Chapter I General Provisions文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 1 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, the Regulations of the People's Republic of China on Certification and Accreditation, and other laws and administrative regulations, for the purposes of safeguarding the lawful rights and interests of consumers, producers and sellers, further improving the quality of organic products, strengthening the administration of organic product certification, and promoting ecological environmental protection and sustainable development.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 2 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/11440/
Article 3 For the purposes of these Measures, "organic products" means products for human consumption or animal feeding that are produced, processed and sold in conformity with the national standards for organic products of China.文章源自FOFCC-http://fofcc.org.cn/am/11440/
For the purposes of these Measures, "organic product certification" means the conformity assessment activities conducted by certification bodies in accordance with the provisions of these Measures and the organic product certification rules, to assess whether the production, processing and sale 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/11440/
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 administration, supervision and comprehensive coordination of organic product certification nationwide.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Local quality and technical supervision departments at all levels and entry-exit inspection and quarantine institutions in various localities (hereinafter collectively referred to as local certification regulatory authorities) shall, in accordance with the division of duties, be responsible for the supervision, inspection and administrative law enforcement of organic product certification activities within their respective jurisdictions in accordance with the law.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 5 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/11440/
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/11440/
Article 6 The CNCA shall organize and carry out international cooperation in organic product certification in accordance with the principle of equality and mutual benefit.文章源自FOFCC-http://fofcc.org.cn/am/11440/
International mutual recognition activities for organic product certification shall be conducted within the framework of international cooperation agreements signed by the State.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Chapter II Implementation of Certification文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 7 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/11440/
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/11440/
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/11440/
Article 8 Organic product producers and processors (hereinafter collectively referred to as certification clients) may voluntarily entrust a certification body to conduct organic product certification and submit the application materials specified in the organic product certification implementation rules.文章源自FOFCC-http://fofcc.org.cn/am/11440/
A certification body shall not accept a certification entrustment from a certification client that does not meet the environmental requirements for the production site of organic products as prescribed by the State, or that involves products outside the organic product certification catalogue.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 9 A certification body shall, within 10 days from the date of receipt of the certification client's application materials, complete the review of the materials 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/11440/
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/11440/
Article 10 After a certification body accepts a certification entrustment, it shall, in accordance with the provisions of the organic product certification implementation rules, arrange for certification inspectors to conduct on-site inspection of the organic product production and processing premises, and shall entrust a testing and inspection institution with statutory qualifications to conduct testing and inspection of the products applied for certification.文章源自FOFCC-http://fofcc.org.cn/am/11440/
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/11440/
Article 11 If 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; if 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/11440/
Certification bodies and certification personnel shall be responsible for the certification conclusions they make.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 12 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/11440/
Product testing and inspection institutions and environmental monitoring (inspection) institutions shall ensure that the testing, inspection and monitoring conclusions are authentic and accurate, and shall make complete records of the testing, inspection and monitoring process and keep them on file. Product testing and inspection institutions, environmental monitoring institutions and their relevant personnel shall be responsible for the content and conclusions of the testing, inspection and monitoring reports they issue.文章源自FOFCC-http://fofcc.org.cn/am/11440/
The record retention period prescribed in this Article shall be 5 years.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 13 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, so as to ensure that the certification conclusions continue to meet the certification requirements.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 14 A certification body shall promptly issue an organic product sales certificate to the certification client, so as to ensure that the category, scope and quantity of the organic products sold by the certification client of the certified products are consistent with those recorded in the certification certificate.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 15 Processed products with an organic ingredient content (referring to weight or liquid volume, excluding water and salt, the same below) equal to or higher than 95% may only be labelled with the word “organic” on the product or on the product packaging and labels, and have the organic product certification mark applied, after obtaining organic product certification.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 16 A certification body shall not conduct organic certification for processed products with an organic ingredient content lower than 95%.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Chapter III Import of Organic Products文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 17 The competent authority for organic products of a country or region that exports 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 the application and organize relevant experts to evaluate the submitted application.文章源自FOFCC-http://fofcc.org.cn/am/11440/
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/11440/
