Administrative Measures for Organic Product Certification文章源自FOFCC-http://fofcc.org.cn/en/11397/
(Draft for Comments)文章源自FOFCC-http://fofcc.org.cn/en/11397/
Chapter 1 General Provisions文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 1 (Legislative Purpose and Basis) These Measures are formulated in accordance with the provisions of the Product Quality Law of the People's Republic of China, the Law of the People's Republic of China on Import and Export Commodity Inspection and its Implementing Regulations, the Certification and Accreditation Regulation of the People's Republic of China, and other laws and administrative regulations, for the purposes of promoting the development of organic product production, processing and trade, strengthening the administration of organic product certification, safeguarding the lawful rights and interests of producers, sellers and consumers, and promoting ecological environmental protection and sustainable development.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 2 (Relevant Definitions) For the purposes of these Measures, "organic products" means products for human consumption or animal feeding, the production, processing and sales activities of which comply with the national standards for organic products of China.文章源自FOFCC-http://fofcc.org.cn/en/11397/
For the purposes of these Measures, "organic product certification" means conformity assessment activities carried out by certification bodies in accordance with the provisions of these Measures and the implementation rules for organic product certification, to certify that the production, processing and sales activities of the relevant products comply with the national standards for organic products of China.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 3 (Scope of Application) Engaging 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.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 4 (Administrative System) The Certification and Accreditation Administration of the People's Republic of China (hereinafter referred to as the CNCA) shall be responsible for the unified administration, supervision and comprehensive coordination of organic product certification nationwide.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Local quality and technology supervision departments and local entry-exit inspection and quarantine agencies (hereinafter collectively referred to as local certification regulatory authorities) shall, in accordance with the division of responsibilities, 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/en/11397/
Article 5 (Unified System) The State shall implement a unified organic product certification system, with a unified certification catalogue, unified standards and certification implementation rules, and a unified certification mark.文章源自FOFCC-http://fofcc.org.cn/en/11397/
cnca is responsible for formulating and adjusting the organic product certification catalogue and certification implementation rules, and publishing them externally.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 6 (International Cooperation and Mutual Recognition) 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/en/11397/
International mutual recognition activities for organic product certification shall be conducted within the framework of international cooperation agreements signed by the CNCA with foreign counterparts.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Chapter 2 Authentication Implementation文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 7 (Requirements for Certification Bodies and Personnel) An organic product certification body (hereinafter referred to as a certification body) shall be approved by the CNCA and shall obtain legal person status in accordance with the law before it may engage in organic product certification activities.文章源自FOFCC-http://fofcc.org.cn/en/11397/
The ability of a certification body to carry out certification activities shall comply with the requirements of relevant national standards for product certification bodies.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Inspectors engaged in organic product certification inspection activities shall be registered with the national certification personnel registration body before they may engage in organic product certification inspection activities.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 8 (Certification Entrustment) Organic product producers and processors (hereinafter collectively referred to as certification clients) may voluntarily entrust a certification body to conduct organic product certification and shall submit the application materials specified in the implementation rules for organic product certification.文章源自FOFCC-http://fofcc.org.cn/en/11397/
A certification body shall not accept certification applications from certification clients in areas that do not meet the environmental requirements for organic product production sites as prescribed by the State, or for products outside the organic product certification catalogue.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 9 (Document Review) A certification body shall, within 10 days from the date of receipt of the certification client's application materials, complete the document review and make a decision on whether to accept the application. If the application is not accepted, the certification body shall notify the certification client in writing and state the reasons.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Within 5 days prior to carrying out inspection on the certification client, the certification body shall submit basic information such as the certification client and the certification inspection scheme to the information system designated by cnca.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 10 (On-site Inspection, Product Testing and Environmental Monitoring) After accepting a certification entrustment, a certification body shall, in accordance with the provisions of the implementation rules for organic product certification, have certification inspectors conduct on-site inspections of the organic product production and processing premises, and shall entrust a testing institution with statutory qualifications to test the products applied for certification.文章源自FOFCC-http://fofcc.org.cn/en/11397/
In accordance with the provisions of the implementation rules for organic product certification, where origin (base) environmental monitoring and testing is required, the monitoring and testing report shall be issued by a legally qualified monitoring and testing agency, or other lawful and valid environmental monitoring and testing conclusions provided by the certification applicant may be accepted.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 11 (Issuance of Certification Certificate) If the organic product certification requirements 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/en/11397/
Certification bodies and certification personnel shall be responsible for the certification conclusions they render.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 12 (Record Requirements) A certification body shall ensure that the certification process is complete, objective and authentic, and shall make complete records of the certification process, keep them on file, and ensure that the certification process and results are traceable.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Product testing and environmental monitoring (inspection) institutions shall ensure that testing and monitoring conclusions are authentic and accurate, and shall make complete records of the testing and monitoring process and keep them on file. Product testing and environmental monitoring institutions and their relevant personnel shall be responsible for the content and conclusions of the testing and monitoring reports they issue.文章源自FOFCC-http://fofcc.org.cn/en/11397/
The record retention period stipulated in this Article shall be 5 years.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 13 (Follow-up Inspection) A certification body shall, in accordance with the provisions of the certification implementation rules, carry out effective follow-up inspections of certified products and their production and processing processes, so as to ensure that the certification conclusions continue to meet the certification requirements.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 14 (Sales Certificate) 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 organic products sold by the certification client of the certified products are consistent with the product category, scope and quantity stated in the certification certificate.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 15 (Certification of Processed Products with Organic Ingredients) A processed product with an organic ingredient content (referring to weight or liquid volume, excluding water and salt) equal to or higher than 95% may only have the word “organic” applied to the product or its packaging and labels and use the organic product certification mark after obtaining organic product certification.
