Measures for the Administration of Green Food Logos (2019 Amendment)

Measures for the Administration of Green Food Logos (2019 Amendment) Measures for the Administration of Green Food Logos (Issued by Order No. 6 [2012] of the Ministry of Agriculture on July 30, 2012; amended by Order No. 2 [2019] of the Ministry of Agriculture and Rural on April 25, 2019) Chapter I General Provisions Article 1 In order to strengthen the administration of the use of green food logos, maintain the credibility of green food, promote the sound development of green food, and protect the lawful rights and interests of producers, business operators and consumers, these Measures are formulated in accordance with the Agriculture Law of the People's Republic of China , the Food Safety Law of the People's Republic of China , the Agricultural Product Quality Safety Law of the People's Republic of China , and the Trademark Law of the People's Republic of China . Article 2 For the purpose of these Measures, “green food” means safe and high quality edible agricultural products and related products produced in a sound ecological environment, produced according to green food standards, subject to quality control over the whole process and for which the right to use green food logos has been obtained. Article 3 Green food logos shall be legally registered as certification trademarks, and shall be protected by law. Article 4 The agriculture administrative departments of people's governments at or above the county level shall supervise and administer green food and green food logos in accordance with law. Article 5 The China Green Food Development Center shall be responsible for the examination of applications for the use of green food logos, issuance of certificates and tracking inspection after the issuance of certificates nationwide. The green food work bodies subordinate to the agriculture administrative departments of provincial people's governments (hereinafter referred to as “provincial work bodies”) shall be responsible for the acceptance of applications for the use of green food logos, preliminary examination and tracking inspection after the issuance of certificates within their respective administrative regions. Article 6 The standards and rules on the production site environment, production technologies, product quality, and packaging and storage of green food shall be formulated and issued by the Ministry of Agriculture. Article 7 The technical institutions undertaking the inspection of green food products and the production site environment shall have corresponding inspection conditions and capabilities, pass qualification certification in accordance with law, and the China Green Food Development Center shall select and designate the best technical institutions under the principles of fairness, impartiality and competition, and file the institutions with the Ministry of Agriculture. Article 8 The agriculture administrative departments of local people's governments at or above the county level shall encourage and support the production of green food, include green food production in local agricultural and rural economic development plans, and support the construction of green food production bases. Chapter II Applications for Use of Logos and Approval thereof Article 9 The products for which applications for the use of green food logos have been filed shall comply with the provisions of the Food Safety Law of the People's Republic of China , the Agricultural Product Quality Safety Law of the People's Republic of China and other laws and administrative regulations, fall under the scope approved by the Trademark Bureau of the State Administration for Industry and Commerce, and meet the following conditions: 1. the production site environment of products or product raw materials meet the environmental quality standards for green food production sites; 2. pesticides, fertilizers, feeds, veterinary drugs and other inputs comply with the rules on the use of green food inputs; 3. product quality meets the quality standards for green food products; and 4. the packaging and storage meet the standards for the packaging and storage of green food. Article 10 A production entity that applies for a green food logo (hereinafter referred to as the “applicant”) shall meet the following conditions: 1. is able to independently assume civil responsibilities; 2. has the environmental conditions and production technologies for green food production; 3. has sound quality management and quality assurance systems; 4. has the production technicians and quality controllers appropriate for the production scale; 5. has stable production bases; and 6. has no quality safety incidents or bad faith records in the three years before the application. Article 11 The applicant shall file a......