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Chapter 2 Management of Accreditation and Certification bodies
Article 4
The central competent authority may promulgate and implement the certification system and related certification criteria for the item or category of certain domestic agricultural product for its production, processing, packaging and distribution and other related processes of production and marketing thereof.
Article 5
Any institution or legal entity which intends to provide accreditation services shall apply to the central competent authority by submitting the required documents. It may carry out accreditation activities after an approval is granted by the central competent authority. The same requirements also apply when changes are to be made to the approved scope. The central competent authority may promulgate any of its affiliated agencies to be an accreditation body if necessary.
The validity of the certificate of the aforementioned approval shall not exceed 5 years and the certificate holder may apply to the central competent authority for extending the validity period one year prior to the expiry date. The validity of renewed certificate shall not exceed 5 years.
The accreditation activities conducted by accreditation bodies are the following:
1. Accepting and reviewing accreditation applications.
2. Signing accreditation contracts with accredited certification bodies.
3. Issuing accreditation certificates to accredited certification bodies for the accredited scope.
4. Assessing the accredited certification bodies by auditing their certification activities.
5. Other accreditation related activities promulgated by the central competent authority.
The central competent authority shall establish regulations to stipulate the eligibility, criteria, procedures, and required documents for the application and changes to the approved scope as well as rescission of approval specified in paragraph 1; the required documents for renewal application specified in paragraph 2; the information that shall be stated in the certificates specified in subparagraph 3 of the preceding paragraph; and other relevant requirements.
Article 6
Accreditation bodies shall be subject to regular supervision by the central competent authority and shall not evade from, impede, or refuse such supervision or provide false data. The accreditation bodies shall comply with the followings:
1. Adopting and submitting accreditation standards to the central competent authority for approval; and so do their revision or rescission.
2. Reviewing accreditation applications and assessing the certification bodies in accordance with the accreditation standards approved by the central competent authority.
3. Maintaining records of accreditation activities for at least 5 years, and submitting them to the central competent authority for records every year.
4. Assisting and cooperating with the central competent authority on auditing accredited certification bodies.
5. Coordinating with other accredited certification bodies to take over the certification services of an accredited certification body which is unable to provide certification.
The central competent authority shall establish regulations on the procedures and methods for auditing the accreditation bodies, the elements of accreditation standards, the items related to the accreditation activities to be recorded, and submission of documents specified in the preceding paragraph, and other relevant requirements.
Article 7
Any institution, school, or legal entity shall not engage in the certification activities until being accredited by an accreditation body and receiving the accreditation certificate in the accredited scope; and the same shall apply when changes are made to the certification scope.
The certification activities of certification bodies mentioned in the preceding paragraph are the followings:
1. Signing contracts with operators to certify their agricultural products in accordance with the certification standards promulgated according to Article 4 of this Act.
2. Issuing certificates for certified agricultural products, and monitoring the use of the agricultural product certification mark by operators.
3. Inspecting certified agricultural products based on the contract and the production periods.
4. Other certification related activities promulgated by the central competent authority.
The certification body may charge fees for its certification services under the contract. The central competent authority shall promulgate the maximum amount to be collected for certification fees.
The certification body engaged in the certification activities mentioned in paragraph 2 shall retain the data and records according to the items, methods and periods promulgated by the central competent authority. The central competent authority may carry out random checks and the certification bodies shall not evade, impede or refuse such checks or provide false documents.
Article 8
An operator may voluntarily sign a contract with a certification body for certifying agricultural products in accordance with the categories and items specified in Article 4 of this Act. The central competent authority may subsidize the certification fee if necessary. Rules on subsidization shall be promulgated by the central competent authority.
When a certification body cannot continue providing certification services due to withdrawal of accreditation, termination of accreditation contract, dissolution, or any other causes, the contracted operator may sign a new contract with another certification body within the period specified by the central competent authority. The agricultural products provided by this operator remains certified during the above specified period under the condition that the certification does not expire.
Article 9
The central competent authority may promulgate mandatory or prohibited items in the contracts between the accreditation bodies and certification bodies as well as those between the certification bodies and operators.
Contracts violating the preceding paragraph shall be considered null and invalid. If the contract could exist excluding the void part, the other part remains valid. Nevertheless, the contract shall be considered null and invalid in whole if it is obviously unfair to one party to the contract.
Provisions promulgated by the central competent authority but not specified in contracts shall still constitute a part of the contract.