最新Administrative Measures for Organic Product Certification5.doc
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1、Administrative Measures for Organic Product Certification Promulgation date:11-05-2004Effective date:04-01-2005Department:STATE GENERAL ADMINISTRATION OF QUALITY SUPERVISION,INSPECTION AND QUARANTINESubject:ADMINISTRATIVE LAWQUALITY ADMINISTRATIONOrder of the State Administration of Quality Supervis
2、ion, Inspection and Quarantine (No. 67)The Administrative Measures for Organic Product Certification were deliberated and adopted at the executive meeting of the State Administration of Quality Supervision, Inspection and Quarantine. They are hereby promulgated and shall be implemented as of April 1
3、, 2005. Director Li ChangjiangNovember 5, 2004Administrative Measures for Organic Product CertificationChapter I General ProvisionsArticle 1 For the purposes of promoting the development of organic production, processing and trade, regulating the organic product certification activities, enhancing t
4、he quality and management level of organic products and protecting the ecological environment, the present measures have been formulated in accordance with the Regulation of the Peoples Republic of China on Certification and Accreditation and with the provisions of other laws and administrative regu
5、lations. Article 2 The “organic products” as mentioned in the present Measures refer to the products whose production, processing and selling courses meet the national standards and which are supplied for human consumption or as animals food The “organic product certification” as mentioned in the pr
6、esent Measures refers to the activities that the certification institutions assess the production and processing courses of organic products under the national standards on organic products as well as the provisions of the present Measures. Article 3 Those undertaking the organic product certificati
7、on activities and organic production, processing and sales activities within the territory of the Peoples Republic of China shall abide by the present Measures. Article 4 The Certification and Accreditation Administration of the Peoples Republic of China (hereinafter referred to as the CNCA) shall b
8、e responsible for undertaking unified management, overall coordination and supervision over the certification and accreditation activities. The local quality technical supervisory departments and the entry-exit inspection and quarantine institutions of all places (hereinafter referred in general as
9、the local certification supervisory departments) shall, under their respective functions, supervise and inspect the organic product certification activities within their respective jurisdiction. Article 5 The state shall formulate uniform basic norms and rules for organic product certification, unif
10、orm conformity assessment procedures, uniform standards and uniform mark. Article 6 The state shall, under the principle of equality and mutual benefits, carry out international mutual recognition activities of organic product certification and accreditation.The institutions undertaking organic prod
11、uct certification (hereinafter referred to as the OPC institutions shall, under the agreements on mutual recognition of organic product certification concluded by the CNCA and foreign parties, carry out mutual recognition activities. Chapter II Administration of InstitutionsArticle 7 No organic prod
12、uct certification institution may conduct organic product certification activities unless it has been lawfully established, meets the basic requirements as provided for in the Regulation of the Peoples Republic of China on Certification and Accreditation, has the technical capability to engage in or
13、ganic product certification and has been accredited by an accreditation institution as determined by the CNCA. When a foreign organic certification institution carries out organic product certification activities within the territory of China, it shall comply with the Regulation of the Peoples Repub
14、lic of China on Certification and Accreditation and other relevant laws, administrative regulations as well as the present Measures. Article 8 No organic product certification inspector may engage in organic product certification activities unless he has been registered in an accreditation instituti
15、on. Article 9 An institution undertaking production place (base) environment testing or sample product testing relating to organic product certification shall have the corresponding testing devices and capabilities and shall have passed the measurement certification or have obtained the lab accredit
16、ation. Article 10 The CNCA shall grant approval to the organic certification institutions which meet the requirements as mentioned in Article 7 of the present Measures. The CNCA shall regularly announce the directories of the organic product certification institutions and the organic product testing
17、 institutions which meet the requirements as mentioned in Articles 7 and 9 of the present Measures. No certification institution or product testing institution outside the aforesaid directories may conduct organic product certification or testing activities. Chapter III Implementation of Certificati
18、on Article 11 An organic product certification institution shall base the implementation of organic product certification on the national standards on organic products. The export organic products shall comply with the special requirements of the import countries or regions. Article 12 An organic pr
19、oduct certification institution shall publish the standards as the basis for organic product certification, the basic norms and rules for certification, fee standards and other information. Article 13 The organic product producing or processing entities and individuals or their agents (hereinafter r
20、eferred to in general as the applicants) may, on their own initiative, file applications to the organic product certification institutions for organic product certification. The following written materials shall be submitted when an application is filed: (1) The name, address and contact way of the
21、applicant;(2) The geographical scope of the place of production (base), and the production or processing scale;(3) A production, processing or sales plan;(4) An account of the environment of the production place (base), processing or sales place;(5) The quality management documents on meeting the re
22、quirements for the production or processing of organic products; (6) The qualification certification materials of the relevant professional technical and managerial personnel;(7) A statement of commitment to implement the organic product standards, technical norms and other special requirements; and
23、(8) Other materials. If an applicant isnt the direct producer or processor of organic products, it shall submit the written contract concluded by it and the producer or processor of organic products.Article 14 An organic product certification institution shall, within 10 days after it receives the w
24、ritten application of an applicant, complete the examination over the application materials and shall decide to accept or reject it. If it makes a decision of rejection, it shall notify the applicant in writing of this decision and make an explanation. Article 15 After an organic product certificati
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