Chapter II Application and Approval for the Use of Signs
Chapter III Management of the Use of Signs
Chapter IV Supervision and Inspection
Chapter V Supplementary Provisions Article 1 In order to strengthen the management of the use of green food signs, safeguard the reputation of green food, promote the healthy development of green food undertakings and safeguard the legitimate rights and interests of producers, operators and consumers, in accordance with the Agricultural Law of People's Republic of China (PRC), the Food Safety Law of People's Republic of China (PRC), the Quality and Safety Law of People's Republic of China (PRC) Agricultural Products, the Trademark Law of People's Republic of China (PRC),
Article 2 The term "green food" as mentioned in these Measures refers to the safe and high-quality edible agricultural products and their related products which are produced in an excellent ecological environment according to the standards of green food, and are subject to whole-process quality control, and have obtained the right to use the green food mark.
Article 3 Green food signs are registered as certification trademarks according to law and are protected by law.
Article 4 The administrative department of agriculture of the people's government at or above the county level shall supervise and manage green food and green food signs according to law.
Article 5 China Green Food Development Center shall be responsible for the examination, certification and follow-up inspection of the application for the use of green food signs throughout the country.
The green food working organization under the agricultural administrative department of the provincial people's government (hereinafter referred to as the provincial working organization) is responsible for the acceptance, preliminary examination and follow-up inspection of the application for the use of green food signs within its administrative area.
Article 6 The standards and specifications of the environment of origin, production technology, product quality, packaging, storage and transportation of green food shall be formulated and promulgated by the Ministry of Agriculture.
Article 7 Technical institutions undertaking environmental inspection of green food products and producing areas shall have corresponding inspection conditions and capabilities, and obtain qualifications according to law. China Green Food Development Center selects the best candidates according to the principles of fairness, justice and competition, and reports them to the Ministry of Agriculture 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, incorporate it into the local agricultural and rural economic development plan, and support the construction of green food production bases. Article 9 The products applying for using the green food mark shall comply with the provisions of the Food Safety Law of People's Republic of China (PRC) and the Agricultural Products Quality Safety Law of People's Republic of China (PRC), be within the scope approved by the Trademark Office of the State Administration for Industry and Commerce, and meet the following conditions:
(1) The environment of the product or raw materials of the product meets the environmental quality standards of the origin of green food;
(two) the use of inputs such as pesticides, fertilizers, feed and veterinary drugs conforms to the guidelines for the use of green food inputs;
(3) The product quality meets the quality standard of green food products;
(4) Packaging, storage and transportation meet the standards of green food packaging, storage and transportation.
Article 10 A production entity (hereinafter referred to as the applicant) that applies for using the green food label shall meet the following conditions:
(1) Being able to bear civil liability independently;
(2) Having the environmental conditions and production technology for producing green food;
(3) Having a perfect quality management and quality assurance system;
(4) Having production technicians and quality management personnel suitable for the production scale;
(5) Having a stable production base;
(six) no quality and safety accidents and bad credit records within three years before the application.
Article 11 An applicant shall file an application with a provincial working institution and submit the following materials:
(1) An application for the use of signs;
(2) Qualification certification materials;
(3) product production technical regulations and quality control specifications;
(four) the packaging label of the pre-packaged product or its design sample;
(5) Other supporting materials required by China Green Food Development Center.
Twelfth provincial institutions shall complete the examination of materials within ten working days from the date of accepting the application. Those that meet the requirements shall be accepted, and qualified inspectors shall be organized to complete the on-site inspection during the production of products and raw materials; Do not meet the requirements, will not be accepted, notify the applicant in writing and inform the reasons.
If the on-site inspection is qualified, the provincial working institution shall notify the applicant in writing, and the applicant shall entrust a testing institution that meets the provisions of Article 7 to test the applied products and the corresponding production environment; If the on-site inspection is unqualified, the provincial working institution shall return the application and inform the reasons in writing.
Article 13 After accepting the entrustment of the applicant, the testing institution shall arrange on-site sampling in time, complete the testing work within 20 working days from the date of product sampling and 30 working days from the date of environmental sampling, issue a product quality inspection report and an environmental monitoring report of the place of origin, and submit them to the provincial working institution and the applicant.
The testing institution shall be responsible for the testing results.
Fourteenth provincial working institutions shall put forward preliminary examination opinions within twenty working days from the date of receiving the product inspection report and the environmental monitoring report of the place of origin. Those who pass the preliminary examination shall submit the preliminary examination opinions and related materials to China Green Food Development Center. If the preliminary examination fails, the application shall be returned and the reasons shall be informed in writing.
Provincial working institutions are responsible for the results of the preliminary examination.
Fifteenth 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 institutions, and organize the expert review within twenty working days. When necessary, an on-site inspection shall be conducted.
Sixteenth China Green Food Development Center shall make a decision on whether to issue a certificate within five working days according to the opinions of experts. Agree to the certification, sign a green food mark use contract with the applicant, issue a green food mark use certificate, and make an announcement; If you disagree with the certification, notify the applicant in writing and tell the reasons.
