ICS Japan Notice #ICSTR00092901

IMPORTANT NOTICE
Handling of Inspection data conducted by Overseas Certifier

ICS Japan, Inc. (MAFF accredited Certifier : Accreditation number 02) released notice regarding procedure of use of inspection data by overseas certifer in the evalution process.
However, ICS Japan realized that there is substantial misunderstanding as if applicants who have certified by qualified certifiers can get JAS certification ﾒautomaticallyﾓ.
This release is CAUTION that no such procedure exist and applicants who do not carefully review MAFF program might be in difficult situation during evaluation of the certification.
ICS Japan hereby notice additional clarification for the better understanding of overseas applicants.
Especially in some overseas country, there is misinformation that JAS certification can be released without any further procedure if overseas certifier set up "trust agreement" with Japanese MAFF accredited certifier .
Such release was totally misleading and if any overseas companies or growers use JAS seal without official certification by MAFF accredited certifier, such products with JAS seal will be touch the law and result in very serious incident.

Procedure to get JAS Organic Certification if applicants are duly certified by qualified overseas certifier.

1. Applicaition must be submitted to MAFF accredited certifier as required. Without official application, NO JAS certification would be released. Evaluation documents must also be forwarded to MAFF accredited certifier together with application form. Unless otherwise such application procedure has been achieved proprely, it is not legally accepted to start evaluation procedure.
"NO AUTOMATIC EVALUATION" "NO TRANSFER OF CERTIFICATION".
IT IS ONLY THE COMPANY(OR GROWER ETC) WHO RECEIVED "CERTIFICATE OF COMPLIANCE" FROM MAFF ACCREDITED CERTIFIER TO USE JAS ORGANIC SEAL.
There is wrong information that overseas manufacturer can use JAS seal if importer is duly certified and they design packaging material in Japanese. JAS law specifically requiring that "ANY COMPANY WHO PACK INTO PACKAGE MATERIAL WITH JAS SEAL MUST BE CERTIFIED UNDER JAS CERTIFICATION PROGRAM". If overseas company pack into package which carries JAS seal without JAS certification, it is illegal and penalty to be less than 1 year penal servitude or fine less than 1 million yen (USD10,000)--(importer who sells such products in Japan). When products are distributed in the market, government and accredited certifiers keep monitoring use of JAS seal.

ONLY accredited certifier by MAFF of Japan can release JAS Organic certification. Such release can not be assigned to any one else.

2. "I have completed inspection by our certifier so I do not need any additional inspection under JAS program"----- Be careful, this is not the case.

Here is the"MAFF instruction" regarding handling of inspection date from overseas certifier.

A Registered Certification Organization (RCO) can use the old information (such as inspection data) which an inspection organization obtained from the inspection in the past. Therefore, the RCO can certify a manufacturer (or production process manager) based on the old information. However, in the case that the old information is not enough for the RCO to make decision of its certification, the RCO may need additional inspection.
As well as organic final products, organic raw materials which are going to be processed in Japan need to be certified in accordance with JAS system. (ICS remark: from April 1st,2001, any organic products which are not JAS certified imported from overseas countries must get labeled (with JAS seal) by the importer who are certifed by RCO based on the MAFF equivalency approval.)



JAS law specifically requires unique criteria such as "JAS labeling management system" or "Internal Audit Procedure in accordance with Organic production" (it was published in government official gazette)
As applicants who apply to JAS program do not actually run such administrative system when they apply , at the first inspection, such system might be verified based on document review or additional confirmation relating to old inspection. However, from next year, certified companies must provide full record in accordance above system. Therefore if applicants feel "I can get JAS certification automatically", such applicants might be in serious problem at the next audit which surely conducted under JAS program.
ICS Japan accept inspection data from old inspection which had done by qualified overseas certifier, however, unless otherwise all JAS requirements have duly verified by the applicants through documentation or confirmation through overseas certifier who run inspection, ICS Japan would not accept that all necessary JAS requirements have been verified and therefore order additional inspection.

Such verification can ONLY be achieved by careful review of JAS standard and Technical Requirements and also applicants effort to satisfy such requirements. If ICS Japan do not see any "best effort to meet JAS criteria", we do not certify such applicants.

Overseas companies who wish to get JAS Organic certification are required exactly same level of achievement of those who get certification in Japan. Law would be applied exactly in the same manner. Therefore if overseas applicants do not understand JAS requirements and playing down the criteria, it might end up with "withdrawal of JAS certification" at the time of next audit by MAFF.

It is very regretful that misleading information created image as if "it is easy to get JAS certification only through document review". There is no such fact at all. All MAFF accredited certifiers have full responsibility to release JAS organic certification under the JAS law of Japan, therefore we are also pay close attention if any "illegal use of JAS seal" might be presented in Japan. Such "Monitoring" activities have been included in the accreditation criteria and therefore ICS Japan would expect "best effort" of applicants to meet JAS program.

JAS Organic Certification program is not a system to restrict or set up barrier with Japanese market, however, any organic products carrying JAS seal must meet JAS requirements. If JAS seal is put on the products in overseas country, any organization which put JAS seal MUST get certified under JAS Organic certification. Without official JAS certification, NO ONE is allowed to use JAS seal even if their clients have duly certified under JAS program and supply packaging material.

ICS Japan is happy to help understanding JAS Organic Certification program and maintain "rational" procedure for overseas companies, however, at the same time, we are not in a position to weaken the JAS requirements. ICS Japan is committed to protect principle of JAS program and therefore current misinformation must be clarified and resolved.

If any one has question or objection to the above, it is required to submit question or objection to ICS Japan, Inc. in written form. When ICS Japan release this notice on the web site operated by ICS Japan, released notice becomes public.

Contact
If any further specification is necessary, plesae do not hesitate to contact to the following offices:

ICS Japan, USA Office
(C/O Genetic ID, Inc. Certification Dept.)
+1-515-472-9979
+1-515-472-9198

ICS Japan, Inc. Head Office
+81-45-949-4620
FAX +81-45-949-4621
Email: info@pure-foods.co.jp

Akira Hanawa
President
ICS Japan, Inc.

September29th ,2000