| Legislative： |
1. Full text of 12 articles was promulgated by the Council of
Agriculture on May 9, 2019 per Order Nung-Liang-Tze
1081069052A, 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 of the Organic Agriculture Promotion Act
(hereinafter referred to as the Act).
Article 2
These regulations are applicable to imported organic
agricultural products certified by a certification body
accredited by the country or member of World Trade Organization
(WTO) in organic equivalence with the ROC announced by the
Central Competent Authority in accordance with paragraph 2 of
Article 17 of the Act, given that the certification activities
are performed within the territory of that country or WTO
member.
Article 3
When applying for the imported organic agricultural product
review for the first time, the importer shall complete an
importer registration application form and submit a copy
of identity document for a natural person or a copy of
establishment or business registration document for a legal
entity or business to apply to the Central Competent Authority
for importer registration number issuance.
The Central Competent Authority shall notify the importer
mentioned in the previous paragraph of the importer registration
number upon issuance.
Article 4
Before agricultural products are to be sold, labelled, displayed
or advertised as organic, the importer shall apply for the
imported organic agricultural product review by completing
an application form; paying the review fee and attaching
photocopies of the following documents stamped with seals of
the importer and applying to the Central Competent Authority for
issuance of the approval document:
1. Natural person’s identity document, or establishment
registration document of business or legal entity or
business registration document;
2. A document demonstrating that the agricultural products have
been certified as organic;
3. A document demonstrating that the foreign certification
body that issues the aforementioned document is accredited
by a country or WTO member promulgated by the Central
Competent Authority as organic equivalent with the
ROC, except those foreign certification bodies that are
registered with the Central Competent Authority;
4. The declaration with its import and export permit blank
filled with the pre-generated number of the approval
document, or the slip of import declaration;
5. A certificate of quarantine inspection or a document of
quarantine compliance issued by the animal or plant
quarantine authority, except for those items that are
exempted from the quarantine requirement;
6. The ingredient ratio table of processed product, except for
those certificates that extend the ratio content of organic
ingredients in subparagraph 2;
7. Other documents required by the Central Competent Authority.
Where the documents in the previous paragraph are not in the
language of Chinese, a Chinese translation stamped with seals of
the importer and noted that the translation is equivalent to the
original shall be provided.
Article 5
The certificate mentioned in subparagraph 2 of paragraph 1 of
the previous article shall 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.
Article 6
When an application for imported organic agricultural product
review meets one of the following conditions, the Central
Competent Authority shall reject the application and the review
fee shall not be refunded.
1. The organic ingredients content of the imported organic
agricultural products is less than 95%;
2. The imported agricultural products do not comply with the
certification standard of paragraph 3 of Article 12 of the
Act (hereinafter referred to as certification standard) due
to quarantine treatment.
3. The application documents are incomplete or need to be
corrected, and the applicant who has been notified by
the Central Competent Authority fails to correct within a
specified period or make incomplete corrections.
The requirements of certification standard shall apply to
the calculation of organic ingredients content mentioned in
subparagraph 1 of the previous paragraph.
Article 7
The Central Competent Authority shall issue an approval document
to the applicant when the applicant passes the imported organic
agricultural product review.
The approval document mentioned in the previous paragraph shall
state the following items:
1. The name and address of the importer;
2. The name of the foreign operator;
3. The name, batch number and package specification of the
products;
4. The weight or volume of the products;
5. The name of the certification body; and
6. The number of the approval document.
Article 8
Importers shall preserve records and documents pertaining to the
import and sale of organic agricultural products for at least
five years.
Article 9
The importer may issue a letter of authorization, appointing
an agent to act on his/her behalf for applying the issuance of
importer registration number according to paragraph 1 of Article
3 and the approval document according to paragraph 1 of Article
4.
Article 10
The Central Competent Authority may appoint its affiliated
institution to conduct the tasks stipulated in Article 3, 4, 6
and 7.
Article 11
The labelling of imported organic agricultural products shall
comply with Regulations for Managing the Labeling and Marks of
Organic Agricultural Products and In-conversion Agricultural
Products.
Article 12
These Regulations shall enter into force on May 30, 2019.
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