Chapter 4 Penal Provisions
Article 22
Under any of the following circumstances, a subject will be fined in an amount of not less than NTD600,000 and not more than NTD60,000,000:
1. Having violated paragraph 1 of Article 5 by engaging in the accreditation activities mentioned in paragraph 3 of Article 5 without approval from the central competent authority or by continuously engaging in accreditation activities without the renewal approval from the central competent authority in accordance with paragraph 2 of Article 5.
2. Having violated the penalty imposed by the central competent authority in accordance with paragraph 1 of Article 30 on an accreditation body, which accepts accreditation applications during the period when such right is suspended.
Article 23
A subject who violates paragraph 1 of Article 7 by engaging in certification activities without being accredited by an accreditation body shall be fined in an amount not less than NTD300,000 and not more than NTD30,000,000.
Article 24
Under any of the following circumstances, a fine in an amount of not less than NTD200,000 and not more than NTD2,000,000 shall be imposed for each individual violation:
1. Having violated paragraph 1 of Article 10 by affixing the agricultural product certification mark to uncertified products.
2. Having violated the penalty imposed by the central competent authority in accordance with paragraph 2 of Article 25 or paragraph 2 of Article 29 by using the agricultural product certification mark when the right to use the mark is suspended.
If an actor mentioned in the preceding paragraph is determined by the court to be fined less than the minimum fine established in the preceding paragraph, the amount of the difference between the fine imposed by the court and that of the minimum fine established in the preceding paragraph may be imposed by the competent authority.
Article 25
Under any of the following circumstances, a fine in an amount of not less than NTD100,000 and not more than NTD1,000,000 shall be imposed for each individual violation.
1. Having violated paragraph 4 of Article 7 by failing to retain relevant data and records in accordance with the items, methods, and time periods promulgated by the central competent authority, or by evading, impeding, or refusing checks by the central competent authority, or providing false data and records.
2. Having violated paragraph 2 of Article 12 by evading, impeding, or refusing inspection or testing by the competent authorities, or providing false data and records.
3. Having violated paragraph 3 of Article 12 by failing to comply with the orders made by the competent authorities regarding prohibition from transporting products, taking corrective action, withdrawing or recalling products from the market, destroying products, or take other appropriate measures.
4. Having violated paragraph 2 of Article 20 by evading, impeding or refusing the request for information or providing false information.
5. Having violated paragraph 3 of Article 20 by failing to retain relevant data and records in accordance with the items or methods established in the regulations.
6. Having violated Article 32 by failing to comply with the dispositions imposed by the competent authority.
For violations mentioned in subparagraphs 2 and 3 of the preceding paragraph, the competent authority may suspend the right to use agricultural product certification mark for a period of 3 months or up to 1 year.
Article 26
Under any of the following circumstances, a fine in an amount of not less than NTD60,000 and not more than NTD600,000 shall be imposed for each individual violation:
1. Having violated paragraph 3 of Article 7 by a certification body, which collects a fee more than the maximum amount promulgated by the central competent authority.
2. Having violated paragraph 1 of Article 10 by using words such as certified agricultural products or any other misleading presentation for marketing, labeling, displaying or advertising uncertified agricultural products.
Article 27
Those who intend to disseminate rumors or false information concerning agricultural products, resulting in damages to the public or others, shall be subject to a fine in an amount of not less than NTD60,000 and not more than NTD300,000, and may be ordered to take corrective actions within a specified period of time. If correction is not made within the specified time limit, fines may be imposed for each time of violation.
Article 28
Those who violate paragraph 1 of Article 9 regarding mandatory and prohibitory items to be included in the contracts as promulgated by the central competent authority and fail to take corrective actions within the specified time limit ordered by the competent authorities shall be subject to a fine in an amount of not less than NTD30,000 and not more than NTD300,000. Failing to take corrective actions within the specified time limit as ordered by the competent authorities for the second time or more times shall be subject to a fine in an amount of not less than NTD50,000 and not more than NTD500,000 for each time.
Article 29
An operator shall be ordered to take corrective actions within a specified period of time under any of the following circumstances. If the operator fails to take corrective actions within the specified time limit, a fine in an amount of not less than NTD30,000 and not more than NTD300,000 may be imposed for each individual violation.
1. Violating paragraph 2 of Article 10 regarding the specifications, diagram, drawing or use of the mark.
2. Violating paragraph 1 of Article 11 by failing to label or label incompletely or falsely.
3. Violating paragraph 1 of Article 12 by failing to retain data related to production, processing, packaging, distribution, storage and marketing of certified agricultural products according to the certification criteria.
