የኦርጋኒክ ምርት የምስክር ወረቀት አስተዳደር እርምጃዎች文章源自FOFCC-http://fofcc.org.cn/am/11397/
(Draft for Comments)文章源自FOFCC-http://fofcc.org.cn/am/11397/
Chapter I General Provisions文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 1 (Legislative Purpose and Basis) These Measures are formulated in accordance with the provisions of the Product Quality Law of the People's Republic of China, the Law of the People's Republic of China on Import and Export Commodity Inspection and its Implementing Regulations, the Regulations of the People's Republic of China on Certification and Accreditation, and other laws and administrative regulations, for the purposes of promoting the development of organic product production, processing and trade, strengthening the administration of organic product certification, safeguarding the lawful rights and interests of producers, sellers and consumers, and promoting ecological environmental protection and sustainable development.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 2 (Relevant Definitions) For the purposes of these Measures, "organic products" means products for human consumption or animal feeding whose production, processing and sales activities conform to the national standards for organic products of China.文章源自FOFCC-http://fofcc.org.cn/am/11397/
For the purposes of these Measures, "organic product certification" means conformity assessment activities carried out by certification bodies in accordance with the provisions of these Measures and the implementation rules for organic product certification to certify that the production, processing and sales activities of the relevant products conform to the national standards for organic products of China.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 3 (Scope of Application) These Measures shall apply to activities involving organic product certification and the production, processing, import and sale of certified organic products within the territory of the People's Republic of China.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 4 (Administrative System) The Certification and Accreditation Administration of the People's Republic of China (hereinafter referred to as the CNCA) shall be responsible for the unified administration, supervision and comprehensive coordination of organic product certification nationwide.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Local quality and technical supervision departments at all levels and local entry-exit inspection and quarantine institutions (hereinafter collectively referred to as local certification regulatory authorities) shall, in accordance with the division of duties, be responsible for the supervision, inspection and law enforcement investigation and handling of organic product certification activities within their respective jurisdictions in accordance with the law.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 5 (Unified System) The State shall implement a unified organic product certification system, with a unified certification catalogue, unified standards and certification implementation rules, and a unified certification mark.文章源自FOFCC-http://fofcc.org.cn/am/11397/
The CNCA shall be responsible for formulating and adjusting the organic product certification catalogue and certification implementation rules, and shall publish them to the public.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 6 (International Cooperation and Mutual Recognition) The CNCA shall organize and carry out international cooperation on organic product certification in accordance with the principle of equality and mutual benefit.文章源自FOFCC-http://fofcc.org.cn/am/11397/
International mutual recognition activities for organic product certification shall be conducted within the framework of international cooperation agreements signed by the CNCA with foreign counterparts.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Chapter II Implementation of Certification文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 7 (Requirements for Certification Bodies and Personnel) An organic product certification body (hereinafter referred to as a certification body) shall be approved by the CNCA and shall obtain legal person status in accordance with the law before it may engage in organic product certification activities.文章源自FOFCC-http://fofcc.org.cn/am/11397/
The capability of a certification body to carry out certification activities shall conform to the requirements of the relevant national standards for product certification bodies.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Inspectors engaged in organic product certification inspection activities shall be registered with the national certification personnel registration body before they may engage in organic product certification inspection activities.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 8 (Certification Entrustment) Producers and processors of organic products (hereinafter collectively referred to as certification clients) may voluntarily entrust a certification body to conduct organic product certification and shall submit the application materials specified in the implementation rules for organic product certification.文章源自FOFCC-http://fofcc.org.cn/am/11397/
A certification body shall not accept certification applications from certification clients for regions that do not meet the environmental requirements for organic product production sites as prescribed by the State, or for products outside the organic product certification catalogue.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 9 (Document Review) A certification body shall, within 10 days from the date of receipt of the certification client's application materials, complete the document review and make a decision on whether to accept the application. If the application is not accepted, the certification body shall notify the certification client in writing and state the reasons.文章源自FOFCC-http://fofcc.org.cn/am/11397/