Article 18 Where the organic product certification system of a country or region that exports organic products to China is equivalent to the Chinese 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/11440/
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/11440/
Article 19 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 comply with the requirements of the relevant laws and regulations of China on organic products and the national standards for organic products of China.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 20 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/11440/
Article 21 A certification client for imported organic products shall, in accordance with the provisions of the organic product certification implementation rules, submit relevant application materials and documents to the certification body, among which certification application materials and documents such as the application form, questionnaire, processing technology flow, product formula, and inputs used in the production and processing process shall be submitted in Chinese version 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/11440/
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/11440/
Article 22 When declaring imported organic products for entry inspection and quarantine, copies of the China organic product certification certificate obtained, copies of the organic product sales certificate, the certification mark and product labels and other documents shall be submitted.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 23 Entry-exit inspection and quarantine institutions in various localities shall carry out entry verification of declared imported organic products, inspect documents such as copies of the certification certificate, copies of the organic product sales certificate, the certification mark and product labels, and check whether the goods conform to the certificates. If they do not conform, they shall not be allowed to enter the country as organic products.文章源自FOFCC-http://fofcc.org.cn/am/11440/
When necessary, entry-exit inspection and quarantine institutions may carry out supervised sampling inspection of declared imported organic products to verify whether the product quality meets the requirements of the national standards for organic products of China.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 24 Within 30 days from the date of issuing the organic product certification certificate to the 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/11440/
(1) The category, scope and quantity of the certified products;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(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/11440/
(3) The name, address and contact information of the manufacturer and importer of the certified products;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(4) Copies of the certification certificate and inspection report (Chinese and foreign language versions);文章源自FOFCC-http://fofcc.org.cn/am/11440/
(5) Other materials prescribed by the CNCA.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Chapter IV Certification Certificates and Certification Marks文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 25 The CNCA shall be responsible for formulating the basic format and numbering rules of organic product certification certificates and the style and numbering rules of the certification mark.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 26 The validity period of a certification certificate shall be 1 year.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 27 A certification certificate shall include the following contents:文章源自FOFCC-http://fofcc.org.cn/am/11440/
(1) The name and address of the certification client;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(2) The name and address of the producer, processor and place of origin (base) of the certified products;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(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/11440/
(4) The certification category;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(5) The national standards or technical specifications on which the certification is based;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(6) The name of the certification body and the signature of its responsible person, the date of issuance and the period of validity.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 28 Where, during the validity period of the certification certificate, any of the following circumstances occurs to a certified product, the certification client shall apply to the certification body for modification within 15 days. The certification body shall modify the certification certificate within 30 days from the date of receipt of the application for modification of the certification certificate:文章源自FOFCC-http://fofcc.org.cn/am/11440/
(1) The name or legal person nature of the certification applicant or the organic product production or processing unit has changed;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(2) The product variety and quantity are reduced;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(3) Other circumstances requiring modification of the certification certificate.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 29 Where any of the following circumstances occurs, the certification body shall cancel the certification certificate within 30 days and make it public:文章源自FOFCC-http://fofcc.org.cn/am/11440/
(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/11440/
(2) The certified product is no longer produced;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(3) The certification applicant of the certified product applies for cancellation;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(4) Other circumstances requiring cancellation of the certification certificate.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 30 Where any of the following circumstances occurs, the certification body shall suspend the certification certificate within 15 days, and the suspension period of the certification certificate shall be 1 to 3 months, and shall make it public:文章源自FOFCC-http://fofcc.org.cn/am/11440/
(1) Failure to use the certification certificate or certification mark in accordance with the provisions;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(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/11440/
(3) Other circumstances requiring suspension of the certification certificate.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 31 Where any of the following circumstances occurs, the certification body shall revoke the certification certificate within 7 days and make it public:文章源自FOFCC-http://fofcc.org.cn/am/11440/
(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/11440/
(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/11440/
(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/11440/
(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/11440/
(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/11440/