Article 16 (Prohibitive Provisions on Certification of Organic Ingredients) A certification body shall not conduct organic certification for processed products with an organic ingredient content (referring to weight or liquid volume, excluding water and salt) lower than 95%.文章源自FOFCC-http://fofcc.org.cn/en/11397/
A processed product with an organic ingredient content (referring to weight or liquid volume, excluding water and salt) lower than 95% and equal to or higher than 70% may only have the words “made with organic ingredients” applied to the product or its packaging and labels; a processed product with an organic ingredient content (referring to weight or liquid volume, excluding water and salt) lower than 70% may only indicate in the product ingredient list that a certain ingredient is “organic”.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Chapter III Import of organic products文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 17 (Equivalence Assessment) 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 applications for equivalence assessment of imported organic product certification systems and organize relevant experts to assess the submitted applications.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Assessments can be conducted through document reviews, inspection, and other methods.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 18 (Imported Organic Products under Signed Memoranda) Where the organic product certification system of a country or region that exports organic products to China is equivalent to China's organic product certification system, the CNCA may sign a relevant memorandum with its competent department.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Organic products exported to China from this country or region shall be managed in accordance with the provisions of relevant Memoranda of Understanding.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 19 (Certification of Imported Organic Products) Where imported products from a country or region that has not signed a relevant memorandum with the CNCA on the equivalence of organic product certification systems are intended to be exported to China as organic products, they shall comply with the requirements of China's organic product laws and regulations and national standards.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 20 (Entrustment for Certification of Imported Organic Products) Manufacturers, sellers, importers or agents of imported products that need to obtain China organic product certification (hereinafter collectively referred to as certification clients for imported organic products) shall submit a certification entrustment to a certification body approved by the CNCA.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 21 Applicants for the certification of imported organic products shall submit relevant application materials and documents to the certification body in accordance with the provisions of the implementation rules for organic product certification. Among them, the application materials and documents such as the application form, questionnaire, processing flow chart, product formula, and inputs used in the production and processing processes shall be submitted in Chinese versions at the same time. If the application materials do not meet the requirements, the certification body shall not accept the application for certification.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Certification bodies engaging in the certification activities of imported organic products shall comply with the provisions of these Measures and the implementation rules for organic product certification, and certification inspection records and inspection reports, etc., shall have Chinese versions.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 22 (Declaration for Entry Inspection and Quarantine) When declaring imported organic products for inspection and quarantine, documents such as the Chinese-language certification certificate for imported organic products, a copy of the organic product sales certificate, product labels and certification marks shall be submitted.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 23 (Entry Verification) Local entry-exit inspection and quarantine institutions shall carry out entry verification of declared imported organic products, inspect documents such as certification certificates, product labels and certification marks, and organic product sales certificates, and check whether the goods conform to the certificates. If verification fails, the products shall not enter the country as organic products.文章源自FOFCC-http://fofcc.org.cn/en/11397/
When necessary, entry-exit inspection and quarantine institutions may conduct sampling inspection of declared imported organic products to verify whether their product quality meets the requirements of China's national standards for organic products.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 24 (Overseas Organic Product Certification) Within 30 days from the date of issuing an organic product certification certificate to a certification client for imported organic products, the certification body shall submit the following written materials to the CNCA:文章源自FOFCC-http://fofcc.org.cn/en/11397/
(1) The category, scope and quantity of the certified products;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(2) The name, address and contact information of the certification client for imported organic products;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(3) The name, address and contact information of the manufacturer of the certified products;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(4) certificate and copies of inspection reports (in Chinese and foreign languages);文章源自FOFCC-http://fofcc.org.cn/en/11397/
(5) Other materials specified in cnca.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Chapter 4 certificate and certification marks文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 25 (Body Formulating Certificates and Marks) The CNCA shall be responsible for formulating the basic format and numbering rules of organic product certification certificates and the design and numbering rules of the certification mark.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 26 (Validity Period of Certificate) The validity period of a certification certificate shall be one year.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 27 (Contents of Certification Certificate) 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 place of origin (base) of the certified product;
(3) The quantity of certified products, the area of the place of origin (base), and the product types;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(4) Certification category;
(5) The national standards or technical specifications on which it is based;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(6) The name of the certification body and the signature of its responsible person, the date of issuance, and the validity period.
