| Old version | New version | ||||
| Adopted by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China on September 27, 2004, and effective as of April 1, 2005 | Adopted by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China on April 23, 2013, and effective as of April 1, 2014 | ||||
| Chapter I General Provisions | Chapter I General Provisions | ||||
| Article 1 | 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. | 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. | ||
| Article 2 | For the purposes of these Measures, "organic products" means products for human consumption or animal feeding whose production, processing and sales processes conform to the national standards for organic products. 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. | Article 2 | Anyone engaged in organic product certification and the production, processing, import and sales of certified organic products within the territory of the People's Republic of China shall comply with these Measures. | ||
| Article 3 | Anyone engaged 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. | Article 3 | For the purposes of these Measures, "organic products" means products for human consumption or animal feeding whose production, processing and sales conform to the Chinese national standards for organic products. For the purposes of these Measures, "organic product certification" means the conformity assessment activities carried out by certification bodies in accordance with the provisions of these Measures and the organic product certification rules, to assess whether the production, processing and sales activities of the relevant products conform to the Chinese national standards for organic products. | ||
| 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. Local quality and technical supervision departments and local entry-exit inspection and quarantine institutions (hereinafter collectively referred to as local certification supervision and administration departments) shall, in accordance with their respective duties, conduct supervision and inspection of organic product certification activities within their respective jurisdictions in accordance with the law. | 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, supervision and comprehensive coordination of organic product certification nationwide. Local quality and technical supervision departments at all levels and local entry-exit inspection and quarantine institutions (hereinafter collectively referred to as local certification supervision departments) 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. | ||
| Article 5 | The State shall formulate unified basic norms and rules for organic product certification, unified conformity assessment procedures, unified standards and a unified mark. | 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. The CNCA shall be responsible for formulating and adjusting the organic product certification catalogue and certification implementation rules, and shall announce them to the public. | ||
| 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. Institutions engaged 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. | 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. International mutual recognition activities for organic product certification shall be carried out within the framework of international cooperation agreements signed by the State with foreign parties. | ||
| Chapter II | Administration of Institutions | ||||
| Article 7 | An organic product certification body shall be established in accordance with the 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). Where an overseas organic product certification body carries out organic product certification activities within the territory of 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. | ||||
| Article 8 | Inspectors engaged in organic product certification shall be registered with an accreditation body before they may engage in organic product certification activities. | ||||
| Article 9 | 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. | ||||
| Article 10 | The CNCA shall approve organic product certification bodies that meet the provisions of Article 7 of these Measures. | ||||
| Chapter III | Implementation of Certification | Chapter II | Implementation of Certification | ||
| Article 11 | An organic product certification body shall implement organic product certification on the basis of the national standards for organic products. Exported organic products shall meet the special requirements of the importing country or region. | 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. The capability of a certification body to carry out certification activities shall meet the requirements of the relevant national standards for product certification bodies. 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. | ||
| Article 12 | An organic product certification body shall disclose information such as the standards on which organic product certification is based, the basic certification norms, rules and fee standards. | Article 8 | Organic product producers and processors (hereinafter collectively referred to as certification clients) may voluntarily entrust a certification body to carry out organic product certification and submit the application materials specified in the organic product certification implementation rules. A certification body shall not accept the certification entrustment of a certification client that does not meet the environmental requirements for the production site of organic products as stipulated by the State, or that concerns products outside the organic product certification catalogue. | ||
