Green Food Label Management Measures

                                                                   2012-10-25 China's Qiqihar

                                                                          Ministry of Agriculture Order of the People's Republic of China

                                                                              2012 No. 6

The Measures for the Administration of Green Food Label has been examined and approved by the 7th executive meeting of the Ministry of Agriculture on June 13, 2012 and is hereby promulgated and will come into force on October 1, 2012.

 

                                                                             Minister: Han Chang Fu

                                                                                       July 30, 2012

 

Green Food Label Management Measures


Chapter I General Provisions

Article 1 In order to strengthen the management of the use of green food signs, ensure the credibility of green food, promote the healthy development of green food businesses, and safeguard the legitimate rights and interests of producers, operators and consumers, according to the "Agricultural Law of the People's Republic of China" and the "Food Safety Law of the People's Republic of China" , "Law of the People's Republic of China on Quality and Safety of Agricultural Products" and "Trademark Law of the People's Republic of China".

Article 2 The term "green food" as mentioned in the present Measures refers to safe, high quality edible agricultural products and related products that are produced in a fine ecological environment, produced in accordance with green food standards, implemented throughout the entire quality control and obtained the right to use green food signs.

Article 3 The green food sign shall be registered as a certification mark according to law and shall be protected by law.

Article 4 The administrative department of agriculture under the people's government at or above the county level shall supervise and administer the green food and green food sign according to law.

Article 5 China Green Food Development Center shall be responsible for the examination, certification and certification follow-up inspection of the applications for the use of green food signs throughout the country.

The green food work agencies (hereinafter referred to as provincial work agencies) under the administrative department of agriculture under the provincial people's government are responsible for accepting, examining and approving the use of green food signs in their respective administrative regions.

Article 6 The standards and norms of environment, production technology, product quality, packaging, storage and transportation of green food origin shall be formulated and promulgated by the Ministry of Agriculture.

Article 7 The technical institutions undertaking the environmental testing of green food products and producing areas shall have corresponding testing conditions and capabilities and shall be qualified according to law and designated by the China Green Food Development Center in accordance with the principles of fairness, fairness and competition and submitted to agriculture Ministry for the record.

Article 8 The agricultural administrative department of the local people's government at or above the county level shall encourage and support the production of green food and include it in the plans for the development of local agriculture and rural economy and support the construction of a green food production base.

Chapter II mark the use of applications and approval

Article 9 Products applying for the use of green food markings shall comply with the laws and regulations such as the Food Safety Law of the People's Republic of China and the Law of the People's Republic of China on the Quality and Safety of Agricultural Products and shall have the following qualifications as approved by the Trademark Office of the State Administration for Industry and Commerce condition:

(A) the origin of the product or product raw materials in line with the environmental quality standards of green food origin;

(2) The use of inputs such as pesticides, fertilizers, feedstuffs, veterinary drugs, etc. complies with the guidelines for the use of green food inputs;

(C) product quality in line with the green food product quality standards;

(D) packaging and transportation in line with the green food packaging storage and transportation standards. The company is located in:

Article 10 Production units applying for the use of green food signs (hereinafter referred to as applicants) shall meet the following conditions:

(A) be able to bear civil liability independently;

(B) with the environmental conditions of green food production and production technology;

(C) has a perfect quality management and quality assurance system;

(D) with production scale and production technology and quality control personnel;

(E) a stable production base;

(Vi) no quality safety accidents and bad faith records within three years before application.

Article 11 The applicant shall submit an application to the provincial working organization and submit the following materials:

(A) mark the use of the application;

(B) qualification certificate;

(C) product manufacturing technical regulations and quality control norms;

(D) pre-packaged product packaging labels or design proofs;

(5) Other certification materials submitted by China Green Food Development Center.

Article 12 The provincial-level working organization shall complete the material examination within 10 working days from the date of receipt of the application. Meet the requirements, be accepted, and in the production of raw materials and products during the production of qualified inspectors to complete the on-site inspection; do not meet the requirements, will not be accepted, notify the applicant in writing and inform the reasons.

If the on-site inspection is successful, the provincial-level working organization shall notify the applicant in writing, and the applicant shall entrust the testing agency that meets the requirements of Article 7 to test the application products and the corresponding environment of origin; if the on-site inspection fails, the provincial-level working organization shall return Apply and give reasons in writing.

Article 13 After accepting the entrustment by the applicant, the testing agency shall arrange on-the-spot sampling in a timely manner and shall complete the testing within thirty working days from the sampling date of the environmental sample within twenty working days from the sampling of the product sample and issue Product quality inspection report and place of origin environmental monitoring report submitted to the provincial agencies and applicants.

Testing agencies should be responsible for the test results.

Article 14 The provincial-level working organization shall, within twenty working days from the date of receipt of the product inspection report and the environmental monitoring report of the place of origin, put forward the opinions of the first instance. The first instance of qualified, the first instance opinions and related materials submitted to China Green Food Development Center. If the first instance is unqualified, the application shall be returned with the reasons in writing.

Provincial working bodies should be responsible for the results of the first instance.

Article 15 China Green Food Development Center shall complete the written examination within thirty working days from the date of receiving the application materials submitted by the provincial working organization and organize the expert evaluation within twenty working days. When necessary, on-site verification should be carried out.

Article 16 China Green Food Development Center shall, based on the opinions of experts, make a decision on whether to issue a certificate within five working days. Agree to issue the certificate, sign the contract for the use of green food signs with the applicant, issue a certificate of use of the green food sign, and make a public announcement; if they disagree with the certification, they shall notify the applicant in written form and inform them of the reasons.

