| 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 | 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 purpose 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 | 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 lawful 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 and environmental protection and sustainable development. | ||
| Article 2 | For the purposes of these Measures, "organic products" refer to products for human consumption and animal feeding whose production, processing and sales processes comply with the national standards for organic products. For the purposes of these Measures, "organic product certification" refers to activities in which certification bodies evaluate 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 | Article 2 These Measures shall apply to activities involving organic product certification and the production, processing, import and sale of certified organic products within the territory of the People's Republic of China. | ||
| Article 3 | Anyone engaging in organic product certification activities and organic product production, processing and sales activities 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" refer to products for human consumption and animal feeding whose production, processing and sales comply with the Chinese national standards for organic products. For the purposes of these Measures, "organic product certification" refers to conformity assessment activities in which certification bodies, in accordance with the provisions of these Measures and the organic product certification rules, 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 and according to law, conduct supervision and inspection of organic product certification activities within their respective jurisdictions. | 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, according to the division of duties and according to law, be responsible for the supervision, inspection and administrative law enforcement of organic product certification activities within their respective jurisdictions. | ||
| Article 5 | The State shall establish 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, applying 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 in accordance with the principle of equality and mutual benefit. Institutions engaging 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 parties. | Article 6 | The CNCA shall organize and carry out international cooperation in organic product certification in accordance with the principle of equality and mutual benefit. Activities for international mutual recognition of organic product certification shall be conducted within the framework of international cooperation agreements signed by the State with foreign parties. | ||
| Chapter II | Institutional Management | ||||
| Article 7 | An organic product certification body shall be established according to law, possess the basic conditions stipulated in the Regulations of the People's Republic of China on Certification and Accreditation and the technical capability 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 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 engaging in organic product certification shall be registered with the accreditation body before they may engage in organic product certification activities. | ||||
| Article 9 | 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 certification 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 according to law before it may engage in organic product certification activities. The capability of a certification body to implement certification activities shall comply with the requirements of the relevant national standards for product certification bodies. Inspectors engaging 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 meet the environmental requirements for the production site of organic products as stipulated by the State, or that concerns 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 submit an application for organic product certification to 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 production site (base), and the scale of production and processing; (3) the production, processing or sales plan for the products; (4) an environmental description of the production site (base), processing or sales premises; (5) quality management system documents that meet the requirements for organic product production and processing; (6) supporting materials proving 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; (8) other materials. If 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 | 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; where it decides not to accept the application, it shall notify the applicant in writing and explain the reasons. | Article 10 | After a certification body accepts a certification entrustment, it shall, in accordance with the provisions of the organic product certification implementation rules, have certification inspectors conduct an on-site inspection of the organic product production and processing premises, and shall entrust a testing and inspection institution with statutory qualifications to conduct testing and inspection of the products applied for certification. Where, in accordance with the provisions of the organic product certification implementation rules, environmental monitoring (testing) of the production site (base) is required, a monitoring (testing) institution with statutory qualifications shall issue a monitoring (testing) report, or other lawful and valid environmental monitoring (testing) conclusions provided by the certification client may be accepted. | ||
| Article 15 | Article 15 After accepting an organic product certification application, 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 | If 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; if 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 truthful. An organic product certification body shall be responsible for the certification conclusion it makes. | Article 12 | A certification body shall ensure that the certification process is complete, objective and truthful, and shall make complete records of the certification process, keep them on file, and ensure that the certification process and results are traceable. Product testing and inspection institutions and environmental monitoring (testing) institutions shall ensure that testing, inspection and monitoring conclusions are truthful and accurate, and shall make complete records of the testing, inspection and monitoring process and keep them on file. Product testing and inspection institutions, environmental monitoring institutions and relevant personnel shall be responsible for the content and conclusions of the testing, inspection and monitoring reports they issue. The record retention period stipulated in this Article shall be 5 years. | ||
| Article 17 | 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 | Article 13 A certification body shall, in accordance with the provisions of the certification implementation rules, implement 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. | ||
| Article 18 | 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 | 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 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 regulations, conduct effective follow-up inspections of certified units and individuals and certified products to ensure that the certification conclusions continue to meet the certification requirements. | Article 15 | 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 on the 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 | Article 21 Units and individuals producing, processing and selling 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, and 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 exporting 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 exporting organic products to China is equivalent to China's 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 | Article 19 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 the relevant laws and regulations of China on organic products and the national standards for organic products of China. | ||||
