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英譯法規內容

法規名稱(Title) Operating Guidelines in Review for Issuance of Document to Approve Organic Labeling of Imported Organic Agricultural Food Products and Organic Agricultural Food Processed Products Ch
公發布日(Date) 2017.06.26
法規沿革(Legislative) 1.Enacted under Order Nung-Liang-Tze
0981046142 dated January 22, 2009
2.Amended under Order Nung-Liang-Tze 0981048477 dated
September 8, 2009
3.Articles 4 amended under Order Nung-Liang-Tze 1001053766 dated
July 5, 2011
4.Article 3, 4, and 12 and Appendix 8 of Article 11 amended under Order
Nung-Liang-Tze 1041071067A dated December 29, 2015
5.Appendix 1 of Article 2 and Appendix 2 of Article 3 amended under
Order Nung-Liang-Tze 1061069245A dated June 26, 2017
法規內文(Content)

1.The operating guidelines are duly enacted by the Council of
  Agriculture of the Executive Yuan (the Cabinet) (hereinafter
  referred to as COA or Council of Agriculture) in an effort to
  provide uniform specifications to review documents to approve
  application by importers for organic labeling of imported
  organic agricultural food products and organic agricultural
  food processed products (hereinafter referred to as Documents
  to Approve Organic Labeling in brief).


2.The operating procedures for application, review and issuance of
  Documents to Approve Organic Labeling: As provided in Appendix 1.


3.An importer shall, before filing application for issuing
  Documents to Approve Organic Labeling for the first time,
  fill out the application form for importer registration (Cf.
  Appendix 2) and submit it along with the profit-seeking
  enterprise registration certificate affixed with seals of
  the importer and its responsible person to the Council of
  Agriculture for issuance of importer registration code.
  The Council of Agriculture shall inform the importer in
  writing when issuing importer registration code in accordance
  with the preceding paragraph.
  The importers who have received the approval for Organic
  Labeling issued by Council of Agriculture before December 31,
  2009 shall apply for importer registration code based on
  Paragraph 1 on or before December 31, 2010.


4.An importer shall, while applying for issuance of the
   document to approve organic labeling, fill out the
   application form (Cf. Appendix 3) and submit the following
   documents to the Council of Agriculture for the application
   process:
   (1) A photocopy of the profit-seeking enterprise registration
       certificate affixed with seals of the importer and its
       responsible person.
   (2) An Organic Certificate of imported organic agricultural
       food products and organic agricultural food processed
       products.
   (3) An accreditation document demonstrating that the foreign
       certification body has been accredited by an accreditation
       body in a country or international organic accreditation
       body (organization) promulgated by the Council of
       Agriculture under Article 6, Paragraph 1 of Agricultural
       Product Production and Certification Management Act
       (hereinafter referred to as the Act). Such certificates
       may be dispensed with, nevertheless, if such foreign
       certification body has been registered with the Council
       of Agriculture.
   (4) A photocopy of the import declaration with its import and
       export permit blank filled with the pre-generated number
       of the approval document for organic labeling. But for
       those importations prior to December 31, 2017, a photocopy
       of the import slip of import declaration shall be attached
       instead.
   (5) A certificate of quarantine inspection or a certificate of
       quarantine compliance issued by the import and export
       animal quarantine authority or plant quarantine authority,
       except for those items that are exempted from the
       quarantine requirement.
   (6) Review fee to be paid in a postal money order.
   If the supporting certificates specified in Subparagraphs 2 of
   the preceding paragraph submitted is found to contain false
   information and the following documents reissued by the foreign
   certification body have yet reached the importer, a photocopy
   affixed with the seal of the company and responsible person
   stamped and a mark indicating that the document is identical
   to the original copy should be submitted, and the original copy
   should be supplemented in one month starting from the next day
   of the day when the photocopy is submitted. In cases of overdue
   or inconsistency between the photocopy and the original copy,
   the issued labeling approval documents will be voided, and the
   violating importer shall only be allowed to apply with the
   original copy within 3 years of the due date of original copy
   submission.
   Proving documents specified in Subparagraph 3 and Subparagraph
   5 of Paragraph I can be substituted with photocopies that are
   affixed with the seal of the importer and responsible person
   and a remark indicating that the document is identical to the
   original copy.
   The information of the foreign certification bodies registered
   with the Council of Agriculture mentioned in Paragraph I,
   Subparagraph 3 shall be disclosed through the website of the
   Agriculture and Food Agency, Council of Agriculture.
   An applicant should file application mentioned in Paragraph I
   through an agent by issuing the Power of Attorney (Cf.
   Appendix 4).
 

5.While applying for issuing document to approve organic labeling,
  the applicant shall, based on the numbering and coding principles
  for organic labeling set forth in the remarks of the application form,
  complete coding process and enter the codes into the appropriate
  box of the application form and shall duly file application along with
  the accompanying documents specified in the preceding paragraph.

 
6.Where an application is found inconsistent with the specified process
  but where remedy proves possible, the case shall be handled in
  accordance with the following manner:
  (1)The applicant shall complete the remedial actions within one month
     after receipt of the notice from the Council of Agriculture.  
     If the applicant fails to complete remedial process within the specified
     time limit without a justifiable reason, the Council of Agriculture shall
     dismiss the application with a receipt and with statement of the
     reasons of dismissal.The review fee already paid by the applicant
     shall not be returned.
  (2)Where the applicant has submitted remedial action in response to
     the notice received from the Council of Agriculture but the remedy
     is still found inconsistent with the specified process, the applicant is
     deemed as having not submitted the remedy.  The Council of
     Agriculture  shall dismiss the application with a receipt and with
     statement of the reasons of dismissal.  The review fee already
     paid by the applicant shall  not be returned.