| Article 13 | Units and individuals engaged in the production or processing of organic products, or their agents (hereinafter collectively referred to as applicants), may voluntarily submit an application for organic product certification to an organic product certification body. When applying, the following written materials shall be submitted: (1) the name, address and contact information of the applicant; (2) the regional scope of the product production site (base), and the scale of production and processing; (3) the production, processing or sales plan for the products; (4) an environmental description of the production site (base), processing or sales premises; (5) quality management system documents that meet the requirements for organic product production and processing; (6) supporting materials proving the qualifications of relevant professional and technical personnel and management personnel; (7) a declaration guaranteeing compliance with organic product standards, technical specifications and other special requirements; and (8) other materials. Where 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. | 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 it decides not to accept the application, it shall notify the certification client in writing and explain the reasons. 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 determined by the CNCA. | ||
| Article 14 | 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. | Article 10 | After accepting the certification entrustment, a certification body shall, in accordance with the provisions of the organic product certification implementation rules, have certification inspectors conduct an 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. Where, in accordance with the provisions of the organic product certification implementation rules, monitoring (testing) of the environment of the production site (base) is required, a monitoring (testing) institution with statutory qualifications shall issue a monitoring (testing) report, or other lawful and valid environmental monitoring (testing) conclusions provided by the certification client may be accepted. | ||
| Article 15 | 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. | Article 11 | 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, it shall notify the certification client in writing and explain the reasons. Certification bodies and certification personnel shall be responsible for the certification conclusions they make. | ||
| Article 16 | An organic product certification body shall promptly make a certification conclusion in accordance with the requirements of relevant standards or technical specifications, and shall ensure that the certification conclusion is objective and truthful. An organic product certification body shall be responsible for the certification conclusion it makes. | Article 12 | A certification body shall ensure that the certification process is complete, objective and truthful, and shall make complete records of the certification process, keep them on file, and ensure that the certification process and results are traceable. Product testing and inspection institutions and environmental monitoring (testing) institutions shall ensure that testing, inspection and monitoring conclusions are truthful and accurate, and shall make complete records of the testing, inspection and monitoring processes 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. The record retention period stipulated in this Article shall be 5 years. | ||
| Article 17 | 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. | Article 13 | A certification body shall, in accordance with the provisions of the certification implementation rules, implement effective follow-up inspections of certified products and their production and processing processes, so as to ensure that the certification conclusion can continuously meet the certification requirements. | ||
| Article 18 | 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. | 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. | ||
| Article 19 | An organic product certification body shall, in accordance with the provisions, conduct effective follow-up inspections of certified units and individuals and certified products, so as to ensure that the certification conclusion can continuously meet the certification requirements. | 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 be labelled with the word “organic” on the product or on the product packaging and labels and bear the organic product certification mark only after obtaining organic product certification. | ||
| 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) lower than 95%. | Article 16 | A certification body shall not conduct organic certification for processed products with an organic ingredient content lower than 95%. | ||
| Article 21 | 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. | ||||
| Chapter IV | Import of Organic Products | ||||
| 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 the organic product certification system. The CNCA shall accept the application and organize relevant experts to evaluate the submitted application. The evaluation may be conducted by means of document review, on-site inspection, etc. | ||||
| 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. Organic products exported from that country or region to China shall be administered in accordance with the provisions of the relevant memorandum. | ||||
| 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 China's relevant laws and regulations on organic products and China's national standards for organic products. | ||||
| Article 20 | Producers, sellers, importers or agents of imported products that need to obtain China organic product certification (hereinafter collectively referred to as entrusting parties for imported organic product certification) shall submit a certification entrustment to a certification body approved by the CNCA. | ||||
| Article 21 | The entrusting party for imported organic product certification 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 technical process, product formula, and inputs used in the production and processing processes shall also be submitted in Chinese. If the application materials do not meet the requirements, the certification body shall not accept the certification entrustment. A certification body engaged in imported organic product certification activities shall comply with the provisions of these Measures and the organic product certification implementation rules, and certification inspection records and inspection reports shall have Chinese versions. | ||||
