| Legislative： |
1. Full text of 13 articles was promulgated by the Council of
Agriculture on May 9, 2019 per Order Nung-Liang-Tze
1081069050A, and was set to be effective on May 30, 2019. |
| Content： |
Article 1
These enforcement rules have been established in accordance with
Article 41 of Organic Agriculture Promotion Act (hereinafter
referred to as the Act).
Article 2
Organic agricultural products and in-conversion agricultural
products which meet any of the following conditions in
distribute procedure shall be certified in accordance with the
Act:
1. The original packages or labels of the organic agricultural
products or in-conversion agricultural products are changed,
and thereby the organic integrity of agricultural products
is affected.
2. Organic agricultural products or in-conversion agricultural
products are entrusted to another operator in production,
processing, packaging or distribution procedure, and
the entruster or client is labelled as the operator in
accordance with subparagraph 3 of paragraph 1 of Article 18
of the Act.
Article 3
The organic ingredients content in processed organic
agricultural products defined in subparagraph 4 of Article 3 of
the Act shall be no less than 95%, except for water and salt.
The sum of organic and in-conversion ingredients content
in processed in-conversion agricultural products defined in
subparagraph 5 of Article 3 of the Act shall be no less than
95%, except for water and salt.
Article 4
For those who engage in eco-friendly farming defined in
paragraph 2 of Article 4 of the Act, their farm practices shall
be recognized as complying with subparagraph 3 of Article 3 of
the Act by legal entities and organizations that are approved
by the Central Competent Authority, and they shall be registered
at the information system designated by the Central Competent
Authority.
Article 5
Promotion of organic agriculture defined in paragraph 3 of
Article 5 includes review and assessment in paragraph 1 of
Article 9 for promulgating countries or members of World
Trade Organization (WTO) in organic equivalence defined in
paragraph 2 of Article 17 of the Act as well as participation
in international organizations and international cooperation
affairs and other related work specified in and paragraph 3 of
Article 10 of the Act.
Article 6
The personnel sent by the Central Competent Authority to
conduct examination prescribed in paragraph 4 of Article 11
and paragraph 4 of Article 12 of the Act shall present proof
documents concerning the performance of their duties.
Article 7
The competent authority shall ensure that any secrets of
the inspected party that are known or obtained shall be kept
confidential when conducting supervision, examination, review,
and sampling for test and acquiring data or record from
operators stipulated in the Act.
When the competent authority conducts specimen sampling for
testing stipulated in Article 22 of the Act, the competent
authority may acquire an appropriate amount of samples without
compensation and shall exercise the custodial duty.
Article 8
When an imported agricultural product is to be sold, labelled,
displayed or advertised as organic in accordance with
subparagraph 1 of paragraph 1 of Article 17 of the Act, the
importer shall prepare the document demonstrating that the
imported agricultural product has been granted as organic for
the purpose of examination of the competent authority.
The certificate document stated in the previous paragraph shall
be issued by a domestic or foreign certification body accredited
by the ROC and include the following items:
1. The name and address of the foreign operator;
2. The name and batch number of the product;
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.
When handling records and documents relevant to import and sale
of organic agricultural products in accordance with subparagraph
1 of paragraph 1 of Article 17 of the Act and the demonstrating
documents specified in paragraph 1, the importers shall keep
them for at least five years.
Article 9
Prior to promulgating countries or members of the WTO as being
in organic equivalence with the ROC in paragraph 2 of Article
17 of the Act, the Central Competent Authority may first conduct
review. When it is necessary, personnel may be sent abroad to
assess the process.
The Central Competent Authority may invite representatives
from relevant government authorities, experts and scholars,
industrial or institutions and organizations which have
interests involved to take part in the review meetings and go
abroad to assist the assessment in order to perform the review
and assessment specified in the previous paragraph.
Article 10
The containers or packaging of organic agricultural products
and in-conversion agricultural products defined in paragraph
1 of Article 18 of the Act is referred to as the containers or
packaging of per sold unit.
Article 11
The relevant term “data or record” used in paragraph 22 of
the Act is the source of ingredients, quantity of ingredients,
certificate of origin, certified document, basis of operating
production, relevant record of manufacturing process, buyer,
amount of money, or other relevant data necessary for enforcing
the Act.
Article 12
Operators who produce, process, package, or distribute organic
agricultural products and in-conversion agricultural products
under the instruction of an entruster or client shall be
certified qualified under the Act.
Article 13
The Enforcement Rules shall enter into force on May 30, 2019.
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