CNCA Registration [2012] No. 53文章源自FOFCC-http://fofcc.org.cn/en/11389/
To the Quality Supervision and Inspection Bureaus of all provinces, autonomous regions, and municipalities directly under the Central Government, the Quality Supervision and Inspection Bureau of the Xinjiang Production and Construction Corps, all directly affiliated Entry-Exit Inspection and Quarantine Bureaus, and all organic product certification bodies:
To implement the requirements regarding launching a special rectification campaign for organic product certification marks and other matters as set out in the “Circular of the General Office of the State Council on Printing and Distributing the Key Points for the National Work on Combating Intellectual Property Rights Infringement and the Manufacture and Sale of Counterfeit and Shoddy Goods in 2012” (Guobanfa 〔2012〕 No. 30) and the "Circular on Printing and Distributing the 'Work Plan for the Quality Inspection Sword Action of the National Quality Inspection System'" (Guozhijianzhi 〔2012〕 No. 134), to severely crack down on the counterfeiting of organic products, and to enhance consumer confidence in organic products, our Commission has decided to organise and carry out a special rectification campaign for organic product certification marks. The specific matters are hereby notified as follows:
1. Scope of the special rectification
The issuance and usage of organic product certification marks and certificate by certification bodies, certified enterprises, and sales locations (mainly including large and medium-sized supermarkets, specialty stores, wholesale markets, and online platforms for organic product sales and distribution such as Taobao, Boyang Organic, Zhenggu Organic Farm, Shanghai Heliekang, Ouge Organic Farm, Tootoo Organic Farm, Nanjing Baiyouji, and Jiajia e-Gou).
2. Implementation Steps and Content
(1) Phase One - Publicity, Education and Remediation Phase (July - September)
1. Quality inspection departments at all levels should adhere to the principle of “integrating regulation into service”, go deep into production and sales premises, combine this with activities such as Quality Month, and use methods such as seminars, visits and training to strengthen the promotion of organic product certification regulations, standards and the organic product/organic product certification mark traceability system among manufacturing enterprises, sales entities and consumers; organise certified enterprises, sales entities and certification bodies within their jurisdiction to conduct self-inspections and rectifications in accordance with the requirements of organic product regulations and standards; help relevant certification bodies and certified enterprises establish and improve management systems for organic product certification marks; urge sellers to procure, store, transport and sell organic products in strict accordance with the requirements of the national standard for Organic Products; and enhance consumers“ ability to distinguish genuine products from counterfeits. At the same time, they should ascertain the distribution of organic product production, certification and sales within their jurisdiction, laying the foundation for further strengthening the regulation of organic product certification.
2. All organic product certification bodies must continue to comply with our committee's requirements for submitting information on organic product certification marks, further improve and strictly enforce the management system for organic product certification marks, and ensure that the uploaded data format, quality, and timeliness meet the requirements of the information system. With a responsible attitude towards certified enterprises, they must further strengthen the comprehensive publicity and implementation of organic product certification regulations and standards for their certified enterprises, urging them to strictly use organic product certification marks, organic codes, and other identifiers in accordance with regulatory and standard requirements. They should take effective measures to reduce the costs of printing and using marks, helping certified enterprises develop healthily. They must carefully analyse and investigate quality and safety risks in the management of organic product certification marks and organic codes, as well as in the organic product certification process. For certified enterprises that should use organic product certification marks, organic codes, and other identifiers but still refuse or improperly use them after education and publicity, appropriate certificate must be dealt with promptly in accordance with relevant regulations and rules, while actively cooperating with quality inspection departments to carry out relevant publicity, supervision, and handling work.
(2) Stage 2: Intensive Remediation Stage (October–November)
Quality inspection departments at all levels shall, in accordance with the requirements set out in the “Notice on Further Strengthening the Supervision of Organic Products” (Guo Zhi Jian Ren Lian [2012] No. 214) issued by the General Administration of Quality Supervision, Inspection and Quarantine, the State Administration for Industry and Commerce, and the Certification and Accreditation Administration,proactively seek the support of departments such as the Administration for Industry and Commerce, and actively organise and carry out special rectification campaigns targeting production enterprises, sales outlets and certification bodies within their jurisdictions; furthermore, in accordance with the provisions of laws and regulations such as the “Product Quality Law”, the “Law on the Inspection of Imported and Exported Commodities”, the “Regulations on Certification”, and the “Measures for the Administration of Certification Bodies”, they shall focus on investigating and penalising the following: 1.acts involving the forgery, unauthorised use, or use beyond the permitted period, scope or quantity of organic product certification marks, organic codes and similar identifiers;2. Failure to use the organic product certification mark, organic codes and other identifiers in accordance with the regulations and standards governing organic product certification; 3. Forging, altering, misappropriating, illegally trading, transferring or tampering with organic product certificates and certificates issued using serial numbers independently compiled by certification bodies;4. The unauthorised use on products, product packaging or labels of text such as ‘organic’, ‘organic product’, ‘product in conversion to organic’, ‘ORGANIC’ or ‘CONVERSION TO ORGANIC’ that misleads the public into believing the product is organic;5. Failure by a certification body to promptly suspend or revoke a certificate issued to an enterprise found to be in breach of regulations; 6. Re-packaging, portioning or affixing organic product certification marks to organic products outside the production or processing premises specified on the certificate; 7. Failing to provide accurate information regarding imported organic products or evading inspection.
Where suspected illegal and irregular activities discovered during the special rectification fall within the regulatory remit of departments such as industry and commerce, they shall be referred to the relevant departments in a timely manner, and referral records shall be properly maintained.
(3) Stage 3: Summary and Consolidation Stage (December)
Quality inspection departments at all levels shall compile, analyse and summarise the status of the special rectification campaign in stages, promptly analyse and resolve problems discovered during the campaign, promptly summarise and promote good practices and experiences from the campaign, and promptly publicise and report the achievements made and typical cases of the campaign.
3. Related Requirements
All provincial quality inspection departments and certification bodies must strictly follow the requirements of this notice, conscientiously plan and organise the implementation of related work, and submit the statistical tables for the first and second stages (Attachments 1 and 2) by 20 September and 20 November respectively. A written summary of the special work must be submitted by 20 December.
Contact: Wang Maohua, Yang Zhigang
Telephone: 010-82262708 82262765
Email: wangmh@cnca.gov.cn
Fax: 010-82260757文章源自FOFCC-http://fofcc.org.cn/en/11389/
Enclosure: 1. Statistical Table on the Use of Organic Product Certification Marks by Certified Enterprises (For Certification Bodies)
2. Special rectification statistical table for organic product certification marks (for local regulatory authorities)
3.Clarification on issues relating to the issuance and use of organic product certification marks文章源自FOFCC-http://fofcc.org.cn/en/11389/
2nd July 2012文章源自FOFCC-http://fofcc.org.cn/en/11389/