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英譯法規內容

Title Imported Organic Agricultural Product and Organic Agricultural Processed Product Management Regulations Ch
Date 2021.01.11
Legislative 1.Promulgated under Order Nung-Liang-Tze 0961061379 and
Wei-Shu-Shi-Tze 0960404180 dated July 27, 2007
2.All articles amended and promulgated under Order Nung-Liang-Tze
0981047719 and Wei-Shu-Shi-Tze 0980402341 dated July 24,2009
3.Articles 4 and 11 amended under Order Nung-Liang-Tze 1001053260
and Wei-Shu-Shi-Tze 1001301669 dated June 23, 2011
4.Article 4, 5, and 17 amended under Order Nung-Liang-Tze 1060207890B
and Wei-Shu-Shi-Tze 1061301348 dated June 26, 2017
5. Abolished under Order Nung-Liang-Tze 1091071855A dated
January 11, 2021
Content Chapter 1  General Principles

Article 1

  These regulations are established in accordance with Paragraph 2,
Article 6 of the Agricultural Production and Certification Management
Act (hereinafter referred to as the Act).

 
Article 2
    If a mutual recognition agreement or arrangement on the accreditation
of organic agricultural product certification bodies is concluded between
the Republic of China (Taiwan) and other countries or between the
organization/juristic person commissioned by the central
competent authority and international organic accreditation organizations,
the central competent authority may directly announce the name of the
accreditation body of the partner country or the international organic
accreditation organization in accordance with Paragraph 1, Article 6 of the Act.

 
Article 3
    Under any of the following circumstances, the central competent
authority shall cancel the recognition of an accreditation body or
international organic accreditation organization announced
in accordance with Paragraph 1, Article 6 of the Act,
and shall make an announcement to that effect:
1. Where the mutual recognition agreements or arrangements
that the Republic of China (Taiwan) or the organization/juristic person
commissioned by the central authority signed with other parties
are no longer valid; or
2. Where the central competent authority determines that,
based on the information collected, large deviations exist between
the regulations of organic agriculture products in the partner countries
and the certification criteria for organic agricultural products and organic
agricultural processed products of this country,
or related management systems cannot be effectively implemented.


 Chapter 2 Import Review and Management

Article 4

    When an agricultural product or processed agricultural product is to
be imported and sold as organic, the importer shall complete
an application form and attach the following documents and apply to the
central competent authority for review prior to sale:
1.A photocopy of the company license or business registration document;
2.A certificate demonstrating that the imported agricultural products
or processed agricultural products have been granted as organic
3.A photocopy of the declaration with its import and export permit
blank filled with the pre-generated number of the approval document
for organic indication. But for those importations prior to
December 31, 2017, a copy of the slip of import declaration
shall be attached instead.
4.A certificate of quarantine inspection or a certificate of quarantine
compliance issued by the animal quarantine authority or plant quarantine
authority of the exporting country, except for those items that are exempted
from the quarantine requirement.
5.Other documents required by the central competent authority.


Article 5
    The certification document mentioned in Subparagraph 2 of the
preceding Article shall be issued by a certification body accredited by
a national accreditation body or international organic accreditation
organization announced by the central competent authority in accordance
with Paragraph 1, Article 6 of the Act.
    The certification document mentioned in the preceding Paragraph
shall include the following items:
1.The name and address of the agricultural product business operator;
2.The name and batch number of the product, and the percentage
content of organic raw materials in processed agricultural products;
3.The weight or volume of the product;
4.The name of the importer or buyer;
5.The name and address of the certification body;
6.The date of issuance; and
7.Other items required by the central competent authority.


 
Article 6
    When it is deemed necessary, the central competent authority may
request that the applicant provide samples for inspection or testing in
order to perform the review specified in Article 4.

 
Article 7
    Under any of the following circumstances, the central competent
authority shall reject the application and clearly state the reasons:
1.Where the organic raw material content of the imported organic
agricultural processed products is less than 95%;
2.Where the imported agricultural products or processed agricultural
products after quarantine treatment do not comply with the certification
criteria for organic agricultural products and organic agricultural
processed products in the Republic of China (Taiwan);
3.Where the applicant, without good cause shown, fails to make
corrections or provide samples within the given time limit upon
receipt of notice; or
4.Where the results of product testing do not comply with the
requirements of Article 13 of the Act.
    The requirements of certification criteria for organic agricultural
products or organic agricultural processed products shall apply to the
calculation of organic raw material content mentioned in Subparagraph
1 of the preceding Paragraph.


