| Old Version | New Version | ||||
| Adopted by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China on September 27, 2004, and effective as of April 1, 2005 | Adopted by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China on April 23, 2013, and effective as of April 1, 2014 | ||||
| Chapter I General Provisions | Chapter I General Provisions | ||||
| Article 1 | These Measures are formulated in accordance with the provisions of the Regulations of the People's Republic of China on Certification and Accreditation and other relevant laws and administrative regulations, for the purposes of promoting the development of the production, processing and trade of organic products, regulating organic product certification activities, improving the quality and management level of organic products, and protecting the ecological environment. | Article 1 | 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, the Regulations of the People's Republic of China on Certification and Accreditation and other relevant laws and administrative regulations, for the purposes of safeguarding the legitimate rights and interests of consumers, producers and sellers, further improving the quality of organic products, strengthening the administration of organic product certification, and promoting ecological environmental protection and sustainable development. | ||
| Article 2 | For the purposes of these Measures, "organic products" means products for human consumption or animal feeding, the production, processing and sales processes of which comply with the national standards for organic products. For the purposes of these Measures, "organic product certification" means the activities of certification bodies in evaluating the production and processing processes of organic products in accordance with the national standards for organic products and the provisions of these Measures. | Article 2 | Anyone engaged 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. | ||
| Article 3 | Anyone engaged in organic product certification activities and the production, processing and sales of organic products within the territory of the People's Republic of China shall comply with these Measures. | Article 3 | For the purposes of these Measures, "organic products" means products for human consumption or animal feeding, the production, processing and sales of which comply with the Chinese national standards for organic products. For the purposes of these Measures, "organic product certification" means the conformity assessment activities carried out by certification bodies in accordance with the provisions of these Measures and the organic product certification rules, to assess whether the production, processing and sales activities of relevant products comply with the Chinese national standards for organic products. | ||
| Article 4 | The Certification and Accreditation Administration of the People's Republic of China (hereinafter referred to as the CNCA) shall be responsible for the unified management, comprehensive coordination and supervision of organic product certification activities. Local quality and technical supervision departments and local entry-exit inspection and quarantine institutions (hereinafter collectively referred to as local certification supervision and administration departments) shall, in accordance with their respective duties, conduct supervision and inspection of organic product certification activities within their respective jurisdictions in accordance with the law. | Article 4 | The Certification and Accreditation Administration of the People's Republic of China (hereinafter referred to as the CNCA) shall be responsible for the unified management, supervision and comprehensive coordination of organic product certification nationwide. Local quality and technical supervision departments at all levels and local entry-exit inspection and quarantine institutions (hereinafter collectively referred to as local certification supervision departments) shall, in accordance with the division of duties, be responsible for the supervision, inspection and administrative law enforcement of organic product certification activities within their respective jurisdictions in accordance with the law. | ||
| Article 5 | The State shall formulate unified basic norms and rules for organic product certification, unified conformity assessment procedures, unified standards and a unified mark. | Article 5 | 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. The CNCA shall be responsible for formulating and adjusting the organic product certification catalogue and certification implementation rules, and shall announce them to the public. | ||
| Article 6 | The State shall carry out international mutual recognition of organic product certification and accreditation on the principle of equality and mutual benefit. Institutions engaged in organic product certification (hereinafter referred to as organic product certification bodies) shall carry out relevant mutual recognition activities in accordance with the organic product certification mutual recognition agreements signed by the CNCA with foreign counterparts. | Article 6 | The CNCA shall organize and carry out international cooperation in organic product certification on the principle of equality and mutual benefit. International mutual recognition activities for organic product certification shall be carried out within the framework of international cooperation agreements signed by the State with foreign countries. | ||
| Chapter II | Administration of Institutions | ||||
| Article 7 | An organic product certification body shall be established in accordance with the law, possess the basic conditions stipulated in the Regulations of the People's Republic of China on Certification and Accreditation and the technical competence to engage in organic product certification, and may engage in organic product certification activities only after obtaining accreditation from an accreditation body designated by the CNCA (hereinafter referred to as the accreditation body). Where an overseas organic product certification body conducts organic product certification activities within the territory of China, it shall comply with the Regulations of the People's Republic of China on Certification and Accreditation, other relevant laws and administrative regulations, and the relevant provisions of these Measures. | ||||
