| Old Version | New Version | ||||
| Adopted by the General Administration of Quality Supervision, Inspection and Quarantine on September 27, 2004, and effective as of April 1, 2005 | Adopted by the General Administration of Quality Supervision, Inspection and Quarantine 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 Law of the People's Republic of China on Product Quality, 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 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 | Engaging in organic product certification and the production, processing, import and sales of certified organic products within the territory of the People's Republic of China shall comply with these Measures. | ||
| Article 3 | Engaging 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 conducted 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 functions and 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 functions and 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 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 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 in accordance with the principle of equality and mutual benefit. International mutual recognition activities for organic product certification shall be conducted within the framework of international cooperation agreements signed by the State with foreign counterparts. | ||
| 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 capability of a certification body 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 norms and rules for certification, and the 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 shall 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 environmental requirements for the production origin of organic products stipulated by the State, or of a certification client whose products are outside the organic product certification catalogue. | ||
| Article 13 | Units and individuals engaged in the production and 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 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 comply with 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 between it and 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. Where the application is not accepted, the certification body 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; where the application is not accepted, 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 on-site inspections 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 origin (base) environmental monitoring (testing) is required in accordance with the provisions of the organic product certification implementation rules, 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 | 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 processes such as organic product certification, 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 Chinese organic product certification mark; where the certification requirements are not met, the certification body 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, in accordance with the requirements of relevant standards or technical specifications, promptly make a certification conclusion and 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, so as to ensure the traceability of the certification process and results. Product inspection and testing institutions and environmental monitoring (inspection) 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 provided for in this Article shall be 5 years. | ||
| Article 17 | For products that meet the requirements of organic product certification, the organic product certification body shall issue an organic product certification certificate to the applicant and permit the applicant to use the China organic product certification mark; for products that do not meet the certification requirements, 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 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, carry out effective follow-up inspections of certified entities 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 sale 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 authorities for organic products of countries or regions that export organic products to China may submit an application to the Certification and Accreditation Administration of the People's Republic of China for an equivalence assessment of the organic product certification system. The Certification and Accreditation Administration of the People's Republic of China 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, and other methods. | ||||
| Article 18 | Where the organic product certification system of a country or region that exports organic products to China is equivalent to China's organic product certification system, the Certification and Accreditation Administration of the People's Republic of China 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 | Where imported products from a country or region that has not signed a relevant memorandum with the Certification and Accreditation Administration of the People's Republic of China 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 relevant Chinese laws and regulations on organic products and China's national standards for organic products. | ||||
| Article 20 | Producers, 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 entrust certification to a certification body approved by the Certification and Accreditation Administration of the People's Republic of China. | ||||
| 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 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, 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 are consistent with the certificates. If they are inconsistent, they shall not be allowed to enter the country as organic products. When necessary, entry-exit inspection and quarantine institutions may carry out supervisory sampling inspection of 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 an organic product certification certificate to a certification client for imported organic products, the certification body shall submit the following written materials to the Certification and Accreditation Administration of the People's Republic of China: (1) the category, scope, and quantity of 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 producer 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 Certification and Accreditation Administration of the People's Republic of China. | ||||
| Chapter IV | Certification Certificates and Marks | Chapter IV | Certification Certificates and Certification Marks | ||
| Article 22 | The Certification and Accreditation Administration of the People's Republic of China shall prescribe the basic format of organic product certification certificates and the style of organic product certification marks. | Article 25 | The Certification and Accreditation Administration of the People's Republic of China 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 entity 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, period of validity, and signature of the person in charge; (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 | A certification certificate shall include the following contents: (1) the name and address of the certification client; (2) the names and addresses of the producer, processor, and place of origin (base) of the certified products; (3) the quantity, area of the place of origin (base), 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 period of validity. | ||
