Chapter 1 General provisions文章源自FOFCC-http://fofcc.org.cn/en/11222/
These Measures are formulated in accordance with relevant laws and administrative regulations, such as the Certification accreditation Regulations of the People's Republic of China, in order to promote the development of organic product production, processing and trade, standardise organic product certification activities, improve the quality and management standards of organic products, and protect the ecological environment.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 2 For the purposes of these Measures, organic products refer to products derived from agricultural production, processing and sales that comply with the national standards for organic products and are intended for human consumption or animal feed.文章源自FOFCC-http://fofcc.org.cn/en/11222/
For the purposes of these Measures, organic product certification refers to the activity in which a certification body evaluates the production and processing processes of organic products in accordance with the national standards for organic products and the provisions of these Measures.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 3 These Measures shall apply to organic product certification activities as well as the production, processing and sale of organic products within the territory of the People's Republic of China.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 4 The State accreditation Certification Supervision and Administration Commission (hereinafter referred to as ‘cnca’) is responsible for the unified management, comprehensive coordination and supervision of organic product certification activities.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Local departments of quality supervision and inspection and local entry-exit inspection and quarantine agencies (hereinafter collectively referred to as local certification supervision and administration departments) shall, in accordance with their respective duties, lawfully conduct supervision and inspection of organic product certification activities within their respective jurisdictions.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 5 The State shall formulate uniform basic codes and rules for organic product certification, a uniform conformity assessment procedure, uniform standards, and a uniform mark.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 6 The State carries out international mutual recognition of organic product certification accreditation in accordance with the principles of equality and mutual benefit.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Bodies engaged in organic product certification (hereinafter referred to as organic product certification bodies) shall carry out related mutual recognition activities in accordance with the organic product certification mutual recognition agreements signed externally under cnca.文章源自FOFCC-http://fofcc.org.cn/en/11222/
文章源自FOFCC-http://fofcc.org.cn/en/11222/
Chapter 2 Organisation Management文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 7 Organic product certification bodies shall be established in accordance with the law, possess the basic conditions stipulated in the Certification accreditation Regulations of the People's Republic of China and the technical capability to engage in organic product certification, and may only engage in organic product certification activities after obtaining the accreditation of the accreditation institution (hereinafter referred to as the accreditation institution) determined by cnca.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Where overseas organic product certification bodies carry out organic product certification activities within China, they shall comply with the ‘Regulations of the People’s Republic of China on Certification’, other relevant laws and administrative regulations, and the relevant provisions of these Measures.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 8: Inspectors engaged in organic product certification may only engage in organic product certification activities after being registered by the accreditation organisation.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 9: Institutions engaged in environmental testing of production areas (bases) and product sample testing related to organic product certification (hereinafter referred to as organic product testing institutions) shall possess the corresponding testing conditions and capabilities, and shall have passed metrological certification or obtained laboratory accreditation.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 10 cnca shall approve organic product certification bodies that meet the provisions of Article 7 of these Measures.文章源自FOFCC-http://fofcc.org.cn/en/11222/
cnca shall periodically publish a list of organic product certification bodies and organic product testing bodies that comply with the provisions of Articles 7 and 9 of these Measures. Certification bodies and product testing bodies not listed in the directory shall not engage in organic product certification and related testing activities.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Chapter 3 Authentication Implementation文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 11 Certification bodies for organic products shall implement organic product certification in accordance with the national standards for organic products.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Organic products for export shall comply with the special requirements of the importing country or region.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 12 Organic product certification bodies shall make public information such as the standards used as the basis for organic product certification, the basic certification specifications, rules, and charging standards.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 13 Organic product production and processing units and individuals or their agents (hereinafter collectively referred to as applicants) may voluntarily apply for organic product certification to an organic product certification body. When applying, the following written materials shall be submitted:文章源自FOFCC-http://fofcc.org.cn/en/11222/
(1) Applicant's name, address and contact details;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(2) Regional scope of the product's origin (base), production and processing scale;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(3) Product production, processing or sales plans;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(4) an environmental description of the place of origin (base), processing or sales site;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(5) Quality management system documentation that meets the requirements for organic product production and processing;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(6) Documentary evidence of the qualifications of relevant professional, technical and managerial personnel;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(7) A statement guaranteeing compliance with organic product standards, technical specifications, and other special requirements;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(8) Other materials.文章源自FOFCC-http://fofcc.org.cn/en/11222/
