This law is enacted to ensure wholesome regulation of fertilizers and to maintain quality of fertilizers in order to sustain soil fertility, enhance agricultural productivity and protect the environment. The regulations of related laws shall apply to those matters not regulated by this Act.
The governing agencies referred to in this law mean Council of Agriculture of the Executive Yuan in the central government, the municipal governments in special municipalities, and the county (or city) government in counties (or cities).
Terms used in this Act are defined as follows:
1. Fertilizers: Substances that provide plants with nutrients or promote nutrients utilization by plants.
2. Compost: a fertilizer derived from the fermentation of organic materials.
3. Registered ingredients: those fertilizer ingredients and their contents that meet the specifications of fertilizers and have been recorded on the registration certificate.
4. Fertilizer businessmen: businessmen as specified by one of the following items:
(1) Fertilizer manufacturers: those who own production facilities at a fixed location and manage the manufacturing, processing and wholesaling or exporting of fertilizers.
(2) Fertilizer importers: those who import, repackage or wholesale fertilizers.
(3) Fertilizer sellers: those who buy, wholesale, retail or export fertilizers.
5. Fertilizer labeling: words, figures or markings appearing on the packaging, container or manual of fertilizers and are used to record the name, registered ingredients, usage, dosage or other related items.
The central governing agencies shall determine and promulgate the categories, types and specifications of fertilizers.
A fertilizer may not be manufactured, imported or sold until a registration application filed with the central governing agency has been approved and a registration certificate has been issued.
The central governing agency shall determine the application criteria, procedures and rules concerning the issuance of a fertilizer certificate.
Paragraph 1 of the previous article shall not bind those fertilizer samples manufactured or imported specifically for research, testing or registration purposes and are approved by the central governing agencies.
The package or container of the fertilizer samples mentioned in previous article shall mark "sample" and shall not be sold or given away as gifts.
A fertilizer registration certificate shall include the following information:
1. The registration certificate number and its expiration date.
2. The fertilizer type.
3. Registered ingredients, properties and packaged weight and volume.
4. The fertilizer manufacturer or importer's name, address and the person responsible.
5. The name and address of the fertilizer manufacturing plant.
6. Other information specified and promulgated by the central governing agency.
A fertilizer registration certificate is valid for four years. An application for extension must be filed with the original issuing authority within six months prior to the expiration date of the certificate if the certificate holder desires to continue manufacturing, importing or selling of the fertilizer. Each extension is valid for no longer than four years. Those certificates shall be revoked if their holders do not apply for extension when the certificates expire or are not granted extension.
If a fertilizer registration certificate is lost or damaged, the certificate holder shall apply to the original issuing authority, stating the reason for reapplication, for a replacement or new registration certificate within 30 days after the loss or damage. The original registration certificate shall be turned in or nullified.
For suspension, termination or resumption of businesses, modification of registered items or to obtain a new fertilizer registration certificate, a fertilizer proprietor shall, within 30 days after the fact, go to the original issuing authority with the fertilizer registration certificate, and related documents and information, and conduct transaction according to the following rules:
1. Suspension of business: voiding of registration certificate.
2. Termination of business: note date of termination on the registration certificate, and then return the certificate to the business.
3. Resumption of business: note date of resumption on the registration certificate, and then return the certificate to the business.
4. Modification of registered items: register the modifications.
Applications for fertilizer registration certificates and extensions of expiration date require certification fees. The central governing agency shall decide the amount of the fees.
Marketing of fertilizers are allowed only after they have been packaged and labeled. However, this law does not apply to compost produced domestically and is transported from a production facility directly to a farm for field application.
Labeling shall be done in Chinese and shall furnish the following information:
1. The fertilizer registration certificate number.
2. The type of fertilizer.
3. Registered ingredients, properties and packaged weight and volume.
4. The fertilizer manufacturer or importer's name and address.
5. The fertilizer manufacturing plant and its address.
6. Methods and rates of application.
7. The month and year of production, batch number and expiration date.
8. Other information as required by the central governing agency.
The quality of fertilizers manufactured or imported shall comply with this law, and the governing agency in charge of standards inspection may examine the quality of fertilizers.
Quality as mentioned in the previous Paragraph means those specifications in compliance with the registered ingredients and those prescribed pursuant to Article 4.
The central governing agency in charge of standards inspection shall decide the operational procedures and fee standards for fertilizer inspections.
Any imported fertilizer that contains organic ingredients derived from animals or plants shall comply with regulations regarding animal and plant pest inspection. Those that fail these inspections shall be returned or destroyed.
The types, specifications, packaging and labeling of fertilizers manufactured specifically for export may be exempted from Articles 4 and 13, and tailored towards foreign buyer's request. However, the locations of their production shall be noted.
Fertilizers to be sold or are on exhibit or in storage with the intention to sell shall not be unpackaged, repackaged, mixed and diluted, or the label shall not be altered. But fertilizer manufacturers or importers are exempt from these restrictions while making, processing or packaging fertilizers.
Fertilizers with one of the following conditions may not be sold or shall not be exhibited or stored with the intention to sell:
1. Those without a fertilizer registration certificate.
2. Those from unknown sources.
3. Those not packaged or labeled in compliance with this law.
4. Those of poor qualities.
The poor qualities as mentioned in the previous Paragraph mean those not in compliance with the registered ingredients or the specifications set according to Article 4.
Fertilizer advertisement shall note fertilizer registration certificate number, type and registered ingredients. No false, exaggerated and other inappropriate propaganda shall be made.
