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

Print Time:2024/11/24 23:19
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Chapter Law Content

Title: The Commodity Inspection Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter II Batch-by-Batch Inspection
Article 18
For commodities subject to batch-by-batch inspection, the obligatory inspection applicant shall file a batch-by-batch inspection application with the BSMI.
Commodities included in the same inspection application shall be the commodities of the same category, same type, or the same specifications, unless otherwise approved by the BSMI.
Article 19
For commodities subject to inspection and included in the list of commodities for which an application for domestic sale inspection registration in advance is required as designated and made known to the public by the BSMI per public notice, the obligatory inspection applicant may apply for commodity inspection only after completing the procedure of the foregoing registration.
Article 20
Regulations governing batch-by-batch inspection application procedures, the issuance of inspection certificates (new or replacement), the domestic sale inspection registration, and other relevant matters shall be prescribed by the competent authority.
Article 21
Commodity inspection shall be conducted at the BSMI, the port of exportation or importation, or where the commissioned government agency, the juristic person or organization is located. However, with prior approval, the inspection may be conducted at the production premises or warehouse.
Article 22
Samples required for commodity inspection may be taken, by sampling, or provided by the obligatory inspection applicant.
The quantity of samples to be taken under the preceding Paragraph shall be determined by the BSMI in accordance with the inspection standards, the nature of the products, or the inspection requirements.
After completion of the inspection, the inspected samples, with the exception of those consumed or damaged, shall be removed by the obligatory inspection applicant within a given time limit. Samples not withdrawn by the applicant by the deadline date shall be regarded as abandoned articles subject to the disposal by the BSMI, or the government agency, juristic person or organization originally commissioned to conduct the inspection.
Article 23
After samples are taken in accordance with the preceding Article and prior to the issuance of inspection certificate, the BSMI may seal up the commodities and place them under the custody of the obligatory inspection applicant.
The applicant shall not, without good cause shown, evade, hinder or refuse the implementation of the sealing-up procedure mentioned in the preceding Paragraph.
Article 24
An inspection certificate shall be issued when the commodity has passed the inspection. Where the term of the validity must be indicated in the inspection certificate, the terms of validity applicable to various categories of commodities shall be determined and made known to the public by BSMI per public notice.
Article 25
Where an inspection certificate is lost or if the commodity to be imported or exported is split into several batches of shipment, an application for a replacement or a new inspection certificate may be filed, and the new or replacement inspection certificate will be in force for the remaining validity term of the original certificate.
Article 26
For commodities that failed the inspection, the BSMI shall issue an unsatisfactory inspection notice to the obligatory inspection applicant, who shall in turn apply for a re-inspection at no cost within fifteen days after receiving the said notice.
Regulations governing disposition of the disqualified commodities set forth in the preceding Paragraph shall be prescribed by the competent authority.
Article 27
Under any of the following circumstances, a new application for inspection shall be filed for commodities that passed initial inspections:
1. Where the term of validity of the inspection certificate has expired;
2. Where the package of the commodity has changed or worn out to such extent that the quality of the commodity will be adversely affected;
3. Where the commodity has been damaged by water or fire, or appears to have been damaged or destroyed;
4. Where the commodity has been unduly labeled or appears to be in disorder;
5. Where the commodity has been further processed; or
6. Where any commodity has been altered in its characteristics for which inspection is required.
Article 28
In order to enhance inspection efficiency, the BMSI may make known to the public per public notice that a type approval application shall be filed in advance and a type approval certificate shall be obtained for a specific commodity before the filing of an inspection application, and may, for that specific commodity, simplify the inspection procedures when an inspection application is filed.
Under any of the following circumstances, the commodity may be exempted from type approval and an inspection application may be filed directly for such commodity. A certificate shall be issued after the relevant documents submitted along with the application have been verified to be in accord with the requirements and a letter of undertaking has been made by the obligatory inspection applicant to assure its completion of the procedures to close the case within a specific period of time:
1. Where the commodity is required for use in testing;
2. Where the commodity is re-imported after having been repaired abroad; or
3. Where the commodity is needed for making emergency repair or maintenance.
Regulations governing the requirements and procedures for filing a type approval application, the period of validity, the issuance/revocation/rescission of the type approval certificate (new or replacement), the examination of a direct inspection application, the procedure for filing the letter of undertaking, the procedure and manner for closing cases, the issuance/revocation/rescission of the certificate (new or replacement), and other compliance matters as required in the preceding two Paragraphs shall be prescribed by the competent authority.
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