| 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. | ||||
| Article 23 | Local entry-exit inspection and quarantine institutions shall implement entry verification for 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 verify whether the goods conform to the certificates. If they do not conform, they shall not be allowed to enter the country as organic products. When necessary, entry-exit inspection and quarantine institutions may conduct supervised sampling inspection of declared imported organic products to verify whether their product quality meets the requirements of China's national standards for organic products. | ||||
| Article 24 | Within 30 days from the date of issuing the organic product certification certificate to the entrusting party for imported organic product certification, the certification body shall submit the following written materials to the CNCA: (1) the category, scope and quantity of the certified products; (2) the name, address and contact information of the entrusting party for imported organic product certification; (3) the names, addresses and contact information of the producers and importers of the certified products; (4) copies of the certification certificate and inspection report (Chinese and foreign language versions); and (5) other materials stipulated by the CNCA. | ||||
| Chapter IV | Certification Certificates and Marks | Chapter IV | Certification Certificates and Certification Marks | ||
| Article 22 | The Certification and Accreditation Administration of the People's Republic of China (CNCA) shall prescribe the basic format of organic product certification certificates and the design of organic product certification marks. | Article 25 | The 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. | ||
| Article 23 | An organic product certification certificate shall include the following contents: (1) the name and address of the certified entity or individual; (2) the quantity of certified products, the area of the production site, and the product categories; (3) the category of organic product certification; (4) the standards or technical specifications applied; (5) the scope, quantity, and form or method of use of the organic product certification mark; (6) the certification body, date of issuance, period of validity, and signature of the person in charge; (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. | Article 26 | The period of validity of a certification certificate shall be 1 year. | ||
| Article 24 | The period of validity of an organic product certification certificate shall be one year. | Article 27 | A certification certificate shall include the following contents: (1) the name and address of the certification client; (2) the names and addresses of the producer, processor, and production site (base) of the certified products; (3) the quantity of certified products, the area of the production site (base), and the product categories; (4) the certification category; (5) the national standards or technical specifications applied; (6) the name of the certification body, the signature of its person in charge, the date of issuance, and the period of validity. | ||
| Article 25 | Where a certified entity or individual holding an organic product certification certificate encounters any of the following circumstances during the period of validity of the organic product certification certificate, it shall undergo modification procedures with the organic product certification body: (1) the certified entity or individual has changed; (2) the organic product production or processing entity or individual has changed; (3) the product categories have changed; (4) the organic product conversion period has expired and modification is required. | Article 28 | Where any of the following circumstances occurs to a certified product during the period of validity of the certification certificate, 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 receiving the application for certification certificate modification: (1) the name or legal person nature of the certification client or the organic product production or processing entity has changed; (2) the product categories and quantity have decreased; (3) other circumstances requiring modification of the certification certificate. | ||
| Article 26 | Where a certified entity or individual holding an organic product certification certificate encounters any of the following circumstances during the period of validity of the organic product certification certificate, it shall re-apply for certification with the organic product certification body: (1) the production site (base), processing premises, or business activities have changed; (2) other circumstances where it cannot continuously comply with organic product standards and relevant technical specification requirements. | Article 29 | Where any of the following circumstances occurs, the certification body shall cancel the certification certificate within 30 days and make it public: (1) the period of validity of the certification certificate has expired and no application for renewal has been made; (2) the certified product is no longer produced; (3) the certification client of the certified product applies for cancellation; (4) other circumstances requiring cancellation of the certification certificate. | ||
| Article 27 | Where any of the following circumstances occurs to a certified entity or individual holding an organic product certification certificate, the certification body shall promptly make a decision to suspend or revoke the certification certificate: (1) the certified product cannot continuously comply with the standards and technical specification requirements; (2) the certified entity or individual has changed; (3) the organic product production or processing entity has changed; (4) the product categories do not conform to the certificate; (5) the organic product mark has not been applied or used in accordance with regulations. For revoked certificates, the organic product certification body shall recover them. | Article 30 | Where any of the following circumstances occurs, the certification body shall suspend the certification certificate within 15 days, with a suspension period of 1 to 3 months, and make it public: (1) the certification certificate or certification mark has not been used in accordance with regulations; (2) the production, processing, sales, or other activities or the management system of the certified product do not meet certification requirements, and upon assessment by the certification body, effective corrections or corrective measures can be taken within the suspension period; (3) other circumstances requiring suspension of the certification certificate. | ||