Article 17 The green food mark use certificate is the certificate for the applicant to legally use the green food mark, and it shall contain the licensed product name, trademark name, certified unit and its information code, approved output, product number, mark use validity period, certification body and other contents.
The green food mark use certificate is divided into Chinese version and English version, which have the same effect.
Eighteenth green food signs use certificate is valid for three years.
If it is necessary to continue to use the green food logo after the expiration of the certificate, the logo user shall submit a written application for renewal to the provincial working institution three months before the expiration of the certificate. Provincial working institutions shall organize the completion of relevant inspection, testing and material review within forty working days. After passing the preliminary examination, China Green Food Development Center shall make a decision on whether to approve the renewal within ten working days. If the extension is granted, it shall renew the green food sign use contract with the sign user, issue a new green food sign use certificate and make an announcement; If it is not extended, it shall notify the user of the sign in writing and inform the reason.
The user of the sign fails to apply for renewal within the time limit, or the application for renewal is not passed, and shall not continue to use the green food sign. Nineteenth mark users shall enjoy the following rights within the validity period of the certificate:
(a) the use of green food marks on the certified products and their packaging, labels and instructions;
(two) the use of green food signs in advertising, exhibition, sales and other marketing activities of certified products;
(three) in the construction of agricultural production bases, agricultural standardized production, industrial management, agricultural products marketing and other aspects of priority to enjoy the relevant support policies.
Article 20 A sign user shall perform the following obligations within the validity period of the certificate:
(1) Strictly implement the standards of green food, and keep the production environment and product quality of green food stable and reliable;
(2) Abide by the sign use contract and relevant regulations, and standardize the use of green food signs;
(three) actively cooperate with the supervision and inspection of the administrative department of agriculture of the people's governments at or above the county level and the follow-up inspection of the green food working institutions.
Twenty-first without the permission of China Green Food Development Center, no unit or individual may use the green food logo.
It is forbidden to use the green food mark for unauthorized products and their business activities.
Twenty-second in the period of validity of the certificate, the unit name, product name and product trademark of the user of the mark are changed, and they shall apply to China Green Food Development Center for change after being audited by the provincial working organization.
Where the environment of origin, production technology and other conditions change, resulting in the products no longer meeting the requirements of green food standards, the users of the signs shall immediately stop using the signs and report to China Green Food Development Center through provincial working institutions. Twenty-third sign users should improve and implement the product quality control system, and be responsible for the quality and reputation of the green food they produce.
Article 24 The administrative department of agriculture of the local people's government at or above the county level shall strengthen the supervision and management of green food labeling, and supervise and inspect the environment of green food producing area, product quality, packaging labeling and labeling usage within its jurisdiction according to law.
Twenty-fifth China Green Food Development Center and provincial working institutions shall establish a green food risk prevention and emergency disposal system, and organize the follow-up inspection of the use of green food and signs.
Provincial working institutions shall organize an annual inspection of the use of green food signs by users within their jurisdiction. If the inspection is qualified, the annual inspection certificate shall be affixed.
Twenty-sixth sign users in any of the following circumstances, by the China Green Food Development Center to cancel the right to use the sign, to recover the certificate of use of the sign, and make an announcement:
(a) the production environment does not meet the environmental quality standards of green food;
(two) the product quality does not meet the quality standards of green food products;
(three) the annual inspection is unqualified;
(four) did not comply with the sign use contract;
(five) the use of signs and certificates in violation of regulations;
(6) Obtaining the right to use signs by cheating, bribery or other improper means.
If the user of the sign is revoked the right to use the sign in accordance with the provisions of the preceding paragraph, China Green Food Development Center will no longer accept its application within three years; If the circumstances are serious, the application will no longer be accepted permanently.
Article 27 No unit or individual may forge or transfer green food signs and signs use certificates.
Article 28 The State encourages units and individuals to exercise social supervision over the use of green food and signs.
Twenty-ninth personnel engaged in green food testing, audit and supervision, abuse of power, corruption, dereliction of duty, in accordance with the relevant provisions of administrative sanctions or administrative sanctions; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility.
Technical institutions that undertake environmental inspection of green food products and producing areas forge inspection results, and shall be punished according to law, and the designation shall be cancelled by China Green Food Development Center, and they shall not undertake environmental inspection of green food products and producing areas again.
Thirtieth other acts in violation of the provisions of these measures shall be punished in accordance with the Food Safety Law of People's Republic of China (PRC), the Quality and Safety Law of Agricultural Products of People's Republic of China (PRC) and the Trademark Law of People's Republic of China (PRC). Thirty-first green food signs related fees and standards, in accordance with the relevant provisions of the state.
Article 32 These Measures shall come into force as of 20 12 10 1. The Measures for the Administration of Green Food Labels issued by the Ministry of Agriculture in June 1 993+1October1(No.1993 1) shall be abolished at the same time.