No Support JavaScript

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

Print Time:2024/11/22 15:15
:::

Chapter Law Content

Title: Regulations Governing the CNS Mark CH
Category: Ministry of Economic Affairs(經濟部)
Attachment:
Chapter III Administration
Article 14
The product certification agency may conduct yearly non-periodical surveillance visits to manufacturers that are granted the use of the CNS Mark (hereinafter referred to as “CNS Mark registered manufacturers”).
When non-compliance with the requirements of the previous Paragraph is found during the surveillance, corrective actions shall be taken within one month, beginning on the following day, upon receipt of notices from the product certification agency. The specified period may be extended on the ground of justified reasons for one more month upon approval for a single time only. The product certification agency may carry out surveillance again after the one-month period expires.
Article 15
CNS Mark registered manufacturers having any of the following circumstances shall take corrective actions upon receipt of notices from the product certification agency. The CNS Mark shall not be allowed to be affixed to products manufactured during the period when corrective actions are being taken.
1. The QMS certification has been suspended, terminated or its relevant scope is reduced.
2. The relevant scope of the factory inspection report has been reduced.
3. The manufacturer fails to cooperate with factory inspection bodies to receive follow-up inspection.
4. The results of the follow-up factory inspection are determined to be non-compliant.
5. The QMS certificate or factory inspection report does not meet the requirements specified in Paragraph 3 of Article 3 about the accreditation logo of the accreditation body.
Article 16
The product certification agency may take samples of CNS Mark products from the market, construction sites, or the plants of CNS Mark registered manufacturers to conduct testing on an irregular basis. The testing reports shall be prepared and provided to the CNS Mark registered manufacturers.
For CNS Mark products that have undergone product sampling tests specified in the preceding Paragraph by a recognized testing laboratory, the testing laboratory shall notify the product certification agency of the test results. Where the test reports demonstrate compliance of the products with national standards, the testing mentioned in the preceding Paragraph may be exempted.
If the test results mentioned in the preceding two Paragraphs does not show compliance with national standards, the CNS Mark registered manufacturers shall take corrective actions within one month, beginning on the following day, upon receipt of notices from the product certification agency and apply to the product certification agency or the recognized testing laboratory for re-testing.
The re-testing mentioned in the preceding Paragraph shall be conducted on new samples randomly selected. Where the non-compliance is only limited to labeling, the check may be implemented only for the labeling.
The product in question shall not use the CNS Mark during the period, starting from the following day, upon receipt of notices mentioned in Paragraph 3 to the date that compliance reports of product re-testing is received.
Where the CNS Mark products are proved to be non-compliant with national standards and such non-compliance is verified by the product certification agency, it shall be processed in accordance with provisions of Paragraphs 3 to 5.
Article 17
For CNS Mark products that are granted certification marks designated and announced by the standards authority and the registration is valid, the test reports used for maintaining those certification marks and issued within three years may be used and the same test items may be waived if they are required by the relevant national standards. Other test items not waived shall be performed in accordance with the standards.
Article 18
The CNS Mark registered manufacturers shall not evade, impede, or refuse the factory inspection, testing of sampled products, or request for relevant information conducted by the product certification agency without justified reasons.
Article 19
The CNS Mark registered manufacturers that suspend manufacturing of CNS Mark products shall report the reasons and period of suspension to the product certification agency within three months, beginning on the following day, of the date of suspension.
The period of suspension mentioned in the preceding Paragraph shall not exceed one year. An extension of six months may be granted for a single time if there are justified reasons.
The CNS Mark shall not be applied to products manufactured during the suspension period.
Upon the expiry of the suspension period mentioned in the second Paragraph or early resumption of manufacturing, the CNS Mark registered manufacturers may continue affix the CNS Mark to their products after they have reported to the product certification agency about resumption of manufacturing CNS Mark products, except otherwise stated in these Regulations.
Article 20
Manufacturing of CNS Mark products shall be deemed suspended if any of the following circumstances occur:
1.The factory has no record of manufacturing CNS Mark products and quality management for the most recent year, or
2.Insufficient quantity of products can be sampled for testing twice within three months since the date of previous sampling.
Article 21
Where national standards applicable to the CNS Mark are revised or rescinded, resulted in the change of applicable national standards, and the content is significantly changed, the CNS Mark registered manufacturers shall take corrective actions within six months, beginning on the following day, upon receipt of notices from the product certification agency. An extension of six months may be granted if the corrective plan is approved.
The CNS Mark may continue to be affixed to the products that comply with national standards and are manufactured prior to the revision or rescission of national standards mentioned in the preceding Paragraph.
The CNS Mark shall not be affixed to products manufactured during the extension period as stipulated in the proviso of Paragraph 1.
The CNS Mark registered manufacturers that have completed corrective actions earlier and have reported to the product certification agency, or have completed corrective actions within the period prescribed in Paragraph 1 and manufacture their products against the revised or new national standards may continue to use the CNS Mark.
The product certification agency or recognized testing laboratory shall follow the provisions of Article 16 to perform testing of sampled products in accordance with the revised or new national standards after the CNS Mark registered manufacturers have made the report mentioned in the previous Paragraph or the period of taking corrective actions expires.
Article 22
Where changes are made to the content stated in the CNS Mark certificates, the CNS Mark registered manufacturers shall apply to the product certification agency for issuing replacement certificates by submitting the original certificates and relevant documents.
Where the changes involve the relocation of plants, the CNS Mark registered manufacturers, after having obtained factory registration document or other equivalent documents for the new plants, shall apply for replacement certificates by submitting copies of the QMS certificates or factory inspection reports of the new plants as well as compliance reports of product tests reports issued within six months.