(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/11440/
(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/11440/
(8) The certification client of the certified product has received major complaints from relevant parties and there are indeed problems but has failed to take effective measures to deal with them;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(9) The certification client of a certified product engages in organic product certification activities and is subject to relevant administrative penalties for violating relevant national laws and regulations on agricultural product and food safety management;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(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/11440/
(11) Other circumstances under which the certification certificate needs to be revoked.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 32 The organic product certification mark shall be the China Organic Product Certification Mark.文章源自FOFCC-http://fofcc.org.cn/am/11440/
The China Organic Product Certification Mark shall bear the Chinese words “中国有机产品” and the English word “ORGANIC”. The design is as follows:
Article 33 The China Organic Product Certification Mark shall be used within the product category, scope, and quantity specified in the certification certificate.文章源自FOFCC-http://fofcc.org.cn/am/11440/
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/11440/
Article 34 The certification client of a certified product shall affix the China Organic Product Certification Mark, organic code, and the name 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/11440/
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/11440/
Article 35 Under any of the following circumstances, no unit or individual may label on a product, the smallest sales package of a product, or its label any textual expressions or designs containing words such as “有机”, “ORGANIC”, or similar terms that may mislead the public into believing that the product is an organic product:文章源自FOFCC-http://fofcc.org.cn/am/11440/
(1) The product has not obtained organic product certification;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(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/11440/
Article 36 During the suspension period of a certification certificate, the certification client of a certified product shall suspend the use of the certification certificate and certification mark; after the certification certificate is cancelled or revoked, the certification client shall return the certification certificate and unused certification marks to the certification body.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Chapter V Supervision and Administration文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 37 The Certification and Accreditation Administration of the People's Republic of China shall organize and implement supervisory inspections and irregular special supervisory inspections of organic product certification activities.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 38 Local certification regulatory authorities shall, in accordance with their respective duties, conduct supervisory inspections of organic product certification activities within their jurisdictions in accordance with the law, and investigate and handle illegal acts in the production, processing, and sales activities of certified organic products.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Entry-exit inspection and quarantine institutions in various localities shall be responsible for conducting supervisory inspections of foreign-funded certification bodies, the certification and sale of imported organic products, and the certification, production, processing, and sale activities of exported organic products.文章源自FOFCC-http://fofcc.org.cn/am/11440/
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/11440/
Article 39 The methods of supervisory inspection by local certification regulatory authorities include:文章源自FOFCC-http://fofcc.org.cn/am/11440/
(1) Supervisory inspection of whether organic product certification activities comply with the provisions of these Measures and the organic product certification implementation rules;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(2) Supervisory random inspection of certified products;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(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/11440/
(4) Supervisory inspection of organic product certification certificates and certification marks;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(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/11440/
(6) Investigation and handling of reports on organic product certification and certification consulting activities;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(7) Investigation and handling of illegal acts in accordance with the law.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 40 The Certification and Accreditation Administration of the People's Republic of China shall regularly publish dynamic information on organic product certification through the information system.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Before issuing a certification certificate, a certification body shall, as required, promptly submit relevant organic product certification information to the information system and obtain the certification certificate number.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Before issuing certification marks, a certification body shall upload the relevant information of the certification marks and organic codes to the information system.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Local certification regulatory authorities shall, through the information system and based on the certification-related information submitted and uploaded by certification bodies, conduct supervisory inspections of organic product certification activities carried out within their jurisdictions.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 41 The certification client of a certified product, as well as units and individuals selling organic products, shall establish a sound product quality and safety traceability system and a production, processing, and sales record archiving system during the processes of product production, processing, packaging, storage, transportation, and sales.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 42 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 original content, for inquiry by relevant administrative regulatory authorities or consumers.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 43 Certification regulatory authorities may, based on information such as animal and plant epidemic situations and environmental pollution risk warnings issued by relevant national departments, as well as supervisory inspections, consumer complaints and reports, and media reports, promptly issue certification risk warning information regarding organic product certification areas, certified products and their certification clients, and certification bodies, and take relevant response measures.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 44 If the certification client of a certified product provides false information, illegally uses prohibited substances, uses organic certification marks beyond the permitted scope, or has a major product quality and safety accident, the certification body shall not accept organic product certification applications from the enterprise and its production bases and processing sites within 5 years.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 45 If the certification client has objections to the certification conclusion or handling decision of the certification body, it may file an appeal with the certification body; if it still has objections to the handling conclusion of the certification body, it may file an appeal with the Certification and Accreditation Administration of the People's Republic of China.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 46 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/11440/