| Article 25 | Where a unit or individual that has obtained an organic product certification certificate undergoes any of the following circumstances during the period of validity 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 | Where a certified product undergoes any of the following circumstances during the period of validity of the certification certificate, the certification client 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 certification client 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 | Where a unit or individual that has obtained an organic product certification certificate undergoes any of the following circumstances during the period of validity of 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 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, a certification body shall cancel the certification certificate within 30 days and announce it to the public: (1) the period of validity of the certification certificate expires 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 | Where a unit or individual that has obtained an organic product certification certificate undergoes any of the following circumstances, the certification body shall promptly make a decision 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 are inconsistent with 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, a 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 shall announce it publicly: (1) The certification certificate or certification mark is used in violation of relevant provisions; (2) The production, processing, sales, or other activities of the certified product, or the management system, do not comply with the certification requirements, and upon assessment by the certification body, effective corrections or corrective measures can be taken within the suspension period; (3) Other circumstances under which the certification certificate needs to be suspended. | ||
| 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 shall bear 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 made from raw materials produced during the conversion period, shall use the China Organic Conversion Product Certification Mark. 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, 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 production area (base) of the certified product does not meet the certification requirements; (6) The production, processing, sales, or other activities of the certified product, or the management system, do not comply with the certification requirements, and during the suspension period of the certification certificate, effective corrections or corrective measures have not been taken; (7) The certified product undergoes further processing, repackaging, or splitting outside the production or processing premises specified in the certification certificate; (8) The certification client of the certified product fails to take effective measures to address major complaints from relevant parties where problems are confirmed to exist; (9) The certification client 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 carrying out organic product certification activities; (10) The certification client of the certified product refuses to accept supervision by the certification regulatory department or the certification body; (11) Other circumstances under which the certification certificate needs to be revoked. | ||
| Article 29 | The organic product certification mark shall be used within the product scope and quantity specified in the organic product certification certificate. Certified entities or individuals shall, in accordance with relevant provisions, affix the organic product certification mark to the certified product or the smallest package of the product. Certified entities or individuals 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 | 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 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 category, scope, and quantity specified in the certification certificate. Certification bodies 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 or processing entity. | ||
| Article 31 | Products that have not obtained organic product certification shall not bear on the product, product packaging, or labels the words “有机产品”, “有机转换产品” (“ORGANIC”, “CONVERSION TO ORGANIC”), or other misleading expressions such as “无污染” or “纯天然”. | Article 34 | The certification client of the certified product shall affix the China Organic Product Certification Mark, organic code, and the name of the certification body to the certified product or the smallest sales package of the product. The China Organic Product Certification Mark may be printed on the labels, instructions, advertising, and other materials of the certified product, and may be enlarged or reduced proportionally, but shall not be deformed or discolored. | ||
| Article 32 | Processed products with an organic ingredient content equal to or higher than 95% may bear 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 bear 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 bear on the product, the smallest sales package of the product, or its labels any textual expressions or designs containing the words “有机”, “ORGANIC”, or similar terms 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 undergoes further processing, repackaging, 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 | During the suspension period of the certification certificate, the certification client of the certified product shall suspend the use of the certification certificate and certification mark; after the certification certificate is canceled or revoked, the certification client 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 of 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 spot checks on 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 their business operations; (5) Conducting spot checks on the use of certificates and marks; (6) Inspecting organic products offered for sale; (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 Entities or individuals engaged in the production or processing of certified organic products, and entities 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. Local entry-exit inspection and quarantine institutions shall be responsible for supervision and inspection of foreign-funded certification bodies, the certification and sale of imported organic products, and the 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 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 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 spot checks on certified products; (3) Supervision and inspection of entities involved in the certification, production, processing, import, and sale 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, a certification body shall, as required, promptly submit relevant organic product certification information to the information system and obtain the certification certificate number. Before issuing a certification mark, a 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 | The certification client of the certified product, as well as entities and individuals selling organic products, shall establish and improve a sound product quality and safety traceability system and a production, processing, and sales record archiving system in the processes of product production, processing, packaging, storage, transportation, and sales. | ||||
