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Chapter Law Content

Title: The Commodity Inspection Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter IV Registration of Product Certification
Article 35
Commodities subject to registration of product certification shall meet the requirements set forth in the conformity assessment procedures prescribed under Article 37 of this Act.
The conformity assessment procedures shall include the requirements in the design and manufacturing stages of commodities.
The conformity assessment modules or the combination of such modules applicable to various categories of commodities shall be made known to the public by the BMSI per public notice.
Article 36
In applying for registration of product certification, the applicant shall submit an application form to the BSMI and annex thereto relevant information and technical documents as required in the conformity assessment procedures.
Where the relevant information and technical documents as required in the preceding Paragraph are written in a language other than Chinese, the BSMI may require the applicant to provide a Chinese translated version thereof.
Article 37
Regulations governing the qualification requirements and the procedure for filing an application for registration of product certification, the conformity assessment modules, the issuance of the product registration certificate (new or replacement) under Article 39 of this Act, and other relevant administrative matters shall be prescribed by the competent authority.
Article 38
The registration of product certification shall be effected for commodities to be classified by the type or model. Commodities with the same basic designs may be classified as commodities under series of the same type.
Article 39
Where an application for registration of product certification has passed the examination, the registration request shall be approved, and the product registration certificate shall be issued accordingly.
The term of validity of a product registration certificate may vary depending on the categories of commodities, and shall be determined and made known to the public by BSMI per public notice.
In the process of examining an application filed under Paragraph One of this Article, the BSMI may, when necessary, require the production premises of the commodity at issue to provide samples for use in performing necessary tests or witness testing on specific features of said commodity.
Article 40
Where a commodity is granted registration, it shall be used in accordance with the scope, type or function specified in the product registration certificate. The certificate shall not be used for commodities that are beyond the scope of the certificate. If any alteration has been made to a commodity that has been granted a product registration certificate, a new application, or an application made for series of the same type, or an application for approval of such alteration shall be filed by the applicant concerned.
Where the inspection standards of commodities that have been granted registration of product certification are revised, for purposes of safety, health, environmental protection, efficiency of resource utilization or other public interests, the BSMI may notify the certificate holder to apply for replacing the certificate to conform to the revised standards within a given time limit.
Article 41
Where the registration was acquired through fraudulent means, such registration shall be revoked and the registration certificate is required to be returned within a given time limit.
Article 42
Under any of the following circumstances, the registration of product certification made shall be rescinded:
1. Where the commodities purchased or sampled are inspected to be not in conformity with the inspection standards;
2. Where the commodity was not marked in the manner as required in Articles 11 and 12 of this Act, and the required correction has not been made within a given time limit after receipt of notice;
3. Where the company of the registered product, without good cause shown, has refused or failed to provide, within a given time limit, the registration certificate, technical documents or samples as required;
4. Where the defect in the registered product has caused severe injury to any person or endangered public safety;
5. Where the product registration certificate was not used in compliance with Paragraph One of Articles 40 of this Act, and the required correction has not been made within a given time limit after receipt of notice;
6. Where the registered production premises failed to meet the conformity assessment procedures at manufacturing stage;
7. Where the procedural (annual) fees due were not paid, and have further been not paid within the given time limit;
8. Where the announcement of a commodity subject to registration of product certification has been rescinded by a public notice; or
9. Where the registration certificate was not replaced to be in conformity with the revised inspection standards within a given time limit in accordance with Paragraph Two of Article 42.