Items not meeting the fertilizer specifications set by the central governing agency pursuant to Article 4 may not be labeled, advertised or promoted as fertilizer or containing fertilizer effects.
Fertilizer manufacturers or importers shall record separately the manufacturing or importation, sale and inventory of various fertilizers to facilitate inspection by governing agency.
The records mentioned in the preceding Paragraph shall be retained for 3 years.
The governing agency may send inspectors to enter premises used for manufacturing, processing, packaging, warehousing, exhibiting and selling fertilizers, and the inspectors may take fertilizer samples. The businesses may not elude, refuse or interfere with the inspectors. Samples shall be limited to amounts necessary for verification.
The results from aforementioned verification may be publicized. The central governing agency shall decide the protocols for verifications.
The inspectors shall present identifications when conducting inspections.
Those fertilizers found suspicious of violating regulations set in Articles 5, 14 or 25 and requiring samples verifications shall as soon be sealed in storage. The business shall vow to safe guard these fertilizers.
Verification and inspection of the fertilizers sealed in storage per preceding Paragraph shall take place no later than 40 days after their discovery.
If the documents or data accompanying the application for a registration certificate were found to be false, altered or untruthful after the issuance of a fertilizer registration certificate, the issuing authority shall revoke the registration certificate. Anyone who has violated Article 12 or Paragraph 1 of Article 14 of this law and has been penalized more than twice within one year shall have that registration certificate voided.
With any one of the above two violations, the business may not reapply for a registration certificate for that fertilizer for two years.
If a fertilizer manufactured or imported is found to have negative impacts on soils, plants or people's health after a registration certificate is granted, the central governing agency shall, in addition to, immediately announce the findings and prohibit its manufacturing and import, but also invalidate its registration certificate.
The manufacturer or importer of the above mentioned fertilizer shall recall its fertilizer on the market, and handle this recalled fertilizer along with those in warehouses in manners and by the deadline specified by the central governing agency.
The issuing authority shall regularly announce the issuance, extension of expiration date, cancellation, and revocation and abolishment of fertilizer registration certificates.
Those who manufacture or import fertilizers in violation of Paragraph 1 of Article 5 shall be fined a minimum of one hundred thousand but no more than five hundred thousand new Taiwan dollars.
Those who has been notified to stop manufacturing or importing fertilizers by a specified time but fail to comply may be imposed consecutive daily fines starting from the date of the notification.
Anyone with one of the following conditions may be fined a minimum of fifty thousand but no more than two hundred and fifty thousand new Taiwan dollars:
1. Those who have violated Article 12.
2. Those who have violated Paragraph 1, Article 14 by manufacturing or importing fertilizers that do not agree with the registered ingredients or meet the specifications set by this law.
3. Those who have violated Article 17.
4. Those who have violated subparagraph one or two, Paragraph 1, Article 18.
5. Those who have violated Paragraph 1 of Article 22 by eluding, refusing or interfering with inspection or sampling.
6. Those who have violated Paragraph 1 of Article 23 by refusing to seal in storage or vow to safe guard.
7. Those who have violated Paragraph 2 of Article 25.
Those fertilizers mentioned in subparagraphs 1 through 4 of the preceding Paragraph may be confiscated if the business fails to address the problem after being notified to rectify the problem by a specified time.
Anyone with one of the following conditions shall be fined a minimum of thirty thousand but no more than one hundred and fifty thousand new Taiwan dollars:
1. Those who have violated Paragraph 2 of Article 6 by not labeling "sample" or selling or giving out samples.
2. Those who have violated Article 13 by not labeling clearly, completely, truthfully or not labeling at all.
3. Those who have violated Article 19.
4. Those who have violated Article 20.
5. Those who have violated Article 21.
Those fertilizers mentioned in subparagraphs 1 and 2 of the preceding Paragraph may be confiscated if the business fails to address the problem after being notified to rectify the problem by a specified time.
Those with the conditions specified in subparagraph 3 or 4 of Paragraph 1, and have been notified but fail to comply or stop advertising or promoting may be fined consecutively.
Those with one of the following conditions shall be fined a minimum of twenty thousand but no more than one hundred thousand new Taiwan dollars:
1. Those who have violated article 9 and fail to submit applications for replacement or new fertilizer registration certificates 30 days after the violation.
2. Those who have violated article 10 and fail to conduct transaction for suspension, termination or resumption of businesses, modification of registered items or obtaining new fertilizer registration certificates 30 days after the violation.
3. Those who have violated subparagraph 3 or 4, Paragraph 1, Article 18.
The governing agency shall charge fines as specified by this law.
The court will enforce those fines charged pursuant to this Act that become delinquent. Application from the business for fertilizer registration certificates may not be accepted until the fines are paid up.
This law does not apply to organic fertilizer made by farmers or families for personal use that does not involve selling.
Those who have obtained, in accordance with Fertilizer Regulation Rules, fertilizer registration certificates prior to this law becoming effective shall apply for new certificates by date specified by the central governing agency. The original certificates will become invalid beyond that date and shall be voided by the original issuing authority. If a business continues to manufacture or import fertilizers without getting a new certificate, it will be penalized in accordance with the provisions of Article 27.
The central governing agency shall determine the enforcement rules of this Act.
This act shall take effect on the date of promulgation.
This translation is for information purposes only and does not represent the binding law of the Republic of China. The binding law appears only in the national language, Chinese. Therefore, for purposes other than acquiring information, reference must be made to the original Chinese version of this statute.