Article 17 The Certificate of Green Food Labeling is the certificate of the applicant's legitimate use of the green food label and shall contain the name of the product permitted to be used, the name of the trademark, the certified company and its information code, the approved output, the product serial number, the valid period of use of the mark, Certification body and other content.

Green food mark the use of certificates in Chinese, English version, with the same effect.

Article 18 The certificate of green food use shall be valid for three years.

If the certificate expires and needs to continue to use the green food mark, the sign user should submit a written application for renewal to the provincial-level working organization three months prior to the expiration of the mark. The provincial-level working organization shall organize the relevant inspection, testing and material examination within forty working days. The first trial pass, by the China Green Food Development Center within 10 working days to make a decision whether to grant renewal. Where a permit is renewed, the user of the sign shall renew the contract for the use of the sign of green food and issue a certificate of use for the new sign of green food and make a public announcement; if the sign of renewal is not renewed, the sign user shall be informed in writing and the reason shall be informed.

If the user of the mark fails to make an application for renewal or fails to apply for the renewal of the mark, he shall not continue to use the green food mark.

Chapter III mark the use of management

Article 19 The user of the mark shall enjoy the following rights during the valid period of the certificate:

(A) the use of green food signs in the certified products and their packaging, labeling, instructions;

(2) Use of green food signs in the marketing activities of certified products such as advertisements, exhibitions and exhibitions;

(C) priority in the construction of agricultural products production base, standardization of agricultural production, industrial management, marketing and other aspects of agricultural products to enjoy the relevant support policies.

Article 20 The user of the mark shall perform the following obligations within the validity period of the certificate:

(A) Strict implementation of green food standards, to maintain a stable environment of green food origin and product quality;

(B) comply with the use of signs and the relevant provisions of the contract, regulate the use of green food signs;

(III) Actively cooperate with the supervision and inspection of the agricultural administrative departments of the people's governments at or above the county level and the follow-up inspection of the green food working institutions to which they belong.

Article 21 Without the permission of China Green Food Development Center, no unit or individual may use the green food mark.

It is forbidden to use green food symbol for non-licensed products and their business activities.

Article 22 Where there is a change in the unit name, product name, product mark, etc. of the user of the sign during the valid period of the certificate, it shall apply to the China Green Food Development Center for the formalities of alteration upon examination and approval by the provincial-level working organization.

Where conditions of origin, production technology and other conditions change so that the product no longer meets the requirements of the green food standard, the user of the mark shall stop using the mark immediately and report to the China Green Food Development Center through the provincial-level working organization.

Chapter IV Supervision and Inspection

Article 23 The sign user shall improve and implement the product quality control system and be responsible for the quality and credibility of the green food produced by the sign user.

Article 24 The administrative department of agriculture under the local people's government at or above the county level shall step up the supervision and administration of green food signs and supervise and inspect the environment, product quality, packaging marks, use of signs and the like of the places where green food originates in the area under its jurisdiction.

Article 25 China Green Food Development Center and provincial working agencies shall establish a system for prevention and emergency handling of green food risks and organize the follow-up inspection of the use of green food and signs.

Provincial-level work organizations shall organize annual inspections of the use of green food signs by users of green food signs within their jurisdiction. If the inspection is successful, the annual inspection pass shall be stamped on the certificate of use of the mark.

Article 26 Where a user of a sign has one of the following circumstances, the China Green Food Development Center shall cancel the right of use of the logo, withdraw the certificate of use of the logo and make a public announcement:

(A) the production environment does not meet the green food environmental quality standards;

(B) product quality does not meet the quality standards of green food products;

(C) the annual inspection failed;

(4) Failure to comply with the contract of using the mark;

(E) use of signs and certificates in violation of the provisions;

(6) obtaining the right of use of the sign by improper means such as fraud or bribery.

If the sign consumer is canceled the right to use the sign in accordance with the provisions of the preceding paragraph, the China Green Food Development Center shall not accept the application within three years; if the circumstance is serious, the application shall not be accepted forever.

Article 27 No unit or individual may forge or transfer the certificate of green food mark and mark.

Article 28 The state encourages units and individuals to exercise social supervision over the use of green food and signs.

Article 29 Persons involved in the examination, examination and supervision of green food products that abuse their powers, favoritism and malpractice and neglect their duties shall be given administrative penalties or administrative sanctions in accordance with the relevant provisions. If they constitute a crime, they shall be transferred to judicial organs for criminal prosecution according to law.

In case of falsifying the test results by the technical agencies that undertake the environmental testing of green food products and producing areas, they shall be disqualified by China Green Food Development Center from being punished in accordance with the law and shall never again undertake the environmental testing of green food products and producing areas.

Article 30 Any other violation of the provisions of these Procedures shall be punished in accordance with the laws and regulations such as the Food Safety Law of the People's Republic of China, the Law of the People's Republic of China on the Quality and Safety of Farm Products, and the Trademark Law of the People's Republic of China.

Chapter V Supplementary Provisions

Article 31 The methods and standards for charging green food signs shall be implemented in accordance with the relevant provisions of the state.

Article 32 These Procedures shall come into force on October 1, 2012. The "Green Food Label Administrative Measures" (1993 Agricultural (Green) Word No.1) issued by the Ministry of Agriculture on January 11, 1993 shall be abolished at the same time.