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

Print Time:2024/11/22 11:27
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Chapter Law Content

Chapter 2 Facility and Operating
Article 4
Market shall equip with the following facilities:
1. Fruits and vegetables Market:
(1) Basic facilities: shall have transaction facilities (transaction ground, transaction implements, quotation boards…etc), handling facilities (conveyer, transport vehicles…etc), public facilities (offices, telephones, parking lots, safety and fire control facilities…etc), Utility facilities (drinking water, variouslighting facilities…etc), and sanitations (lavatories, bathrooms, wastes disposals, disinfections facilities…etc).
(2) Attached facilities: rest lounge for wholesalers and suppliers, cleaning, refrigerating, sun-dried ground, dehydrating, processing, grading, jobbering, packaging, sorting facilities, and residual pesticide testing equipments and other necessary facilities depending on realistic needs.
2. Livestock (meats) Market:
(1) Basic facilities: shall have transaction facilities (transaction ground, mooring ground, transaction implements, quotation boards…etc), public facilities (offices, telephones, parking lots, safety and fire control facilities…etc), Utility facilities (drinking water, rinsing, various lighting facilities…etc), and sanitations (lavatories, bathrooms, wastes disposals, disinfections, sewage disposal facilities…etc); for meat products market, shall have additional refrigerating, and freezing facilities (pre-cooling, refrigerating, freezing rooms), and transportation facilities (carcass hanging cold storage vehicles), as for slaughtering operating, shall follow the slaughterhouse establishment regulations to set up the related facilities.
(2) Attached facilities: rest lounge for wholesalers and suppliers, cutting, grading, packaging facilities, and other necessary facilities depending on realistic needs.
3. Poultry Market:
(1) Basic facilities: shall have transaction facilities (transaction ground, mooring ground, transaction implements, quotation boards…etc), transportation facilities (conveyer, carts…etc), public facilities (offices, telephones, parking lots, safety and fire control facilities…etc), Utility facilities (drinking water, rinsing, various lighting facilities…etc), and sanitations (lavatories, bathrooms, wastes disposals, disinfections, sewage disposal facilities…etc).
(2) Attached facilities: rest lounge for wholesalers and suppliers, slaughtering facilities, refrigerating facilities, and other necessary facilities depending on realistic needs.
4. Fish Market:
(1) Basic facilities: shall have transaction facilities (transaction ground, mooring ground, transaction implements, quotation boards…etc), refrigerating facility, transportation facilities (conveyers, carts…etc), public facilities (offices, telephones, parking lots, safety and fire control facilities…etc), Utility facilities (drinking water, rinsing, various lighting facilities…etc), and sanitations (lavatories, bathrooms, wastes disposals, disinfections, sewage disposal facilities…etc)
(2) Attached facilities: rest lounge for wholesalers and suppliers, ice-making, processing, grading, jobbering, packaging, sanitation inspecting facilities, and other necessary facilities depending on realistic needs.
5. Other Products Market: Its basic and attached facilities shall be publicized by the central supervising authority.
6. Composite Market: Its basic and additional facilities shall coincide with the standard of each market.
Article 5
While the market operating subject receive operating permit, it shall begin to operate within 6 months. If it is unable to begin operating in the specified period, may apply to the municipal, county/city supervising authorities for postponement with justifiable reasons but limited to one time only.
Article 6
Fruits and vegetables Market shall employ quarantine personnel for inspecting the residual pesticide. Livestock (meats) and poultry Market shall employ veterinarians. Fish Market shall employ ice-making, refrigerating, and sanitary inspecting personnel.
Composite Market shall follow the above rules based on its business items.
Article 7
The market shall reject transactions if the product is contaminated, spoiled, or selling prohibited products by law.
Article 8
The market shall set up the task flow orders and management rules and put it into practice by the approval of local supervising authority. It is also requested to perform the planned purchasing and selling.
Article 9
The market transactions are regulated as follows:
1. Auction transaction:
(1) Auctioneer shouts the prices loudly and clearly. If no one adds up price for 3 consecutive bits, the one offer the highest price is the buyer; If 2 or more people offer the same highest price, the one who offers the price first is the buyer.
(2) If the auction price is lower than suppliers' lowest price, it shall announce the transaction is uncompleted, except that the supplier agrees with the deal on the spot.
2. Bargaining transaction: the market personnel together with suppliers and wholesalers through negotiation to determine the current transaction prices. If the supplier is unable to be on the spot, the market personals may represent the supplier to negotiate the transaction prices; if the negotiated price is lower than the price that supplier specified, it shall announce the negotiation uncompleted.
3. Fixed price transaction:
(1) The market personnel together with suppliers to mark the selling price of the product, the wholesalers purchase products by marked price.
(2) 2 or more buyers compete to buy the same product shall draw lots to determine the buyer.
4. Tendering transaction:
(1) The market personnel together with suppliers to specify and seal up the selling price. If the wholesaler would like to buy after checking the quality, she/he shall write down the offering price then put into the biting-box. The market personnel open the bit on the spot. The bit goes to the one who offers the highest price; 2 or more buyers offer the same highest price shall draw lots to determinate the buyer.
(2) If the buyers' offering price is lower than suppliers' price, it shall announce the bit is uncompleted, except that the supplier agrees with the deal on the spot.
The auction transaction of above paragraph Item 1, the market may appoint some related personnel to organize an assessment team to estimate the beginning price of the day of auction for reference, under consideration of price level and transaction situations of the previous day as well as the supply and demand situation of the present market.
Whenever there happens controversy, the market shall make the decision and both sides shall observe the decision.
The mode of transaction should be made mainly on auction; it may also be done by mechanical operating methods.
Article 10
The wholesaler who purchases agricultural products shall pay the bill to the market within 3 days after transaction date. The market shall make payment to the supplier within 3 days after transaction date.
Article 11
After the transaction finished, the buyer shall move products away from transaction ground immediately. If it should be delay temporary, it shall be agreed with by market.
The transaction ground herein before shall not be partitioned to be used by suppliers and wholesalers.
Article 12
The market shall report last month's transaction records to the county/city supervising authorities or municipal supervising authority before 10th of each month.
Article 13
The market shall automatically collaborate with municipal, county/city supervising authorities to make the market information report to disseminate the information of production/consumption and market transaction situation to wholesalers and suppliers.
Article 14
Market shall promulgate its business time of cargo entering, transaction, and slaughtering everyday on the basis of its realistic need.
Article 15
The suppliers brining the products into the market shall label clearly by product, grade, and weight, also the market shall check and receive it on the spot.
Article 16
The order of the product transactions, except the paragraph 2 of the Article 8 of the Said Act has priority, shall observe the following rules:
1. by the order of arriving the market.
2. by means of drawing.
The transaction order of 2 Items herein before shall be determined by market based on its operating flows and management rules.
Article 17
When the transaction is completed, the market personnel shall announce the names of both sides and the transaction price, the supplier and wholesaler shall have no objections to the determined transaction.
Article 18
The transactions of the livestock for domestic consumption, its slaughtering shall be proceeded in the legal slaughterhouse based on the "Livestock Slaughtering Management Regulation".
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