Chapter VI Penalty Provisions文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 47 For forging, fraudulently using, or illegally trading certification marks, 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/11440/
Article 48 For forging, altering, fraudulently using, illegally trading, transferring, or tampering with certification certificates, 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/11440/
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/11440/
Article 49 If, in violation of the provisions of Article 8, paragraph 2, of these Measures, a certification body issues a certification certificate to a certification client in an area that does not meet the environmental requirements for organic product production sites as prescribed by the state or for a product outside the organic product certification catalog, it shall be ordered to correct and fined 30,000 yuan; if there is illegal income, the illegal income shall be confiscated.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 50 If, in violation of the provisions of Article 35 of these Measures, words such as “有机”, “ORGANIC”, or similar terms, or designs that may mislead the public into believing that the product is an organic product, are labeled on a product or product 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/11440/
Article 51 Under any of the following circumstances, the Certification and Accreditation Administration of the People's Republic of China shall order correction, issue a warning, and make it public:文章源自FOFCC-http://fofcc.org.cn/am/11440/
(1) Failing to upload organic product certification marks and organic codes to the information system determined by the Certification and Accreditation Administration of the People's Republic of China in accordance with Article 40, paragraph 2, of these Measures;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(2) Failing to submit relevant certification information to the information system determined by the Certification and Accreditation Administration of the People's Republic of China in accordance with Article 9, paragraph 2, of these Measures, or the information submitted is untrue;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(3) Failing to submit relevant materials to the Certification and Accreditation Administration of the People's Republic of China for filing in accordance with Article 24 of these Measures.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 52 If, 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 product, it shall be ordered to correct and fined not less than 10,000 yuan but not more than 30,000 yuan.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 53 If, in violation of the provisions of Article 16 of these Measures, a certification body conducts organic certification for a processed product with an organic ingredient content of less than 95%, 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/11440/
Article 54 If a certification body violates the provisions of Article 30 or Article 31 of these Measures by failing to promptly suspend or revoke a certification certificate and make it public, it shall be penalized in accordance with 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/11440/
Article 55 Under any of the following circumstances, the certification client shall be ordered by local certification regulatory authorities to correct and fined not less than 10,000 yuan but not more than 30,000 yuan:文章源自FOFCC-http://fofcc.org.cn/am/11440/
(1) For a processed product that has not obtained organic product certification, in violation of the provisions of Article 15 of these Measures, marking it with an organic product certification label;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(2) Failing to use certification marks in accordance with Article 33, paragraph 1, and Article 34 of these Measures;文章源自FOFCC-http://fofcc.org.cn/am/11440/
(3) Continuing to use the certification certificate and certification marks during the suspension period of the certification certificate or after it has been cancelled or revoked.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 56 If a certification body or the certification client of a certified product refuses to accept supervisory 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 within the time limit, it shall be fined not more than 30,000 yuan.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 57 If, during entry inspection and quarantine of imported organic products, a person fails to truthfully provide the true situation of the imported organic products, obtains relevant certificates and documents from an entry-exit inspection and quarantine institution, or fails to apply for inspection of organic products subject to statutory inspection and evades inspection, the entry-exit inspection and quarantine institution shall impose penalties in accordance with Article 46 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/11440/
Article 58 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/11440/
Chapter VII Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 59 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/11440/
Article 60 Exported organic products shall meet the requirements of the importing country or region.文章源自FOFCC-http://fofcc.org.cn/am/11440/
Article 61 For the purposes of these Measures, "organic ingredients" refers to 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/11440/
Article 62 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/11440/
Article 63 These Measures shall come into force on April 1, 2014. The Measures for the Administration of Organic Product Certification (Order No. 67 of the General Administration of Quality Supervision, Inspection and Quarantine) promulgated by the General Administration of Quality Supervision, Inspection and Quarantine on November 5, 2004 shall be repealed simultaneously.文章源自FOFCC-http://fofcc.org.cn/am/11440/
>>Original General Administration of Quality Supervision, Inspection and Quarantine link文章源自FOFCC-http://fofcc.org.cn/am/11440/