These Rules are prescribed in accordance with the provision of Article 65 of the Commodity Inspection Act (hereinafter referred to as the “Act”).
Prior to the designation of relevant data per a public notice to be given by the Bureau of Standards, Metrology and Inspection of the Ministry of Economic Affairs (hereinafter referred to as the "BSMI") in accordance with Article 3 of the Act, the BSMI may conduct preliminary review of the cases pertaining to putting public notice in connection with the establishment, amendment and/or rescission of the scope of commodities subject to inspection, or other significant commodity inspection related matters.
For conducting the preliminary review set forth in the preceding Paragraph, the BSMI may invite representatives from relevant government authorities, industrial or business associations to take part in such preliminary review meetings.
In determining the applicable inspection schemes for various commodities under the provision of Paragraph Two, Article 5 of the Act, the BSMI shall designate, by putting a public notice, one or more of the four (4) different inspection schemes, namely batch-by-batch inspection, monitoring inspection, registration of product certification, and declaration of conformity.
In designating applicable commodity inspection scheme(s) under the preceding Paragraph, various factors such as the characteristics of commodity and the industry involved, internationally acceptable inspection practices, domestic business operation and consumer goods market environments, relevant laws governing product liabilities or execution of market surveillance shall be taken into consideration; and appropriate arrangement(s) may be made to coordinate with practical operations.
The expression “placing such commodities on the market” as set forth in Paragraph Two, Article 6 of the Act shall mean to display, sell, install or use the commodities concerned.
Where the inspection method of a particular commodity has been specified in the commodity inspection standards published by the BSMI per a public notice, such inspection standards shall prevail provided, however, that if there are two or more inspection methods applicable to that particular commodity, the inspection personnel involved shall try to uniform the inspection method they have adopted.
In case the inspection method of a particular commodity has not been specified in the above-referenced commodity inspection standards, the BSMI may, based on the properties of the commodity, designate another feasible and generally acceptable method for performing the commodity inspection required.
Inspection of exporting commodity may be performed in accordance with the inspection method as mutually agreed upon by the buyer and the seller to the sales agreement involved.
The term “special cause” as used in Paragraph Four, Article 10 of the Act shall mean any of the following circumstances:
1.Commodities which are intended to be exported after further processing or assembly or to be exported in their original form;
2.Commodities which are provided for use at extraordinary places and are made in different specifications in order to suit the special requirements while being used at such specific places;
3.Commodities whose structure, dimensions and features are different from the inspection standards or have not been incorporated in the inspection standards due to technical improvement, or creation of new technology, or for satisfying industrial requirements;
4.Commodities whose specifications conform to the internationally acceptable or well-known standards specifications and are adaptable to domestic technical environment; and the use of which will not cause or result in any harmful impact; or
5.Commodities which have special conditions of application or functions.
Where the specifications of a commodity have been approved by the BSMI by reason of any of the special causes set forth in the preceding Paragraph, such specifications shall not have any unfavorable impact upon the safety, health and environmental protection inspection requirements applicable to this commodity.
Traditional Chinese language shall be the predominant language to be used in labeling a commodity under Article 11 of the Act and may be supplemented by additional labeling written in foreign language(s). For export commodities, the common language of the territory whereto the commodities are exported or the internationally acceptable language may be used in labeling the commodities.
The term “package” as used in Article 11 of the Act shall mean the original package of a commodity made by the manufacturer or processing contractor of such commodity.
Where any domestically produced or manufactured commodity subject to batch-by-batch inspection can hardly be grouped by production lot number, the aggregate quantity/volume of such commodity to be produced during a specific period of time shall be considered as the same commodity produced in one production lot.
After accepting an application for inspection, the BSMI shall proceed to take samples as required under Article 22 of the Act in accordance with the following rules:
1.Where no sampling date is designated in the application form, sampling by an inspector to be assigned by the BSMI shall be performed in principle on the date of acceptance of the inspection application, or on the following day, if the time does not allow.
2.Where a specific date of sampling is designated in the application form, an inspector shall be assigned to perform the sampling on such designated sampling date.
3.Where an inspection applicant is unable to provide the commodity subject to inspection in the package and quantity as required on the designated sampling date, one and only one application for extension of the sampling date may be filed prior to the dispatch of an inspector by the BSMI provided that the duration of such extension shall in no case be more than seven (7) days.
The sampling date to be designated in the application form under Subparagraph 2 of the preceding Paragraph shall not be later than the seventh day from the day following the date of the application.