Article 28 (Certificate Modification) During the validity period of a certification certificate, under any of the following circumstances, 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 certificate modification:文章源自FOFCC-http://fofcc.org.cn/en/11397/
(1) Where there is a change in the name or legal nature of the certification client, or the organic product production or processing unit;
(2) The product type and quantity are reduced;
(3) Modification is required upon expiration of the organic product conversion period;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(4) Other circumstances requiring modification.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 29 (Cancellation of Certification Certificate) Under any of the following circumstances, the certification body shall cancel the certification certificate within 30 days and announce it to the public:文章源自FOFCC-http://fofcc.org.cn/en/11397/
(1) The validity period of certificate has expired and no application for renewal has been made;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(2) the certified products are no longer produced;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(3) the certification applicant for the certified product applies for cancellation;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(4) Other circumstances under which cancellation shall be made in accordance with the law.
Article 30 (Suspension of Certification Certificate) Under any of the following circumstances, the certification body shall suspend the certification certificate within 15 days, with a suspension period of 1 to 3 months, and announce it to the public:文章源自FOFCC-http://fofcc.org.cn/en/11397/
(1) Failure to use the certification certificate or certification mark in accordance with the provisions;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(2) The production, processing, sales and other activities or the management system of the certified product do not comply with the certification requirements, and the certification body assesses that effective correction or corrective actions can be taken within the suspension period;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(3) Any other circumstances requiring the suspension of certificate.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 31 (Revocation of Certification Certificate) Under any of the following circumstances, the certification body shall revoke the certification certificate within 7 days and announce it to the public:文章源自FOFCC-http://fofcc.org.cn/en/11397/
(1) The quality of the certified product fails to comply with the mandatory requirements of relevant national regulations and standards, or substances prohibited by the national standards for organic products are detected in it;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(2) banned substances under the national standards for organic products are used, or contamination by banned substances occurs, during the production and processing activities of the certified products;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(3) the applicant for certification of the certified product falsely reports or conceals information required for certification;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(4) where the applicant for certification of the certified product uses the certification mark beyond the authorised scope;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(5) the environmental quality of the place of origin (base) of the certified product does not meet the certification requirements;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(6) where the production, processing, sales and other activities or management system of the certified product do not meet the certification requirements, and no effective correction or corrective measures are taken during the certificate suspension period;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(7) the certified products have been further processed, repackaged or cut outside the production and processing sites specified in certificate;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(8) The certification client of the certified products fails to take effective measures to handle major complaints from relevant parties;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(9) The certification client of the certified products is subject to relevant administrative penalties for violating relevant laws and regulations on national agricultural product and food safety management;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(10) the certified product's certification client refuses to accept supervision implemented by the certification regulatory authority or certification body over it;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(11) Other circumstances under which the certification certificate needs to be revoked.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 32 (Certification Mark) The organic product certification mark shall be the China Organic Product Certification Mark.文章源自FOFCC-http://fofcc.org.cn/en/11397/
The China Organic Product Certification Mark shall bear the Chinese words “中国有机产品” and the English word (ORGANIC).文章源自FOFCC-http://fofcc.org.cn/en/11397/
The design is as follows:文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 33 (Provisions on the Use of the Certification Mark) The China Organic Product Certification Mark shall be used within the product scope and quantity specified in the certification certificate.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Certification bodies shall assign a unique number (hereinafter referred to as the ‘organic code’) to each certification mark in accordance with the uniform numbering rules of cnca, and shall employ effective anti-counterfeiting and traceability technologies to ensure that every certification mark issued can be traced back to its corresponding certificate, the certified product and the relevant production and processing units.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 34 (Provisions on the Use of the Certification Mark) The certification client of a certified product shall affix the China Organic Product Certification Mark, its organic code, and the name or logo of the certification body on the certified product or the smallest sales package of the product.文章源自FOFCC-http://fofcc.org.cn/en/11397/
The Chinese organic product certification mark may be printed on the labels, instructions, promotional advertisements and other materials of certified products, and may be enlarged or reduced in proportion, provided that its shape and colour are not distorted.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 35 (Prohibited Provisions) Under any of the following circumstances, no unit or individual may label on the product, the smallest sales package of the product, or its label any textual expressions such as “organic”, “organic product”, “organic cultivation”, “organic production”, “ORGANIC”, etc., that mislead the public into believing that the product is an organic product:文章源自FOFCC-http://fofcc.org.cn/en/11397/
