Administrative Measures for the Certification of Organic Products (Order No. 61 of the State Administration for Market Regulation – Revised in 2022)

Management Measures for Organic Product Certification

( 2013 Year 11 Moon 15 Order No. of the State Administration for Market Regulation and Inspection and Quarantine of the People’s Republic of China 155 Announced according to 2015 Year 8 Moon 25 Order No. of the State Administration for Market Regulation and Inspection and Quarantine of the People’s Republic of China 166 First revision according to 2022 Year 9 Moon 29 Order No. of the State Administration for Market Regulation of China 61 Second Amendment)

Chapter 1 General Provisions

　　Article 1   To safeguard the legitimate rights and interests of consumers, producers, and sellers, further enhance the quality of organic products, strengthen the management of organic product certification, and promote ecological protection and sustainable development, these Measures are formulated in accordance with the provisions of laws and administrative regulations such as the “Product Quality Law of the People’s Republic of China,” the “Law of the People’s Republic of China on Inspection of Import and Export Commodities,” and the “Regulations on Certification and Accreditation of the People’s Republic of China.”

　　Article 2   Activities involving organic product certification and the production, processing, import, and sale of certified organic products within the territory of the People’s Republic of China shall comply with these Measures.

　　Article 3   The organic products referred to in these Measures are those produced, processed, and marketed in compliance with China’s national standards for organic products, intended for human consumption and animal feed.

　　The organic product certification referred to in these Measures refers to the conformity assessment activity conducted by a certification body, in accordance with the provisions of these Measures and the organic product certification rules, to determine whether the production, processing, and sales activities of relevant products comply with China’s national standards for organic products.

　　Article 4   The State Administration for Market Regulation is responsible for the unified management, supervision, and comprehensive coordination of organic product certification nationwide.

　　Local market supervision and administration departments are responsible for the supervision and management of organic product certification activities within their jurisdictions.

　　Article 5   The state has implemented a unified certification system for organic products, featuring a unified certification catalog, uniform standards and certification implementation rules, and a unified certification mark.

　　The State Administration for Market Regulation is responsible for formulating and adjusting the catalog of organic product certification and the implementation rules for certification, and for publicly announcing them.

　　Article 6   The State Administration for Market Regulation organizes international cooperation on organic product certification based on the principle of equality and mutual benefit.

　　The implementation of international mutual recognition for organic product certification shall be conducted within the framework of international cooperation agreements signed by the country with other nations.

Chapter 2: Implementation of Certification

　　Article 7   Organic product certification bodies (hereinafter referred to as certification bodies) shall obtain legal person status in accordance with the law and, after obtaining approval from the State Administration for Market Regulation, may engage in organic product certification activities within the scope of their approved authorization.

　　The capability of certification bodies to carry out certification activities shall meet the requirements of the relevant national standards for product certification bodies.

　　Inspectors engaged in organic product certification inspection activities must be registered with the National Certification Personnel Registration Authority before they can carry out such inspections.

　　Article 8   Organic product producers and processors (hereinafter collectively referred to as “certification applicants”) may voluntarily entrust certification bodies to conduct organic product certification and submit the application materials specified in the Implementation Rules for Organic Product Certification.

　　Certification bodies shall not accept certification applications from applicants whose production sites do not meet the national requirements for organic product production environments, nor from applicants seeking certification for products not listed in the catalog of certified organic products.

　　Article 9   The certification body shall, from the date of receipt of the application materials submitted by the applicant, 10 Within the same day, complete the review of the submitted materials and make a decision on whether to accept the application. For applications that are not accepted, the applicant shall be notified in writing, with a detailed explanation of the reasons for rejection.

　　The certification body shall, prior to conducting an on-site inspection of the certification applicant, 5 Within the day, submit basic information such as the certifier’s identity and the certification inspection plan to the information system designated by the State Administration for Market Regulation.

　　Article 10   After receiving a certification request, the certification body shall, in accordance with the provisions of the Implementation Rules for Organic Product Certification, dispatch certification inspectors to conduct on-site inspections of the organic product production and processing facilities. Additionally, the certification body shall entrust an inspection and testing organization with legally recognized qualifications to carry out inspection and testing of the products applying for certification.

