Section 31. In the case where the Notification on the determination of voluntary standard for any agricultural commodity is issued, a producer, exporter or importer, wherever the case may be, may apply for inspection and certification from the conformity assessment service provider.

The inspection and certification, and its service charges under paragraph one shall be in accordance with the rules, procedures and conditions as prescribed by the Ministerial Regulation.

The provisions of section 29 and section 30 shall be applied mutatis mutandis to the importation of agricultural commodity under the voluntary standards.

Section 32. In the case where the agricultural commodity having been inspected and certified, has been found by the Officer thereafter that such agricultural commodity is not in compliance with the standard, the Bureau shall have authority to instruct the producer, exporter or importer, wherever the case may be, to correct or improve the agricultural commodity so as to be complied with such standards within a prescribed period. If such correction or improvement could not be done or if the delay action may be harmful to human, plant or animal health, the Bureau shall have authority to order destruction or recall of the agricultural commodity within the prescribed period, whereby the producer, exporter or importer, wherever the case may be, shall be liable for any incurred expenses in relation to destruction and recall of such agricultural commodity.

The orders to correct or recondition as well as to destroy or recall of such agricultural commodity under paragraph one shall be in accordance with the rules, procedures and conditions as prescribed by the Committee in the Notification.

Chapter V
Conformity Assessment Services

Section 33. No one shall be a conformity assessment service provider, unless it receives a license for such service issued by the Bureau.

The application for license and permission thereof shall be in accordance with the rules, procedures and conditions as prescribed by the Ministerial Regulation.

Section 34. The applicant for the license shall have the qualifications and shall not be under any prohibited conditions as follows:
(1) being a company which has already paid for the authorized capital in an amount as prescribed by the Committee in the Notification;
(2) having a laboratory with capacity and specifications as prescribed by the Committee in the Notification;
(3) not being a person whose license is being suspended;
(4) not being a person whose license has been revoked, or otherwise it shall not be less than two years;
(5) being under any other qualifications and prohibition as prescribed by the Committee in the Notification.

A representative, managing director, or any person acting for the company applying for the license shall have never been the representative, managing director, or any other person acting for the company whose license was revoked under (4).

Section 35. The license shall be valid solely to the conformity assessment service provider whose name is specified therein and shall be expired after three years as from the date of its issuance.

The application for renewal license and the approval thereof shall be in accordance with the rules, procedures and conditions as prescribed by the Committee in the Notification.

Section 36. The conformity assessment service provider shall display the license at the conspicuous and easily visible location in its business premise as specified therein.

Section 37. In case where the license is lost or substantially damaged, the conformity assessment service provider shall apply for a substitute license from the Bureau within thirty days as from the date of acknowledgment thereof.

The application for and issuance of the substitute license shall be in accordance with the rules, procedures and conditions as prescribed by the Committee in the Notification.

Section 38. The relocation of business premise of the conformity assessment service provider as specified in the license shall be approved by the Bureau.

The application and permission shall be in accordance with the rules, procedures and conditions as prescribed by the Committee in the Notification.

Section 39. The conformity assessment service provider intending to wind up its business shall notify in writing to the Bureau prior to the close-down not less than sixty days. The license shall be returned within thirty days as from the date of such close-down.

Section 40. The conformity assessment service provider shall;
(1) not disclose any fact acquired or informed of its operation on standard inspection in the manner which may be injurious to the interests of the applicant’s business, unless such disclosure is done under the performance of official and legal duties, or for the purpose of case investigation or trial.
(2) not have any conflict of interest with the applicant for standard inspection;
(3) immediately inform the applicant of any deficiency or error found in the results of standard inspection and certification;
(4) inform the Bureau within three days after the date of the deficiency or error found as the results from the standard inspection and certification under (3).

Chapter VI
Control

Section 41. The conformity assessment service provider shall quarterly report the performance of standard inspection and certification to the Bureau according to the rules, procedures and conditions as prescribed by the Bureau in the Notification.

Section 42. The conformity assessment service provider shall keep the records of the inspection and certification and relevant documents for a period of up to three years and be made available for inspection by the Officer.
The record of inspection and certification and relevant documents under paragraph one may be kept in the electronic form according to the rules prescribed by the Law on Electronic Transactions.

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