(1) uncertified as organic products;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(2) The certified product has been reprocessed, repackaged or sectioned outside the production and processing sites indicated in certificate.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 36 (Provisions on the Use of Certificates and Marks During Suspension, Cancellation, and Revocation) During the suspension period of a 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 body shall recover the certification certificate and unused certification marks.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Chapter 5 Supervision and Administration文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 37 (Regulatory Duties of the CNCA) The CNCA shall organize and implement annual supervision and inspection and irregular special supervision and inspection of organic product certification activities.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 38 (Regulatory Duties of Local Certification Regulatory Authorities) 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 punish illegal acts in the production, processing, and sales activities of certified organic products.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Entry-exit inspection and quarantine institutions in various localities shall be responsible for supervision and inspection of the certification of imported organic products, foreign-funded certification bodies, and the certification, production, processing, and sales activities of exported organic products.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Local quality and technical supervision departments at various levels shall be responsible for conducting supervision and inspection on Chinese-funded certification bodies, as well as the certification, production, processing, and sales activities of organic products produced, processed, and sold within the territory.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 39 (Regulatory Methods of Local Certification Regulatory Authorities) The supervision and inspection methods of local certification regulatory authorities include:文章源自FOFCC-http://fofcc.org.cn/en/11397/
(1) Supervision and inspection of whether certification activities violate these Measures and the implementation rules for organic product certification;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(2) surveillance sampling and inspection of certified products;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(3) supervision and inspection of units certifying, producing, processing, importing, or selling certified products;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(4) Supervision and inspection of the use of organic product certification certificates and certification marks;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(5) Supervision and inspection of whether organic product certification consultancy activities comply with relevant regulations;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(6) Handling of organic product certification, consultation, complaints, and appeals;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(7) Investigating and punishing illegal acts in accordance with the law.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 40 (Information System) The CNCA shall regularly publish dynamic information on organic product certification through the information system.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Before issuing a certification certificate, a certification body shall, as required, promptly submit relevant information on organic product certification to the information system and obtain the certification certificate number through the system.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Before issuing certification marks to an enterprise, a certification body shall upload the relevant information of the organic code of the certification marks to the information system.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Local certification regulatory authorities shall supervise and inspect organic product certification activities carried out within their jurisdiction through information systems, based on certification-related information submitted and uploaded by certification bodies.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 41 (Archives and Records) 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 production, processing, packaging, transportation, storage, and sales.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 42 (Obligations of Sellers) Units and individuals selling organic products shall, in the activities of purchasing, storing, transporting, and selling organic products, comply with the provisions of the national standards for organic products, ensure that the category, scope, and quantity of the organic products sold are consistent with the product category, scope, and quantity in the sales certificate, and be able to provide copies of the certification certificate and organic product sales certificate consistent with the originals for inquiry by relevant administrative regulatory authorities or consumers.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 43 (Risk Warning) Certification regulatory authorities may, based on issued risk warnings such as animal and plant epidemics and environmental pollution, supervision and inspection, consumer complaints, media reports, and other circumstances, promptly issue certification risk warning information on organic product certification regions, certified products and their certification clients, and certification bodies, and take relevant response measures.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 44 (Exit Mechanism) If 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 applications for organic product certification from the enterprise and its production bases and processing sites within 5 years.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 45 (Appeal and Complaint Provisions) If a certification client has objections to the certification conclusion or handling decision of a 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 or complaint with the CNCA.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 46 (Reporting Provisions) Any unit or individual may report illegal acts 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 confidential.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Chapter 6 Penalties文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 47 (Penalties for Forging, Fraudulently Using, or Illegally Trading Certification Marks) For forging, fraudulently using, or illegally trading certification marks, local certification regulatory authorities shall impose penalties in accordance with the provisions of laws and administrative regulations such as the Product Quality Law of the People's Republic of China and the Law of the People's Republic of China on Import and Export Commodity Inspection and its implementing regulations.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 48 (Penalties for Forging, Altering, Fraudulently Using, Illegally Trading, Transferring, or Tampering with Certification Certificates) 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/en/11397/