| Article 8 | Inspectors engaged in organic product certification shall be registered with the accreditation body before they may engage in organic product certification activities. | ||||
| Article 9 | Institutions engaged in origin (base) environmental testing and product sample testing activities 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 accreditation or obtained laboratory accreditation. | ||||
| Article 10 | The CNCA shall approve organic product certification bodies that comply with the provisions of Article 7 of these Measures. | ||||
| Chapter III | Implementation of Certification | Chapter II | Implementation of Certification | ||
| Article 11 | An organic product certification body shall implement organic product certification on the basis of the national standards for organic products. Exported organic products shall comply with the special requirements of the importing country or region. | Article 7 | 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. The certification body's capability to implement certification activities shall comply with the requirements of the relevant national standards for product certification bodies. 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. | ||
| Article 12 | An organic product certification body shall publicly disclose information such as the standards on which organic product certification is based, the basic certification norms, rules and fee standards. | Article 8 | Organic product producers and processors (hereinafter collectively referred to as certification clients) may voluntarily entrust a certification body to conduct organic product certification and submit the application materials specified in the organic product certification implementation rules. A certification body shall not accept the certification entrustment of a certification client that does not comply with the State-stipulated environmental requirements for the production origin of organic products, or that relates to products outside the organic product certification catalogue. | ||
| Article 13 | Units and individuals engaged in the production or processing of organic products, or their agents (hereinafter collectively referred to as applicants), may voluntarily file an application for organic product certification with an organic product certification body. When applying, the following written materials shall be submitted: (1) the name, address and contact information of the applicant; (2) the regional scope of the product origin (base), and the scale of production and processing; (3) the production, processing or sales plan for the products; (4) an environmental description of the origin (base), processing or sales premises; (5) quality management system documents that meet the requirements for organic product production and processing; (6) supporting materials demonstrating the qualifications of relevant professional and technical personnel and management personnel; (7) a declaration guaranteeing compliance with organic product standards, technical specifications and other special requirements; and (8) other materials. Where the applicant is not the direct producer or processor of the organic products, it shall also provide a written contract signed with the producer or processor of the organic products. | Article 9 | A certification body shall, within 10 days from the date of receipt of the certification client's application materials, complete the review of the materials and make a decision on whether to accept the application. If it decides not to accept the application, it shall notify the certification client in writing and explain the reasons. A certification body shall, within 5 days before conducting an on-site inspection of the certification client, submit basic information such as the certification client and the certification inspection plan to the information system designated by the CNCA. | ||
| Article 14 | An organic product certification body shall, within 10 days from the date of receipt of the applicant's written application, complete the review of the application materials and make a decision on whether to accept the application; if it decides not to accept the application, it shall notify the applicant in writing and explain the reasons. | Article 10 | After accepting the certification entrustment, the certification body shall, in accordance with the provisions of the organic product certification implementation rules, have certification inspectors conduct on-site inspections of the organic product production and processing premises, and shall entrust a legally qualified inspection and testing institution to conduct inspection and testing of the products applied for certification. Where origin (base) environmental monitoring (testing) is required in accordance with the provisions of the organic product certification implementation rules, a monitoring (testing) report shall be issued by a legally qualified monitoring (testing) institution, or other lawful and valid environmental monitoring (testing) conclusions provided by the certification client may be accepted. | ||
| Article 15 | After accepting an organic product certification, an organic product certification body shall implement certification activities in accordance with the procedures stipulated in the basic norms and rules for organic product certification, ensure the completeness, objectivity and authenticity of the organic product certification process, and make complete records of the certification process and keep them on file. | Article 11 | Where the requirements for organic product certification 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; where the certification requirements are not met, it shall notify the certification client in writing and explain the reasons. Certification bodies and certification personnel shall be responsible for the certification conclusions they make. | ||
