New Draft Regulations on Organic Production (October 2001)
Section 12: Inspection and certification
Only approved certifying bodies, complying with the requirements of regulation 13, may inspect and certify organically produced products.
Inspection shall include the whole system (from production to market).
Imported
products shall be subject to certification by an approved certifying
organisation/body in the country of origin that must issue a
certificate of inspection stating that the lot designated in the certificate --
(a)
was obtained within a system of production applying rules at least
equivalent to those indicated in these regulations;
and
(b)
was subject to a system of inspection and certification recognised as
equivalent to that prescribed in these regulations.
(1) In order to become an
approved certifying organisation, an organisation must make an application to
the Executive Officer.
(2) A certifying organisation
shall have a detailed organic operation manual, based on the interpretation of
the specifications of these regulations, which shall be subject to approval by
the Executive Officer: Provided
that the organic operation manual may form part of the documented management
system of the organisation mentioned in subregulation (3).
(3) For an organisation to
become an approved certifying organisation, the following also have to be
complied with:
(a) a management system which
describes the operation of the organisation including:
(i) a
regular internal audit and management review programme;
(ii) maintenance
of appeal and complaints procedure; and
(iii) the inspection procedures to
be used, including a detailed description of the inspection measures and
precautions which the organisation undertakes to impose on operators subject to
its inspection.
(b) the actions which the
organisation intends to take where irregularities are found.
(c) the
availability of appropriate resources in the form of qualified staff, administrative
and technical facilities, inspection competence and reliability;
(d) the objectivity,
impartiality and transparency of the organisation with respect to the operators
subject to its inspection;
(e) the
general requirements for bodies operating product certification systems as given
in ISO/IEC GUIDE 65:1996.
(4) Before and after an
organisation has become an approved certifying organisation the Executive
Officer shall --
(a) ensure that the inspections and
decision-making procedures carried out by the organisation are objective;
(b) verify the effectiveness of
the organisation's inspections; and
(c) withdraw the approval of
any certifying organisation where it fails to satisfy the requirements referred
to in these regulations.
(5) An approved certifying
organisation shall --
(a) send
to the Executive Officer, for compliance purposes only by 30 April each year a
list of operators subject to their inspection on 31 March of the same year;
(b) present to the Executive Officer
a concise annual report;
(c)
not disclose information and data it obtains in its inspection activities
other than to the operator responsible for the undertaking concerned and, on a
confidential basis to the Executive Officer;
(d) make
available to the Executive Officer, for audit purposes access to offices and
facilities together with all information and assistance deemed necessary to
establish compliance with this standard; and
(e) be
subject to auditing by the Executive Officer.
(6) Any operator must be
certified through an approved certifying organisation.
(7) In order for an operator to
apply for certification by an approved certifying organisation, a formal
application form, requesting relevant information, shall be used.
(8) The approved certifying
organisation shall ensure that an applicant signs an undertaking to carry out
the requirements in accordance with this standard.
(9) The approved certifying
organisation shall prescribe the keeping of up to date records covering
production, processing, handling, transport, storage and sale of organic
products as well as documentary accounts to enable the approved certifying
organisation to trace the origin, nature and quantities of all raw material
brought in and the use of such materials, including the nature, quantities and
consignees of all certified agricultural products.
(10) The operator must undertake to
give the inspector free access to the production, processing, packaging, storage
and retailing area and premises as well as to the accounts and relevant
supporting documents deemed necessary for the purposes of the inspection.
(11) A testing programme should be
carried out where there is any basis for concern or possible contamination of
soil and products with chemicals and heavy metals.
(12) Apart from annual full physical
inspections in accordance with its rules of operation, an approved certification
organisation must make unannounced inspection visits to at least 15% of the
units as well.
(13) The approved certifying
organisation shall be required to undertake at least the following for
inspection --
(a) with the operator, draw up
a full description of the operation, showing the storage and production premises
and land parcels and/or collection areas, livestock buildings, pastures and
open-air exercise areas, packaging and processing areas, raw materials and
inputs, storage of compost and manure, and any other description that may be
relevant in ensuring compliance with the provisions of the regulations;
(b) with the operator, draw up
all the practical measures to be taken by the operator at operation-level to
ensure compliance with the provision of these regulations, including
management plans, planting schedules, feeding schedules;
(c) be notified by the operator
of its schedule of production of crops including a breakdown by parcel, and
harvesting times.
(d) review the questionnaire
with the operator noting any misunderstandings, discrepancies, or departures
from original application;
(e) inspect the
operations, storage, handling and marketing facilities;
(f) include in the
inspection the production units, storage premises, processing areas and inputs
of products not produced according to the provisions of these regulations and
ensure that these products are adequately separated from organic product
throughout the whole production process;
(g) ensure that written
and/or documentary accounts are kept by the operator which enable the certifying
organisation to trace the origin, nature and quantities of all raw materials
bought, the use of such materials, the nature, quantities and consigners of
all agricultural products sold or arriving at the holding, and any other records
that may be relevant in ensuring compliance with the provisions of these
regulations;
(h) review the quality and safety
management system for the operator; and
(i) prepare a detailed
inspection report and recommendation.
(14) An approved certifying
organisation must --
(a) ensure that, where a
product carries reference to the certifying organisation and does not comply
with the requirements of these regulations, all non-complying product is
removed from sale; and
(b) where a manifest
infringement, or an infringement with prolonged effects is found, withdraw from
the operator concerned the right to use the labelling indications covered by
these regulations for a period which it deems appropriate.
(15)
The approved certifying organisation must issue a certificate of
inspection stating that the organic product designated in the certificate --
(a) was obtained within an
operation applying the prescribed rules; and
(b) was subject to a system of
inspection.
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