A certification body shall, within 5 days before conducting an on-site inspection of the certification client, submit basic information such as the certification client and the certification inspection plan to the information system designated by the CNCA.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 10 (On-site Inspection, Product Testing and Environmental Monitoring) After accepting the certification entrustment, a certification body shall, in accordance with the provisions of the implementation rules for organic product certification, have certification inspectors conduct on-site inspections of the organic product production and processing premises, and shall entrust a testing institution with statutory qualifications to test the products applying for certification.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Where environmental monitoring (testing) of the production area (base) is required in accordance with the provisions of the implementation rules for organic product certification, a monitoring (testing) institution with statutory qualifications shall issue a monitoring (testing) report, or the monitoring (testing) conclusions provided by the certification client that are otherwise lawful and valid may be accepted.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 11 (Issuance of Certification Certificate) Where the requirements for organic product certification are met, the certification body shall promptly issue an organic product certification certificate to the certification client and permit it to use the China organic product certification mark; where the certification requirements are not met, the certification body shall notify the certification client in writing and state the reasons.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Certification bodies and certification personnel shall be responsible for the certification conclusions they make.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 12 (Record Requirements) A certification body shall ensure that the certification process is complete, objective and authentic, and shall make complete records of the certification process, keep them on file, and ensure that the certification process and results are traceable.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Product testing and environmental monitoring (testing) institutions shall ensure that testing and monitoring conclusions are authentic and accurate, and shall make complete records of the testing and monitoring process and keep them on file. Product testing and environmental monitoring institutions and their relevant personnel shall be responsible for the content and conclusions of the testing and monitoring reports they issue.文章源自FOFCC-http://fofcc.org.cn/am/11397/
The record retention period prescribed in this Article shall be 5 years.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 13 (Follow-up Inspection) A certification body shall, in accordance with the provisions of the certification implementation rules, carry out effective follow-up inspections of certified products and their production and processing processes to ensure that the certification conclusions continue to meet the certification requirements.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 14 (Sales Certificate) A certification body shall promptly issue an organic product sales certificate to the certification client to ensure that the category, scope and quantity of organic products sold by the certification client of the certified products are consistent with the product category, scope and quantity stated in the certification certificate.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 15 (Certification of Processed Products with Organic Ingredients) Processed products with an organic ingredient content (referring to weight or liquid volume, excluding water and salt) equal to or higher than 95% may only bear the word “organic” on the product or on the product packaging and labels and use the organic product certification mark after obtaining organic product certification.
Article 16 (Prohibitive Provisions on Certification of Organic Ingredients) A 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) lower than 95%.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Processed products with an organic ingredient content (referring to weight or liquid volume, excluding water and salt) lower than 95% and equal to or higher than 70% may only bear the words “made with organic ingredients” on the product or on the product packaging and labels; processed products with an organic ingredient content (referring to weight or liquid volume, excluding water and salt) lower than 70% may only indicate in the product ingredient list that a certain ingredient is “organic”.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Chapter III Import of Organic Products文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 17 (Equivalence Assessment) The competent authority for organic products of a country or region exporting organic products to China may submit an application to the CNCA for an equivalence assessment of its organic product certification system. The CNCA shall accept applications for equivalence assessment of imported organic product certification systems and shall organize relevant experts to evaluate the submitted applications.文章源自FOFCC-http://fofcc.org.cn/am/11397/
The assessment may be conducted by means of document review, on-site inspection, and other methods.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 18 (Imported Organic Products under Signed Memoranda) Where the organic product certification system of a country or region exporting organic products to China is equivalent to China's organic product certification system, the CNCA may sign a relevant memorandum with its competent department.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Organic products exported from that country or region to China shall be administered in accordance with the provisions of the relevant memorandum.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 19 (Certification of Imported Organic Products) Where imported products from a country or region that has not signed a relevant memorandum with the CNCA on the equivalence of organic product certification systems are intended to be exported to China as organic products, they shall conform to the requirements of China's organic product laws and regulations and national standards.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 20 (Entrustment for Certification of Imported Organic Products) Manufacturers, sellers, importers or agents of imported products that need to obtain China organic product certification (hereinafter collectively referred to as certification clients for imported organic products) shall submit a certification entrustment to a certification body approved by the CNCA.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 21 (Certification of Imported Organic Products) A certification client for imported organic products shall, in accordance with the provisions of the implementation rules for organic product certification, submit relevant application materials and documents to the certification body, among which certification application materials and documents such as the application form, questionnaire, processing technical process, product formula, and inputs used in the production and processing process shall be submitted in Chinese versions at the same time. If the application materials do not meet the requirements, the certification body shall not accept the certification entrustment.文章源自FOFCC-http://fofcc.org.cn/am/11397/