| Article 42 | Entities and individuals selling organic products shall, in the activities of purchasing, storing, transporting, and selling organic products, comply with the provisions of the national organic product standards, 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 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 certification clients, and certification bodies, and take relevant response measures. | ||||
| Article 44 | Where the certification client of a certified product provides false information, illegally uses prohibited substances, uses the organic certification mark beyond the permitted scope, or causes a major product quality and safety accident, the certification body shall not accept organic product certification commissions from that enterprise and its production bases and processing premises within 5 years. | ||||
| Article 45 | Where 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 | Any entity or individual may report illegal acts in organic product certification activities to the Certification and Accreditation Administration of the People's Republic of China or local certification regulatory departments. The Certification and Accreditation Administration of the People's Republic of China and local certification regulatory departments shall promptly investigate and handle the matter and keep the reporter confidential. | ||||
| Chapter VI | Penalty Provisions | Chapter VI | Penalty Provisions | ||
| Article 38 | Where, in violation of Article 20 of these Measures, organic product certification is implemented 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 | Where certification marks are forged, fraudulently used, or illegally traded, local certification regulatory departments shall impose penalties in accordance with the provisions of laws and administrative regulations such as the Product Quality Law of the People's Republic of China and the Law of the People's Republic of China on Import and Export Commodity Inspection and its implementing regulations. | ||
| Article 39 | Where 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 | Where certification certificates are forged, altered, fraudulently used, illegally traded, transferred, or tampered with, local certification regulatory departments shall order correction and impose a fine of 30,000 yuan. Where the provisions of paragraph 2 of Article 40 of these Measures are violated, and a certification body independently compiles a certification certificate number on the certification certificate it issues, it shall be deemed as forging a certification certificate. | ||
| Article 40 | Anyone who violates the provisions of Article 29, Article 30, and Article 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 | If a certification body, in violation of the provisions of paragraph 2 of Article 8 of these Measures, issues a certification certificate to a certification client whose production site environmental requirements for organic products do not conform to the state provisions or whose products are outside the organic product certification catalog, it shall be ordered to make corrections and shall be fined 30,000 yuan; if there is illegal income, the illegal income shall be confiscated. | ||
| Article 41 | Anyone who 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 | If, in violation of the provisions of Article 35 of these Measures, words or designs such as “organic”, “ORGANIC”, or similar expressions that may mislead the public into believing that the product is an organic product are marked on the product or on the product packaging and labels, the local certification and 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, buying and 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 | If a certification body commits any of the following circumstances, the Certification and Accreditation Administration of the People's Republic of China shall order it to make corrections, issue a warning, and make the matter 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 the provisions of paragraph 2 of Article 40 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 the provisions of paragraph 2 of Article 9 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 the provisions of 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 | If, in violation of the provisions of Article 14 of these Measures, the number of organic product sales certificates issued by a certification body exceeds the actual quantity of organic products produced or processed by the certification client of the certified product, it shall be ordered to make corrections and shall be fined not less than 10,000 yuan but not more than 30,000 yuan. | ||
| Article 53 | If, in violation of the provisions of Article 16 of these Measures, a certification body conducts organic certification for a processed product with an organic ingredient content of less than 95%, the local certification and 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 the certification certificate and make the matter 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 | If a certification client commits any of the following circumstances, the local certification and supervision department shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan: (1) for a processed product that has not obtained organic product certification, marking it with an organic product certification label in violation of the provisions of Article 15 of these Measures; (2) failing to use the certification mark in accordance with the provisions of paragraph 1 of Article 33 and Article 34 of these Measures; (3) continuing to use the certification certificate and certification mark during the period when the certification certificate is suspended 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 and supervision department, it shall be ordered to make corrections within a prescribed time limit; if it fails to make corrections within the time limit, it shall be fined not more than 30,000 yuan. | ||||
| Article 57 | If, during entry inspection and quarantine of imported organic products, a person fails to truthfully provide the true information 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 punish it 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 | Fees for organic product certification shall be charged in accordance with the provisions of relevant national price laws and administrative regulations. | Article 59 | Fees for organic product certification 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 on April 1, 2005. | Article 61 | The term "organic ingredients" as used in these Measures 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 simultaneously abolished. | ||||
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