Guo Ren Zhu [2012] No. 53Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11389/
To the Quality and Technical Supervision Bureaus of all provinces, autonomous regions, and municipalities directly under the Central Government, the Quality and Technical Supervision Bureau of the Xinjiang Production and Construction Corps, all directly affiliated Entry-Exit Inspection and Quarantine Bureaus, and all organic product certification bodies:
In order to implement the requirements of the Notice of the General Office of the State Council on Printing and Distributing the Key Work Points for the National Crackdown on Infringement of Intellectual Property Rights and the Production and Sale of Fake and Shoddy Goods in 2012 (Guo Ban Fa [2012] No. 30) and the Notice on Printing and Distributing the (Guo Zhi Jian Zhi [2012] No. 134) concerning the launch of special rectification of organic product certification marks, to severely crack down on counterfeit organic product practices, and to enhance consumer confidence in organic products, our Commission has decided to organize and carry out a special rectification activity for organic product certification marks. The specific matters are hereby notified as follows:
I. Scope of Special Rectification
The issuance and use of organic product certification marks and certification certificates by certification bodies, certified enterprises, and sales venues (mainly including large and medium-sized supermarkets, specialty stores, wholesale markets, and online platforms for the sale and distribution of organic products such as Taobao, Boyang Organic, Zhenggu Organic Farm, Shanghai Helekang, Ouge Organic Farm, Tuotuo Gongshe, Nanjing Baiyouji, and Jiajia e-Gou).
II. Implementation Steps and Content
(1) Phase One — Publicity, Education, and Rectification Phase (July-September)
1. Quality inspection departments at all levels shall, in accordance with the principle of “integrating supervision into service,” go deep into production and sales venues, and in conjunction with activities such as “Quality Month,” use forms such as seminars, visits, and training to strengthen publicity for production enterprises, sales units, and consumers on organic product certification laws, regulations, standards, and the organic product/organic product certification mark traceability system; organize certified enterprises, sales units, and certification bodies within their jurisdictions to conduct self-examination and self-correction against the requirements of organic product laws, regulations, and standards; help relevant certification bodies and certified enterprises establish and improve organic product certification mark management systems; urge sellers to procure, store, transport, and sell organic products strictly in accordance with the requirements of the national standard for Organic Products; and enhance consumers' ability to identify counterfeit products. At the same time, gain a clear understanding of the distribution of organic product production, certification, and sales within their jurisdictions, so as to lay the foundation for further strengthening organic product certification supervision.
2. All organic product certification bodies shall continue to do a good job in submitting organic product certification mark information as required by our Commission, further improve and strictly enforce the organic product certification mark management system, and ensure that the format, quality, and timeliness of uploaded data meet the requirements of the information system; in a responsible attitude toward certified enterprises, further strengthen full-coverage publicity and implementation of organic product certification laws, regulations, and standards for their certified enterprises, and urge certified enterprises to use organic product certification marks, organic codes, and other identifiers in a standardized manner in strict accordance with laws, regulations, and standards; take effective measures to reduce the cost of mark printing and use and support the healthy development of certified enterprises; carefully analyze and investigate quality and safety risks in the management of organic product certification marks and organic codes and in the organic product certification process; and for certified enterprises that should use but refuse to use or fail to use organic product certification marks, organic codes, and other identifiers in a standardized manner after publicity and education, timely handle the corresponding certification certificates in accordance with relevant laws, regulations, and rules, while actively cooperating with quality inspection departments in relevant publicity, implementation, supervision, and handling work.
(2) Phase Two — Centralized Rectification Phase (October-November)
Quality inspection departments at all levels shall, in accordance with the requirements of 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 of the People's Republic of China, actively seek the support of industry and commerce and other departments, actively organize and carry out special rectification activities for production enterprises, sales venues, and certification bodies within their jurisdictions, and in accordance with the Product Quality Law, the Law on Import and Export Commodity Inspection, the Regulations on Certification and Accreditation, the Measures for the Administration of Certification Bodies, and other laws and regulations, focus on investigating and handling: 1. Forgery, fraudulent use, expired use, use beyond scope, and excessive use of organic product certification marks, organic codes, and other such acts; 2. Failure to use organic product certification marks, organic codes, and other identifiers in a standardized manner in accordance with organic product certification laws, regulations, and standards; 3. Forgery, alteration, fraudulent use, illegal trading, transfer, and tampering of organic product certification certificates, and certification bodies issuing certification certificates with self-created certification certificate numbers; 4. Improperly adding on products or product packaging and labels words such as “organic,” “organic product,” “organic conversion product,” “ORGANIC,” and “CONVERSION TO ORGANIC” that mislead the public into believing that the product is an organic product; 5. Certification bodies failing to timely suspend or revoke certification certificates for non-compliant certified enterprises; 6. Conduct such as secondary repackaging, splitting, or self-affixing organic product certification marks to organic products outside the production and processing premises indicated on the certification certificate; 7. Failure to truthfully provide the true situation of imported organic products or evading inspection, among other circumstances.
Where suspected illegal or non-compliant acts discovered during special rectification fall within the regulatory scope of industry and commerce and other departments, they shall be promptly transferred to the relevant departments, and transfer records shall be properly kept.
(3) Phase Three — Summary and Consolidation Phase (December)
Quality inspection departments at all levels shall, by phase, summarize, analyze, and conclude the special rectification activities, promptly analyze and resolve problems discovered during the special rectification activities, promptly summarize and promote good practices and experience from the special rectification activities, and promptly publicize and report the results achieved and typical cases in the special rectification activities.
III. Relevant Requirements
All provincial-level quality inspection departments and all certification bodies shall, in strict accordance with the requirements of this Notice, conscientiously carry out the planning, arrangement, organization, and implementation of relevant work, and submit the statistical tables for Phase One and Phase Two (Attachments 1 and 2) before September 20 and November 20 respectively. A written summary of the special work shall be submitted before December 20.
Contact persons: Wang Maohua, Yang Zhigang
Contact telephone: 010-82262708 82262765
Email: wangmh@cnca.gov.cn
Fax: 010-82260757Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11389/
Attachments: 1. Statistical Table on the Use of Organic Product Certification Marks by Certified Enterprises (for use by certification bodies)
2. Statistical Table on Special Rectification of Organic Product Certification Marks (for use by local regulatory departments)
3.Explanation of Issues Related to the Issuance and Use of Organic Product Certification MarksӨгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11389/
July 2, 2012Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11389/