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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 05:52
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Chapter Law Content

Title: The Commodity Inspection Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter I General Provisions
Article 1
This Act is enacted to ensure compliance of commodities with the requirements set out in the safety, health, environmental protection, and other technical regulations or standards; to protect consumers’ rights and interests; and to promote sound development of economic activities.
Article 2
The competent authority as referred to in this Act shall be the Ministry of Economic Affairs.
The Ministry of Economic Affairs shall set up the Bureau of Standards, Metrology and Inspection (hereinafter referred to as the BSMI) to take charge of the commodity inspection operations.
Article 3
The following commodities shall be inspected in accordance with this Act as long as the categories, the items, and/or the shipping destinations of such commodities have been so designated and made known to the public by the BSMI per public notice:
1. Agricultural, industrial and mining commodities domestically manufactured, including those produced, manufactured or processed;
2. Agricultural, industrial and mining commodities to be exported; or
3. Agricultural, industrial and mining commodities to be imported.
Article 4
The technical activities of inspection are conducted by the BSMI, and may be conducted by any relevant government agencies (bodies), juristic persons or organizations on behalf of the BSMI as entrusted by the BSMI.
The BSMI may commission any relevant government agencies (bodies), juristic persons or organizations to perform the operations in connection with the issuance of inspection certificates (new or replacement) and to conduct relevant inspection activities.
The expenses pertaining to the entrusted or commissioned inspection mentioned in the preceding two Paragraphs may be accordingly deducted from the commodity inspection fees.
Regulations governing the qualification, review, supervision, performance evaluation and other requirements of relevant government agencies (bodies), juristic persons or organizations so commissioned by the BSMI under Paragraph Two of this Article shall be prescribed by the competent authority.
Article 5
Commodities inspection shall be conducted in four schemes, namely batch-by-batch inspection, monitoring inspection, registration of product certification, and declaration of conformity.
Inspection schemes applicable to different commodities shall be designated and made known to the public by the BSMI per public notice.
Article 6
No commodities subject to inspection shall be released from the production premises, nor be exported or imported, if it does not conform to the inspection requirements. However, commodities identified by the BMSI as low risk of hazard may be exempted from this restriction.
Commodities as mentioned in the Proviso of the preceding Paragraph shall still comply with the inspection requirements before they are placed on the market.
The criteria for identification of risks of hazard as mentioned in the Proviso of Paragraph One of this Article, the assessment procedure, analysis and application, as well as guidelines for other matters shall be prescribed by the competent authority.
Sellers shall not display or sell commodities subject to inspection that do not comply with the inspection requirements.
Article 7
For commodities subject to import inspection, the BSMI may, as it is deemed necessary, issue a Notice for Prior Release of Imported Commodity for use in completing the customs clearance procedure, and may, in accordance with relevant provisions, dispatch its inspector(s) to the storage place of such cargo and to seal up such cargo pending inspection. No such cargo may be released from its storage place, unless it has passed the inspection.
The person whose imported goods are sealed up shall not, without good cause shown, evade, hinder or refuse the seal-up operation set forth in the preceding Paragraph.
The competent authority shall prescribe regulations governing the conditions for prior release of imported goods, the issue of Notice for Prior Release of Imported Commodity, the requirements for performing the sealing-up operation, and the management matters associated therewith.
Article 8
The following persons shall be obligated to file applications for commodities inspection (hereinafter referred to as the obligatory inspection applicant):
1. The manufacturer or exporter of a commodity involved if it is manufactured domestically. For commodities that are entrusted to be manufactured and sold or exported under the name of the entrusting person who has a domicile or business place in the Republic of China (Taiwan), the entrusting person shall be the obligatory inspection applicant.
2. The importer of a commodity involved if it is manufactured overseas. For commodities that are entrusted to be imported and sold domestically under the name of the entrusting person who has a domicile or business place in the Republic of China (Taiwan), the entrusting person shall be the obligatory inspection applicant.
3. The seller of a commodity involved in case the manufacturer, exporter/importer or the entrusting person of manufacturing, export or import is unknown or cannot be located.
The manufacturer as mentioned in the preceding Paragraph may be referred to either of the following parties:
1. The assembler: for commodities assembled for sale from individual parts and components; or
2. The modifier: for commodities conforming to the inspection requirements and modified for the purpose of sale before being placed on the market.
