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Chapter Law Content

Chapter 1 General Provisions
Article 1
This Act is enacted to protect agricultural production and ecological environment, prevent and eliminate pests, prevent hazards from agro-pesticides, strengthen agro-pesticide administration, promote the development of agro-pesticide industry,and enhance the safety of agricultural products.
Article 2
Competent authorities as referred to in this Act:At the central government level: the Council of Agriculture,Executive Yuan; at the special municipal level: the government of the special municipality; and at the county (city) level: the government of the county (city).
Article 3
The matters governed by the central competent authority are asfollows:
1. Planning, compiling, supervising, and implementing national agro-pesticide administration policies, schemes, and plans.
2. Enacting (formulating), reviewing, interpreting, and implement ingnational agro-pesticide administration laws and regulations.
3. Researching, developing, and advocating agro-pesticideadministration.
4. Training and governing national agro-pesticide manager.
5. Supervising national agro-pesticide administrative affairs.
6. Coordinating or implementing of national agro-pesticide administration.
7. International cooperation and technical exchange pertaining toagro-pesticide administration.
8. Other matters related to national agro-pesticide administration.
Article 4
The matters governed by the special municipal or county (city)competent authority are as follows:
1. Planning and implementing schemes and plans regarding agro-pesticide administration in the area under its jurisdiction.
2. Implementing of agro-pesticide administration laws and regulations, as well as enacting (formulating), interpreting, and implementing self-government regulations on agro-pesticide administration in the area under its jurisdiction.
3. Researching, developing, and advocating agro-pesticide administration in the area under its jurisdiction.
4. Analyzing and reporting data of agro-pesticide administration in the area under its jurisdiction. 5.Other matters related to agro-pesticide administration in the area under its jurisdiction.
Article 5
The terms used in this Act are defined as follows:
1. Agro-pesticide means formulated agro-pesticides and technical grade agro-pesticides.
2. Formulated agro-pesticide means the chemicals or biologically-based formulations listed below:
(1) Those used for preventing and eliminating pests of crops and forest or the products thereof;
(2) Those used for regulating the growth of crops and forest or for influencing the physiological functions thereof;
(3) Those used for regulating the growth of beneficial insects;
(4) Any other chemicals designated by the central competent authority for protecting plants.
3. Technical grade agro-pesticide means any and all active ingredients or raw materials used for the manufacturing of formulated agro-pesticides specified in the Subparagraphs of the preceding Paragraph. However, any and all technical grade agro-pesticides shall be deemed formulated agro-pesticides if they can be directly used for any of the purposes specified in the preceding Paragraph and are approved and promulgated by the central competent authority.
4. Labelling means the illustrative text, patterns, or marks on the container, packaging, or enclosed specification of agro-pesticides.
5. Agro-pesticide manufacturers means those engaged in the manufacture, processing, and repackaging of agro-pesticides as well as the wholesale and export of agro-pesticides, and the import of technical grade agro-pesticides for self-use; manufacturers may also engage in the retail of their own products.
6. Agro-pesticide dealers means those engaged in the wholesale, retail, import, and export of agro-pesticides.
7. Manufacturing means the process of producing raw materials into technical grade agro-pesticides.
8. Processing means the process of producing technical grade agro-pesticides into formulated agro-pesticides.
Article 6
For the purpose of this Act, the term "prohibited agro-pesticides" refers to any and all agro-pesticides prohibited by the central competent authority in public announcement from being manufactured, processed, repackaged, imported, exported, sold, or used.
Article 7
For the purposes of this Act, the term "counterfeit agro-pesticides" means any agro-pesticides are found to fall within any of the following situations:
1. Agro-pesticides manufactured, processed, or imported without prior approval or counterfeit domestic or foreign products;
2. Agro-pesticides in which the content of other active ingredients added exceeds the standard limits prescribed by the central competent authority;
3. Agro-pesticides which have been replaced with domestic or foreign products;
4. Agro-pesticides whose validity labelling has been erased or altered; or
5. Agro-pesticides whose description of active ingredients is inconsistent with that approved.
Article 8
For the purposes of this Act, the term "inferior agro-pesticides" means registered agro-pesticides are found to fall within any of the following situations:
1. The content of the active ingredients does not conform to the standard specifications prescribed;
2. The validity of the agro-pesticides has expired; or
3. The quality other than the content of the active ingredients specified in Subparagraph 1 does not conform to the standard specifications prescribed.