The Regulations are defined and issued under Paragraph 4 of Article 4 of the Act Governing Food Safety and Sanitation.
The mission of the Advisory Committee of Food Advertisement and Labeling (hereinafter referred as ”the Committee”) is to perform the following consultations and recommendations on the food advertisement and labeling:
1. addition and amendment to the food advertisement and labeling laws and regulations;
2. formulation of food advertisement and labeling management policies and strategies;
3. food advertisement and labeling investigation and study related plans;
4. handling of major food advertisement and labeling violation cases;
5. other food advertisement and labeling management matters.
The Committee is made up of 13 to 21 members as appointed by the Minister of the Ministry of Health and Welfare (hereinafter referred to as the “Minister”), which consists of scholars and experts specializing in food safety, nutrition, medicine, law, and humanistic and social science.
With regard to the members of the Committee in the preceding paragraph, the quorum of either gender shall not be less than one-third of the total number of its members.
The Committee must include a convener and a vice-convener, as appointed by the Minister.
A member of the Committee will be appointed for a term of 2 years, with eligibility for reappointment. The Committee may additionally appoint committee members to succeed those members who are unable to complete the term prescribed above for whatever reasons, and the term of the successor will be ended as the term of its predecessor expires.
The Committee shall have an executive secretary and several staff members who shall be appointed by the Minister from the personnel of the Food and Drug Administration (hereinafter referred to as “FDA”) to attend to the affairs and tasks of the Committee.
The Committee meeting shall be generally held twice annually, and an interim meeting may be convened as deemed necessary. The meeting requires the attendance of at least half of the members before the meeting may commence.
The convener shall be the chairperson of the meeting, and the vice-convener may act as the chairperson for the convener who fails to attend the meeting. When both convener and vice-convener fail to attend the meeting, the convener may designate one of the members as the chairperson; where designation is impossible, the chairperson may be elected by all attending members from among themselves.
The Administrative Procedure Act shall apply to the avoidance affairs for the members of the Committee.
Experts, scholars, representatives of the government agencies, and personnel of the FDA departments may be invited to attend the meeting if the need arises.
The Committee members and meeting participants shall desist from disclosing any information about the meeting minutes, members’ opinions presented in the meeting, or meeting conclusion in any means pursuant to the duty of confidentiality.
The meeting conclusion set forth in the preceding paragraph shall be made available to the public by the FDA after being approved under the administrative procedures.
The committee members shall independently exercise their authority without any interference.
The Regulations shall come into force from the date of promulgation.
Articles 3 of these Regulations, amended and promulgated on 18 August 2020, shall take force from 1 January 2021.