有机食品认证管理办法 Order of the State Environmental Protection Administration

国家环境保护总局令第10号
颁布日期：20010619 　实施日期：20010619 　颁布单位：国家环境保护总局

　　No.10

　　The Measures on the Administration of Organic Food Certification have been adopted at the bureau affairs meeting of State Environmental Protection Administration held on April 27, 2001, and are hereby promulgated for implementation.

　　Director General of State Environmental Protection Administration: Xie Zhenhua

　　June 19, 2001

　　Measures of the State Environmental Protection Administration on the Administration of Organic Food Certification

　　Chapter I General Provisions

　　Article 1 These Measures are formulated with a view to standardizing the administration of organic food certification, promoting the healthy and orderly development of organic foods, preventing pollution and destruction of such chemical materials as pesticide and fertilizer, etc. to the environment, guaranteeing the health of human body, and protecting the ecological environment.

　　Article 2 Organic foods mentioned in these Measures mean the agricultural products and the products processed from them, which meet the following conditions:

　　(1) meeting the requirements of State standards on food hygiene and the technical specifications for organic foods;

　　(2) not using such chemical materials as pesticide, fertilizer, growth hormone, chemical additive, chemical pigment and antiseptic, etc. in the process of producing materials or processing products, and not using the genetic engineering technology;

　　(3) having passed the certification of the organic foods certification institution provided in these Measures and using the mark of organic foods.

　　Article 3 These Measures shall apply to the entities and individuals engaged in organic food certification or production and operation of organic foods within the territory of the People's Republic of China.

　　Chapter II Administration on Organic Food Certification Institution

　　Article 4 The State shall implement qualification examination on organic food certification institutions. An entity engaged in organic food certification must, in accordance with the procedures provided in these Measures, apply to the Organic Food Ratification Committee established by State Environmental Protection Administration for obtaining the qualification certificate for organic food certification institution.

　　Article 5 An entity applying for a qualification certificate for organic food certification institution shall meet the following requirements:

　　(1) having an independent qualification as a legal person;

　　(2) having 3 or more technicians with senior technical titles in relevant specialties and 5 or more technicians with intermediate technical titles in relevant specialties, who are engaged in full-time organic food certification;

　　(3) having funds, facilities, fixed working site and other relevant working conditions which the organic food certification requires.

　　Article 6 An entity applying for the qualification certificate for organic food certification institution shall file the application to the Organic Food Ratification Committee, and meanwhile submit the following documents:

　　(1) attesting documents on the qualification as a legal person;

　　(2) attesting documents on the qualifications of the full-time technicians;

　　(3) attesting material on the organic food certification such as funds, facilities, fixed working site and other relevant working conditions;

　　(4) other documents required by the Organic Food Ratification Committee.

　　Article 7 The Organic Food Ratification Committee shall, within 20 days as of its receipt of the application documents, make a decision on whether to accept the application or not, and notify the applying entity in writing. It shall state the reason if the application is not accepted.

　　Article 8 T

he Organic Food Ratification Committee shall complete the examination within 40 days as of its acceptance of the application.

　　The Organic Food Ratification Committee shall issue the qualification certificate for organic food certification institution to the entity that is examined and has met the qualification requirements.

　　An entity may not be engaged in the organic food certification before obtaining the qualification certificate for organic food certification institution.

　　Article 9 The qualification certificates for organic food certification institution shall be made and issued by the Organic Food Ratification Committee.

　　No entity or individual shall forge, alter or transfer the qualification certificate for organic food certification institution.

　　Article 10 An organic food certification institution shall comply with the following principles in organic food certification:

　　(1) justness, fairness and independence;

　　(2) making known the standards, procedures and results of certification;

　　(3) maintaining clients' technological and business secrets.

　　Article 11 An organic food certification institution shall accept the supervision and inspection of the Organic Food Ratification Committee on its certification.

　　An organic food certification institution shall carry out regular inspections on the organic foods certified by itself.

　　Article 12 An organic food certification institution shall, within 1 month after it issues the certificate of organic food certification, submit a copy of the said certificate issued by itself to the Organic Food Ratification Committee for record.

　　Different organic food certification institutions shall cooperate with each other, and share the information on certification.

　　Article 13 An organic food certification institution shall submit an annual work report of the last year to the Organic Food Ratification Committee by January 15 of each year, and shall accept the assessment in the annual inspection of the Organic Food Ratification Committee.

　　Article 14 An organic food certification institution and its employees shall not be engaged in the non-gratuitous consultation or the production and operation of organic foods.

　　Article 15 An organic food certification institution shall carry out the organic food certification in compliance with the principles and procedures provided in these Measures and the technical specifications provided by the Organic Food Ratification Committee, and shall not practice frauds or deceive the clients.

　　Chapter III Certification Administration of Organic Food Production and Operation

　　Article 16 An entity or individual engaged in the production or operation of organic foods must, in accordance with the provisions in this Chapter and the type of the operation of organic food it plans to be engaged in, apply to the organic food certification institution for the following types of organic food certifications, so as to obtain the corresponding certificate of organic food certifications:

　　(1) certification on base production of organic foods;

　　(2) certification on the processing of organic foods;

　　(3) certification on the trading of organic foods.

　　Article 17 An entity or individual applying for organic food certification shall file a written application for certification to the organic food certification institution, and provide its/his business license or other qualification documents that can prove its/his lawful operation.

　　For an application for certification on base production of organic foods, a report on the quality of the base environment and other relevant documents provided in the technical specifications on organic foods must be submitted in addition.

　　For an application for certification on the processing of organic foods, the following documents must be su

bmitted in addition: an attestation proving the sources of processing materials to be organic foods, the executive standards for the products, the processing technology (flow, procedures), the attestation issued by the administrative department for environmental protection at the city (region) level or above that the processing enterprise's pollution discharge is reasonable and below the limit permitted, and the other relevant documents provided in the technical specifications on organic foods.

　　For an application for certification on the trading of organic foods, an attestation proving the sources of the traded products to be organic foods and the other relevant documents provided in the technical specifications on organic foods must be submitted in addition.

　　Article 18 An organic food certification institution shall, within 10 days after receiving the written application for certification and the relevant documents, give its opinion on whether to accept the application or not, and shall state the reason if the application is not accepted.

　　Article 19 An organic food certification institution shall organize and complete the certification within 90 days as of the date when it agrees to accept the application.

　　If an entity or individual is certified to be qualified, the organic food certification institution shall issue to it/him the certificate for base production of organic foods, the certificate for the processing of organic foods and the certificate for the trading of organic foods (hereinafter referred to as the certificate of conformity of organic food certification in general) on the basis of the application and the type of the organic food certifications.

　　Article 20 The format of the certificate of conformity of organic food ce

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