If the applicant is not the direct producer or processor of the organic products, they shall also provide a written contract signed with the producer or processor of the organic products.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 14. An organic product certification body shall, within 10 days from the date of receiving the applicant's written application, complete the review of the application materials and make a decision on whether to accept it; if the application is not accepted, it shall notify the applicant in writing and state the reasons.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 15: After accepting an application for organic product certification, the organic product certification body shall carry out certification activities in accordance with the procedures stipulated in the basic norms and rules for organic product certification, ensure the integrity, objectivity, and authenticity of the organic product certification process and other procedures, make complete records of the certification process, and archive them for retention.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 16 Organic product certification bodies shall promptly make certification conclusions in accordance with the requirements of relevant standards or technical specifications, and ensure the objectivity and authenticity of the certification conclusions.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Organic product certification bodies shall be responsible for the certification conclusions they issue.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 17 For those that meet the requirements for organic product certification, the organic product certification body shall issue an organic product certificate to the applicant and permit them to use the China organic product certification mark; for those that do not meet the certification requirements, it shall notify the applicant in writing and explain the reasons.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 18 For products produced during the conversion period in accordance with the national standards for organic products, or processed products using products produced during the conversion period as raw materials, the words “conversion” and the conversion period shall be indicated on the certificate, and the China organic conversion product certification mark shall be used.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 19. Organic product certification bodies shall, in accordance with regulations, conduct effective follow-up inspections of certified entities, individuals, and products to ensure that certification conclusions can continuously meet certification requirements.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 20 Organic product certification bodies shall not grant organic certification to processed products in which the content of organic ingredients (by weight or liquid volume, excluding water and salt) is less than 95%.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 21: Units and individuals that produce, process, and sell organic products, as well as organic product certification bodies, shall take effective measures to sell organic products in accordance with the product scope and quantity determined by certificate, ensuring consistency between the production and sales quantities of organic products.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Chapter 4 certificate and Signs文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 22 specifies the basic format of the organic product cnca and the style of the organic product certification mark certificate.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 23 Organic product certificate shall include the following contents:文章源自FOFCC-http://fofcc.org.cn/en/11222/
(1) Names and addresses of certified organisations and individuals;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(2) the quantity, place of origin area, and product types of the certified products;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(3) categories of organic product certification;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(4) The standards or technical specifications relied upon;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(5) The scope, quantity, format or method of use of the organic product certification mark;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(6) Issuing organisation, date of issue, period of validity and signature of the person in charge;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(7) Products produced during the organic product conversion period, or processed products made using products produced during the conversion period as raw materials, shall be marked with the words “conversion” and the conversion period.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 24: The validity period of the certificate certificate for organic products is one year.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 25: Any organisation or individual holding an organic product certificate certificate shall, during the validity period of the organic product certificate certificate, complete the necessary amendment procedures with the organic product certification body should any of the following circumstances arise:文章源自FOFCC-http://fofcc.org.cn/en/11222/
(1) The certified entity or individual undergoes a change;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(2) The unit or individual producing or processing organic products changes;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(3) changes to the product range;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(4) Where any changes are required upon the expiration of the conversion period for organic products.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 26: Units or individuals that have obtained organic product certificate certificates must re-apply for certification to the organic product certification body if any of the following circumstances occur during the period of validity of the organic product certificate certificate:文章源自FOFCC-http://fofcc.org.cn/en/11222/
(1) Changes occur to the place of origin (base), processing site, or business operations;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(2) Any other circumstances where it is unable to continuously comply with the organic product standards and relevant technical specification requirements.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 27: If an organisation or individual that has obtained organic product certificate certification commits any of the following acts, the certification body shall promptly make a decision to suspend or withdraw the certificate certification:文章源自FOFCC-http://fofcc.org.cn/en/11222/
(1) the certified product fails to continuously comply with the requirements of standards or technical specifications;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(2) The certified organisation or individual undergoes a change;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(3) where there is a change in the organic product production or processing unit;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(4) the product type does not match the certificate;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(5) failure to apply or use organic product labels in accordance with regulations.文章源自FOFCC-http://fofcc.org.cn/en/11222/
The organic product certification body shall retrieve revoked certificates.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 28: The organic product certification marks are divided into the China Organic Product Certification Mark and the China Organic Transition Product Certification Mark; the designs are set out in the Annex.文章源自FOFCC-http://fofcc.org.cn/en/11222/
The China organic product certification mark features the Chinese characters “中国有机产品” and the corresponding English word (ORGANIC).文章源自FOFCC-http://fofcc.org.cn/en/11222/
