(October 1995 Organic Food Development Center of the State Environmental Protection Administration)
Chapter 1 General Provisions
Article 1 is to ensure the labeling of organic (natural) food The awarding work ensures the quality of organic (natural) food label products and safeguards the legitimate rights and interests of organic (natural) food producers, processors, sellers and consumers. According to the "People's Republic of China and Domestic Product Quality Law", The "Regulations of the People's Republic of China on the Administration of Product Quality Certification", the "Environmental Protection Law of the People's Republic of China" and the "Food Hygiene Law of the People's Republic of China" are specially formulated to formulate this charter.
Article 2 Organic (natural) food refers to all edible agricultural and sideline products, including grain, that have been confirmed by the organic food certification agency and comply with the requirements of the "Technical Specifications for the Production and Processing of Organic (Natural) Food" Products, vegetables, fruits, tea, livestock and poultry products, aquatic products, wild natural foods, etc. and their processed products.
The organic (natural) food mark is a special mark used to prove that the production, processing, storage, transportation and sales of food comply with the requirements of the "Technical Specifications for the Production and Processing of Organic (Natural) Food". It can be combined with the food Trademarks are used simultaneously.
Article 3 The Organic Food Development Center of the National Environmental Protection Administration (hereinafter referred to as the Organic Food Development Center) is responsible for the approval and management of organic (natural) food labels and organic (natural) food certificates, and supervises the use of the labels. Regularly publish to the public a directory of foods awarded the organic (natural) food label.
Article 4 Units and individuals that apply to the Organic Food Development Center for the use of organic (natural) food logos shall abide by the provisions of this charter.
Chapter 2 Application, Review and Approval
Article 5 Those applying for the organic (natural) food mark should submit the "Organic (natural) food mark application form" to the Organic Food Development Center ", issue the following qualification certificates:
1. Business license or registration certificate;
2. Product execution standards;
3. Trademark registration certificate;
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Processing enterprises must also submit pollutant discharge status and compliance certificates.
Farmers who apply can present a letter of introduction from the village committee or township-level government.
Article 6: The Organic Food Development Center shall respond within 15 days after receiving the application.
Article 7 After accepting the application, the Organic Food Development Center shall conduct an examination in accordance with the "Technical Specifications for the Production and Processing of Organic (Natural) Food". The review period is generally 3 to 6 months. For products in the process of transitioning to organic (natural) food production, the review period is 1 to 2 years.
Article 8: During the period of review, the applicant has the obligation to actively assist in the review work, truthfully fill in relevant materials, explain relevant situations, and accept on-site inspections of production, processing, storage, and transportation, raw material tracking reviews, and Sampling testing involving specific requirements.
Article 9 If, after review, it meets the requirements of the "Technical Specifications for Production and Processing of Organic (Natural) Food", the Organic Food Development Center will issue an "Organic (Natural) Food Certificate" and the use of organic ( natural) food logo.
For those that do not comply with the "Technical Specifications for Production and Processing of Organic (Natural) Foods", the Organic Food Development Center will notify the applicant in writing.
Chapter 3 Use and Supervision of Marks
Article 10 "Organic (Natural) Food Certificate" is the only legal certification document that permits the use of organic (natural) food marks, and is valid for One year.
Article 11 The holder of the "Organic (Natural) Food Certificate" (hereinafter referred to as the certificate holder) has the right to use organic ( natural) food logo.
Article 12 The organic (natural) food logo graphics and patterns are uniformly produced and provided by the Organic Food Development Center.
When the certificate holder uses the organic (natural) food logo, it can be enlarged or reduced in proportion as needed, but it must not be deformed or discolored.
Article 13 When using the organic (natural) food logo, the certificate number of the product should be printed below the logo graphic.
Article 14 The certificate holder can only use the organic (natural) food logo on the products listed in the certificate and is not allowed to expand the scope of use.
The right to use the logo may not be transferred to others.
Article 15 If the "Organic (Natural) Food Certificate" needs to continue to use the logo after the expiration of the validity period, a new application should be submitted within three months before the expiration. The Organic Food Development Center should Give a formal written reply beforehand. If an application is not made after the expiration of the validity period, the organic (natural) food mark shall not be continued to be used.
