| Legislative： |
1.Full text of 12 articles was promulgated by the Council of
Agriculture on May 9, 2019 per Order Nung-Liang-Tze
1081069053A, and was set to be effective on May 30, 2019. |
| Content： |
Article 1
These Regulations are established in accordance with paragraph
3 of Article 17, paragraph 3 of Article 19 and paragraph 2 of
Article 20 of the Organic Agriculture Promotion Act (hereinafter
referred to as the Act).
Article 2
The container or packaging of organic agricultural products
and in-conversion agricultural products shall be labelled in
accordance with Article 18 of the Act and these Regulations.
Organic agricultural products and in-conversion agricultural
products in bulk package shall be displayed in accordance with
Article 19 of the Act and these Regulations.
Article 3
The container or packaging of organic agricultural products
and in-conversion agricultural products labelled with the name
of ingredients may use the term organic or in-conversion or
other symbolic notation to indicate organic or in-conversion
ingredients items, except for water and salt.
Article 4
The labeling of origin (country) of organic agricultural
products and in-conversion agricultural products shall comply
with the following requirements:
1. Those certified in the ROC shall be labelled with the origin
(country) of the ingredient accounting for no less than 95%
of the product content or of the three ingredients with the
highest percentages. However, if the ingredients have been
processed domestically and are substantially transformed,
other than the labeling with the wording which would
symbolize as the local products, after the terms of the
three ingredients with the highest percentages, the actual
origin (country) shall be labelled with parentheses;
2. The origin (country) of imported organic agricultural
products shall be determined in accordance with Regulations
Governing the Determination of Country of Origin of an
Import Goods.
The height and width of the characters for marking the origin
(country) of bulk package of organic agricultural products and
in-conversion agricultural products shall not be less than 3 cm.
Article 5
Organic agricultural products and in-conversion agricultural
products with the containers or packaging shall be labelled with
organic mark on each sold unit. However, a product which meets
any of the following conditions is not allowed to be labelled
with organic mark:
1. Imported organic agricultural products;
2. Imported organic agricultural products which have been
packaged and certified domestically;
3. Organic processed agricultural products of which the imported
organic ingredients account for over 50% and which have
not been substantially transformed through processing
domestically.
The specification and design of the organic mark are provided in
the Appendix.
In-conversion agricultural products are not allowed to be
labelled with organic mark.
Article 6
Organic agricultural products and in-conversion agricultural
products may use the certification body mark. Upon organic
agricultural products, the sizes of the certification body mark
shall not be larger than the organic mark.
Organic agricultural products and in-conversion agricultural
products with containers or packaging can be labelled with
certification body mark instead of the name of the certification
body, according to subparagraph 5 of paragraph 1 of Article 18
of the Act.
Article 7
The duration of using organic mark is in length equivalent
to the validity duration of organic agricultural products
certification.
The certification body shall be responsible for management over
the use of organic mark by the operators that are certified
by the certification body. The agreements executed by and
between the certification body and the agricultural product
operators in accordance with subparagraph 1 of paragraph 2 of
Article 12 of the Act shall expressly bear the specifications
governing labeling, usage, suspension of the usage, and relevant
management with the organic mark.
Article 8
The dimensions of organic mark may be duly adjusted based on
the sizes of the products, the dimensions of their packaging or
containers and shall not be smaller than 1.7 cm in diameter. In
case of a restriction in packaging or containers as agreed upon
by the certification body, nevertheless, the dimensions are free
of the restriction of 1.7 cm diameter minimum.
Article 9
Where an organic mark comes in the form of gluey stickers, the
certification body shall print it onto non-reusable labels when
providing for the use of operators.
Where an organic mark is printed onto the packaging or
containers of products, the operators shall have their
own designs for packaging or containers approved by the
certification body before printing. This same process shall be
required in case of any change.
Article 10
Where the municipal/county/city competent authority or
certification body suspends the operator’s usage of organic
mark according to paragraph 2 of Article 32 of the Act or the
contracts stipulated in subparagraph 1 of paragraph 2 of Article
12 of the Act, the operator shall stop using organic mark
immediately. That municipal/county/city competent authority or
certification body shall register relevant information at the
information system designated by Council of Agriculture within
10 days.
Article 11
Those comply with paragraph 2 of Article 3 of Regulations
Governing Management over Agricultural Product Marks prior to
the implementation of these regulations may continue to use the
former mark under the requirements of that paragraph.
Article 12
These Regulations shall enter into force on May 30, 2019.
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