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Chapter Law Content

Title: Feed control act CH
Category: Ministry of Agriculture(農業部)
Chapter V. PENAL PROVISIONS
Article 26
26.1 A jail term or penal servitude under five years, in conjunction with a fine under NT$20,000,000 will be imposed for violation of any clause from Sections 20.1 to Section 20.3
26.2 Penal servitude and a fine of under NT$100,000 will be imposed for a violation described in Section 26.1 that is out of negligence.
26.3 A penalty will be imposed for attempted violation of any section from Section 20.1 to Section 20.3.
Article 27
27.1 A jail term of under two years and a fine of under NT$1,000,000 shall be imposed on the party selling, exporting, displaying or storing (with intent to sell) feed/additives violating any section from Section 20.1 to Section 20.3.
27.2 A fine of under NT$60,000 will be imposed for a violation described in Section 27.1 that is out of negligence.
Article 28
(Deleted)
Article 29
A fine of over NT$30,000 and under NT$3,000,000 will be imposed for any of the following:
29.1 Violation of Section 5.2, namely (1) using feed/additives to manufacture or process (human) food, (2) storing or selling feedstuffs along with food, or (3) manufacturing, processing, packing or storing food in the same factory for feedstuffs.
29.2 Using feed/additives described in Sections 20.1, 20.2, 20.4 and 20.5.
29.3 Manufacturing, processing , packing, importing feed/additives described in clauses from Section 20.4 to Section 20.7.
29.4 Importation of feed/additives not inspected, or having failed the inspection, or application for importation of feed/additives previously ordered to be returned by the Central competent authority.
Article 30
A fine of over NT$30,000 and under NT$500,000 will be imposed for selling, exporting , or display/storage with intents to sell, of animal feeds/additives described in Sections 20.4-20.7 [20.1.4-20.1.7].
Article 31
A fine of over NT$30,00 and under NT$300,000 will be imposed for any of the following:
31.1.1 Failure to comply with Section 8-1.2 or regulations prescribed according to 8-1.3, namely failure to record, transmit (to authority) or disclose the source and destination of foodstuffs; failure to preserve certificates or evidence; or failure to issue electronic invoices; or record, transmit to authority or disclose false information.
31.1.2 Violation of Article 9, namely failure to set up a factory according to this Act.
31.1.3 A make-for-self-use entity’s failure to make feedstuffs meeting the quantity limits set by the central competent authority; failure to apply for a self-use license according to Section 10.3.1; or failure to keep records of sources, use of feed additives, according to Sections 10.4 and 10.5, or the records are flawed.
31.1.4 Violation of Article 13, namely engaging in tasks [operation] not listed on the license, or make changes to the license without prior official approval.
31.1.5 Violation of Article 16, namely engaged in business operation without a sales license.
31.1.6 Violation of Articles 19 and 21, and Section 22.4.
31.1.7 violation of Section 24.1 and 24.2, namely failure to recall, re-process, fix the label, destroy or discard.
31.2 The local competent authority may – besides imposing the fine stipulated in Section 31.1 – order [demand] the made-for-self-use feed user to begin to (1) truthfully keep the records, (2) re-process, discard or destroy the feeds or additives by one’s own means, or discontinue the use. If the feed user fails to comply by a prescribed deadline, the self-use license may be revoked.
Article 32
A written warning will be issued for violation of Article 17 or Article 18. A repeated offense will result in a fine of over NT$15000 and under NT$100,000.
Article 32-1
For violation of a statute from Articles 29 to 32, if the illegal gain exceeds the highest prescribed amount of fine, the penalty imposed may/could be up to ten times of the total sales revenue during the period of violation.
Article 33
If the representative of a legal entity, or the agent, employee or any other professional of any legal entity or natural person is guilty of the offenses under Article 26 or 27 hereof in performing their duties, not only the wrongdoer shall be punishable in accordance with Article 26 or 27, but also the legal entity or natural person shall be imposed the fines provided under any of the applicable Articles.
Article 34
(Deleted)
Article 35
A case in which the fine imposed in pursuance hereof is not paid within the prescribed time limit shall be referred to the court for compulsory execution.
Article 36
(Deleted)
Article 37
The competent authority at each level shall be the authority with powers to impose sanctions and fine in accordance with this Act.