Where application for replacement certificates is not made in accordance with the preceding two Paragraphs, the CNS Mark registered manufacturers shall take corrective actions within one month, beginning on the following day, upon receipt of notices from the product certification agency.
Article 23
The CNS Mark registered manufacturers may apply to the product certification agency for re-issuing certificates if the CNS Mark certificate is lost, damaged or destroyed,
Article 24
Where the scope of registration of a CNS Mark registered manufacturer is affected by the revocation or rescission of the recognition status or revision of recognition scope of a recognized QMS certification body or factory inspection body, the manufacturer shall apply for a change of the QMS certification body or factory inspection body by submitting a copy of the new QMS certificate or factory inspection report within three months, beginning on the following day, upon receipt of notices from the product certification agency. If the application for such changes is not made, the manufacturer shall take corrective actions within one month, beginning on the following day, upon receipt of notices from the product certification agency.
The application mentioned in the preceding Paragraph shall be approved if it complies with relevant provisions after review by the product certification agency. Non-compliant applications shall be rejected with reasons stated. The CNS Mark registered manufacturers may apply for a second review within one month, beginning on the following day, upon receipt of rejection notices.
Article 25
Where a CNS Mark registered manufacturer applies for a change of QMS certification agency or factory inspection agency, it shall submit a copy of the new QMS system certificate or factory inspection report to the product certification agency.
Where a CNS Mark registered manufacturer applies for a change of bodies that issue the test reports, it shall submit a copy of the compliance report of sampled-product tests issued by the original body to the product certification agency. The application shall not be made during the period when corrective actions are being taken as stipulated in Paragraph 3 of Article 16.
The application mentioned in the preceding two Paragraphs shall be approved if it complies with relevant provisions after review by the product certification agency. Non-compliant applications shall be rejected with reasons stated.
Article 26
Where the CNS Mark certificates are obtained through fraudulent means, the product certification agency shall revoke such certificates and request the certificates to be returned by the manufacturers.
The manufactures mentioned in the preceding Paragraph shall efface the CNS Mark affixed to the products manufactured prior to the revocation, their packaging, containers, delivery notes or product-related information within two months, starting from the following day, upon receipt of the revocation notice from the product certification agency. The same applies to those indicating the status of being certified with CNS Mark by showing the certificate serial numbers and other texts.
Manufacturers shall not make a new application for the CNS Mark for the same products subjected to the revocation within one year, starting from the following day, upon the receipt of revocation notice mentioned in Paragraph 1. The same applies to those who have not effaced the CNS Mark completely in accordance with the provisions of the preceding Paragraph.
Article 27
Under any of the following circumstances, the product certification agency shall rescind the CNS Mark certificates and request the registered manufacturers to return the certificate:
1.Where the corrective actions regarding affixing the CNS Mark have not been taken within the specified period as required by Paragraph 2 of Article 5;
2.Where payment of the CNS Mark fees are not made;
3.Where the corrective actions have not been taken within the specified period or no application of product testing is made upon expiry of the specified period as required by Paragraph 2 of Article 14, Article 15, Paragraph 3 of Article 16, Paragraph 3 of Article 22, or Paragraph 1 of Article 24;
4.Where violations of Article 15, Paragraph 5 of Article 16, Paragraph 3 of Article 19, or Paragraph 3 of Article 21 are made, regarding prohibited use of CNS Mark;
5.Where the violation of Article 18 is made, regarding the prohibition of evasion, impediment, or refusal behavior;
6.Where the report was not made in accordance with the provisions of Paragraph 1 of Article 19 regarding any of the circumstances mentioned in Article 20 occur, or product production does not resume upon expiry of the period prescribed mentioned in Paragraph 2 of Article 19 for reported cases;
7.Where the use of CNS Mark is not reported to the product certification agency according to Paragraph 4 of Article 19;
8.Where the application for the second review is not made in accordance with the provisions of Paragraph 2 of Article 24 or noncompliance still exists after the second review;
9.Where the CNS Mark registered manufacturers affix the CNS Mark to the products not covered in the registration scope and fail to take corrective actions within the specified period, or the same manufacturer makes the same violation again within five years;
10.Where the same products of CNS Mark registered manufacturers do not comply with national standards for two times within one year;
11.Where there are other violations against mandatory regulations that may endanger the life, body, health or property of consumers;
12.Where the applicable national standards for CNS Mark products are announced to be rescinded;
13.Where the product is announced to be removed from the CNS Mark Product List;
14.Where the company or business registration certificate, factory registration certificate or other equivalent qualification documents of the registered manufacturer is revoked, rescinded, or canceled by relevant authorities; or
15.Where the registered manufacturers are dissolved or close their business.
If the CNS Mark registered manufacturer applies for cancelling the CNS Mark, the product certification agency shall rescind the CNS Mark certificate and request the registered manufacturers to return the certificate. Application shall not be made if any of the circumstances specified in Subparagraphs 1 to 11 of the preceding Paragraph occur.
The CNS Mark products that comply with relevant national standards and are manufactured prior to the date of rescission specified in Subparagraphs 12 to 15 of Paragraph 1 and the preceding Paragraph may continue to use the CNS Mark.
Article 28
The CNS Mark registered manufactures shall efface the CNS Mark affixed to the products, their packaging, containers, delivery notes or product-related information within two months, starting from the following day, upon receipt of the recission notice mentioned in Subparagraphs 1 to 11 of Paragraph 1 of the preceding Article. The same applies to those indicating the status of being certified with CNS Mark by showing the certificate serial numbers and other texts.
Manufacturers shall not make a new application for the CNS Mark for the same products subjected to the rescission within six months, starting from the following day, upon the receipt of recission notice mentioned in Subparagraphs 1 to 11 of Paragraph 1 of the preceding Article.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)