| Article 16 | An organic product certification body shall promptly make a certification conclusion in accordance with the requirements of relevant standards or technical specifications, and shall ensure that the certification conclusion is objective and authentic. An organic product certification body shall be responsible for the certification conclusion it makes. | Article 12 | A certification body shall ensure the completeness, objectivity and authenticity of the certification process, make complete records of the certification process and keep them on file, and ensure that the certification process and results are traceable. Product inspection and testing institutions and environmental monitoring (testing) institutions shall ensure the authenticity and accuracy of inspection, testing and monitoring conclusions, make complete records of the inspection, testing and monitoring process, and keep them on file. Product inspection and testing institutions, environmental monitoring institutions and their relevant personnel shall be responsible for the content and conclusions of the inspection, testing and monitoring reports they issue. The record retention period stipulated in this Article shall be 5 years. | ||
| Article 17 | Where the requirements for organic product certification are met, the organic product certification body shall issue an organic product certification certificate to the applicant and permit it to use the China organic product certification mark; where the certification requirements are not met, it shall notify the applicant in writing and explain the reasons. | Article 13 | 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 conclusion can continuously meet the certification requirements. | ||
| 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 certificate shall indicate the word “conversion” and the conversion period, and the China organic conversion product certification mark shall be used. | Article 14 | 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 the organic products sold by the certification client of the certified products are consistent with those recorded in the certification certificate. | ||
| Article 19 | An organic product certification body shall, in accordance with the provisions, carry out effective follow-up inspections of certified units and individuals and certified products, so as to ensure that the certification conclusion can continuously meet the certification requirements. | Article 15 | Processed products with an organic ingredient content (referring to weight or liquid volume, excluding water and salt, the same below) equal to or higher than 95% may be labeled with the word “organic” on the product or product packaging and labels and bear the organic product certification mark only after obtaining organic product certification. | ||
| Article 20 | An organic product 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%. | Article 16 | A certification body shall not conduct organic certification for processed products with an organic ingredient content lower than 95%. | ||
| Article 21 | Units and individuals engaged in the production, processing and sales of organic products and organic product certification bodies shall take effective measures to sell organic products in accordance with the product scope and quantity determined by the certification certificate, so as to ensure the consistency of the production and sales quantities of organic products. | ||||
| Chapter IV | Import of Organic Products | ||||
| Article 17 | 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 the organic product certification system. The CNCA shall accept the application and organize relevant experts to evaluate the submitted application. The assessment may be conducted by means of document review, on-site inspection, etc. | ||||
| Article 18 | Where the organic product certification system of a country or region that exports organic products to China is equivalent to the Chinese organic product certification system, the CNCA may sign a relevant memorandum with its competent department. Organic products exported from that country or region to China shall be administered in accordance with the provisions of the relevant memorandum. | ||||
| Article 19 | For imported products from countries or regions that have not signed a relevant memorandum with the Certification and Accreditation Administration of the People's Republic of China (CNCA) regarding the equivalence of organic product certification systems, if they are intended to be exported to China as organic products, they shall comply with the relevant laws and regulations of China on organic products and the requirements of China's national standards for organic products. | ||||
| Article 20 | Manufacturers, sellers, importers, or agents of imported products that require China organic product certification (hereinafter collectively referred to as "entrusted parties for certification of imported organic products") shall entrust certification to a certification body approved by the CNCA. | ||||
| Article 21 | The entrusted party for certification of imported organic products shall, in accordance with the provisions of the organic product certification implementation rules, submit relevant application materials and documents to the certification body. Among them, certification application materials and documents such as the application form, questionnaire, processing technical process, product formula, and inputs used in production and processing shall be submitted in Chinese version at the same time. If the application materials do not meet the requirements, the certification body shall not accept the certification entrustment. Certification bodies engaged in imported organic product certification activities shall comply with the provisions of these Measures and the organic product certification implementation rules, and certification inspection records and inspection reports shall have a Chinese version. | ||||