If an inspector, in taking samples, finds that the commodity is inconsistent with what is described in the inspection application in terms of its contents, quantity or labeling; and such inconsistence can not be corrected forthwith by the inspection applicant, the inspector shall cease the sampling process.
The inconsistency found under the preceding Paragraph shall be corrected by the obligatory inspection applicant within fourteen (14) days; and if such inconsistency remains uncorrected beyond the deadline date, the BSMI shall reject the inspection application. However, if the inconsistency is a fraud in nature, the BSMI shall reject the inspection application immediately upon the finding thereof.
The obligatory inspection applicant shall cause the commodities subject to inspection to be piled up in good order and shall, upon a request of the inspector, move the samples taken to an appropriate place for check or sampling.
In case the obligatory inspection applicant violates the requirements set out in the preceding Paragraph, the inspector shall cease the sampling process.
The samples as required in Article 22 of the Act shall be taken by the inspector at random, and shall not be designated by the obligatory inspection applicant.
Sampling methods shall be defined by the BSMI based on the inspection standards, the nature of the commodity subject to inspection, or the inspection requirements respectively.
The inspector shall affix and sign or seal, on the packages of a batch of commodity from which samples have been taken, a sealing sticker indicating thereon the reference number of the inspection application, the date of sampling, and the the quantity of samples taken.
In case sampling process for imported commodities can hardly be performed at the port of entry, a place of sampling may be designated by the BSMI.
After completing the sampling process, the inspector shall issue (to the applicant) a sampling receipt, in the form as printed and serially numbered by the BSMI, which has been duly signed by the sampling inspector. In case the sampling and inspection are performed and the sampled commodities are returned to the applicant on the spot, issue of such sampling receipt may be omitted.
After duly sealed, the samples taken shall be carried back by the sampling inspector. However, if the samples taken are bulky, heavy, or in extraordinary condition, the obligatory inspection applicant may be requested to take the responsibility of making transportation arrangement therefore.
The term “time limit for withdrawing the samples” as set forth in Paragraph Three, Article 22 of the Act shall mean a period of three months commencing from the date an inspection certificate is issued provided, however, that if the storage period of the sampled commodity inspected will expire prior to the deadline date hereinabove set forth, the said storage period shall prevail.
Samples of a commodity failed the inspection shall be disposed of in accordance with the provisions set out in the “Regulations Governing Disposition of the Disqualified Commodities”.
Sample commodities shall be released for withdrawing against the sampling receipt issued hereunder.
After the commodities provided for inspection are sampled and sealed up under Article 23 of the Act and before obtaining an inspection certificate, such sealed commodities shall not be removed without a prior approval of the BSMI. Removal of the sealed commodities with a prior approval may be effected under the supervision of an authorized representative appointed by the BSMI.
With regard to commodities subject to random inspection as designated by public notice, the BSMI shall, at any time or from time to time, take samples from production premises concerned or purchase samples from market as required for performing such random inspection.
The technical documents as required in Article 43 of the Act shall include technical descriptions and test reports of the commodity concerned.
For a commodity which is assembled from modular parts and components and has been exempted, according to the provision set out in Paragraph Two, Article 44 of the Act, from undergoing any further test after completion of the assembly process, the technical documents associated therewith shall include the identification data of such modular parts and components as well as the photocopy of the documents certifying their conformity with inspection requirements set out in the Act.
The declaration of conformity to be issued under the provision of Paragraph Two, Article 43 of the Act shall include the following particulars:
1.The name or title and the address of the obligatory inspection applicant;
2.Commodity identification data, including the name and the type/model number of the commodity;
3.The applicable inspection standards and a statement in writing declaring the conformity of the commodity to such inspection standards;
4.The signature/seal of the obligatory inspection applicant, and the title, name and signature/seal of the authorized representative or manager, if the obligatory inspection applicant is a juristic person or an organization;
5.The date of execution and issuance of the declaration of conformity; and
6.Other particulars as required or designated by the BSMI.
The content of registering commodities subject to declaration of conformity in accordance with the provisions of Paragraph Three, Article 43 of the Act, shall include the particulars mentioned in the preceding Paragraph together with a copy of the declaration of conformity.
Where a portion of the contents of a technical document involves information for consumers, such portion of contents shall be written in traditional Chinese language; whereas, other portions written in foreign language shall be accompanied by appropriate traditional Chinese translations, except for the test reports written in English.
Inspector performing official duties outside the office shall wear identity badges and shall, in the case of harbor/airport inspection personnel, wear uniforms.
These Enforcement Rules shall come into force from the date of promulgation hereof.