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Title: Regulations on Cosmetic Hygiene and Safety Violation Report and Reward CH
Announced Date: 2019-06-27
Category: Ministry of Health and Welfare(衛生福利部)
Article 1
These Regulations are adopted pursuant to Paragraph 2 of Article 19 of the Cosmetic Hygiene and Safety Act ("the Act").
Article 2
In case of violation, reporters may file reports in oral or written statements, by email or others, specifying information below:
1. Reporter’s name, national identification number, phone number and address.
2. Violator’s name, address, company name (trade name), responsible person’s name, and company address.
3. Facts or circumstances of violation, location of violation, related information or evidence for further investigation.
The second and third items from previous paragraph are not compulsory if reporter is unable to identify.
When a report is filed orally, authorities accepting the reports shall produce documentation and verify report statement with reporter.
In cases where authorities accepting the report do not possess jurisdiction in the matter, it shall be transferred to the party with such jurisdiction within seven working days and reporter shall be informed.
Article 3
Authorities shall process reports effectively and inform reporter of case progress within 30 days from the day a report is filed.
Article 4
If reporting violations are confirmed, the municipal or county (city) authority shall provide at least 5% of fine as reward.
If reporter is or was the violator’s employee and the violation includes any of the following circumstances, reporter shall receive at least 10% of fine as reward:
1) The product contains mercury, lead, or other substances prohibited by the central competent authority, violating Article 6 of The Act.
2) The act violates Paragraph 3 of Article 6 of The Act.
3) The act violates Paragraph 4 or 5 of Article 6 of The Act.
4) The manufacturing facilities do not meet Establishment Standards for Cosmetics Manufactory, violating Article 8 of The Act, or the facilities are yet to finish registration legally.
5) Manufacturing facilities do not comply with cosmetic Good Manufacturing Practice Regulations, violating Paragraph 2 of Article 8 of The Act.
The municipal or county (city) authorities shall include the first two accounts of reward in the budgets.
Article 5
When reports are withdrawn or revoked, not owning to false report after the reward is issued, the municipal or county (city) authorities shall not demand the reporter for reward return.
Article 6
Reports of following circumstance are not granted with reward:
1. Anonymous or false personal information.
2. Without factual statement.
3. Violation has been reported to authorities accepting reports or other agencies.
Article 7
When there are multiple reporters in one case, reward is shared by all. When two separate reports involve same violation, reward is given to the first reporter. If authorities are unable to determine the order of reporting, reward is distributed evenly.
Article 8
Authorities accepting reports and other agencies shall keep confidential of reporter’s name, age, address, writing, picture, information, appearance, personal information and other identifiable details of reporters. Any violations are subject to penalty of criminal law or other related regulations.
Reporters’ application, written transcript or any other documents shall be kept confidential and forbidden to be viewed or transcribed by any third party.
Article 9
Authorities accepting reports are obliged to ensure reporters’ personal safety and must contact police authorities for protection when necessary.
If reporters are under threats, intimidations or any other abusive behaviors, the municipal or county (city) authorities shall contact local police authorities for law enforcement.
Article 10
The regulations are implemented since 1st July, 2019.
Web site:Laws & Regulations Database of The Republic of China