| Article 20 | Article 20 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. | ||||
| Article 21 | A certification client for 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 which certification application materials and documents such as the application form, questionnaire, processing technical process, product formula, and inputs used in the production and processing process shall also be submitted in a Chinese version. If the application materials do not meet the requirements, the certification body shall not accept the certification entrustment. A certification body engaging 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, the certification mark and product labels and other documents shall be submitted. | ||||
| Article 23 | Local entry-exit inspection and quarantine institutions 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 verify 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 of declared imported organic products to verify whether their product quality meets the requirements of the Chinese national standards for organic products. | ||||
| Article 24 | Within 30 days from the issuance of 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: (1) the category, scope and quantity of the certified products; (2) the name, address and contact information of the certification client for 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 stipulated by the CNCA. | ||||
| Chapter IV | Certification Certificates and Marks | Chapter IV | Certification Certificates and Certification Marks | ||
| Article 22 | The CNCA shall stipulate the basic format of organic product certification certificates and the design of the organic product certification mark. | Article 25 | 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. | ||
| Article 23 | An organic product certification certificate shall include the following contents: (1) the name and address of the certified unit and individual; (2) the quantity of certified products, the production site area and the product categories; (3) the category of organic product certification; (4) the standards or technical specifications on which it is based; (5) the scope of use, quantity, and form or method of use of the organic product certification mark; (6) the issuing body, date of issuance, period of validity and signature of the responsible person; (7) for products produced during the organic product conversion period or processed products using products produced during the conversion period as raw materials, the word “conversion” and the conversion period shall be indicated. | Article 26 | The period of validity of a certification certificate shall be 1 year. | ||
| Article 24 | The period of validity of an organic product certification certificate shall be one year. | Article 27 | An organic product 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, area of the place of origin (base), and product categories of the certified product; (4) the certification category; (5) the national standards or technical specifications on which the certification is based; (6) the name of the certification body, the signature of its person in charge, the date of issuance, and the period of validity. | ||
| Article 25 | If, during the period of validity of an organic product certification certificate, any of the following circumstances occurs to the entity or individual that has obtained the organic product certification certificate, it shall undergo modification procedures with the organic product certification body: (1) the certified entity or individual has changed; (2) the organic product production or processing entity or individual has changed; (3) the product categories have changed; (4) the organic product conversion period has expired and modification is required. | Article 28 | If, during the period of validity of the certification certificate, any of the following circumstances occurs to a certified product, 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 receiving the application for modification of the certification certificate: (1) the name or legal person nature of the certification client or the organic product production or processing entity has changed; (2) the product categories and quantity have decreased; (3) other circumstances requiring modification of the certification certificate. | ||
| Article 26 | If, during the period of validity of an organic product certification certificate, any of the following circumstances occurs to the entity or individual that has obtained the organic product certification certificate, it shall reapply to the organic product certification body for certification: (1) the place of origin (base), processing site, or business activities have changed; (2) other circumstances in which it cannot continuously comply with organic product standards and relevant technical specification requirements. | Article 29 | Under any of the following circumstances, the certification body shall cancel the certification certificate within 30 days and publicly announce it: (1) the period of validity of the certification certificate has expired and no application for continued use has been made; (2) the certified product is no longer produced; (3) the certification client of the certified product applies for cancellation; (4) other circumstances requiring cancellation of the certification certificate. | ||
| Article 27 | If any of the following circumstances occurs to the entity or individual that has obtained an organic product certification certificate, the certification body shall promptly decide to suspend or revoke the certification certificate: (1) the certified product cannot continuously comply with standards and technical specification requirements; (2) the certified entity or individual has changed; (3) the organic product production or processing entity has changed; (4) the product categories are inconsistent with the certificate; (5) the organic product mark has not been 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, with a suspension period of 1 to 3 months, and publicly announce it: (1) the certification certificate or certification mark has not been used in accordance with regulations; (2) the production, processing, sales, or other activities of the certified product, or the management system, do not meet certification requirements, and upon assessment by the certification body, effective corrections or corrective measures can be taken within the suspension period; (3) other circumstances requiring suspension of the certification certificate. | ||