A certification body engaged in imported organic product certification activities shall conform to the provisions of these Measures and the implementation rules for organic product certification, and certification inspection records and inspection reports shall have Chinese versions.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 22 (Declaration for Entry Inspection and Quarantine) When declaring imported organic products for inspection and quarantine, documents such as the Chinese version of the imported organic product certification certificate, a copy of the organic product sales certificate, product labels and certification marks shall be submitted.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 23 (Entry Verification) Local entry-exit inspection and quarantine institutions shall carry out entry verification of declared imported organic products, inspect documents such as certification certificates, product labels and certification marks, and organic product sales certificates, and verify whether the goods conform to the certificates. If verification fails, the products shall not enter the country as organic products.文章源自FOFCC-http://fofcc.org.cn/am/11397/
When necessary, entry-exit inspection and quarantine institutions may conduct sampling inspection of declared imported organic products to verify whether their product quality conforms to the requirements of China's national standards for organic products.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 24 (Overseas Organic Product Certification) Within 30 days from the issuance of an organic product certification certificate to a certification client for imported organic products, the certification body shall submit the following written materials to the CNCA:文章源自FOFCC-http://fofcc.org.cn/am/11397/
(1) The category, scope and quantity of the certified products;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(2) The name, address and contact information of the certification client for imported organic products;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(3) The name, address and contact information of the manufacturer of the certified products;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(4) Copies of the certification certificate and inspection report (Chinese and foreign language versions);文章源自FOFCC-http://fofcc.org.cn/am/11397/
(5) Other materials prescribed by the CNCA.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Chapter IV Certification Certificates and Certification Marks文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 25 (Bodies Formulating Certificates and Marks) The Certification and Accreditation Administration of the People's Republic of China (CNCA) shall be responsible for formulating the basic format and numbering rules of organic product certification certificates, as well as the design and numbering rules of certification marks.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 26 (Validity Period of Certification Certificates) The validity period of a certification certificate shall be one year.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 27 (Contents of Certification Certificates) A certification certificate shall include the following contents:
(1) The name and address of the certification applicant;
(2) The names and addresses of the producer, processor, and place of origin (base) of the certified product;
(3) The quantity of the certified product, the area of the place of origin (base), and the product category;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(4) The certification category;
(5) The national standards or technical specifications on which the certification is based;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(6) The name of the certification body and the signature of its person in charge, the date of issuance, and the validity period.
Article 28 (Certificate Modification) During the validity period of the certification certificate, under any of the following circumstances, the certification applicant shall apply to the certification body for modification within 15 days. The certification body shall modify the certification certificate within 30 days of receiving the application for certification certificate modification:文章源自FOFCC-http://fofcc.org.cn/am/11397/
(1) The name or legal person nature of the certification applicant or the organic product production or processing unit has changed;
(2) The product category and quantity have decreased;
(3) Modification is required upon expiration of the conversion period for organic products;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(4) Other circumstances requiring modification.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 29 (Cancellation of Certification Certificates) Under any of the following circumstances, the certification body shall cancel the certification certificate within 30 days and make a public announcement:文章源自FOFCC-http://fofcc.org.cn/am/11397/
(1) The validity period of the certification certificate has expired and no application for extension of use has been filed;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(2) The certified product is no longer produced;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(3) The certification applicant of the certified product applies for cancellation;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(4) Other circumstances under which cancellation shall be made in accordance with the law.
