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

Print Time:2024/11/22 16:55
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Chapter Law Content

Title: Regulations Governing the CNS Mark CH
Category: Ministry of Economic Affairs(經濟部)
Attachment:
Chapter I General Principles
Article 1
These Regulations are established in accordance with Paragraph 2 of Article 11 of the Standards Act.
Article 2
The standards authority may announce a list of products to which the designated national standards items mentioned in Article 10 of the Standards Act apply as products within the scope of the CNS Mark (hereinafter referred to as “the CNS Mark Product List”). The same shall apply when the standards authority intends to withdraw products from the list.
Article 3
Products included in the CNS Mark Product List as mentioned in the previous Article may be allowed to use the CNS Mark if they meet any one of the following requirements:
1.Where the plant has obtained the quality management system (hereinafter referred to as “QMS”) certificate issued by a QMS certification body located in Taiwan or in the same country as the plant that is recognized by the standards authority to demonstrate compliance with CNS 12681 (ISO 9001) (hereinafter referred to as the “recognized QMS certification body”), and the products meet relevant national standards after testing.
2.Where the plant has obtained the factory inspection report issued by the standards authority or a factory inspection body located in the same country as the plant (hereinafter referred to as “the factory inspection bodies”) that is recognized by the standards authority, and the products meet relevant national standards after testing.
For each product in the CNS Mark Product List, the standards authority shall announce whether the QMS requirement or the factory inspection requirement specified in Subparagraphs 1 and 2 respectively of the preceding Paragraph is applied.
The QMS certificate and the factory inspection report specified in Subparagraphs 1 and 2 respectively of the preceding Paragraph shall bear the accreditation logo of the accreditation body.
The accreditation body specified in the preceding Paragraph refers to the accreditation body in Taiwan or located in the same country as the plant, which is a member of the Mutual Recognition Arrangement (MRA) of the International Laboratory Accreditation Cooperation (ILAC), the International Accreditation Forum, Inc. (IAF) or the Asia Pacific Accreditation Cooperation (APAC).
Article 4
The pattern of CNS Mark is:(Please refer to the attached file.)

The dimensions of the above pattern shall be prescribed and announced by the standards authority.
Article 5
The CNS Mark as mentioned in the preceding Article, together with the certificate number, shall be affixed prominently to the body of the products that are granted the use of the CNS Mark (hereinafter referred to as “the CNS Mark products”). Where it is not possible to affix the CNS Mark to the body of the product, the Mark shall be affixed to the packaging or containers of the product. For products in loose packaging, the CNS Mark shall be displayed on the delivery notes.
If the CNS Mark is not affixed to the product in accordance with the provisions of the preceding Paragraph, corrective actions shall be taken within one month, beginning from the following day, upon receipt of notices from the standards authority or commissioned legal persons or associations (hereinafter referred to as “third-party certification bodies”). The specified period may be extended on the ground of justified reasons for one more month upon approval for a single time only.
Article 6
The standards authority may commission third-party certification bodies to undertake conforming assessment, certificate issuance (or replacement), market surveillance and relevant management matters that are related to certification of CNS Mark.
The provisions of the Regulations Governing Commission of Commodity Inspection Operations shall apply mutatis mutandis to the qualifications, conditions, application procedures, audits and relevant management matters that the third-party certification bodies mentioned in the preceding Paragraph shall meet. The certification fields and other specific requirements shall be announced by the standards authority.
Article 7
The standards authority may recognize QMS certification bodies, factory inspection bodies and testing laboratories to perform QMS assessment and follow-up audits, inspection of factories, and product sampling and testing, respectively.
An inspection body recognized as the factory inspection body for commodity inspection shall be recognized as the inspection body for CNS Mark under the condition that the scope of recognition covers products stated in the CNS Mark Product List mentioned in Paragraph 2 of Article 3 and the validity period of the recognition does not expire.
The provisions of the Regulations Governing Recognition of Designated Testing Laboratory for Commodity Inspection shall apply mutatis mutandis to the qualifications, conditions, application procedures, assessment, the validity period of recognition, revocation, rescission, and related administrative management matters that a recognized testing laboratory mentioned in Paragraph 1 shall meet. The scope of testing and other specific requirements shall be announced by the standards authority.
Article 8
Prior to making applications for the CNS Mark, a manufacturer shall first apply to the recognized QMS certification body or factory inspection body for QMS certification or factory inspection depending on applicable requirements mentioned in Paragraph 2 of Article 3 announced by the standards authority.
After accepting the application, the agency referred to in the preceding Paragraph shall dispatch auditors to the plant stated in the application to conduct QMS assessments or factory inspection. A a report shall be prepared and delivered to the applicant.
Article 9
Prior to making applications for the CNS Mark, a manufacturer shall first apply to the standards authority, the third-party certification bodies (hereinafter collectively referred to as “the product certification agency”) or the recognized testing laboratory for product testing.
After accepting the application, the agency referred to in the preceding Paragraph shall sample products from the plant stated in the application and carry out testing or witness testing on the sampled items in accordance with relevant national standards. A report shall be prepared and delivered to the manufacturer.
For products that are granted certification marks designated and announced by the standards authority and the registration is valid, the latest test report for those certification marks may be used and the same test items may be waived if they are required by the relevant national standards. Use of the latest report is limited to one time only. Other test items not waived shall be performed in accordance with the standards.
Article 10
Under any of the following circumstances, the manufacturer may apply for witness testing with reasons stated to the standards authority, other than those where witness testing is allowed by the standards authority:
1.Huge and heavy products that are not easy for delivery;
2.Delicate and fragile products that are easily damaged;
3.Dangerous products that are easy to cause dangers;
4.The testing laboratory of the manufacturer complies with the requirements of CNS 17025 and is accredited by a laboratory accreditation body of our country or of the same country as the applicant, which has signed the Mutual Recognition Agreement developed by the International Laboratory Accreditation Cooperation, with the items and accreditation scope covered by the applicable national standards.
5.Other special circumstances approved by the standards authority.
The standards authority may evaluate the competence of testing laboratories assigned by the applicant upon acceptance of the applications. An approval of witness testing will be granted if any of the circumstances mentioned in the preceding Paragraph is met and the applicant is equipped with adequate testing facilities and capable of performing testing items in compliance with national standards.
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