| Article 28 | 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. The China Organic Product Certification Mark bears the Chinese characters “中国有机产品” and the corresponding English word “ORGANIC”. For products produced during the organic product conversion period or processed products using products produced during the conversion period as raw materials, the China Organic Conversion Product Certification Mark shall be used. This mark bears the Chinese characters "中国有机转换产品" and the corresponding English words "CONVERSION TO ORGANIC". | Article 31 | Where any of the following circumstances occurs, the certification body shall revoke the certification certificate within 7 days and make it public: (1) the quality of the certified product does not comply with the mandatory requirements of relevant national laws, regulations, and standards, or substances prohibited by national standards for organic products are detected; (2) substances prohibited by national standards for organic products are used in the production or processing activities of the certified product, or the product is contaminated by prohibited substances; (3) the certification client of the certified product falsely reports or conceals information required for certification; (4) the certification client of the certified product uses the certification mark beyond the permitted scope; (5) the environmental quality of the production site (base) of the certified product does not meet certification requirements; (6) the production, processing, sales, or other activities or the management system of the certified product do not meet certification requirements, and during the suspension period of the certification certificate, no effective corrections or corrective measures have been taken; (7) the certified product has undergone further processing, repackaging, or division outside the production and processing premises specified in the certification certificate; (8) the certification client of the certified product has failed to take effective measures to address major complaints from relevant parties where problems are confirmed; (9) the certification client of the certified product has been subject to relevant administrative penalties for violating laws and regulations related to national agricultural product and food safety management in carrying out organic product certification activities; (10) the certification client of the certified product refuses to accept supervision by the certification regulatory authorities or certification bodies; (11) other circumstances requiring revocation of the certification certificate. | ||
| Article 29 | The organic product certification mark shall be used within the product scope and quantity specified in the organic product certification certificate. The certified entity or individual shall, in accordance with regulations, apply the organic product certification mark to the certified product or the smallest packaging of the product. The certified entity or individual may print the organic product certification mark on the labels, instructions, and advertising materials of the certified product, and may scale it up or down proportionally, but it shall not be distorted or discolored. | Article 32 | The organic product certification mark is the China Organic Product Certification Mark. The China Organic Product Certification Mark bears the Chinese characters “中国有机产品” and the English word “ORGANIC”. | ||
| Article 30 | 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. | Article 33 | The China Organic Product Certification Mark shall be used within the product categories, scope, and quantity specified in the certification certificate. 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 and certified product and its production and processing entity. | ||
| Article 31 | 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”. | Article 34 | The certification client of the certified product shall apply the China Organic Product Certification Mark, organic code, and certification body name to the certified product or the smallest sales packaging of the product. The China Organic Product Certification Mark may be printed on the labels, instructions, and advertising materials of the certified product, and may be scaled up or down proportionally, but it shall not be distorted or discolored. | ||
| Article 32 | Processed products with an organic ingredient content equal to or higher than 95% may be labeled with the word “organic” on the product or its packaging and labels. Processed products with an organic ingredient content lower than 95% and equal to or higher than 70% may be labeled with the words “produced with organic ingredients” on the product or its packaging and labels. Processed products with an organic ingredient content lower than 70% may only indicate in the product ingredient list that a certain ingredient is “organic”. Organic ingredients shall be certified as organic products. | Article 35 | Where any of the following circumstances occurs, no entity or individual may label on the product, the smallest sales packaging of the product, or its labels any textual expressions or designs containing words such as “organic” or “ORGANIC” that may mislead the public into believing that the product is an organic product: (1) the product has not obtained organic product certification; (2) the certified product has undergone further processing, repackaging, or division outside the production and processing premises specified in the certification certificate. | ||