Article 30 (Suspension of Certification Certificates) Under any of the following circumstances, the certification body shall suspend the certification certificate within 15 days, with a suspension period of 1 to 3 months, and make a public announcement:文章源自FOFCC-http://fofcc.org.cn/am/11397/
(1) The certification certificate or certification mark is used in violation of regulations;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(2) The production, processing, sales, or other activities of the certified product, or the management system, do not comply with certification requirements, and upon assessment by the certification body, effective corrections or corrective measures can be taken within the suspension period;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(3) Other circumstances requiring suspension of the certification certificate.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 31 (Revocation of Certification Certificates) Under any of the following circumstances, the certification body shall revoke the certification certificate within 7 days and make a public announcement:文章源自FOFCC-http://fofcc.org.cn/am/11397/
(1) The quality of the certified product does not comply with the mandatory requirements of relevant national laws, regulations, or standards, or substances prohibited by the national standards for organic products are detected;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(2) Substances prohibited by the national standards for organic products are used in the production or processing activities of the certified product, or the certified product is contaminated by prohibited substances;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(3) The certification applicant of the certified product falsely reports or conceals information required for certification;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(4) The certification applicant of the certified product uses the certification mark beyond the permitted scope;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(5) The environmental quality of the place of origin (base) of the certified product does not meet certification requirements;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(6) The production, processing, sales, or other activities of the certified product, or the management system, do not comply with certification requirements, and during the suspension period of the certification certificate, no effective corrections or corrective measures are taken;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(7) The certified product undergoes further processing, repackaging, or splitting outside the production or processing premises specified in the certification certificate;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(8) The certification applicant of the certified product fails to take effective measures to address major complaints from relevant parties;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(9) The certification applicant of the certified product is subject to relevant administrative penalties for violating national laws and regulations on the management of agricultural products and food safety;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(10) The certification applicant of the certified product refuses to accept supervision by the certification regulatory department or the certification body;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(11) Other circumstances requiring revocation of the certification certificate.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 32 (Certification Mark) The organic product certification mark shall be the China Organic Product Certification Mark.文章源自FOFCC-http://fofcc.org.cn/am/11397/
The China Organic Product Certification Mark shall bear the Chinese characters “中国有机产品” and the English word "ORGANIC".文章源自FOFCC-http://fofcc.org.cn/am/11397/
The design is as follows:文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 33 (Provisions on the Use of Certification Marks) The China Organic Product Certification Mark shall be used within the product scope and quantity specified in the certification certificate.文章源自FOFCC-http://fofcc.org.cn/am/11397/
The certification body shall, in accordance with the unified numbering rules of the CNCA, assign a unique number to each certification mark (hereinafter referred to as the organic code), and adopt effective anti-counterfeiting and traceability technologies to ensure that each issued certification mark can be traced to its corresponding certification certificate, certified product, and production and processing unit.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 34 (Provisions on the Use of Certification Marks) The certification applicant of the certified product shall affix the China Organic Product Certification Mark, its organic code, and the name or logo of the certification body on the certified product or the smallest sales package of the product.文章源自FOFCC-http://fofcc.org.cn/am/11397/
The China Organic Product Certification Mark may be printed on the labels, instructions, advertising, and promotional materials of the certified product, and may be enlarged or reduced proportionally, but shall not be distorted or changed in color.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 35 (Prohibited Provisions) Under any of the following circumstances, no unit or individual may mark on products, the smallest sales packages of products, or their labels such misleading textual expressions as “organic”, “organic product”, “organic cultivation”, “organic production”, “ORGANIC”, or similar expressions that mislead the public into believing that the product is an organic product:文章源自FOFCC-http://fofcc.org.cn/am/11397/
(1) The product has not obtained organic product certification;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(2) The certified product undergoes further processing, repackaging, or splitting outside the production or processing premises specified in the certification certificate.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 36 (Provisions on the Use of Marks During Suspension, Cancellation, and Revocation of Certificates) During the suspension period of a certification certificate, the certification applicant of the certified product shall suspend the use of the certification certificate and certification mark; after the certification certificate is cancelled or revoked, the certification body shall recover the certification certificate and unused certification marks.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Chapter V Supervision and Administration文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 37 (Supervisory Duties of the CNCA) The CNCA shall organize and implement annual supervision and inspection and irregular special supervision and inspection of organic product certification activities.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 38 (Supervisory Duties of Local Certification Regulatory Departments) Local certification regulatory departments shall, in accordance with their respective duties, conduct supervision and inspection of organic product certification activities within their jurisdictions in accordance with the law, and investigate and punish illegal acts in the production, processing, and sales activities of certified organic products.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Local entry-exit inspection and quarantine authorities are responsible for the supervision and inspection of the certification of imported organic products, foreign-funded certification bodies, and the certification, production, processing, and sales activities of exported organic products.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Local quality and technical supervision departments at all levels are responsible for the supervision and inspection of the certification, production, processing, and sales activities of organic products by Chinese-funded certification bodies, and of organic products produced and processed within China and sold within China.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 39 (Supervision Methods of Local Certification Regulatory Authorities) The supervision and inspection methods of local certification regulatory authorities include:文章源自FOFCC-http://fofcc.org.cn/am/11397/