| Article 22 | When declaring imported organic products for entry inspection and quarantine, copies of the China organic product certification certificate obtained, copies of the organic product sales certificate, certification marks, and product labels and other documents shall be submitted. | ||||
| Article 23 | Entry-exit inspection and quarantine institutions in all localities shall implement entry verification for declared imported organic products, inspect documents such as copies of certification certificates, copies of organic product sales certificates, certification marks, and product labels, and check whether the goods conform to the certificates. If they do not conform, they shall not be allowed to enter the country as organic products. When necessary, entry-exit inspection and quarantine institutions may conduct supervisory sampling inspection on declared imported organic products to verify whether their product quality meets the requirements of China's national standards for organic products. | ||||
| Article 24 | Within 30 days from the date of issuing the organic product certification certificate to the entrusted party for certification of imported organic products, the certification body shall submit the following written materials to the CNCA: (1) the category, scope, and quantity of certified products; (2) the name, address, and contact information of the entrusted party for certification of imported organic products; (3) the name, address, and contact information of the manufacturer and importer of the certified products; (4) copies of the certification certificate and inspection report (Chinese and foreign language versions); (5) other materials specified by the CNCA. | ||||
| Chapter IV | Certification certificates and marks | Chapter IV | Certification certificates and certification marks | ||
| Article 22 | The CNCA shall prescribe the basic format of organic product certification certificates and the style of organic product certification marks. | Article 25 | The CNCA shall be responsible for formulating the basic format and numbering rules of organic product certification certificates and the style and numbering rules of certification marks. | ||
| Article 23 | An organic product certification certificate shall include the following contents: (1) the name and address of the certified unit or individual; (2) the quantity, production area, and product types of the certified products; (3) the category of organic product certification; (4) the standards or technical specifications on which it is based; (5) the scope, quantity, and form or method of use of the organic product certification mark; (6) the issuing body, date of issuance, validity period, and signature of the person in charge; (7) for products produced during the organic product conversion period or processed products made from products produced during the conversion period, the word “conversion” and the conversion period shall be indicated. | Article 26 | The validity period of the certification certificate shall be 1 year. | ||
| Article 24 | The validity period of an organic product certification certificate shall be one year. | Article 27 | A certification certificate shall include the following contents: (1) the name and address of the entrusted party for certification; (2) the names and addresses of the producer, processor, and production place (base) of the certified products; (3) the quantity, production place (base) area, and product types of the certified products; (4) the certification category; (5) the national standards or technical specifications on which it is based; (6) the name of the certification body and the signature of its person in charge, date of issuance, and validity period. | ||
| Article 25 | If a unit or individual that has obtained an organic product certification certificate undergoes any of the following circumstances during the validity period of the organic product certification certificate, it shall complete alteration procedures with the organic product certification body: (1) the certified unit or individual changes; (2) the organic product production or processing unit or individual changes; (3) the product types change; (4) the organic product conversion period expires and alteration is required. | Article 28 | If a certified product undergoes any of the following circumstances during the validity period of the certification certificate, the entrusted party for certification shall apply to the certification body for alteration within 15 days. The certification body shall alter the certification certificate within 30 days from the date of receiving the application for alteration of the certification certificate: (1) the name or legal person nature of the entrusted party for certification or the organic product production or processing unit changes; (2) the product types and quantity decrease; (3) other circumstances requiring alteration of the certification certificate. | ||
| Article 26 | If a unit or individual that has obtained an organic product certification certificate undergoes any of the following circumstances during the validity period of the organic product certification certificate, it shall reapply to the organic product certification body for certification: (1) the production place (base), processing site, or business activities change; (2) other circumstances in which it cannot continuously meet the requirements of organic product standards and relevant technical specifications. | Article 29 | Under any of the following circumstances, the certification body shall cancel the certification certificate within 30 days and announce it publicly: (1) the validity period of the certification certificate expires and no application for continuation of use has been made; (2) the certified product is no longer produced; (3) the entrusted party for certification of the certified product applies for cancellation; (4) other circumstances requiring cancellation of the certification certificate. | ||