| 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 simultaneously supervise the relevant entity or individual to stop using, temporarily seal up, or destroy the organic product certification mark. | Article 36 | During the suspension period of the certification certificate, the certification client 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 client shall return the certification certificate and unused certification marks to the certification body. | ||
| Chapter V | Supervision and Inspection | Chapter V | Supervision and Administration | ||
| Article 34 | The CNCA shall organize local certification regulatory authorities and relevant entities to conduct supervision and inspection of organic product certification and the production, processing, and sales activities of organic products. Supervision and inspection may take the following forms: (1) organizing peer review; (2) soliciting opinions from certified enterprises or individuals; (3) conducting spot checks on certification and related testing activities, as well as their certification decisions and test results; (4) requiring institutions engaged in organic product certification and testing activities to report on their business operations; (5) conducting spot checks on the use of certificates and marks; (6) inspecting organic products sold on the market; (7) accepting certification complaints and appeals, and investigating and handling certification violations and non-compliant activities. | Article 37 | The CNCA shall organize and implement supervision and inspection and irregular special supervision and inspection of organic product certification activities. | ||
| Article 35 | 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. | Article 38 | Local certification regulatory authorities 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 handle illegal activities in the production, processing, and sales of certified organic products. Entry-exit inspection and quarantine institutions in various localities shall be responsible for supervision and inspection of foreign-invested certification bodies, import organic product certification and sales, and export organic product certification, production, processing, and sales activities. Local quality and technical supervision departments at all levels shall be responsible for supervision and inspection of domestic-funded certification bodies, and organic product certification, production, processing, and sales activities of products produced and processed within China and sold within China. | ||
| Article 36 | Imported organic products shall comply with the provisions of relevant Chinese laws, administrative regulations, and departmental rules, and shall comply with national standards for organic products. | Article 39 | The forms of supervision and inspection by local certification regulatory authorities include: (1) supervision and inspection of whether organic product certification activities comply with the provisions of these Measures and the organic product certification implementation rules; (2) supervisory spot checks on certified products; (3) supervision and inspection of certified product certification, production, processing, import, and sales entities; (4) supervision and inspection of organic product certification certificates and certification marks; (5) supervision and inspection of whether organic product certification consulting activities comply with relevant provisions; (6) investigation and handling of reports on organic product certification and certification consulting activities; (7) investigation and handling of illegal activities in accordance with the law. | ||
| Article 37 | 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. | Article 40 | The CNCA shall regularly publish dynamic information on organic product certification through the information system. Before issuing a certification certificate, the certification body shall promptly submit relevant information on organic product certification to the information system as required and obtain the certification certificate number. Before issuing a certification mark, the certification body shall upload relevant information on the certification mark and organic code to the information system. 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. | ||
| Article 41 | The certification client of certified products, as well as entities and individuals selling organic products, shall establish a sound product quality and safety traceability system and production, processing, and sales record-keeping system during the processes of production, processing, packaging, storage, transportation, and sales. | ||||
| Article 42 | Entities and individuals selling organic products shall, in the activities of purchasing, storing, transporting, and selling organic products, comply with the provisions of national standards for organic products, ensure that the categories, scope, and quantity of organic products sold are consistent with the product categories, 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. | ||||
| 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 supervision and inspection, consumer complaints and reports, and media reports, promptly issue certification risk warning information regarding organic product certification regions, certified products and their certification clients, and certification bodies, and take relevant response measures. | ||||
| Article 44 | Where the certification client of a certified product 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 organic product certification applications from that enterprise and its production bases and processing premises for 5 years. | ||||
| Article 45 | Where 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 CNCA. | ||||
| Article 46 | Any entity or individual may report illegal activities in organic product certification activities to the CNCA or local certification regulatory authorities. The CNCA and local certification regulatory authorities shall promptly investigate and handle the matter and keep the reporter's identity confidential. | ||||