Article 9
Under any of the following circumstances, the commodity subject to inspection may be exempted from inspection:
1. Where the imported commodity is attached with an inspection certificate issued by the government of the country of origin of the commodity which provides a reciprocal inspection exemption treatment to the commodities of the Republic of China;
2. Where the commodity is exported from or imported to the Republic of China for personal use by any member of a foreign embassy or consulate located in the Republic of China or by any person who is entitled to diplomatic immunity;
3. Where the products not for sale, such as products for own-use, commercial samples, products for exhibition, or articles for use in research and development or in testing activities are imported or exported;
4. Where the imported or domestically manufactured commodities are intended to be exported after further processing or assembly or where the imported commodities are intended to be exported in its original form;
5. Where the imported or domestically manufactured parts or components of commodities subject to inspection are required for processing or assembly for the finished product(s) and will be inspected in its entirety as a finished product(s) in accordance with the same inspection standards applicable to such finished product(s);
6. Where the imported or domestically manufactured commodities are intended to be used by the military authority with the official letter proof issued by the various authorities under the direct supervision of the Ministry of National Defense; or
7. Where the imported or domestically manufactured commodities are intended to be used for the emergency humane rescue with relevant government proof papers.
Regulations governing the requirements, approval and refusal, labeling of usages, close of cases, extension, alteration of usages, checks and evaluation for filing an inspection exemption application under the preceding Paragraph, and other compliance matters shall be prescribed by the competent authority.
Article 10
Inspection items and inspection standards of commodity shall be made known to the public per public notice by the BMSI.
The commodity inspection standards referred to in the preceding Paragraph shall be determined and identified by the BMSI in accordance with the obligations required by international conventions, and in reference to national standards, international standards and/or other applicable technical regulations, or shall be developed by the BSMI in the absence of such national standards, international standards, or other technical regulations.
In case the specifications of an exported commodity are inconsistent with official inspection standards, an inspection may be conducted in accordance with the standards agreed upon between the buyer and the seller thereof, with prior approval of the competent authority in charge of trade.
In case the specifications of an imported or domestically manufactured commodity are inconsistent with the official inspection standards for a specific reason, such reason shall be reported to and approved by the BSMI in advance.
Article 11
The obligatory inspection applicant shall mark on the commodity's body, package, label or instructions, the name of the commodity, and the name/title and address of the obligatory inspection applicant, in addition to the relevant markings as required by the inspection standards.
Article 12
The obligatory inspection applicant shall place the commodity inspection mark on the commodity’s body provided; however, that the body of the commodity is too small or for other specific causes to accommodate such mark, the commodity inspection mark may be affixed to the commodity in accordance with other marking methods, except for those commodities which are designated or approved to be exempted from bearing the commodity inspection mark by the BSMI.
Regulations governing the design, identification number, labeling method, printing, pre-purchase, report, check, cancellation and use of the commodity inspection mark as required in the preceding Paragraph of this Article, and other compliance matters shall be prescribed by the competent authority.
Article 13
The BSMI may recognize the designated testing laboratories to conduct the testing of commodities subject to inspection.
Regulations governing the qualification requirements, conditions, application procedures and assessment of the designated testing laboratories, and the term of validity, the issuance/revocation/rescission of the certificate (new or replacement), and relevant administrative matters shall be prescribed by the competent authority..
Article 14
In order to upgrade the management of commodity or service in terms of quality, environment, safety or health, the BSMI may implement certification system in connection with products or management systems.
In order for the BSMI to handle applications for product certification or management system certification to be filed by relevant manufacturers and firms under the preceding Paragraph, the regulations governing the conditions and procedures for filing the application, and the term of validity, the issuance/revocation/rescission of the certificate (new and/or replacement), and other relevant matters shall be prescribed by the competent authority.
Article 15
Subject to the existence of bilateral or multilateral mutual recognition agreements or conventions signed by the Republic of China with other countries, regional organizations or international organizations, the BSMI may accept the test reports, inspection certificates and/or other relevant certification documents that are signed and issued in accordance with the provisions set out in such agreements or conventions.
Article 16
The commodity inspection to be conducted by the BSMI at the request of both parties or either party to a sales transaction, in accordance with the specifications agreed upon by the seller and the buyer thereto shall be regarded as a contracted inspection. Regulations governing the scope, application procedures, inspection method, review of documents and matters pertaining to the issue and replacement of a contracted inspection certificate shall be prescribed by the competent authority.
Article 17
In order to make the best use of inspection resources and provide technical services, the BSMI may accept the request of any manufacturer or firm to provide, in accordance with a commissioning arrangement, product testing service or other technical services. Regulations governing the commissioning procedures, testing, retesting, sample treatment and other compliance matters shall be prescribed by the competent authority.
When the testing report of the commodity so commissioned under the preceding Paragraph is used in the labeling, advertisement or other promotion activities of the commodity, information on the name of the commodity, specification, type, testing items, testing results, the way by which samples are provided and other notices as presented in the testing report shall also be noted and the wording of the labeled information shall not be misleading in a manner that would indicate that the BSMI has inspected and approved the commodity.
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