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英譯法規內容

Title Operating Directions in Review for Issuance of Document to Approve Organic Labeling of Imported Organic Agricultural Food Products and Organic Agricultural Food Processed Products Ch
Date 2020.12.31
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
6.Abolished under Order Nung-Liang-Tze 109107145 0A dated
December 31, 2020
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 and Food Agency (Cf. Appendix 9).
Attachments