This set of regulations are prescribed pursuant to Paragraph 2, Article 15 of the “Food Administration Act” (hereinafter referred to as the “Act”)
Items concerning with the check randomly or inspection of marketed foods implemented by the competency authorities are included as follows:
1. Items defined in accordance with Article 14 and Article 14-1 of the Act.
2. Items prescribed in Paragraph 1 of Article 15 in this Act regarding the sampling and inspection of foods sold in markets
When conducting the sampling and inspection of foods sold in markets, the personnel of competent authority shall produce food inspection certificate to food dealers or food retailers, and inform them the subject of verification.
The competent authority shall be able to randomly purchase sample in selling sites in the implementation of sampling and inspection of foods sold in markets, unless such inspection is conducted with a specific purpose by the competent authority.
The sampling can be exempted if the evidence collection is completed in site by the competent authority on food labeling inspection.
When conducting the sampling and inspection of foods sold in markets, the competent authority shall produce inspection or sampling record for the business people, its representative or operating personnel at selling site to confirm by signature.
In case the operating personnel at selling site prescribed in the preceding paragraph refuses to sign on the record, the executive personnel shall write down the fact, execution time and place of such event in the record.
The competent authority shall complete the examination (check) within seven working days after sampling;in case of species inspection or other matters shall deliver the samples within three working days after sampling to commissioned inspection agencies, legal or academic or research institutions ( hereinafter referred to as “ commissioned inspection agencies ( institutions) ” )to go through inspection.
The commissioned inspection agencies (institutions) shall completed the inspection within 10 working days after reception of the sample specified in the preceding paragraph.
Businesses who have objections to food inspection results may apply in writing to the competent authority to carry out review or re-inspection for the retained samples within five working days after reception of the notice and deposit inspection fees, and such application shall be limited to one time only. The competent authority shall conduct review or re-inspection within seven working days after the acceptance of such application, and notify its result to applicant in writing.
The sampling or inspecting personnel shall hold the learned trade secrets of the inspected business person in confidence.
While performing business service, the sampling or inspecting personnel shall avoid in accordance with the relevant provisions stipulated by the “ Administrative Procedure Act ”.
This set of regulations shall take effect on December the 18th, 2014.