| Article 27 | If a unit or individual that has obtained an organic product certification certificate undergoes any of the following circumstances, the certification body shall promptly decide to suspend or revoke the certification certificate: (1) the certified product cannot continuously meet the requirements of standards and technical specifications; (2) the certified unit or individual changes; (3) the organic product production or processing unit changes; (4) the product types do not conform to the certificate; (5) the organic product mark is not applied or used in accordance with regulations. For revoked certificates, the organic product certification body shall recover them. | Article 30 | Under any of the following circumstances, the certification body shall suspend the certification certificate within 15 days, and the suspension period of the certification certificate shall be 1 to 3 months, and it shall be announced publicly: (1) the certification certificate or certification mark is used in violation of regulations; (2) the production, processing, sales, and other activities or the management system of the certified product do not meet certification requirements, and upon assessment by the certification body, effective correction or corrective measures can be taken within the suspension period; (3) other circumstances requiring suspension of the certification certificate. | ||
| Article 28 | Organic product certification marks are divided into the China organic product certification mark and the China organic conversion product certification mark, with patterns as shown in the annex. The China organic product certification mark shall bear the Chinese words “中国有机产品” and the corresponding English word “ORGANIC”. For products produced during the organic product conversion period or processed products made from products produced during the conversion period, the China organic conversion product certification mark shall be used. This mark shall bear the Chinese words "中国有机转换产品" and the corresponding English words "CONVERSION TO ORGANIC". | Article 31 | Under any of the following circumstances, the certification body shall revoke the certification certificate within 7 days and announce it publicly: (1) the quality of the certified product does not comply with the mandatory requirements of relevant national laws, regulations, and standards, or substances prohibited by the national standards for organic products are detected; (2) substances prohibited by the national standards for organic products are used in the production or processing activities of the certified product or the certified product is contaminated by prohibited substances; (3) the entrusted party for certification of the certified product falsely reports or conceals information required for certification; (4) the entrusted party for certification of the certified product uses the certification mark beyond the permitted scope; (5) the environmental quality of the production place (base) of the certified product does not meet certification requirements; (6) the production, processing, sales, and other activities or the management system of the certified product do not meet certification requirements, and during the suspension period of the certification certificate, no effective correction or corrective measures have been taken; (7) the certified product has undergone further processing, sub-packaging, or splitting outside the production and processing sites indicated in the certification certificate; (8) the entrusted party for certification of the certified product fails to take effective measures to address major complaints from relevant parties where problems are confirmed; (9) the entrusted party for certification of the certified product is subject to relevant administrative penalties for violating laws and regulations related to national agricultural product and food safety management in engaging in organic product certification activities; (10) the entrusted party for certification of the certified product refuses to accept supervision by the certification regulatory department or certification body; (11) other circumstances requiring revocation of the certification certificate. | ||
| Article 29 | The organic product certification mark shall be used within the product scope and quantity specified in the organic product certification certificate. The certified unit or individual shall, in accordance with regulations, apply the organic product certification mark to the certified product or the smallest package of the product. The certified unit or individual may print the organic product certification mark on the labels, instructions, and advertising materials of the certified product, and may enlarge or reduce it proportionally, but it shall not be deformed or discolored. | Article 32 | The organic product certification mark is the China organic product certification mark. The China organic product certification mark shall bear the Chinese words “中国有机产品” and the English word “ORGANIC”. | ||
| Article 30 | While applying the organic product certification mark to the certified product or the smallest package of the product, the logo or name of the organic product certification body shall be marked in the adjacent position, and the relevant pattern or text shall not be larger than the organic product certification mark. | Article 33 | The China organic product certification mark shall be used within the product category, scope, and quantity specified in the certification certificate. The certification body shall, in accordance with the unified numbering rules of the CNCA, assign a unique number to each certification mark (hereinafter referred to as the organic code), and adopt effective anti-counterfeiting and traceability technologies to ensure that each issued certification mark can be traced to its corresponding certification certificate and certified product and its production and processing unit. | ||
