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

2009-03-24 法律英语 来源:互联网 作者:
rtification shall be uniformly stipulated by the Organic Food Ratification Committee.

  The certificate of conformity of organic food certification must be used within the defined scope.

  No entity or individual shall forge, alter or transfer the certificate of conformity of organic food certification.

  Article 21 The validity period of a certificate of conformity of organic food certification shall be two years.

  Where an entity or individual producing or operating organic foods needs to continue using the certificate of conformity of organic food certification after the validity period of the said certificate has expired, it/he must file a new application to the original organic food certification institution within 1 month before the expiry of the validity period; the entity or individual who has not obtained the re-certification for the organic foods in operation shall not continue using the certificate of conformity of organic food certification.

  Article 22 The inspection and test on the samples of organic food certification shall be made by an inspection institution recognized by the relevant department.

  The monitoring work on the quality of the base environment for organic foods shall be undertaken by the environmental monitoring station affiliated to the administrative department for environmental protection at the city (region) level or above.

  Article 23 Where, within the validity period of the certificate of conformity of organic food certification, an entity or individual producing or operating organic foods is under any of the following circumstances, it/he shall go through the modification formalities in the organic food certification institution:

  (1) the entity or individual holding such a certificate has changed;

  (2) the type (specification) of the product has been changed;

  (3) the name of the product has been changed;

  (4) a new trademark is used;

  (5) the sources of processing materials for the organic foods or the sources of the traded products for the organic foods have been changed.

  Article 24 An entity or ind

ividual engaged in the production or operation of organic foods shall abide by the following provisions:

  (1) it/he shall accept the supervision and inspection of the organic food certification institution;

  (2) it/he shall, in case of any modification in the certified contents, report the modification to the organic food certification institution and go through the formalities for the modification;

  (3) it/he shall keep the files for the operation and management system and files for the production, processing and trading of the organic foods;

  (4) it/he must, when publicizing the organic foods, guarantee the authenticity of the publicized contents;

  (5) it/he shall hold post trainings for the employees engaged in the business of organic foods in its/his own entity.

  Article 25 An entity or individual who has obtained the certificate for base production of organic foods shall define the regional scope, mark the location, set up a protection mark, and make an announcement in time.

  Chapter IV Administration on the Marks of Organic Foods

  Article 26 An entity or individual who has obtained the certificate of conformity of organic food certification may use the mark of organic foods on the labels, packages, advertisements and guidebooks of the products provided in its/his certificate of conformity of organic food certification.

  Article 27 The figure and pattern of the mark of organic foods shall be uniformly provided by the Organic Food Ratification Committee.

  When the mark of organic foods is used, it may be magnified or minified in equal proportion according to the needs, but its shape or color shall not be changed.

  When the mark of organic foods is used, the number of the certificate of conformity of organic food certification for the product shall be printed below the figure of the mark at the same time.

  Article 28 The mark of organic foods must be used within the defined scope.

  Article 29 No entity or individual shall forge, alter or transfer the mark of organic foods.

  Article 30 An entity or individual producing or operating organic foods must, when the organic foods are polluted or mixed up with inorganic foods in the process of production, processing or sale, inform the original organic food certification institution of the situation in time, cease using the mark of organic foods on such foods, and shall not produce, process or sell them as organic foods.

  Chapter V Penalty Provisions

  Article 31 If an organic food certification institution commits any of the following acts in violation of these Measures, it shall be given a warning by the Organic Food Ratification Committee, and be required to make a rectification within a time limit; where it fails to meet the requirements within the said time limit, its qualification certificate for organic food certification institution shall be canceled:

  (1) to forge, alter or transfer the qualification certificate for organic food certification institution in violation of Paragraph 2, Article 9 of these Measures;

  (2) to be assessed unqualified in the annual inspection;

  (3) to be engaged in the non-gratuitous consultation or in the production and operation of organic foods in violation of Article 14 of these Measures;

  (4) to practice frauds or deceive the clients in the process of certification in violation of Article 15.

  Article 32 Where any certified organic foods do not meet the requirements on the standards or specifications in the certificate of conformity of organic food certification, the original organic food certification institution shall temporarily withhold the said certificate or revoke it according to the specific situation.

  Chapter VI Supplementary Provisions

  Article 33 These Measures shall come into force as of the date of their promulgation. The Artic

les of Association on the Administration of the Marks of Organic (Natural) Foods (for trial implementation) promulgated by the original State Environmental Protection Administration in 1995 shall be repealed simultaneously

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