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Chapter Law Content

Title: Feed control act CH
Category: Ministry of Agriculture(農業部)
Chapter IV. SUPERVISION, INSPECTION AND CRACKDOWN
Article 20
Unless for research-purpose manufacturing or processing described in Section10.3.2, feed/additives in any of the following situations must not be used for manufacture, processing, packing, exportation or importation, regardless for self-use or general use:
20.1 Containing hazardous substance exceeding allowable amount, indirectly endangering human health, or containing substances prohibited for use in feed/additives in regulations promulgated by the government,
20.2 Failure to obtain the license or certificate required in Sections 10.1, 11.1, 11-1.1 and 11-1.2.
20.3 Misrepresenting products replaced or adulterated with questionable substances as from legitimate sources of manufacturing, processing, packing or importation.
20.4 Containing expired, spoiled, decomposed, non-feed or non-additive substances or those likely to impact the health of livestock, poultry and aquatic animals.
20.5 Non-compliant with Section 3-1.3 in the use of feed additives.
20.6 Non-consistent with the “allowed contents” described in the license; this clause does not govern feedstuffs prepared by a made-for-self-use entity.
20.7 Non-compliance with Article 14, namely flawed, unclear or incomplete labeling. This clause does govern feedstuffs prepared by a made-for-self-use entity.
Article 21
No feed manufacturer or vendor shall place any false promotional advertisement containing any facts other than those contained in the registration about the feeds/feed additives manufactured or being offered for sale.
Article 22
The competent authority may, in concert with the authority concerned, inspect the feeds/feed additives, equipment, storage facilities and other relevant information of the manufacturer or vendor. If it is necessary, the inspector may also take for inspection and analysis purposes a sample of feeds/feed additives at any end-user thereof.
The samples taken for the inspection and analysis referred to in the preceding paragraph shall be only in an amount sufficient to serve the inspection and analysis purposes.
In performing his duties, an inspector shall show his identification card.
No feed manufacturer/vendor or feed/feed additive end-user shall reject a requested inspection or taking of samples for analysis purposes under the first paragraph of this Article.
Article 22-1
22-1.1 The competent authority shall keep confidential the identify of, may offer reward to, an informant who provides information leading to the discovery of feedstuffs or feed additives in violation of this Act.
22-1.2 The central competent authority shall prescribe the reward program mentioned in 22-1.1.
Article 22-2
22-2.1 Importation of feed/additives proclaimed by the central competent authority shall be released from the customs only after passing the inspection by the central competent authority.
22-2.2 Regarding the feed/additives failing the inspection described in Section 22-2.1, the central competent authority may demand part or all of the feed/additives be returned, destroyed or confiscated. Returned goods must not be included in future applications for importation.
22-2.3 Regarding the importation of feed/additives described in Section 22-2.1 and Section 22-2.2, the central competent authority shall prescribe the customs declaration, the inspection protocol (procedure, check items, methods, and quantity), return and destruction of goods, documents to be presented, and other instructions.
22-2.4 The central competent authority may delegate the inspection tasks described in Section 22-2.1 to its subordinate agencies or other organizations.
Article 23
Where taking of samples of any feed or feed additive is required to determine whether any of the situations under Article 20 hereof exists as alleged, the feed or feed additive shall be sealed and then held in trust by the specific manufacturer, vendor or end-user issue in accordance with an undertaking issued by the latter.
The samples taken in accordance with the preceding paragraph shall be delivered to the competent authority for analysis and appraisal. The period for the competent authority to take official actions with respect to the feeds/feed additives at issue shall not exceed 15 days from the date the analysis and assessment have been completed.
Article 24
The competent agency deal with defective feed/additives in the following manner:
24.1 For non-compliance of Section 5.2, or any of Sections 20.1 to 20.6: demanding the feedstuffs be returned, recalled/recycled, re-processed, destroyed, discarded, or confiscated before a designated deadline.
24.2 For non-compliance of Section 20.7 about labeling: demanding corrective actions be taken before a deadline.
Article 25
25.1 Besides measures against non-compliant feedstuffs, parties involved in violation of Section 5.2 or any section from 20.1 to 20.7 are also subject to penalties:
25.1.1 Related licenses shall be revoked for the party violating Section 5.2 or making, processing, packing or importing feed/additives against any section from 20.1 to 20.5.
25.1.2 Related licenses shall be revoked for the party making, processing, packing and importing feed/additives in violation of Section 20.6 or Section 20.7 more than twice and in an aggravated manner.
25.1.3 Related licenses shall be revoked for the party selling, exporting, displaying or storing (with intent to sell) feed/additives violating any section in Article 20.
25.1.4 The competent authority may disclose the offending party’s name, company or commercial name, sales venue, person in charge, names of the defective merchandize and details of the offense.
25.2 Feed or additives for which licenses have been revoked according to any clause in Section 25.1 are no longer eligible for application of manufacturing license, import license or sales license.