| Article 31 | Products that have not obtained organic product certification shall not be labeled on the product or product packaging and labels with “organic product”, “organic conversion product” (“ORGANIC”, “CONVERSION TO ORGANIC”), “pollution-free”, “pure natural”, or other wording that misleads the public. | Article 34 | The entrusted party for certification of the certified product shall apply the China organic product certification mark, organic code, and certification body name to the certified product or the smallest sales package of the product. The China organic product certification mark may be printed on materials such as labels, instructions, and advertising of the certified product, and may be enlarged or reduced proportionally, but it shall not be deformed or discolored. | ||
| Article 32 | Processed products with an organic ingredient content equal to or higher than 95% may be labeled with the word “organic” on the product or product packaging and labels. Processed products with an organic ingredient content lower than 95% and equal to or higher than 70% may be labeled with the words “produced with organic ingredients” on the product or product packaging and labels. Processed products with an organic ingredient content lower than 70% may only indicate in the product ingredient list that a certain ingredient is “organic”. Organic ingredients shall have obtained organic product certification. | Article 35 | Under any of the following circumstances, no unit or individual may label on the product, the smallest sales package of the product, or its labels any wording or patterns containing “organic”, “ORGANIC”, or similar words that may mislead the public into believing that the product is an organic product: (1) the product has not obtained organic product certification; (2) the certified product has undergone further processing, sub-packaging, or splitting outside the production and processing sites indicated in the certification certificate. | ||
| Article 33 | When an organic product certification body makes a decision to revoke or suspend the use of an organic product certification certificate, it shall supervise the relevant unit or individual to stop using, temporarily seal up, or destroy the organic product certification mark. | Article 36 | During the suspension period of the certification certificate, the entrusted party for certification of the certified product shall suspend the use of the certification certificate and certification mark; after the certification certificate is canceled or revoked, the entrusted party for certification shall return the certification certificate and unused certification marks to the certification body. | ||
| Chapter V | Supervision and inspection | Chapter V | Supervision and Administration | ||
| Article 34 | The CNCA shall organize local certification supervision and management departments and relevant units to conduct supervision and inspection of organic product certification and the production, processing, and sales activities of organic products. Supervision and inspection may adopt the following methods: (1) organize peer review; (2) solicit opinions from certified enterprises or individuals; (3) conduct random inspections of certification and related testing activities and their certification decisions and testing results; (4) require institutions engaged in organic product certification and testing activities to report business conditions; (5) conduct random inspections of the use of certificates and marks; (6) inspect organic products sold; (7) accept certification complaints and appeals and investigate and handle illegal and non-compliant certification activities. | Article 37 | The CNCA shall organize and implement supervision and inspection and irregular special supervision and inspection of organic product certification activities. | ||
| Article 35 | Units or individuals that have obtained organic product certification for production or processing, and units or individuals engaged in the sale of organic products, shall, in the processes of production, processing, packaging, transportation, storage, and operation, establish a complete traceability inspection system and a production, processing, and sales record filing system in accordance with the national standards for organic products and the provisions of these Measures. | Article 38 | Local certification regulatory departments shall, in accordance with their respective duties, supervise and inspect organic product certification activities within their jurisdictions in accordance with the law, and investigate and handle illegal acts in the production, processing, and sales activities of certified organic products. Entry-exit inspection and quarantine institutions in all localities shall be responsible for supervision and inspection of foreign-funded certification bodies, imported organic product certification and sales, and export organic product certification, production, processing, and sales activities. Local quality and technical supervision departments at all levels shall be responsible for supervision and inspection of Chinese-funded certification bodies and organic product certification, production, processing, and sales activities that are produced and processed domestically and sold domestically. | ||
| Article 36 | Imported organic products shall comply with the provisions of relevant Chinese laws, administrative regulations, and departmental rules, and shall comply with the national standards for organic products. | Article 39 | The methods of supervision and inspection by local certification regulatory departments include: (1) supervision and inspection of whether organic product certification activities comply with the provisions of these Measures and the organic product certification implementation rules; (2) supervisory random inspection of certified products; (3) supervision and inspection of units involved in certification, production, processing, import, and sales of certified products; (4) supervision and inspection of organic product certification certificates and certification marks; (5) supervision and inspection of whether organic product certification consulting activities comply with relevant provisions; (6) investigation and handling of reports on organic product certification and certification consulting activities; (7) investigation and handling of illegal acts in accordance with the law. | ||
