If any individual or person-in-charge who is responsible to a nodal agency to conduct the business of the nodal agency interrupt any officer of APEDA or any other person authorized by it to conduct inspection assigned by the APEDA, such individuals as well as the nodal agency shall be liable to penal action as prescribed by APEDA. Also, there are various conditions for imposing sanctions-
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1
Non-Compliance
Where after receiving delegation, an Accredited Certification Body is found to have deliberately provided any false or misleading information or document. *Here, ACB refers to Accredited Certification Body.
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2
Penalty For Non-Compliance
A person shall be punishable with a fine extending upto Rupees Five Lakhs. Additionally, the authorization granted to the Accredited Certification Body may be discontinued and it may be disqualified from re-applying for accreditation for a period of 1 year.
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3
Non-Compliance
If False information or documents have been provided by an applicant body looking for accreditation.
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4
Penalty
The application shall be rejected.
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5
Non-Compliance
If an ACB fails to comply with the standards prescribed under the NPOP.
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6
Penalty
Accreditation shall be suspended for a period extending up to 1 year and it shall be liable to a penalty, which may extend to Rs 500,000.
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7
Non-Compliance
If it is brought to notice that the certification of the operator was wrongly granted by an inadvertent Accredited Certification Body Certification shall be withdrawn and such delinquent Accredited.
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8
Penalty
ACB shall be liable to compensate the operator for the damage caused to the extent quantifiable. Also, the NAB shall decide the compensation based on the facts and circumstances of each case.
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9
Non-Compliance
Where an ACB fails to update and verify the required data on Trace.net relating to the organic production, area of the farm and movement of the products in the chain of custody.
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10
Penalty
The penalty may extend to Rs 300,000.
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11
Non-Compliance
Where an ACB intentionally enters wrong data on Trace.net relating to the organic production, area of the farm and movement of the products in the chain of custody.
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12
Penalty
The Penalty may extend to Rs 500,000.
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13
Non-Compliance
Where misrepresentation to the scope of the certification has been made.
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14
Penalty
Penalty may extend to Rupees Three Lakhs (300,000).
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15
Non-Compliance
If ACB fails to submit information within the prescribed time period.
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16
Penalty
Application for accreditation may be rejected.
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17
Non-Compliance
If an ACB commits a subsequent offence, whether of the same or similar nature as the previous offence or of a different kind
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18
Penalty
It may extend to Rs 500,000.
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1
Non-Compliance
If a certified operator fails to comply with the standards prescribed under the NPOP.
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2
Penalty
It may extend to Rupees Five Lakhs (500,000). Also, the certification may be withdrawn for 1 year.
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3
Non-Compliance
If non-compliances are established for the presence of residues of prohibited substances in the exported consignments.
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4
Penalty
It may extend to Rs 200,000.
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5
Non-Compliance
If the presence of residues of prohibited substances is repeated in the exported consignments.
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6
Penalty
It may extend to Rs. 500,000. Also, the exporter shall be banned for 1 year.