　　According to the Implementation Rules for Organic Product Certification, if on-site (base) environmental monitoring or inspection is required, the monitoring or inspection report shall be issued by a monitoring or inspection agency with legal qualifications, or the certification applicant’s other legally valid environmental monitoring or inspection conclusions shall be accepted.

　　Article 11   For products that meet the certification requirements for organic products, the certification body shall promptly issue an organic product certification certificate to the applicant and permit them to use the China Organic Product Certification Mark. For products that do not meet the certification requirements, the certification body shall notify the applicant in writing, stating the reasons for non-compliance.

　　The certification body and its certification personnel shall be responsible for the certification conclusions they issue.

　　Article 12   The certification body shall ensure that the certification process is complete, objective, and authentic, and shall maintain a comprehensive record of the certification process, archiving it for future reference to guarantee the traceability of both the certification process and its results.

　　Product inspection and testing as well as environmental monitoring (inspection) agencies shall ensure the authenticity and accuracy of their inspection, testing, and monitoring conclusions, and maintain complete records of the inspection, testing, and monitoring processes for archiving and retention. Product inspection and testing agencies, environmental monitoring agencies, and their relevant personnel shall be responsible for the content and conclusions of the inspection, testing, and monitoring reports they issue.

　　The retention period for the records stipulated in this article is: 5 Year.

　　Article 13   The certification body shall, in accordance with the provisions of the certification implementation rules, conduct effective follow-up inspections of certified products and their production and processing procedures to ensure that the certification conclusions continue to meet the certification requirements.

　　Article 14   The certification body shall promptly issue a certificate of organic product sales to the certification applicant, ensuring that the categories, scope, and quantities of organic products sold by the certification applicant are consistent with those specified in the certification certificate.

　　Article 15   The content of organic ingredients (expressed as weight or liquid volume, excluding water and salt; the same applies hereinafter) is equal to or greater than: 95 Processed products bearing the “organic” label and the organic product certification mark may only do so after obtaining organic product certification.

　　Article 16   Certification bodies shall not certify products with organic ingredient content below... 95 % of processed products are certified organic.

Chapter 3: Import of Organic Products

　　Article 17   Organic product authorities from countries or regions exporting organic products to China may submit an application for equivalence assessment of their organic product certification systems to the State Administration for Market Regulation. The State Administration for Market Regulation will accept such applications and organize relevant experts to evaluate the submitted applications.

　　The assessment can be conducted through methods such as document review and on-site inspections.

　　Article 18   If the organic product certification system of a country or region exporting organic products to China is equivalent to China’s organic product certification system, the State Administration for Market Regulation may sign a relevant memorandum with its competent authority.

　　Organic products exported from this country or region to China shall be managed in accordance with the provisions of the relevant memorandum.

　　Article 19   Imported products from countries or regions that have not signed a relevant memorandum of understanding with the State Administration for Market Regulation regarding the equivalence of organic product certification systems shall, when intended for export to China as organic products, comply with China’s applicable laws and regulations on organic products as well as the requirements of China’s national standards for organic products.

　　Article 20   Producers, sellers, importers, or agents of imported products that require China’s organic product certification (hereinafter collectively referred to as the “imported organic product certification applicants”) shall submit a certification request to a certification body approved by the State Administration for Market Regulation.

　　Article 21   The applicant for organic product certification shall, in accordance with the provisions of the Organic Product Certification Implementation Rules, submit the relevant application materials and documents to the certification body. Among these, the application form, survey forms, processing flowcharts, product formulations, and input materials used in the production and processing stages—all certification application materials and documents—must be submitted simultaneously in Chinese. If the application materials do not meet the requirements, the certification body shall refuse to accept the certification application.

　　Certification bodies engaging in the certification of imported organic products shall comply with the provisions of these Measures and the Implementation Rules for Organic Product Certification. Certification inspection records and inspection reports, among other documents, shall be available in Chinese.

　　Article 22   When declaring imported organic products for entry inspection and quarantine, applicants shall submit copies of the Chinese organic product certification certificate they have obtained, copies of the organic product sales permit, the certification mark, and product labels, among other relevant documents.