| Article 28 | The organic product certification mark is divided into the China Organic Product Certification Mark and the China Organic Conversion Product Certification Mark, with the designs shown in the annex. The China Organic Product Certification Mark bears the Chinese words “中国有机产品” and the corresponding English word “ORGANIC”. Products produced during the organic product conversion period, or processed products using products produced during the conversion period as raw materials, shall use the China Organic Conversion Product Certification Mark. This mark bears 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 publicly announce it: (1) the quality of the certified product does not comply with the mandatory requirements of relevant national laws, regulations, or standards, or prohibited substances under the national organic product standards are detected; (2) prohibited substances under the national organic product standards are used in the production or processing activities of the certified product, or the product is contaminated by prohibited substances; (3) the certification client of the certified product falsely reports or conceals information required for certification; (4) the certification client of the certified product uses the certification mark beyond the permitted scope; (5) the environmental quality of the place of origin (base) of the certified product does not meet certification requirements; (6) the production, processing, sales, or other activities of the certified product, or the management system, do not meet certification requirements, and during the suspension period of the certification certificate, effective corrections or corrective measures have not been taken; (7) the certified product has undergone further processing, sub-packaging, or splitting outside the production or processing premises specified in the certification certificate; (8) the certification client of the certified product has received major complaints from relevant parties and indeed has problems but fails to take effective measures to address them; (9) the certification client of the certified product has been 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 certification client of the certified product refuses to accept supervision implemented 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 entity 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 entity 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 changed in color. | Article 32 | The organic product certification mark is the China Organic Product Certification Mark. The China Organic Product Certification Mark bears the Chinese words “中国有机产品” and the English word “ORGANIC”. | ||
| Article 30 | Article 30 When 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 also be marked in an adjacent position, and the relevant design 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 categories, scope, and quantity specified in the certification certificate. The certification body shall, in accordance with the unified numbering rules of the Certification and Accreditation Administration of the People's Republic of China, 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, certified product, and production and processing entity. | ||
| Article 31 | Products that have not obtained organic product certification shall not be labeled on the product, product packaging, or labels with “有机产品”, “有机转换产品” (“ORGANIC”, “CONVERSION TO ORGANIC”), “无污染”, “纯天然”, or other wording that misleads the public. | Article 34 | The certification client of a 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 for the certified product, and may be enlarged or reduced proportionally, but it shall not be deformed or changed in color. | ||
| Article 32 | Processed products with an organic ingredient content equal to or higher than 95% may be labeled with the word “有机” on the product, product packaging, or labels. Processed products with an organic ingredient content lower than 95% and equal to or higher than 70% may be labeled with the words “有机配料生产” on the product, product packaging, or labels. Processed products with an organic ingredient content lower than 70% may only indicate in the product ingredient list that a certain ingredient is “有机”. Organic ingredients shall have obtained organic product certification. | Article 35 | Under any of the following circumstances, no entity or individual may label on the product, the smallest sales package of the product, or its labels any wording or design containing words such as “有机”, “ORGANIC” 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 or processing premises specified 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 simultaneously supervise the relevant entity or individual to stop using, temporarily seal, or destroy the organic product certification mark. | Article 36 | Article 36 During the suspension period of the certification certificate, the certification applicant of the certified product shall suspend the use of the certification certificate and certification mark; after the certification certificate is canceled or revoked, the certification applicant 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 Certification and Accreditation Administration of the People's Republic of China shall organize local certification supervision and management departments and relevant entities to conduct supervision and inspection over organic product certification and the production, processing, and sales activities of organic products. Supervision and inspection may adopt the following methods: (1) organizing peer review; (2) soliciting opinions from certified enterprises or individuals; (3) conducting random inspections of certification and related testing activities, as well as their certification decisions and testing results; (4) requiring institutions engaged in organic product certification and testing activities to report business conditions; (5) conducting random inspections of the use of certificates and marks; (6) inspecting organic products sold; (7) accepting certification complaints and appeals, and investigating and handling illegal and non-compliant certification activities. | Article 37 | The Certification and Accreditation Administration of the People's Republic of China shall organize and implement supervision and inspection and irregular special supervision and inspection of organic product certification activities. | ||
| Article 35 | Article 35 Production and processing units or individuals that have obtained organic product certification, 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 record-keeping system for production, processing, and sales 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, conduct supervision and inspection of 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, certification and sales of imported organic products, and certification, production, processing, and sales activities of exported organic products. Local quality and technical supervision departments at all levels shall be responsible for supervision and inspection of Chinese-funded certification bodies and the certification, production, processing, and sales activities of organic products produced and processed within the territory and sold within the territory. | ||
| Article 36 | Imported organic products shall comply with the provisions of relevant Chinese laws, administrative regulations, and departmental rules, and shall comply with national organic product standards. | 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 inspections 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 | 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 Certification and Accreditation Administration of the People's Republic of China. | Article 40 | The Certification and Accreditation Administration of the People's Republic of China shall regularly publish dynamic information on organic product certification through the information system. Before issuing a certification certificate, the certification body shall promptly submit relevant organic product certification information to the information system as required 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, conduct supervision and inspection of organic product certification activities carried out within their jurisdictions. | ||