4. Violating paragraph 1 of Article 20 by labeling or advertising agricultural products in the name of or in connection with the central competent authority or any of its affiliated agencies (institutions) without authorization.
Under any of the circumstances mentioned in the preceding paragraph, the competent authority may suspend the right of the operator to use agricultural product certification mark for a period from 3 months up to 1 year.
Article 30
Under any of the following circumstances, the central competent authority may issue a warning to the accreditation bodies depending on the severity of the violation, or impose a fine in an amount of not less than NTD20,000 and not more than NTD100,000 for each individual violation, or suspend the accreditation bodies from accepting new accreditation applications for a period time from 2 months up to 2 years.
1. Violating paragraph 1 of Article 6 by evading, impeding, or refusing the supervision by the central competent authority, or providing false data and records.
2. Violating subparagraph 1 of paragraph 1 of Article 6 by failing to submit the adopted, revised or rescinded accreditation standards to the central competent authority for approval.
3. Violating subparagraph 2 of paragraph 1 of Article 6, by failing to review accreditation applications and assess the certification bodies based on the accreditation standards approved by the central competent authority.
4. Violating subparagraph 3 of paragraph 1 of Article 6 by failing to retain records of accreditation activities for at least five years, making false records, or failing to submit records to the central competent authority every year.
5. Violating subparagraph 4 of paragraph 1 of Article 6 by failing to assist or cooperate with the central competent authority on auditing the accredited certification bodies.
6. Violating subparagraph 5 of paragraph 1 of Article 6 by failing to coordinate with other certification bodies to take over the certification services of an accredited certification body which is unable to provide certification.
7. Violating paragraph 2 of Article 6 regarding the elements of accreditation standards, the items related to the accreditation activities to be recorded, and submission of documents established in the relevant regulations.
If an accreditation body has been suspended from accepting new applications by the central competent authority in accordance with the preceding paragraph twice within 3 years, the central competent authority shall rescind its approval upon another violation of the preceding paragraph by the accreditation body. The central competent authority may also prohibit it from applying for approval in accordance with paragraph 1 of Article 5 for a period from 2 years up to 5 years.
For the accreditation body of which the approval is rescinded in accordance with the preceding paragraph, the central competent authority shall assume the contracts signed by the accreditation body with certification bodies; those certification bodies shall enter into accreditation contracts with other accreditation bodies within the period promulgated by the central competent authority, and the accreditation contracts with the central competent authority shall thereby be terminated at the same time.
Article 31
An operator shall be ordered to take corrective actions in a specific period of time if this operator does not register or label traceability information in a way established by the central competent authority, or does not register such information correctly or completely in accordance with Article 16; if such operator fails to take corrective actions within the specified time limit, a fine in an amount of not less than NTD6,000 and not more than NTD30,000 shall be imposed for each individual violation.
Article 32
In the case of advertisements or labeling of agricultural products mentioned in paragraph 1 of Article 24, subparagraph 2 of Article 26, subparagraphs 1, 2 or 4 of paragraph 1of Article 29 or under any of the circumstances stated in the preceding Article, the competent authorities may adopt the following measures in addition to penalties imposed in accordance with the provisions of this Act:
1. Ordering the person that makes the labeling or published the advertisements to correct, withdraw labels or advertisements within a specified period of time.
2. Ordering the contractor of the advertisements to publish or broadcast corrective advertisements of the same length or timeslots in the media where the original advertisements were published or broadcasted within a specified period of time. The content of the corrective advertisements shall communicate the message of an apology and correction of false information.
3. Ordering those who operate platforms or disseminate advertisements under contracts to stop broadcasting or withdraw materials of the original advertisements.
Article 33
For anyone that falls under any of the circumstances stated in Article 22 to Article 31, the competent authority may publish the name and address, names of the certificated agricultural products and information about violation of the person. In the case of a legal entity or any group with a manager or representative, the competent authority may publish the name of such entity or group, office or place of business, and the name of the manager or representative thereof.
Article 34
The penalties established in this Act shall be imposed by the municipal/county/city governments. However, the penalties imposed on an accreditation body and a certification body shall be imposed by the central competent authority.
When an operator violates this Act in producing, processing, packaging or distributing agricultural products based on the instructions of a client, the client shall be the subject of penalties.