-http://fofcc.org.cn/am/11222/

The certified unit or individual may print the organic product certification mark on the labels, instructions, and advertising materials of the certified product, and may enlarge or reduce it proportionally, but it shall not be deformed or changed in color.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 30 When applying the organic product certification mark to the certified product or the smallest package of the product, the logo or name of the organic product certification body shall be marked in an adjacent position, and the relevant design or text shall not be larger than the organic product certification mark.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 31 Products that have not obtained organic product certification shall not bear on the product or product packaging and labels the words “有机产品”, “有机转换产品” (“ORGANIC”, “CONVERSION TO ORGANIC”), or other misleading expressions such as “无污染” and “纯天然”.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 32 Processed products with an organic ingredient content equal to or higher than 95% may bear the word “有机” on the product or product packaging and labels.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Processed products with an organic ingredient content lower than 95% and equal to or higher than 70% may bear the words “有机配料生产” on the product or product packaging and labels.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Processed products with an organic ingredient content lower than 70% may only indicate in the product ingredient list that a certain ingredient is “有机”.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Organic ingredients shall have obtained organic product certification.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 33 When an organic product certification body makes a decision to revoke or suspend the use of an organic product certification certificate, it shall supervise the relevant unit or individual to stop using, temporarily seal up, or destroy the organic product certification mark.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Chapter V Supervision and Inspection文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 34 The Certification and Accreditation Administration of the People's Republic of China shall organize local certification supervision and administration departments and relevant units to conduct supervision and inspection over organic product certification and the production, processing, and sales activities of organic products. Supervision and inspection may adopt the following methods:文章源自FOFCC-http://fofcc.org.cn/am/11222/

(1) Organizing peer review;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(2) Soliciting opinions from certified enterprises or individuals;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(3) Conducting spot checks on certification and related testing activities, as well as their certification decisions and testing results;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(4) Requiring institutions engaged in organic product certification and testing activities to report their business operations;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(5) Conducting spot checks on the use of certificates and marks;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(6) Inspecting organic products offered for sale;文章源自FOFCC-http://fofcc.org.cn/am/11222/

(7) Accepting certification complaints and appeals, and investigating and handling illegal and non-compliant certification acts.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 35 Production and processing units or individuals that have obtained organic product certification, and units or individuals engaged in the sale of organic products, shall, in the processes of production, processing, packaging, transportation, storage, and operation, establish a complete traceability inspection system and a record-keeping system for production, processing, and sales in accordance with the national standards for organic products and the provisions of these Measures.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 36 Imported organic products shall comply with the provisions of relevant Chinese laws, administrative regulations, and departmental rules, and shall comply with the national standards for organic products.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 37 If an applicant has objections to the certification conclusion or handling decision of an organic product certification body, it may file an appeal with the certification body that made the conclusion or decision. If it still has objections to the handling conclusion of the organic product certification body, it may appeal or complain to the Certification and Accreditation Administration of the People's Republic of China.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Chapter VI Penalty Provisions文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 38 Whoever, in violation of Article 20 of these Measures, implements organic product certification for processed products with an organic ingredient content lower than 95% shall be ordered to make corrections and shall also be fined 20,000 yuan.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 39 Whoever violates Article 21 of these Measures shall be ordered to make corrections and shall also be fined not less than 10,000 yuan but not more than 30,000 yuan.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 40 Whoever violates Articles 29, 30, and 31 of these Measures shall be ordered to make corrections and shall also be fined not less than 10,000 yuan but not more than 30,000 yuan.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 41 Whoever violates Article 32 of these Measures shall be ordered to make corrections and shall also be fined not less than 10,000 yuan but not more than 30,000 yuan.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 42 Other illegal acts such as forging, fraudulently using, buying and selling, or transferring organic product certification certificates or certification marks shall be punished in accordance with the provisions of relevant laws, administrative regulations, and departmental rules.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 43 If an organic product certification body, an organic product testing institution, or personnel engaged in organic product certification activities issue false certification conclusions or issue certification conclusions that are seriously inconsistent with the facts, they shall be punished in accordance with the provisions of Chapter VI of the Regulations of the People's Republic of China on Certification and Accreditation.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Chapter VII Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 44 Fees for organic product certification shall be charged in accordance with the provisions of relevant national price laws and administrative regulations.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 45 These Measures shall be interpreted by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China.文章源自FOFCC-http://fofcc.org.cn/am/11222/

Article 46 These Measures shall come into force as of April 1, 2005.文章源自FOFCC-http://fofcc.org.cn/am/11222/