In violation of the provisions of the second paragraph of Article 40 of these Measures, where a certification body independently compiles a certificate number on the certificate it issues, it shall be deemed as forging the certificate.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 49 (Penalties for Certification Beyond Scope) 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 a region 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, fined 30,000 yuan, and if there is illegal income, the illegal income shall be confiscated.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 50 (Penalties for Misleading Labeling) If, in violation of the provisions of Article 35 of these Measures, textual expressions such as “organic”, “organic product”, “organic cultivation”, “organic production”, “ORGANIC”, etc., that mislead the public into believing that the product is an organic product are affixed on the 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/en/11397/
Article 51 (Penalties Against Certification Bodies) If a certification body falls under any of the following circumstances, the CNCA shall order it to correct, issue a warning, and make it public:文章源自FOFCC-http://fofcc.org.cn/en/11397/
(1) In the case of organic conversion product certification, the certification certificate issued by the certification body does not indicate the word “conversion” and the conversion period;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(2) The certification body fails to report the organic codes of the organic product certification marks it issues to the information system determined by the CNCA;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(3) The certification body fails to submit relevant certification information to the information system determined by the CNCA as required, or the information it provides is untrue;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(4) The certification body fails to submit relevant materials to the CNCA for filing within 30 days from the date of issuing an organic product certification certificate to a certification client of imported organic products.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 52 (Penalties Against Certification Bodies) 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/en/11397/
Article 53 (Penalties Against Certification Bodies) If, in violation of the provisions of Article 16, Paragraph 1 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 it to correct and impose a fine of not more than 30,000 yuan.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 54 (Penalties Against Certification Bodies) If a certification body fails to promptly suspend or revoke a certification certificate in accordance with the provisions of Article 30 and Article 31 of these Measures, it shall be penalized in accordance with the provisions of Article 60 of the Regulations of the People's Republic of China on Certification and Accreditation.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 55 (Penalties Against Certification Clients of Certified Products) If the certification client of a certified product falls under any of the following circumstances, local certification regulatory authorities shall order it to correct and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan:文章源自FOFCC-http://fofcc.org.cn/en/11397/
(1) Violating the provisions of Article 15 and Article 16 of these Measures, where organic ingredients have not obtained organic product certification or have not been labeled and marked as required;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(2) Failing to use certification marks in accordance with the provisions of these Measures;文章源自FOFCC-http://fofcc.org.cn/en/11397/
(3) Continuing to use the certificate and the certification mark during the period of suspension of the certificate, or after it has been cancelled or revoked.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 56 (Penalties for Refusing Supervision and Inspection) If a certification body or the certification client of a certified product refuses to accept supervision and inspection by the CNCA or local certification regulatory authorities, it shall be ordered to correct within a specified 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/en/11397/
Article 57 (Penalties for Failing to Truthfully Provide the True Situation of Imported Organic Products or Evading Inspection) If, during entry inspection and quarantine of imported organic products, a party fails to truthfully provide the true situation of the imported organic products or evades inspection, the entry-exit inspection and quarantine institution shall handle the matter in accordance with the provisions of Article 48 of the Implementing Regulations of the Law of the People's Republic of China on Import and Export Commodity Inspection.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 58 (Penalties for Other Illegal Acts) Other illegal acts in organic product certification activities shall be penalized in accordance with the provisions of relevant laws, administrative regulations, and departmental rules.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Chapter VII Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 59 (Charges) Charges for organic product certification shall be implemented in accordance with the provisions of relevant national price laws and administrative regulations.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 60 (Exported Organic Products) Exported organic products shall meet the requirements of the importing country or region.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 61 (Conversion Period) The conversion period referred to in these Measures means the period from the start of management in accordance with the national standards for organic products to the time when the production unit and product obtain organic certification.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 62 (Organic Ingredients) “Organic ingredients” referred to in these Measures means any substance used in the manufacture or processing of organic products and present in the product (including in modified form), including additives.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 63 (Interpretation Authority) These Measures shall be interpreted by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China.文章源自FOFCC-http://fofcc.org.cn/en/11397/
Article 64 (Effective Date) These Measures shall come into force on ____ year ____ month ____ day.文章源自FOFCC-http://fofcc.org.cn/en/11397/