| Article 37 | If an applicant has objections to the certification conclusion or handling decision of an organic product certification body, it may file an appeal with the certification body that made the conclusion or decision. If it still has objections to the handling conclusion of the organic product certification body, it may appeal or complain to the CNCA. | Article 40 | The CNCA shall regularly publish dynamic information on organic product certification through the information system. Before issuing a certification certificate, the certification body shall, as required, promptly submit relevant information on organic product certification to the information system and obtain the certification certificate number. Before issuing a certification mark, the certification body shall upload the relevant information of the certification mark and organic code to the information system. Local certification regulatory departments shall, through the information system and based on the certification-related information submitted and uploaded by certification bodies, supervise and inspect organic product certification activities carried out within their jurisdictions. | ||
| Article 41 | The entrusted party for certification of certified products and units and individuals selling organic products shall, in the processes of product production, processing, packaging, storage, transportation, and sales, establish a complete product quality and safety traceability system and a production, processing, and sales record filing system. | ||||
| Article 42 | Units and individuals selling organic products shall, in 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 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 original contents for inquiry by relevant administrative regulatory departments or consumers. | ||||
| Article 43 | Certification regulatory departments may, based on information such as animal and plant epidemic situations and environmental pollution risk warnings issued by relevant national departments, as well as supervision and inspection, consumer complaints and reports, and media reflections, promptly issue certification risk warning information regarding organic product certification regions, certified products and their entrusted parties for certification, and certification bodies, and take relevant response measures. | ||||
| Article 44 | If the entrusted party for certification of a certified product provides false information, illegally uses prohibited substances, uses organic certification marks beyond the permitted scope, or has a major product quality and safety accident, the certification body shall not accept organic product certification entrustment from that enterprise and its production bases and processing sites within 5 years. | ||||
| Article 45 | If the entrusted party for certification has objections to the certification conclusion or handling decision of the 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 appeal to the CNCA. | ||||
| Article 46 | Any unit or individual may report illegal acts in organic product certification activities to the CNCA or local certification regulatory departments. The CNCA and local certification regulatory departments shall promptly investigate and handle them and keep the reporters confidential. | ||||
| Chapter VI | Penalties | Chapter VI | Penalties | ||
| Article 38 | If the provisions of Article 20 of these Measures are violated by implementing organic product certification for processed products with an organic ingredient content lower than 95%, an order to correct shall be issued, and a fine of 20,000 yuan shall be imposed. | Article 47 | If certification marks are forged, fraudulently used, or illegally traded, the local certification supervision department shall impose penalties 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, and other laws and administrative regulations. | ||
| Article 39 | If the provisions of Article 21 of these Measures are violated, an order to correct shall be issued, and a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed. | Article 48 | If certification certificates are forged, altered, fraudulently used, illegally traded, transferred, or tampered with, the local certification supervision department shall order correction and impose a fine of 30,000 yuan. If the provisions of Article 40, Paragraph 2 of these Measures are violated, and a certification body independently compiles a certification certificate number on the certification certificate it issues, this shall be deemed forgery of a certification certificate. | ||
| Article 40 | If the provisions of Article 29, Article 30, and Article 31 of these Measures are violated, an order to correct shall be issued, and a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed. | Article 49 | If the provisions of Article 8, Paragraph 2 of these Measures are violated, and a certification body issues a certification certificate to a certification client whose area does not meet the environmental requirements for organic product production sites stipulated by the state or whose product is outside the organic product certification catalog, an order to correct shall be issued, and a fine of 30,000 yuan shall be imposed; if there are illegal gains, the illegal gains shall be confiscated. | ||
| Article 41 | If the provisions of Article 32 of these Measures are violated, an order to correct shall be issued, and a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed. | Article 50 | If the provisions of Article 35 of these Measures are violated by labeling on products or product packaging and labels words, descriptions, or patterns containing “organic”, “ORGANIC”, or similar terms that may mislead the public into believing that the product is an organic product, the local certification supervision department shall order correction and impose a fine of not more than 30,000 yuan. | ||