　　Article 23   From the date on which the certification body issues an organic product certification certificate to the applicant for imported organic products, 30 Within the day, the certification body shall submit the following written materials to the State Administration for Market Regulation:

　　(1) Categories, scope, and quantity of certified products;

　　(2) The name, address, and contact information of the applicant for organic product certification for import;

　　(3) The name, address, and contact information of the certified product manufacturer and importer;

　　(4) Photocopies of certification certificates and inspection reports (in both Chinese and foreign languages);

　　(5) Other materials specified by the State Administration for Market Regulation.

Chapter 4: Certification Certificates and Certification Marks

　　Article 24   The State Administration for Market Regulation is responsible for establishing the basic format of organic product certification certificates, the numbering rules, and the design and numbering rules for the certification marks.

　　Article 25   The certification certificate is valid for: 1 Year.

　　Article 26   The certification certificate shall include the following contents:

　　(1) The name and address of the certification applicant;

　　(2) The name and address of the producer, processor, and place of origin (base) of the certified product;

　　(3) The number of certified products, the area of their place of origin (base), and the types of products;

　　(4) Certification Category;

　　(5) The applicable national standards or technical specifications;

　　(6) Name of the certification body, signature of its responsible person, date of issuance, and validity period.

　　Article 27   If any of the following circumstances occur during the validity period of the certification certificate for a certified product, the certification applicant shall: 15 Apply to the certification body for a change within the day. The certification body shall, from the date of receipt of the application for amendment to the certification certificate, ... 30 Within the day, make changes to the certification certificate:

　　(1) When the name or legal nature of the certification applicant or the organic product production and processing entity changes;

　　(2) Those with reduced product types and quantities;

　　(3) Other circumstances requiring changes to the certification certificate.

　　Article 28   If any of the following circumstances exist, the certification body shall: 30 Cancel the certification certificate within the day and publicly announce it:

　　(1) The certification certificate has expired and no application for extension of use has been submitted;

　　(2) Products that have obtained certification are no longer being manufactured;

　　(3) The applicant for certification of the certified product applies for cancellation;

　　(4) Other circumstances requiring cancellation of the certification certificate.

　　Article 29   If any of the following circumstances exist, the certification body shall: 15 The certification certificate is suspended for the day, and the suspension period of the certification certificate is: 1 To 3 months, and publicly announce:

　　(1) Failure to use the certification certificate or certification mark as required;

　　(2) The production, processing, sales activities, or management system of the certified product do not comply with the certification requirements, but the certification body has assessed that effective corrective or remedial measures can be taken within the suspension period;

　　(3) Other circumstances requiring suspension of the certification certificate.

　　Article 30   If any of the following circumstances exist, the certification body shall: 7 Withdraw the certification certificate within the day and publicly announce it:

　　(1) The quality of the certified product does not meet the mandatory requirements of relevant national regulations and standards, or is found to contain substances prohibited by the national standards for organic products;

　　(2) The certified product was produced or processed using substances prohibited by the national standards for organic products, or was contaminated by such prohibited substances;

　　(3) The certification applicant for a certified product has falsely or deliberately concealed information required for certification;

　　(4) The certification client of a certified product uses the certification mark beyond the scope authorized;

　　(5) The environmental quality of the production site (base) of the certified product does not meet the certification requirements;

　　(6) The production, processing, sale, or management system of the certified product does not comply with the certification requirements, and no effective corrective or remedial measures have been taken during the suspension period of the certification certificate.

　　(7) The certified product has undergone further processing, repackaging, or portioning at a location other than the production or processing facility indicated on the certification certificate;

　　(8) The certification client of a certified product has received significant complaints from relevant parties and, despite the existence of actual issues, has failed to take effective corrective measures;

　　(9) The certification client of a certified product has been subject to administrative penalties for violating national laws and regulations related to agricultural product and food safety management when engaging in organic product certification activities.

　　(10) The certification client of a certified product refuses to accept supervision conducted by the market supervision and administration department or the certification body;

　　(11) Other circumstances requiring revocation of the certification certificate.

　　Article 31   The certification mark for organic products is the China Organic Product Certification Mark.

　　The Chinese organic product certification mark features the Chinese characters “中国有机产品” and the English words “ ORGANIC The words “”. The pattern is as follows:

　　Article 32   The Chinese organic product certification mark shall be used within the product categories, scope, and quantities specified in the certification certificate.