Article 16 During the validity period of the "Organic (Natural) Food Certificate", if one of the following circumstances occurs, a change application shall be submitted:
1. The certificate holder changes ;
2. Change of product type (specification);
3. Change of product name;
4. Use of new trademark.
Article 17 The Organic Food Development Center shall conduct follow-up examinations on the use of organic (natural) food marks and product quality, and supervise certificate holders’ correct and legal use of the marks.
For products that do not comply with the "Technical Specifications for Production and Processing of Organic (Natural) Foods", their "Organic (Natural) Food Certificates" will be revoked.
Article 18 Certificate holders shall accept the supervision and review of the Organic Food Development Center, establish account files according to the requirements of the Organic Food Development Center, and submit production, processing and sales information.
Chapter 4 Complaints
Article 19 Under any of the following circumstances, applicants or consumers may complain to the National Environmental Protection Administration:
( 1) The product meets the application requirements, but the application is not accepted;
(2) There is an objection to the revocation of the organic (natural) food certificate;
(3) Failure to charge according to regulations ;
(4) Other behaviors of the Organic Food Development Center that do not comply with the provisions of this charter.
Article 20 When making a complaint, a written complaint should be submitted, stating the complaint requirements and reasons and providing necessary evidence.
Article 21 The State Environmental Protection Administration will make a decision within three months after investigation, evidence collection and verification.
Article 22 The costs required to handle complaints shall be borne by the responsible party based on actual expenditures.
Chapter 5 Penalties
Article 23 If the "Organic (Natural) Food Certificate" is obtained by deception or other improper means, the Organic Food Development Center will revoke the certificate. Certificate.
Article 24: Violation of the second paragraph of Article 12 of this Article, artificial deformation, discoloration or obvious damage to the image of the sign, or violation of Article 13 of this Article , the Organic Food Development Center will order them to make corrections within a time limit. Those who do not make corrections or cause adverse effects will have their certificates revoked.
Article 25 For those who violate the provisions of Articles 14, 15 and 16 of this Charter, the Organic Food Development Center will revoke their "Organic (Natural) Food Certificate" and issue a *** and the relevant provisions of the Domestic Product Quality Certification Management Regulations will impose fines.
Article 26 If any counterfeit "Organic (Natural) Food Certificate" and logo are discovered, the Organic Food Development Center may request the industrial and commercial administration department at or above the county level to handle the matter and instruct the perpetrator to stop counterfeiting. Compensate for losses; if the circumstances are egregious and the consequences are serious, a civil lawsuit should be filed.
Chapter 6 Supplementary Provisions
Article 27 Fees are required to apply for an organic (natural) food certificate and use the organic (natural) food logo. Charging follows the principle of non-profit. The specific charging standards are tentatively determined as follows in accordance with the provisions of the National Price Administration and the Ministry of Finance Document No. 93 (Price and Fees) No. 56 on the issuance of the "Trial Measures for the Management of Charges for Product Quality Certification".
(1) The fees for applying for a certificate include: application fee, analysis and testing fee, inspector’s travel expenses and service fees. Applicants are required to pay these fees regardless of whether the certificate is issued or not.
1. The application fee is tentatively set at 200 yuan (producer) and 400 yuan (processor);
2. The analysis and testing fee is based on the number of items analyzed and measured, and is based on the usual The analysis fee will be charged at a preferential standard;
3. The inspector's travel expenses shall be paid according to the standards stipulated by the state, and the service fee is tentatively set at 50 yuan per day.
(2) After the certificate issuance is approved, a certificate issuance fee of 2,000 yuan (tentative) will be charged.
(3) The organic (natural) food label management fee is charged at 0.5 to 1% of product sales.
Article 28 The Organic Food Development Center is responsible for the interpretation of this charter.
Article 29 The management rules for the use of organic (natural) food labels shall be formulated separately in accordance with the relevant regulations of the industrial and commercial administration department.
Article 30 This Article of Association shall take effect from the date of approval.