| Article 42 | Other illegal acts such as forging, fraudulently using, trading, or transferring organic product certification certificates or certification marks shall be penalized in accordance with the provisions of relevant laws, administrative regulations, and departmental rules. | Article 51 | If a certification body falls under any of the following circumstances, the Certification and Accreditation Administration of the People's Republic of China shall order correction, issue a warning, and make it public: (1) failing to upload the organic product certification mark and organic code to the information system designated by the Certification and Accreditation Administration of the People's Republic of China in accordance with Article 40, Paragraph 2 of these Measures; (2) failing to submit relevant certification information to the information system designated by the Certification and Accreditation Administration of the People's Republic of China in accordance with Article 9, Paragraph 2 of these Measures, or the information submitted is untrue; (3) failing to submit relevant materials to the Certification and Accreditation Administration of the People's Republic of China for filing in accordance with Article 24 of these Measures. | ||
| Article 43 | If an organic product certification body, an organic product testing institution, or personnel engaged in organic product certification activities issue false certification conclusions or certification conclusions that are seriously inconsistent with the facts, they shall be penalized in accordance with the provisions of Chapter VI of the Regulations of the People's Republic of China on Certification and Accreditation. | Article 52 | If the provisions of Article 14 of these Measures are violated, and 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, an order to correct shall be issued, and a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed. | ||
| Article 53 | If the provisions of Article 16 of these Measures are violated, and a certification body conducts organic certification for processed products with an organic ingredient content lower than 95%, the local certification supervision department shall order correction and impose a fine of not more than 30,000 yuan. | ||||
| Article 54 | If a certification body violates the provisions of Article 30 and Article 31 of these Measures by failing to promptly suspend or revoke certification certificates and make this public, 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. | ||||
| Article 55 | If a certification client falls under any of the following circumstances, the local certification supervision department shall order correction and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan: (1) labeling a processed product that has not obtained organic product certification with an organic product certification mark in violation of Article 15 of these Measures; (2) failing to use the certification mark in accordance with Article 33, Paragraph 1 and Article 34 of these Measures; (3) continuing to use the certification certificate and certification mark during the suspension period of the certification certificate or after it has been canceled or revoked. | ||||
| Article 56 | If a certification body or the certification client of a certified product refuses to accept supervision and inspection by the Certification and Accreditation Administration of the People's Republic of China or the local certification supervision department, it shall be ordered to correct within a prescribed time limit; if it fails to correct within the time limit, a fine of not more than 30,000 yuan shall be imposed. | ||||
| Article 57 | If, during the entry inspection and quarantine of imported organic products, a person fails to truthfully provide the true situation of the imported organic products, obtains relevant certificates or documents from the entry-exit inspection and quarantine institution, or fails to apply for inspection of organic products subject to statutory inspection and evades inspection, the entry-exit inspection and quarantine institution shall impose penalties in accordance with the provisions of Article 46 of the Implementing Regulations of the Law of the People's Republic of China on Import and Export Commodity Inspection. | ||||
| Article 58 | Other illegal acts in organic product certification activities shall be penalized in accordance with the provisions of relevant laws, administrative regulations, and departmental rules. | ||||
| Chapter VII | Supplementary Provisions | Chapter VII | Supplementary Provisions | ||
| Article 44 | Organic product certification fees shall be collected in accordance with the provisions of relevant national price laws and administrative regulations. | Article 59 | Organic product certification fees shall be collected in accordance with the provisions of relevant national price laws and administrative regulations. | ||
| Article 45 | These Measures shall be interpreted by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China. | Article 60 | Exported organic products shall meet the requirements of the importing country or region. | ||
| Article 46 | These Measures shall come into force on April 1, 2005. | Article 61 | For the purposes of these Measures, "organic ingredients" refers to any substance used in the manufacture or processing of organic products and present in the product (including in modified form), including additives. | ||
| Article 62 | These Measures shall be interpreted by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China. | ||||
| Article 63 | These Measures shall come into force on April 1, 2014. The Measures for the Administration of Organic Product Certification (Order No. 67 of the General Administration of Quality Supervision, Inspection and Quarantine) promulgated by the General Administration of Quality Supervision, Inspection and Quarantine on November 5, 2004 shall be repealed simultaneously. | ||||
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