| Article 41 | Article 41 The certification client of certified products and units and individuals selling organic products shall, in the processes of product production, processing, packaging, storage, transportation, and sale, establish a sound product quality and safety traceability system and a production, processing, and sales record archiving system. | ||||
| Article 42 | Article 42 Units and individuals selling organic products shall, in activities of purchasing, storing, transporting, and selling organic products, comply with the provisions of 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. | ||||
| Article 43 | Article 43 Certification regulatory authorities may, based on information such as animal and plant epidemic situation and environmental pollution risk warnings issued by relevant national departments, as well as supervisory inspections, consumer complaints and reports, and media reports, promptly issue certification risk warning information concerning organic product certification regions, certified products and their certification clients, and certification bodies, and take relevant response measures. | ||||
| Article 44 | Article 44 Where the certification client of certified products 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 commissions from the enterprise and its production bases and processing sites within 5 years. | ||||
| Article 45 | If the certification client 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 file an appeal with the Certification and Accreditation Administration of the People's Republic of China. | ||||
| Article 46 | Article 46 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. | ||||
| Chapter VI | Penalty Provisions | Chapter VI | Penalty Provisions | ||
| Article 38 | Whoever violates Article 20 of these Measures by implementing organic product certification for processed products with an organic ingredient content lower than 95% shall be ordered to make corrections and shall be fined 20,000 yuan. | Article 47 | Article 47 Where certification marks are forged, fraudulently used, or illegally traded, 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, the Law of the People's Republic of China on Import and Export Commodity Inspection, and their implementing regulations. | ||
| Article 39 | Whoever violates Article 21 of these Measures shall be ordered to make corrections and shall be fined not less than 10,000 yuan but not more than 30,000 yuan. | Article 48 | Whoever forges, alters, fraudulently uses, illegally buys or sells, transfers, or tamper with a certification certificate shall be ordered by the local certification regulatory department to make corrections and shall be fined 30,000 yuan. Whoever violates the provisions of Article 40, paragraph 2, of these Measures, and the certification body compiles the certification certificate number on its own on the certification certificate it issues, shall be deemed to have forged the certification certificate. | ||
| Article 40 | Whoever violates the provisions of Articles 29, 30, and 31 of these Measures shall be ordered to make corrections and shall be fined not less than 10,000 yuan but not more than 30,000 yuan. | Article 49 | Article 49 Where, in violation of the provisions of paragraph 2 of Article 8 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 prescribed by the state or for a product outside the organic product certification catalog, it shall be ordered to correct and imposed a fine of 30,000 yuan; if there is illegal income, the illegal income shall be confiscated. | ||
| Article 41 | Whoever violates the provisions of Article 32 of these Measures shall be ordered to make corrections and shall be fined not less than 10,000 yuan but not more than 30,000 yuan. | Article 50 | Whoever violates the provisions of Article 35 of these Measures by labeling on a product, product packaging, or labels wording or designs containing words such as “有机”, “ORGANIC” that may mislead the public into believing that the product is an organic product shall be ordered by the local certification regulatory department to make corrections and shall be fined not more than 30,000 yuan. | ||
| Article 42 | Other illegal acts such as forging, fraudulently using, buying or selling, or transferring organic product certification certificates or certification marks shall be punished in accordance with the provisions of relevant laws, administrative regulations, and departmental rules. | Article 51 | Under any of the following circumstances, the Certification and Accreditation Administration of the People's Republic of China shall order the certification body to make corrections, issue a warning, and publicly announce it: (1) failing to upload the organic product certification mark and organic code to the information system determined 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 determined 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 | 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 issue certification conclusions that are seriously inconsistent with the facts, penalties shall be imposed in accordance with the provisions of Chapter VI of the Regulations of the People's Republic of China on Certification and Accreditation. | Article 52 | Article 52 Where, 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 products, it shall be ordered to correct and imposed a fine of not less than 10,000 yuan but not more than 30,000 yuan. | ||
| Article 53 | Whoever violates the provisions of Article 16 of these Measures, and a certification body conducts organic certification for processed products with an organic ingredient content lower than 95%, the local certification regulatory department shall order it to make corrections and impose a fine of not more than 30,000 yuan. | ||||
| Article 54 | Article 54 Where a certification body, in violation of the provisions of Articles 30 and 31 of these Measures, fails to promptly suspend or revoke a certification certificate and make it public, it shall be punished in accordance with the provisions of Article 60 of the Regulations of the People's Republic of China on Certification and Accreditation. | ||||
| Article 55 | Under any of the following circumstances, the certification client shall be ordered by the local certification regulatory department to make corrections and shall be fined not less than 10,000 yuan but not more than 30,000 yuan: (1) for processed products that have not obtained organic product certification, violating Article 15 of these Measures by labeling them with organic product certification marks; (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 or after cancellation or revocation. | ||||
| 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 a local certification regulatory department, it shall be ordered to make corrections within a specified time limit; if it fails to make corrections within the time limit, it shall be fined not more than 30,000 yuan. | ||||
| Article 57 | Article 57 Where, during 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 and 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 punished 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 charged in accordance with the provisions of relevant national price laws and administrative regulations. | Article 59 | Organic product certification fees shall be charged 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 as of April 1, 2005. | Article 61 | For the purposes of these Measures, "organic ingredients" refer to any substances 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 as of 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 simultaneously repealed. | ||||
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