6.1 Inspection and certification systems are used to verify the labelling of, and claims for, organically produced foods. Development of these systems should take into account the Principles for Food Import and Export Inspection and Certification[15], the Guideline for the Design, Operation, Assessment and Accreditation of Food Import and Export Inspection and Certification Systems.[16],[17]
6.2 Competent authorities should establish an inspection system operated by one or more designated authorities and/or officially recognized inspection/certification[18] bodies to which the operators producing, preparing or importing products as referred to in paragraph 1.1 should be subject.
6.3 The officially recognized inspection and certification systems should comprise at least the application of the measures and other precautions set out in Annex 3.
6.4 For the application of the inspection system operated by the official or officially recognized certification body or authority, countries should identify a competent authority responsible for the approval and supervision of such bodies;
- the identified competent authority may delegate, while maintaining the responsibility for the decisions and actions taken, the assessment and supervision of private inspection and certification bodies to a private or public third party hereafter referred to as its “designate”. If delegated, the private or public third party should not be engaged in inspection and/or certification;6.5 In order to attain approval as an officially recognized certification body or authority, the competent authority, or its designate, when making its assessment should take into account the following:- for this purpose an importing country may recognize a third party accrediting body when the exporting country lacks an identified competent authority and a national program.
a) the standard inspection/certification procedures to be followed, including detailed description of the inspection measures and precautions which the body undertakes to impose on operators subject to inspection;6.6 The competent authority or its designate should:b) the penalties which the body intends to apply where irregularities and/or infringements are found;
c) the availability of appropriate resources in the form of qualified staff, administrative and technical facilities, inspection experience and reliability;
d) the objectivity of the body vis-à-vis the operators subject to inspection.
a) ensure that the inspections carried out on behalf of the inspection or certification body are objective;6.7 Official and/or officially recognized certification bodies or authority referred to in paragraph 6.2 should:b) verify the effectiveness of inspections;
c) take cognizance of any irregularities and/or infringements found and penalties applied;
d) withdraw approval of the certification body or authority where it fails to satisfy the requirements referred to in (a) and (b) or, no longer fulfils the criteria indicated in paragraph 6.5 or, fails to satisfy the requirements laid down in paragraphs 6.7 to 6.9.
a) ensure that at least the inspection measures and precautions specified in Annex 3 are applied to undertakings subject to inspection; and6.8 Official or officially recognized inspection and/or certification bodies or authority should:b) not disclose confidential information and data obtained in their inspection or certification activities to persons other than the person responsible for the undertaking concerned and the competent authorities.
a) give the competent authority or its designate, for audit purposes, access to their offices and facilities and, for random audit of its operators, access to the facilities of the operators, together with any information and assistance deemed necessary by the competent authority or its designate for the fulfilment of its obligations pursuant to these guidelines;6.9 The designated authority and the official or officially recognized certification body or authority referred to in paragraph 6.2 should:b) send to the competent authority or its designate each year a list of operators subject to inspection for the previous year and present to the said authority a concise annual report.
a) ensure that, where an irregularity is found in the implementation of Sections 3 and 4, or of the measures referred to in Annex 3, the indications provided for in paragraph 1.2 referring to the organic production method are removed from the entire lot or production run affected by the irregularity concerned;6.10 The requirements of the Guidelines for the Exchange of Information between Countries on Rejections of Imported Food[19] should apply where the competent authority finds irregularities and/or infringements in the application of these guidelines.b) where a manifest infringement, or an infringement with prolonged effects is found, prohibit the operator concerned from marketing products with indications referring to the organic production method for a period to be agreed with the competent authority or its designate.
