These regulations were established in accordance with paragraph 1 of article 13 of the Agricultural Production and Certification Act (hereinafter referred to as the Act).
The competent authority inspects or tests agricultural operators on the following items, as prescribed in paragraph 2 of article 12 of the Act:
1.The conformity with the requirements of the certification standards of the certification system established in accordance with article 4 of the Act.
2.The conformity with the requirements on the use of the certified agricultural product mark on agricultural products established in accordance with paragraph 2 of article 10 of the Act.
3.The labeling of relevant information required for certified agricultural products intended to be sold under the certified name established in accordance with article 11 of the Act.
4.The conformity with the requirements of registering agricultural traceable information and labeling in accordance with paragraph 3 of article 16 of the Act.
5.Other inspection or testing items required by the Act.
Personnel sent by the competent authority to perform inspection or testing shall present a document that warrants their visit or a valid identification document and state their purpose of visit. The competent authority may carry out photographing and audio or video recording throughout the implementation of this process.
During the inspection or testing, the competent authority may sample agricultural products while complying with the following requirements:
1.Sampling shall be performed on a random basis. The agricultural operator shall not be involved in the sample selection.
2.Sampling methods and quantities are as prescribed in the Appendix. However, the competent authority may adjust the sampling quantity as practically needed for each tested item, providing that the final sample is sufficient for the test.
3.Upon collection, the sample shall be sealed with the endorsement of the owner of or inspected personnel responsible for the agricultural operator present through signing or stamping on the seal. A photo shall be taken before and after sealing for the record. The competent authority shall issue a receipt to the inspected operator and keep a duplicate copy for the record. Samples that are purchased on the market are not required for receipt issuance.
4.Samples may be obtained free of charge, but those that are purchased on the market shall be paid for at the market rate.
When performing inspection or testing, the competent authority shall keep a written record that bears the signatures or seals of the owner of or inspected personnel responsible for the agricultural operator; if however that person refuses to sign or stamp a seal, the exact course of the incident shall be documented.
For sample testing procedures, the competent authority shall complete testing within 20 days of the receipt of the samples.
Inspection or testing personnel shall maintain discretion of any operational secrets uncovered or obtained through performing inspection or testing.
Items to be avoided for inspection or testing personnel shall refer to the Administrative Procedure Act and relevant regulations.
The competent authority shall notify other responsible competent authorities to take action when violations of other laws or regulations are discovered during the inspection or testing of agricultural products.
These Regulations shall enter into force on December 25, 2020.