Products produced during the organic conversion period, or processed products made from raw materials produced during that period, shall bear the “China Organic Conversion Product” certification mark. This mark bears the Chinese text ‘中国有机转换产品’ and the corresponding English text ‘CONVERSION TO ORGANIC’.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 29 The organic product certification mark shall be used within the scope and quantity of organic products as specified in certificate.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Certified organisations or individuals must apply the organic product certification mark to certified products or the smallest packaging of the products in accordance with regulations.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Certified organisations or individuals may print the organic product certification mark on the labels, manuals, and promotional materials of certified products, and may enlarge or reduce it proportionally, provided that neither its shape nor colour is distorted.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 30 When applying the organic product certification mark on the certified product or its smallest packaging, the logo or name of the organic product certification body shall be indicated in an adjacent position, and its related patterns or text shall not be larger than the organic product certification mark.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 31 Products that have not obtained organic product certification shall not bear the words “organic product”, “conversion to organic product” (“ORGANIC”, “CONVERSION TO ORGANIC”), or other misleading expressions such as “ pollution-free” or “purely natural” on the product, its packaging, or labels.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 32: Processed products with an organic ingredient content equal to or higher than 95% may be labelled with the word “organic” on the product, its packaging, or its labels.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Processed products containing between 70 per cent and 95 per cent organic ingredients may bear the words “Produced with organic ingredients” on the product itself, its packaging or its label.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Processed products with an organic ingredient content of less than 70% may only indicate that a specific ingredient is “organic” in the list of ingredients.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Organic ingredients should be certified as organic products.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 33 At the same time as making a decision to revoke or suspend the use of organic product certificate, the organic product certification body shall supervise the relevant unit or individual to stop using, temporarily seal up or destroy the organic product certification mark.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Chapter 5 Supervisory Inspection文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 34 cnca shall organise local certification supervision and administration departments and relevant bodies to carry out supervision and inspection of organic product certification, as well as the production, processing and sale of organic products. Such supervision and inspection may be conducted in the following ways:文章源自FOFCC-http://fofcc.org.cn/en/11222/
(1) to organise peer reviews;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(2) seeking feedback from the certified enterprise or individual;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(3) Conduct spot checks on certification and related testing activities, as well as on certification decisions and test results;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(4) requiring bodies engaged in organic product certification and testing activities to report on their business operations;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(5) carry out random inspections on the use of certificates and marks;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(6) inspecting organic products offered for sale;文章源自FOFCC-http://fofcc.org.cn/en/11222/
(7) To receive complaints and appeals relating to certification, and to investigate and deal with illegal and non-compliant conduct in relation to certification.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 35. Production and processing units or individuals that have obtained organic product certification, as well as units or individuals engaged in the sale of organic products, shall, throughout the processes of production, processing, packaging, transport, storage and marketing, establish a comprehensive traceability system and a system for maintaining records of production, processing and sales in accordance with the national standards for organic products and the provisions of these Measures.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 36 Imported organic products shall comply with the relevant Chinese laws, administrative regulations and departmental rules, and shall conform to the national standards for organic products.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 37: Where an applicant has objections to the certification findings or a decision taken by an organic product certification body, they may lodge an appeal with the certification body that issued the findings or decision; where they continue to have objections to the certification body’s final decision, they may lodge an appeal or complaint with cnca.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Chapter 6 Penalties文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 38: Any person who, in contravention of Article 20 of these Measures, grants organic product certification to a processed product containing less than 95 per cent organic ingredients shall be ordered to rectify the breach and shall be liable to a fine of 20,000 yuan.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 39. Any breach of the provisions of Article 21 of these Measures shall result in an order to rectify the breach and a fine of not less than 10,000 yuan and not more than 30,000 yuan.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 40. Anyone who violates the provisions of Articles 29, 30 and 31 of these Measures shall be ordered to make corrections, and shall be fined not less than 10,000 yuan and not more than 30,000 yuan.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 41: Any breach of the provisions of Article 32 of these Measures shall result in an order to rectify the breach and a fine of not less than 10,000 yuan and not more than 30,000 yuan.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 42: Other illegal acts such as forging, fraudulently using, buying, selling, or transferring organic product certificate and certification marks shall be punished in accordance with the provisions of relevant laws, administrative regulations, and departmental rules.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Article 43: Where organic product certification bodies, organic product testing institutions, or personnel engaged in organic product certification activities issue false certification conclusions or certification conclusions that seriously fail to match reality, penalties shall be imposed in accordance with the provisions of Chapter VI of the Certification accreditation Regulations of the People's Republic of China.文章源自FOFCC-http://fofcc.org.cn/en/11222/
Chapter 7: Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/en/11222/
第四十四条 有机产品认证收费应当按照国家有关价格法律、行政法规的规定执行。文章源自FOFCC-http://fofcc.org.cn/en/11222/
第四十五条 本办法由国家质量监督检验检疫总局负责解释。文章源自FOFCC-http://fofcc.org.cn/en/11222/
第四十六条 本办法自2005年4月1日起施行。文章源自FOFCC-http://fofcc.org.cn/en/11222/