　　The certification body shall assign a unique identification number (hereinafter referred to as the “organic code”) to each certification mark in accordance with the unified numbering rules issued by the State Administration for Market Regulation. Furthermore, the body shall adopt effective anti-counterfeiting and traceability technologies to ensure that every certification mark issued can be traced back to its corresponding certification certificate, the certified product, and the production and processing entities involved.

　　Article 33   The applicant for certification of a certified product shall affix the China Organic Product Certification Mark, the organic code, and the name of the certification body on the certified product itself or on its smallest sales package.

　　The Chinese organic product certification mark may be printed on the labels, instruction manuals, and advertising materials of certified products. The mark may be enlarged or reduced proportionally, but it must not be distorted or discolored.

　　Article 34   In any of the following circumstances, no organization or individual shall label products, the smallest sales packaging of products, or their labels with terms such as “organic,” or… ORGANIC Textual descriptions and graphics that include the words “etc.” and may mislead the public into believing that the product is organic:

　　(1) Those that have not obtained organic product certification;

　　(2) The certified product has undergone further processing, repackaging, or portioning at a location other than the production or processing facility indicated on the certification certificate.

　　Article 35   During the suspension of the certification certificate, the applicant for certification of the certified product shall suspend the use of the certification certificate and the certification mark. After the certification certificate is canceled or revoked, the applicant for certification shall return the certification certificate and any unused certification marks to the certification body.

Chapter 5: Supervision and Management

　　Article 36   The State Administration for Market Regulation conducts supervision and inspection, as well as ad-hoc special inspections, on the implementation of organic product certification activities.

　　Article 37   Local market supervision and administration departments at or above the county level shall, in accordance with the law, conduct supervision and inspection of organic product certification activities within their jurisdictions and investigate and deal with illegal acts in the production, processing, and sale of certified organic products.

　　Article 38   The methods of supervision and inspection employed by local market supervision and administration departments at or above the county level include:

　　(1) Supervision and inspection to determine whether organic product certification activities comply with the provisions of these Measures and the Implementation Rules for Organic Product Certification;

　　(2) Spot checks on certified products;

　　(3) Supervision and inspection of organizations certified for products, as well as those involved in the production, processing, import, and sale of such products;

　　(4) Supervision and inspection of organic product certification certificates and certification marks;

　　(5) Supervision and inspection of whether organic product certification consulting activities comply with relevant regulations;

　　(6) Investigation and handling of reports concerning organic product certification and certification consulting activities;

　　(7) Lawful investigation and punishment of illegal acts.

　　Article 39   The State Administration for Market Regulation regularly publishes updated information on organic product certification through its information system.

　　Before issuing a certification certificate, the certification body shall promptly submit relevant information on organic product certification to the information system as required and obtain a certification certificate number.

　　Before issuing the certification mark, the certification body shall upload information related to the certification mark and the organic code to the information system.

　　Local market supervision and administration departments at or above the county level shall, through information systems, conduct supervision and inspection of organic product certification activities carried out within their jurisdictions based on the certification-related information submitted and uploaded by certification bodies.

　　Article 40   The certification applicant for certified products, as well as entities and individuals engaged in the sale of organic products, shall establish a comprehensive product quality and safety traceability system and a system for maintaining records of production, processing, and sales throughout the entire process—including product production, processing, packaging, storage, transportation, and sales.

　　Article 41   Organic product sales entities and individuals, in the course of procuring, storing, transporting, and selling organic products, shall comply with the provisions of the national standards for organic products. They must ensure that the categories, scope, and quantities of organic products sold match those specified in the sales certificate, and they shall be able to provide copies of certification certificates and organic product sales certificates that are consistent with the original documents, for inspection by relevant administrative regulatory authorities or consumers.

　　Article 42   The market supervision and administration authorities may, based on information such as epidemic alerts for animals and plants and environmental pollution risk warnings issued by relevant national authorities, as well as findings from inspections and supervisions, consumer complaints and reports, and media coverage, promptly issue certification risk warning information concerning organic product certification zones, certified products, their certification applicants, and certification bodies, and take appropriate response measures accordingly.

　　Article 43   If the certification applicant of a certified product provides false information, illegally uses prohibited substances, misuses the organic certification mark beyond the permitted scope, or is involved in a major product quality and safety incident, the certification body... 5 No organic product certification applications from this enterprise, its production bases, or processing facilities will be accepted within the year.