(1) Supervision and inspection of whether certification activities violate these Measures and the implementation rules for organic product certification;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(2) Supervisory random inspection of certified products;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(3) Supervision and inspection of units involved in the certification, production, processing, import, and sales of certified products;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(4) Supervision and inspection of the use of organic product certification certificates and certification marks;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(5) Supervision and inspection of whether organic product certification consulting activities comply with relevant provisions;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(6) Handling of complaints and appeals concerning organic product certification and consulting;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(7) Investigating and dealing with illegal acts in accordance with the law.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 40 (Information System) The Certification and Accreditation Administration of the People's Republic of China shall, through the information system, regularly publish dynamic information on organic product certification.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Before issuing a certification certificate, a certification body shall, as required, promptly submit relevant information on organic product certification to the information system and obtain the certification certificate number through that system.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Before issuing certification marks to enterprises, a certification body shall upload the relevant information of the organic code of the certification marks to the information system.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Local certification regulatory authorities shall, through the information system and based on the certification-related information submitted and uploaded by certification bodies, conduct supervision and inspection of organic product certification activities carried out within their jurisdictions.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 41 (Archives and Records) The certification client of certified products, as well as units and individuals selling organic products, shall, in the processes of product production, processing, packaging, transportation, storage, and sales, establish a sound product quality and safety traceability system and a records and archives system for production, processing, and sales.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 42 (Obligations of Sellers) Units and individuals selling organic products shall, in activities of purchasing, storing, transporting, and selling organic products, comply with the provisions of national standards for organic products, ensure that the category, scope, and quantity of the organic products sold are consistent with the product category, scope, and quantity in the sales certificate, and be able to provide copies of the certification certificate and organic product sales certificate consistent with the originals for inquiry by relevant administrative regulatory authorities or consumers.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 43 (Risk Warning) Certification regulatory authorities may, based on issued risk warnings such as animal and plant epidemics and environmental pollution, supervision and inspection results, consumer complaints, media reports, and other circumstances, promptly issue certification risk warning information concerning organic product certification regions, certified products and their certification clients, and certification bodies, and take relevant response measures.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 44 (Exit Mechanism) Where the certification client of certified products provides false information, illegally uses prohibited substances, uses organic certification marks beyond the permitted scope, or causes a major product quality and safety accident, the certification body shall not accept applications for organic product certification from that enterprise and its production bases and processing sites within 5 years.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 45 (Appeal and Complaint Provisions) Where a certification client objects to the certification conclusion or handling decision of a certification body, it may file an appeal with the certification body. If it still objects to the handling conclusion of the certification body, it may file an appeal or complaint with the Certification and Accreditation Administration of the People's Republic of China.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 46 (Reporting Provisions) Any unit or individual may report illegal acts in organic product certification activities to the Certification and Accreditation Administration of the People's Republic of China or local certification regulatory authorities. The Certification and Accreditation Administration of the People's Republic of China and local certification regulatory authorities shall promptly investigate and handle the matter and keep the reporter confidential.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Chapter VI Penalty Provisions文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 47 (Penalties for Forging, Fraudulently Using, or Illegally Trading Certification Marks) Where certification marks are forged, fraudulently used, or illegally traded, local certification regulatory authorities shall impose penalties in accordance with the provisions of the Product Quality Law of the People's Republic of China, the Law of the People's Republic of China on Import and Export Commodity Inspection and its implementing regulations, and other laws and administrative regulations.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 48 (Penalties for Forging, Altering, Fraudulently Using, Illegally Trading, Transferring, or Tampering with Certification Certificates) Where certification certificates are forged, altered, fraudulently used, illegally traded, transferred, or tampered with, local certification regulatory authorities shall order correction and impose a fine of 30,000 yuan.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Where a certification body, in violation of the provisions of paragraph 2 of Article 40 of these Measures, compiles a certification certificate number on its own on the certification certificate it issues, it shall be deemed to have forged the certification certificate.