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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 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 Central Competent Authority may designate any of its subordinate agencies to be an accreditation body if necessary.
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 to be a certification body.
3. Issuing accreditation certificate to a certification body based in the qualified scope.
4. Assessing the accredited certification bodies through auditing their certification activities.
5. Other accreditation related activities promulgated by the Central Competent Authority.
The Central Competent Authority shall prescribe regulations to stipulate the eligibility, procedure, required documents, and criteria for the application and revoke 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 above paragraph ; and other relevant requirements.
Article 6
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. Prescribing and submitting accreditation standards to the Central Competent Authority for approval; and its amendments or abolishment thereof.
2. Reviewing accreditation applications and assessing the certification bodies based on the accreditation standards approved by the Central Competent Authority.
3. Precisely retaining records of accreditation tasks for at least 5 years, and submitting to the central competent authority for records every year.
4. Assisting and cooperating with the central competent authority on auditing accredited certification bodies.
5. 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 prescribe regulations on procedures and methods for supervising, managing, auditing the accreditation bodies, the required coverage of accreditation standards, the required items related to the accreditation tasks to be recorded, and the submitting documents specified in the above 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 qualified scope; and the amendment of scope thereof.
The certification activities of certification bodies mentioned above are the following:
1. Signing contracts with agricultural product 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 governing the use of the certified agricultural product mark by agricultural product operators.
3. Inspecting certified agricultural products under the contract and based on 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. And, the Central Competent Authority shall promulgate the upper limit for certification service fee.
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 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 8
An agricultural product operator may voluntarily sign a contract with a certification body for applying for a certificate for certain domestic agriculture products specified by 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 on providing certification services due to withdrawal of accreditation, termination of accreditation contract, dismissal, or any other causes, the contracted agricultural product operator may sign a new contract with another certification body within the period specified by the Central Competent Authority. The status of certified agricultural products provide by this operator remains certified during the above specified period.
Article 9
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 agricultural product 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.