Article 8
    The central competent authority shall issue an organic labeling approval
document to the applicant when the imported organic agricultural products
and organic agricultural processed products pass review.
    The organic labeling approval document mentioned in the preceding
Paragraph shall state the following items:
1.The name and address of the importer;
2.The name of the agricultural product operator in foreign countries;
3.The name and batch number of the products;
4.The weight or volume of the products;
5.The name of the certification body; and
6.The number of the organic labeling approval document.

 
Article 9
    Importers shall preserve records and documents pertaining to
the import and sale of organic agricultural products and organic
agricultural processed products for at least one year. However,
when the label of a certified product indicates an expiration date,
the records and documents shall be preserved until at least
one year after the expiration date.

 
Chapter 3  Labeling and Marks

Article 10

    The language used for labeling imported organic agricultural products
and organic agricultural processed products shall be standard Chinese,
which may be supplemented by foreign languages or
commonly used symbols.


Article 11
    The container or packaging of imported organic agricultural
products and organic agricultural processed products shall include the
following statements on the labels at the time of sale:

1.Product name;
2. Names of ingredients;
3. Name, telephone number and address of the importer;
4.Place (country) of origin, except for those of which the labeling of
production factories’ addresses could signify the place (country) of origin;
5. Name of the certification body;
6.The number of the organic labeling approval document; and
7.Other statements that are required to be labeled in accordance with
other labeling regulations or as announced by the central
competent authority.
    The names of ingredients are not required to be labeled when
they are completely identical to those mentioned in Subparagraphs
1 and 2 of the preceding paragraph.
    The product name mentioned in Subparagraph 1, Paragraph 1
shall contain the word "organic."
 
         
Article 12
    The labeling of the name of raw materials mentioned in Subparagraph 2,
Paragraph 1 of the preceding Article, except water and salt,
may use the word "organic" or other symbolic notation to indicate
organic raw material items.
 

Article 13
    The labeling of origin of place (country) mentioned in Subparagraph 4,
Paragraph 1 of Article 11 shall comply with the following requirements:
1.   The place (country) of origin shall be determined in accordance with
Regulations Governing the Determination of Country of Origin of
an Import Good; and
2.   The markings shall be located in a visible place of the packaging
or container.

Article 14
    The labeling of the name of the certification body mentioned in
Subparagraph 5, Paragraph 1 of Article 11 shall be marked in
a visible place of the packaging or container. Where the certification body
mark is labeled, labeling of the name of the certification body
is not required.


Article 15
    When an agricultural product operator wishes to sell bulk organic
agricultural products and organic agricultural processed products,
at the regular business places, a sign near the place of display and sale
to state the product name and the place (country) of origin, and a photocopy
of the organic agricultural product certificate as specified in Subparagraph 6,
Paragraph 1, Article 11 shall be displayed.
The requirements of Paragraph 3 of Article 11 and Paragraph 1 of Article 13
shall apply to the labeling of product name and place (country) of origin
mentioned in the preceding Paragraph.
    The height and width of the characters for marking the place (country)
of origin mentioned in Paragraph 1 shall not be less than 3 cm.

Chapter 4  Supplementary Provisions

Article 16

    The central competent authority may mandate its subordinate agency or
authorize other organization/institute, juristic person or group to perform
the review in Article 4, the inspection and testing in Article 6, the rejection
of application in Article 7 or the issuance of organic labeling approval
document in Paragraph 1 of Article 8.
 

Article 17
    Where the attached documents as required by these Regulations are
not in the language of Chinese, a copy of Chinese translations stamped
with seals of the importer and the responsible person, and noted that
the translation is equivalent to the original shall be provided.


Article 18
    The central competent authority may request an embassy
or representative office of the Republic of China (Taiwan),
or relevant country or organization,
to assist in verifying the authenticity of documents and content submitted
by applicants in accordance with these Regulations.
 

Article 19
    These Regulations shall come into force on the date of promulgation.