　　Article 44   If the applicant for certification disagrees with the certification body’s certification conclusion or handling decision, they may file an appeal with the certification body.

　　Article 45   Any organization or individual may report any illegal activities in organic product certification to the market supervision and administration authorities. The market supervision and administration authorities shall promptly investigate and handle such reports and maintain confidentiality for the whistleblower.

Chapter Six: Penalties

　　Article 46   Those who forge, misuse, or illegally trade certification marks shall be penalized by the local market supervision and administration departments at or above the county level in accordance with the provisions of the "Product Quality Law of the People's Republic of China," the "Law of the People's Republic of China on Inspection of Import and Export Commodities," and their implementing regulations, as well as other relevant laws and administrative regulations.

　　Article 47   Those who forge, alter, misuse, illegally buy and sell, transfer, or tamper with certification certificates shall be ordered by the market supervision and administration departments at or above the county level to make corrections and shall be fined. 3 A fine of 10,000 yuan.

　　Any certification body that, in violation of the provisions of Article 39, Paragraph 2 of these Measures, independently assigns certification certificate numbers to the certification certificates it issues shall be deemed to have forged such certificates.

　　Article 48   In violation of the provisions of Article 34 of these Measures, products or their packaging and labels are marked with terms such as “organic,” ORGANIC Textual descriptions and graphics that include the words “etc.” and may mislead the public into believing that the product is organic shall be ordered to be corrected by the market supervision and administration departments at or above the county level, and a fine shall be imposed. 3 A fine of less than 10,000 yuan.

　　Article 49   If a certification body falls under any of the following circumstances, the State Administration for Market Regulation shall order it to make corrections, issue a warning, and publicly announce the violation:

　　(1) Failure to upload the organic product certification mark and organic code to the information system designated by the State Administration for Market Regulation as required under Article 39, Paragraph 3 of these Measures;

　　(2) Failure to submit the relevant certification information to the information system designated by the State Administration for Market Regulation in accordance with the provisions of Article 9, Paragraph 2 of these Measures, or submission of inaccurate information;

　　(3) Failure to submit the relevant materials for filing with the State Administration for Market Regulation as required under Article 23 of these Measures.

　　Article 50   In violation of the provisions of Article 16 of these Measures, the certification body has certified organic ingredients with a content below... 95 For processed products that have undergone organic certification, the market supervision and administration departments at or above the county level shall order rectification and impose a fine. 3 A fine of less than 10,000 yuan.

　　Article 51   If a certification body violates the provisions of Article 29 and Article 30 of these Measures by failing to promptly suspend or revoke certification certificates and publicly announce such actions, it shall be penalized in accordance with Article 59 of the "Regulations of the People's Republic of China on Certification and Accreditation."

　　Article 52   If a certification body or the applicant for certification of a certified product refuses to accept the supervision and inspection conducted by the State Administration for Market Regulation or the market regulation authorities at or above the county level, they shall be ordered to make corrections within a specified time limit. If they fail to make corrections within the prescribed time limit, they shall be subject to a fine. 3 A fine of less than 10,000 yuan.

　　Article 53   Other illegal acts in organic product certification activities shall be penalized in accordance with the provisions of relevant laws, administrative regulations, and departmental rules.

Chapter VII Supplementary Provisions

　　Article 54   The fees for organic product certification shall be charged in accordance with the provisions of relevant national laws and administrative regulations on pricing.

　　Article 55   Organic products exported shall comply with the requirements of the importing country or region.

　　Article 56   The organic ingredients referred to in these Measures shall mean any substance— including additives—that is used in the manufacture or processing of organic products and is present in the products (including in modified forms).

　　Article 57   This regulation is interpreted by the State Administration for Market Regulation.

　　Article 58   This measure shall take effect from... 2014 Year 4 Moon 1 Effective from the date of promulgation. General Administration of Quality Supervision of the People’s Republic of China 2004 Year 11 Moon 5 The “Administrative Measures for the Certification of Organic Products” released on [date] (General Administration of Quality Supervision, Inspection and Quarantine No. [number]) 67 The order is hereby repealed simultaneously.