Administrative Measures for Organic Product Certification

Administrative Measures for Organic Product Certification


Administrative Measures for Organic Product Certification

Order of the State Administration of Quality Supervision, Inspection and Quarantine [2004] No. 67

November 5, 2004

The Administrative Measures for Organic Product Certification adopted at the executive meeting of the State Administration of Quality Supervision, Inspection and Quarantine on September 27, 2004 are hereby promulgated and shall be implemented as of April 1, 2005.

Li Changjiang, Director

Administrative Measures for Organic Product Certification

Chapter I General Provisions
 
Article 1 For the purposes of promoting the development of production, processing and trade of organic products, regulating the organic product certification activities, enhancing the quality and management level of organic products and protecting the ecological environment, these Measures are formulated in accordance with the Ordinance of the People's Republic of China on Certification and Accreditation and other laws and administrative regulations.
 
Article 2 The "organic products" mentioned in these Measures refer to the products whose production, processing and selling courses meet the national standards and are supplied for human consumption or as animals' food
The "organic product certification" mentioned in these 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 these Measures.
 
Article 3 Those undertaking the certification, production, processing and sales of organic products within the territory of the People's Republic of China shall abide by these Measures.
 
Article 4 The Certification and Accreditation Administration of the People's Republic of China (hereinafter referred to as "CNCA") shall be responsible for undertaking the overall management, coordination and supervision of the certification and accreditation activities.
The local quality technical supervisory departments and the entry-exit inspection and quarantine institutions of all places (hereinafter collectively referred to as 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, set up uniform assessment procedures, uniform standards and a uniform logo.
 
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 product certification (hereinafter referred to as the "OPC Institutions") shall, under the agreements on mutual recognition of organic product certification concluded by CNCA and foreign parties, carry out mutual recognition activities.

Chapter II Administration over Institutions
 
Article 7 No OPC Institution may conduct organic product certification activities unless it has been lawfully established, meets the basic requirements provided for in the Ordinance of the People's Republic of China on Certification and Accreditation, has the technical capability to engage in organic product certification and has been accredited by an accreditation institution determined by CNCA.
When a foreign organic certification institution carries out organic product certification activities within the territory of China, it shall comply with the Ordinance of the People's Republic of China on Certification and Accreditation and other relevant laws, administrative regulations as well as these Measures.
 
Article 8 No organic product certification inspector may engage in organic product certification activities unless he has been registered with an accreditation institution.
 
Article 9 An institution undertaking production plant (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 accreditation.
 
Article 10 CNCA shall grant approval to the organic certification institutions which meet the requirements mentioned in Article 7 of these Measures.
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