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 49 (Penalties for Certification Beyond Scope) Where a certification body, in violation of the provisions of paragraph 2 of Article 8 of these Measures, issues a certification certificate to a certification client for a region that does not meet the environmental requirements for organic product production sites as prescribed by the State or for products outside the organic product certification catalog, it shall be ordered to correct, be fined 30,000 yuan, and if there is illegal income, the illegal income shall be confiscated.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 50 (Penalties for Misleading Labeling) Where, in violation of the provisions of Article 35 of these Measures, words such as “organic”, “organic product”, “organic cultivation”, “organic production”, “ORGANIC”, and other expressions misleading the public into believing that the product is an organic product are added to a product or its packaging and labels, local certification regulatory authorities shall order correction and impose a fine of not more than 30,000 yuan.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 51 (Penalties Against Certification Bodies) Where a certification body falls under any of the following circumstances, the Certification and Accreditation Administration of the People's Republic of China shall order it to correct, issue a warning, and make it public:文章源自FOFCC-http://fofcc.org.cn/am/11397/
(1) In the case of certification of organic conversion products, the certification certificate issued by the certification body does not indicate the word “conversion” and the conversion period;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(2) The certification body fails to report the organic codes of the organic product certification marks it issues to the information system determined by the Certification and Accreditation Administration of the People's Republic of China;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(3) The certification body fails, as required, to submit relevant certification information to the information system determined by the Certification and Accreditation Administration of the People's Republic of China, or the information it provides is untrue;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(4) The certification body fails, within 30 days from issuing an organic product certification certificate to a certification client for imported organic products, to submit relevant materials to the Certification and Accreditation Administration of the People's Republic of China for record filing.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 52 (Penalties Against Certification Bodies) Where, in violation of the provisions of Article 14 of these Measures, the number of organic product sales certificates issued by a certification body exceeds the actual quantity of organic products produced or processed by the certification client of the certified products, it shall be ordered to correct and 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/11397/
Article 53 (Penalties Against Certification Bodies) Where, in violation of the provisions of paragraph 1 of Article 16 of these Measures, a certification body conducts organic certification for processed products with an organic ingredient content lower than 95%, local certification regulatory authorities shall order it to correct and impose a fine of not more than 30,000 yuan.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 54 (Penalties Against Certification Bodies) Where a certification body fails, in accordance with the provisions of Articles 30 and 31 of these Measures, to promptly suspend or revoke a certification certificate, it shall be penalized in accordance with the provisions of Article 60 of the Regulations of the People's Republic of China on Certification and Accreditation.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 55 (Penalties Against Certification Clients of Certified Products) Where the certification client of certified products falls under any of the following circumstances, local certification regulatory authorities shall order it to correct and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan:文章源自FOFCC-http://fofcc.org.cn/am/11397/
(1) In violation of the provisions of Articles 15 and 16 of these Measures, organic ingredients have not obtained organic product certification or have not been labeled and marked as required;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(2) Failure to use certification marks in accordance with the provisions of these Measures;文章源自FOFCC-http://fofcc.org.cn/am/11397/
(3) Continued use of the certification certificate and certification marks during the period when the certification certificate is suspended or after it has been canceled or revoked.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 56 (Penalties for Refusing Supervision and Inspection) Where a certification body or the certification client of certified products refuses supervision and inspection by the Certification and Accreditation Administration of the People's Republic of China or local certification regulatory authorities, it shall be ordered to correct within a prescribed time limit; if it fails to correct upon expiration of the time limit, it shall be fined not more than 30,000 yuan.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 57 (Penalties for Failing to Truthfully Provide the True Situation of Imported Organic Products or Evading Inspection) Where, during entry inspection and quarantine of imported organic products, a party fails to truthfully provide the true situation of the imported organic products or evades inspection, the entry-exit inspection and quarantine authority shall handle the matter in accordance with the provisions of Article 48 of the Implementing Regulations of the Law of the People's Republic of China on Import and Export Commodity Inspection.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 58 (Penalties for Other Illegal Acts) Other illegal acts in organic product certification activities shall be penalized in accordance with the provisions of relevant laws, administrative regulations, and departmental rules.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Chapter VII Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 59 (Fees) 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/11397/
Article 60 (Exported Organic Products) Exported organic products shall meet the requirements of the importing country or region.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 61 (Conversion Period) The conversion period referred to in these Measures means the period from the start of management in accordance with national standards for organic products to the time when the production unit and products obtain organic certification.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 62 (Organic Ingredients) “Organic ingredients” referred to in these Measures means any substance used in the manufacture or processing of organic products and present in the product (including in modified form), including additives.文章源自FOFCC-http://fofcc.org.cn/am/11397/
Article 63 (Interpretation Authority) 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/11397/
Article 64 (Effective Date) These Measures shall come into force on ____ year ____ month ____ day.文章源自FOFCC-http://fofcc.org.cn/am/11397/