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Chapter 3 Management of Accreditation Body and Certification Body
Article 11
Any institution or legal entity shall not engage the following accreditation activities until submitting the documents to apply for and obtaining the permission from the Central Competent Authority and any amendments thereto.
The validity of the certificate of the aforementioned permission shall not exceed 5 years and shall be renewed by the Central Competent Authority one year prior to expiration. The validity of renewed certificate shall not exceed 5 years.
The accreditation tasks conducted by accreditation bodies are the following:
1. Accepting and reviewing accreditation applications.
2. Signing accreditation contracts with those who are qualified.
3. Issuing accreditation certificates to the certification bodies in the qualified scope.
4. Assessing the accredited certification bodies through examining their certification activities.
5. Other tasks related to accreditation activities.
Accreditation bodies shall be subject to 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 following :
1. Accepting accreditation applications from the countries or areas approved by the Central Competent Authority.
2. Establishing and submitting accreditation standards to the Central Competent Authority for approval. The amendments or abolishment of which are included.
3. Reviewing accreditation application and assessing the certification bodies in accordance with accreditation standards approved by the Central Competent Authority.
4. Retaining records related to accreditation tasks for at least 5 years and notifying the Central Competent Authority for the record.
5. Assisting and coordinating with the Central Competent Authority on examining accredited certification bodies.
6. For certification bodies unable to provide certification services, the accreditation bodies shall coordinate among certification bodies for their certification business to be taken over.
The Central Competent Authority shall establish regulations to stipulate the eligibility, procedure, required documents, and criteria for the application of permission and its amendment specified in paragraph 1; required documents for renewal application specified in paragraph 2; the items that shall be described in the certificates specified in subparagraph 3 of paragraph 3; the procedures and methods for supervising, managing, examining the accreditation bodies, the required coverage of accreditation standards, the required items related to the accreditation tasks to be recorded, and the notification documents specified in the above paragraph; and other relevant requirements.
Article 12
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 qualified scope.
The certification activities of certification bodies are the following:
1. Signing contracts with operators to certify their agricultural products in accordance with the certification standards.
2. Issuing certificates of organic agricultural products and in- conversion agricultural products and controlling the organic marks used by the certified operators.
3. Inspecting agricultural products according to the contracts.
4. Other certification related activities promulgated by the Central Competent Authority.
The Central Competent Authority shall establish the certification standards, categories, and items of agricultural products mentioned in subparagraph 1 of the above paragraph.
The certification bodies engaging in the aforementioned certification activities shall retain the data and records according to the items, methods and periods promulgated by the Central Competent Authority. The certification bodies shall provide those data and records when requested by the Central Competent Authority. The certification bodies shall not evade, impede, or refuse the examination or provide false data or records.
Article 13
The certification bodies may sign agreements with operators to determine the scope of certification in production, processing, packaging, or distribution of agricultural products.
The Central Competent Authority may promulgate the upper limit for certification service fee.
When a certification body is unable to provide certification services due to withdrawal of accreditation, termination of accreditation contract, dismissal, or any other causes, the contracted operator shall sign a new contract with another certification body within the period specified by the Central Competent Authority. The status of organic agricultural products or in-conversion agricultural products remains certified during the above specified period.
Article 14
The Central Competent Authority may promulgate mandatory or prohibitory items in the contracts between the accreditation bodies and certification bodies as well as between the certification bodies and operators.
Provisions of the contract that violate the above items are null and void. Other parts of the contract that stand without the above null and void parts may still be effective. But, if the contract is unconscionable to one of the parties, then the entire contract shall be rendered null and void.
Provisions promulgated by the Central Competent Authority but not specified in contracts shall still constitute a part of the contract.