CHAPTER III LABEL USE AND MARKET MANAGEMENT
Article 16
Approval and DoC labels shall belong to the Applicant that obtains the certificate.
Those who obtain type approval or DoC certificate may authorize a third party to use the approval or DoC label of CTRFD or radio-frequency modules (parts) of the same brand and model.
Regarding the authorization described in the preceding paragraph, the label holder shall submit a registration as designated by the Commission. Where the label possession belongs to the foreign manufacturer, the manufacturer may commission the original certification body to register.
Article 17
Those who obtain the approval certificate for the final product assembled of approved radio-frequency modules (parts) shall, before the import, sale or public display of final product, submit the electronic files of final product’s appearance photos marked with the brand name and model number to the original certification body for registration.
Those who obtain the approval certificate with radio-frequency modules (parts) and authorize a third party to use the said label shall, after the radio-frequency modules (parts) are assembled into the final product, submit the electronic files of photos marked with the final product’s brand name, model number and appearance to the original certification body for registration.
The Commission may request those who obtain the approval certificate with radio-frequency modules (parts) and fail to follow the preceding two paragraphs to undertake corrective action within a prescribed period and suspend the public display or sale of the product. The public display or sale shall only be permitted after the said corrective action has been undertaken.
Article 18
Those who obtain the CTRFD certificate or those who are authorized to use the approval or DoC label shall complete the following procedures before the public display or sale of the said commodities:
1. Refer to the label format printed on the certificate to produce approval or DoC labels, and affix or emboss the label in an obvious place of the body of CTRFD. It is also necessary to affix the Commission’s mark on the package. Where it is impractical to affix or emboss the label in an obvious place of the body of CTRFD, it is possible not to do so upon receipt of the Commission’s approval.
2. CTRFD related warning messages shall be marked in Chinese and in a position designated by the Commission or relevant technical specifications.
3. Those who use the label(s) of original certificate according to Paragraph 7 of Article 13 shall provide sufficient and correct information in the user manual and package.
The labels that shall be affixed or embossed on the body of CTRFD as described in Subparagraph 1 may appear in electronic labeling.
The Commission may request those who fail to comply with requirements as described in the preceding two paragraphs to state the reasons, undertake corrective action within a prescribed period, and suspend the public display or sale of commodity. The public display or sale shall only be permitted after the said corrections are made.
Those who obtain the CTRFD certificate shall affix the approval label in a noticeable area of the body of CTRFD before the use.
Article 19
Those who sell approved CTRFD on the internet shall mark or provide compliance approval or DoC label or picture on its website.
The Commission may request those who fail to mark or provide the information as described in the preceding paragraph to undertake corrective action within a prescribed period and suspend the public display or sale of commodity. The public display or sale shall only be permitted after the said corrective action has been undertaken.
Article 20
Those who have lost or damaged the approval certificate may apply to the original Certification Body for reissuing or renewing the certificate.
Where there is any change to the certificate content and the change complies with one of the following circumstances, the certificate holder may submit the reissue or renewal request to the original certification body:
1. Change of or additional manufacturer.
2. Change of the Applicant’s name or address.
3. The Applicant reports corporate merger or division to the central competent authority, and the central competent authority agrees that the surviving or newly incorporated company is eligible to use the original approval certificate.
Those who apply for reissue or renewal according to the preceding paragraph shall submit the following documents:
1. For Subparagraph 1 of the preceding Paragraph: renewal (reissue) application, device production outsourcing documents, and DoC that complies with technical specifications.
2. For Subparagraph 2 of the preceding Paragraph: renewal (reissue) application plus identifications if the Applicant is a natural person of the country (two forms of identification); or company registration certificate if the applicant is an incorporate or non-incorporate organization.
3. For Subparagraph 3 of the preceding Paragraph: renewal (reissue) application, company or business registration certificate, and written consent from the competent authority.
Article 21
The certification body may sample approved CTRFD or radio-frequency modules (parts) at any time.
The certification body shall purchase the sample device as described in the preceding paragraph from the market and provide the certificate holder with the receipt for payment. The certificate holder must arrange the payment accordingly without any rejection. Where the certification body is unable to purchase the sample from the market, the certification body may request the certificate holder to provide free sample devices within a prescribed period.
Those who apply for compliance approval shall provide the certification body with specific testing software, specific fixture, examination report, test report or compliance approval relevant document that are required for carrying out the device inspection as described in Paragraph 1. Applicants who receive the compliance approval certificate shall assist to provide or provide the said device and documents without charge.
The certificate holder may retrieve specific software and fixtures required for testing CTRFD and radio-frequency modules (parts) as described in the preceding two paragraphs preceding the test.
Those who report that the approved CTRFD or radio-frequency modules (parts) do not comply with Article 4 shall submit an examination report. Otherwise, the report shall not be accepted.
Article 22
The original certification body may revoke the approval certificate if the certificate holder submits a fraudulent or false device or data.
The original certification body may rescind the approval certificate of the certificate holder in any of the following circumstances:
1. Failure to re-apply for compliance approval for changes to the device.
2. Failure to re-apply for approval after the amendments to technical specifications.
3. Failure to register the brand name, model number and appearance photos of final product, and no correction was made within a prescribed period.
4. Failure to affix approval or DoC label as regulated, and no corrective action was undertaken within a prescribed period.
5. Failure to affix or emboss Chinese warning message in designated location, and no correction was made within a prescribed period.
6. Regarding the use of original approval label, no sufficient and correct information was provided in the user manual or on the package, and no corrective action was undertaken within a prescribed period.
7. The sample device does not comply with the original sample or Article 4.
8. Forbidden to sell approved CTRFD due to agency or patent lawsuit or violation of other regulations.
9. Failure to remit payment to the certification body for device-purchase expense; or failure to provide or assist to provide the certification body with the device, specific test software, specific fixture, examination report, test report or compliance approval related data for inspection.
Article 23
Those whose certificate has been revoked or rescinded shall not be permitted to re-apply for compliance approval with CTRFD or radio-frequency modules (parts) of the same brand or model within three months after the date of revocation or rescission. The Commission may also announce the aforementioned revocation or rescission publically.
Those whose certificate has been revoked or rescinded shall recycle the sold devices. The original certificate holder shall be liable for compensation in case of loses of a third party when recycling.