Decision of the State Administration for Market Regulation on Amending and Repealing Certain Departmental Rules
(Promulgated by Order No. 61 of the State Administration for Market Regulation on September 29, 2022, effective as of November 1, 2022)
In order to further advance the reform of streamlining administration, delegating powers, combining decentralization with management, and optimizing services, reduce unreasonable penalty matters set by rules, enhance the systematicness, normativity, and coordination of departmental rules, and ensure that administrative organs perform their duties in accordance with the law, the State Administration for Market Regulation decides: to amend the Measures for the Administration of Organic Product Certification (promulgated by Order No. 155 of the General Administration of Quality Supervision, Inspection and Quarantine on November 15, 2013).
This Decision shall take effect as of November 1, 2022.文章源自FOFCC-http://fofcc.org.cn/en/19478/
MainRevision Content文章源自FOFCC-http://fofcc.org.cn/en/19478/
(1) In Paragraph 1 of Article 4, “Certification and Accreditation Administration of the People's Republic of China (hereinafter referred to as the CNCA)” is amended to “State Administration for Market Regulation”; Paragraph 2 of Article 4 is amended to: “Local market supervision and administration departments shall be responsible for the supervision and administration of organic product certification activities within their respective jurisdictions.”
(2) In Articles 5, 6, 7, 9, 17, 18, 19, 20, 24, 25, 33, 37, 40, 51, and 56, “the CNCA” is amended to “the State Administration for Market Regulation”; in Article 62, “the General Administration of Quality Supervision, Inspection and Quarantine” is amended to “the State Administration for Market Regulation”; in Articles 39, 40, 47, 48, 50, 53, and 56, “local certification supervision departments” is amended to “market supervision and administration departments at or above the county level”; in Articles 31 and 43, “certification supervision departments” is amended to “market supervision and administration departments”; in Article 46, “the CNCA or local certification supervision departments” is amended to “market supervision and administration departments.”文章源自FOFCC-http://fofcc.org.cn/en/19478/
(3) Articles 23 and 57 are deleted.文章源自FOFCC-http://fofcc.org.cn/en/19478/
(4) Article 38 is amended to: “Market supervision and administration departments at or above the county level shall, in accordance with the law, conduct supervision and inspection of organic product certification activities within their respective jurisdictions, and investigate and deal with illegal acts in the production, processing, and sale of certified organic products.”文章源自FOFCC-http://fofcc.org.cn/en/19478/
(5) Article 45 is amended to: “Where 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.”文章源自FOFCC-http://fofcc.org.cn/en/19478/
(6) Articles 49, 52, and 55 are deleted.文章源自FOFCC-http://fofcc.org.cn/en/19478/
(7) In Article 54, “be punished in accordance with the provisions of Article 60 of the Regulations of the People's Republic of China on Certification and Accreditation” is amended to “be punished in accordance with the provisions of Article 59 of the Regulations of the People's Republic of China on Certification and Accreditation.”文章源自FOFCC-http://fofcc.org.cn/en/19478/