| Chapter VI | Penalty Provisions | Chapter VI | Penalty Provisions | ||
| Article 38 | Where, in violation of Article 20 of these Measures, organic product certification is implemented for processed products with an organic ingredient content lower than 95%, an order to correct shall be issued, and a fine of 20,000 yuan shall be imposed. | Article 47 | 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. | ||
| Article 39 | Where the provisions of Article 21 of these Measures are violated, an order to correct shall be issued, and a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed. | Article 48 | 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. Where, in violation of the provisions of Article 40, Paragraph 2 of these Measures, a certification body independently compiles a certification certificate number on a certification certificate it issues, it shall be deemed as forging a certification certificate. | ||
| Article 40 | Where the provisions of Article 29, Article 30, and Article 31 of these Measures are violated, an order to correct shall be issued, and a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed. | Article 49 | Where, 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 products outside the organic product certification catalog, an order to correct shall be issued, and a fine of 30,000 yuan shall be imposed; where there are illegal gains, the illegal gains shall be confiscated. | ||
| Article 41 | Where the provisions of Article 32 of these Measures are violated, an order to correct shall be issued, and a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed. | Article 50 | Where, in violation of the provisions of Article 35 of these Measures, textual expressions or designs containing words such as “organic” or “ORGANIC” that may mislead the public into believing that the product is an organic product are labeled on the product or its packaging and labels, local certification regulatory authorities shall order correction and impose a fine of not more than 30,000 yuan. | ||
| Article 42 | Other illegal activities such as forging, fraudulently using, trading, or transferring organic product certification certificates or certification marks shall be penalized in accordance with the provisions of relevant laws, administrative regulations, and departmental rules. | Article 51 | Under any of the following circumstances, the Certification and Accreditation Administration of the People's Republic of China (CNCA) shall order the certification body to make corrections, issue a warning, and make the matter public: | ||
| Article 43 | 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. | Article 52 | Where a certification body, in violation of the provisions of Article 14 of these Measures, issues a number of organic product sales certificates exceeding the actual quantity of organic products produced or processed by the certification client of the certified product, it shall be ordered to make corrections and shall be fined not less than 10,000 yuan but not more than 30,000 yuan. | ||
| Article 53 | Where a certification body, in violation of the provisions of Article 16 of these Measures, conducts organic certification for processed products with an organic ingredient content of less than 95%, the local certification and supervision department shall order it to make corrections and shall impose a fine of not more than 30,000 yuan. | ||||
| Article 54 | Where a certification body, in violation of the provisions of Article 30 or Article 31 of these Measures, fails to promptly suspend or revoke the certification certificate and make the matter public, 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. | ||||
| Article 55 | Under any of the following circumstances, the certification client shall be ordered by the local certification and supervision department to make corrections and shall be fined not less than 10,000 yuan but not more than 30,000 yuan: | ||||
| Article 56 | Where a certification body or the certification client of a certified product refuses to accept supervision and inspection by the CNCA or the local certification and supervision department, it shall be ordered to make corrections within a specified time limit; if it fails to make corrections within the time limit, it shall be fined not more than 30,000 yuan. | ||||
| Article 57 | Where, during the entry inspection and quarantine of imported organic products, a person fails to truthfully provide the true information of the imported organic products, obtains relevant certificates and documents from the 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 penalize the person in accordance with the provisions of Article 46 of the Regulations for the Implementation of the Law of the People's Republic of China on Import and Export Commodity Inspection. | ||||
| 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. | ||||
| Chapter VII | Supplementary Provisions | Chapter VII | Supplementary Provisions | ||
| Article 44 | Organic product certification fees shall be charged in accordance with the provisions of relevant national price laws and administrative regulations. | Article 59 | Organic product certification fees shall be charged in accordance with the provisions of relevant national price laws and administrative regulations. | ||
| Article 45 | These Measures shall be interpreted by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China. | Article 60 | Exported organic products shall meet the requirements of the importing country or region. | ||
| Article 46 | These Measures shall come into force as of April 1, 2005. | Article 61 | For the purposes of these Measures, "organic ingredients" means any substance used in the manufacture or processing of organic products and present in the product (including in modified form), including additives. | ||
| Article 62 | These Measures shall be interpreted by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China. | ||||
| Article 63 | These Measures shall come into force as of 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. | ||||
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