7.Where an application is to be accompanied with samples for inspection,
  the application shall be handled in the following manner:
  (1)Where the applicant is advised by the Council of Agriculture to
     submit samples for inspection, the applicant shall submit samples in two
     portions in the smallest possible packaging based on the notice for
     submittal of samples issued by the Council of Agriculture (Cf. Appendix 5)
     to the Council of Agriculture within one month of the issuance of
     import clearance.  If the samples are not submitted within the specified
     time limit without justifiable reasons, the Council of Agriculture shall
     dismiss the application with a receipt and with statement of the reasons 
     of dismissal.  The review fee already paid by the 
     applicant shall not be returned.
  (2)Upon receipt of the samples submitted by the applicant,
     the Council of Agriculture shall issue a receipt of samples received
     (Cf. Appendix 6) to the applicant in response.
  (3)Where the samples submitted by the applicant are found
     inconsistent with the requirements but remedy proves possible,
     the procedures set forth in preceding paragraph shall apply.
  (4)Where the samples submitted by the applicant prove inconsistent
     with the requirements after the inspection process, the Council of
     Agriculture shall dismiss the application with a receipt and with
     statement of the reasons of dismissal.The review fee already
     paid by the applicant shall not be returned.

8.Where samples submitted in an application case prove necessary to
  receive inspection, the case shall be handled in the following manner:
  (1)The applicant shall submit the inspection fee and samples enough
     for inspection and for archiving to the inspection body specified by the
     Council of Agriculture (hereinafter referred to as the Specified Inspection
     Body) based on the notice for submittal inspection issued by the Council
     of Agriculture (Cf. Appendix 7) within one month of the issuance of import
     clearance.  If the fee and the samples are not submitted within the
     specified time limit without justifiable reasons, the Council of
     Agriculture shall dismiss the application with a receipt and with
     statement of the reasons of dismissal.  The review fee already
     paid by the applicant shall not be returned.
  (2)The Council of Agriculture shall serve a duplicate copy to the Specified
     Inspection Body when advising the applicant in accordance
     with the preceding paragraph.
  (3)The Specified Inspection Body shall, after completing the inspection of
     the samples, serve the result of inspection to the Council of Agriculture
     and serve a photocopy of the result to the applicant.
  (4)In the event that the submitted samples fail to pass inspection and the
     applicant does not apply for recheck within the time limit specified
     under Article 10, and if application for recheck is not permitted,
     the Council of Agriculture shall dismiss the application with a receipt
     and with statement of the reasons of dismissal.  The review fee
     already paid by the applicant shall not be returned.

9.The volume of the “samples enough for inspection and for archiving”
  mentioned in Paragraph 1 of the preceding Article shall be duly
  determined based on Rules on Sampling Methods and Quantities of
  Agricultural Food Products and Agricultural Food Processed Products.
 
10.Where an applicant objects the inspection results under Article 8,
   Paragraph 3, he or she may pay inspection fee and apply to the original
   Specified Inspection Body for re-inspection within fifteen days after
   receipt of the notice.  The applicant may apply for re-inspection
   only once.
   The re-inspection mentioned in the preceding paragraph shall be
   conducted only upon the original samples.  If the original samples
   have been deteriorated, no re-inspection shall be permitted.
   After the re-inspection mentioned in the preceding paragraph
   is completed, actions shall be subsequently taken in accordance
   with Article 8, Paragraphs 3 and 4.

11.After an application case satisfactorily passes the review process,
   the Council of Agriculture will issue the receipt of review fee to the
   applicant and will issue the document to approve organic labeling
   based on the code of Approval for Organic Labeling (Cf. Appendix 8).

12.Important notes to an importer who applies for issuance of
    the document to approve organic labeling:
    (1) The document verifying certification of review over the
        imported organic agricultural food products and organic
        agricultural food processed products under application
        shall be duly issued by the certification bodies duly
        accredited by a National or an International Organic
        Accreditation Body (Organization) promulgated by the
        Council of Agriculture in accordance with Article 6,
        Paragraph 1 of the Act.
    (2) The imported products applied for review shall be
        agricultural food products the content of the organic
        raw materials of which shall not be less than 95%.
    (3) The quarantine inspection for the imported organic
        agricultural food products and organic agricultural food
        processed products under the application shall be
        consistent with the requirements set forth in
        Certification Criteria of the Imported Organic
        Agricultural Food Products and Organic Agricultural
        Food Processed Products of the Republic of China.
    (4) The Chinese labeling of the imported organic agricultural
        food products and organic agricultural food processed
        products under the application shall be consistent with
        the specified requirements.
    (5) In the event that the documents specified under Article 4
        are not in Chinese version, the applicant shall submit a
        copy of Chinese translation version which shall be affixed
        with the seals of the importer and its responsible person
        and shall be remarked “identical to the original”.
    (6) A file number for organic labeling for the application,
        under Article 5 shall not repeat another number.
    (7) The import declaration numbers and items entered shall be
        consistent with that entered on the import declaration. The
        total weight (volume) shall be filled referring to the net
        weight figures on the import declaration.

13.In case of a change in the entries of the document to approve organic
   labeling, the case shall be subject to review anew in accordance with
   these Operating Guidelines.
 
14.Issues to be handled by the Council of Agriculture under these
   Guidelines shall be implemented by the Branches of Agriculture a
   nd Food Agency (Cf. Appendix 9).

 

 

 

 

 

圖表附件(Attachments)