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Chapter Law Content

Title: The Weights and Measures Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter IV Type Approval of Measuring Instruments
Article 25
For legal measuring instruments that are designated by the competent authority to be subject to type approval, a weights and measures organization shall, prior to manufacture or importation of such legal measuring instruments, file an application for type approval with the dedicated weights and measures authority. Verification is performed only after the type approval is granted.
Regulations governing the categories and scope of measuring instruments; the criteria and procedures for filing a type approval application; the term of validity, and the issue (replacement)/revocation/rescission of the type approval certificate; and other relevant administrative matters shall be prescribed by the competent authority.
The external appearance, structure, performance and relevant technical specifications of the measuring instruments requiring type approval as mentioned in the preceding Paragraph shall be published per public notice by the dedicated weights and measures authority.
Article 26
The dedicated weights and measures authority may approve and designate laboratories to conduct tests of the measuring instruments requiring type approval.
Regulations governing the qualification requirements; assessment procedures; the term of validity and the issue (replacement)/revocation/rescission of the type approval certificate; and other relevant administrative matters shall be prescribed by the competent authority.
Article 27
Legal measuring instrument that have passed type approval shall be issued with a type approval certificate, and made known to the public per a public notice.
At least six months prior to the expiration of the type approval certificate, the original applicant or its successor may apply to the dedicated weights and measures authority for a re-examination and issuance of a renewed type approval certificate.
Article 28
During the term of validity of a type approval certificate issued to a legal measuring instrument, in the event that any of the technical specifications of the accuracy or stability of the said measuring instrument as specified under Paragraph Three, Article 25 of this Act is modified or changed, the dedicated weights and measures authority shall inform the original applicant or its successor of such changes and require the original applicant or its successor to make appropriate correction within a given time limit.
Article 29
If any alteration has been made to a legal measuring instrument that has been granted type approval, an application for approval of such alteration or an application made for series of the same type or a new application shall be filed with the dedicated weights and measures authority.
Article 30
After a type approval is granted to a legal measuring instrument, the successor of the original applicant may continue the manufacture or importation of the said legal measuring instrument in accordance with the originally approved type.
The successor referred to in the preceding Paragraph shall, within one month from the date of his succession, apply to the dedicated weights and measures authority for issuance of a new type approval certificate.
Article 31
Where a legal measuring instrument, which has been granted type approval, is under any of the following circumstances, the dedicated weights and measures authority shall require, per a notice, the relevant weights and measures organization to discontinue the manufacture and sale of the said legal measuring instrument and to recall the products at issue from the market within a given time limit. The dedicated weights and measures authority may stop accepting any further verification application from the said organization, seal up, confiscate or destroy the measuring instruments so recalled, or may take other necessary measures.
1. Where the type approval of measuring instrument was acquired through fraudulent means; or
2. Where the measuring instrument was not manufactured in accordance with the approved type and involved in a violation of the function of fair trade practices.
Under the circumstance set forth in subparagraph 1 of the preceding Paragraph, the dedicated weights and measures authority shall revoke such type approval and require the type approval certificate to be returned within a given time limit; and shall make known to the public per public notice, of the cancellation of such type approval in the event that the certificate is not returned beyond the deadline date.
Under any of the circumstances set forth in Paragraph One of this Article, the dedicated weights and measures authority may also order the distributors of the measuring instrument at issue to stop displaying or selling the said measuring instrument.
The distributors and the users of the measuring instrument referred to in Paragraph One of this Article shall cooperate with the recalling action initiated by the weights and measures organization, without evading, impeding or refusing such recalling action.
Article 32
Where a legal measuring instrument which has been granted type approval is under any of the following circumstances, the dedicated weights and measures authority shall notify the organization in question to stop manufacturing and selling the measuring instrument at issue, and shall stop accepting any further verification application from the organization:
1. Where the measuring instrument at issue is not manufactured in accordance with the approved type, but is not involved in a violation of the function of fair trade practices; or
2. Where a cause of defect, which was not considered as a defect in the course of type approval process, is discovered, and that cause could affect the result of the type approval process.
No verification application may be filed for the legal measuring instrument referred to in Paragraph One of this Article, unless corrective action has been taken.
Article 33
Where a legal measuring instrument, which has been granted type approval, is under any of the following circumstances, the dedicated weights and measures authority may rescind the said type approval, and notify the original applicant or his successor to return the type approval certificate within a given time limit. The dedicated weights and measures shall make known to the public per public notice of the cancellation of such type approval in the event that the certificate is not returned beyond the given deadline date.
1. Where the circumstances set forth in subparagraph 2, Paragraph One, Article 31 exist;
2. Where the provision set out in Paragraph Two of the preceding Article is not complied with by the organization involved;
3. Where the weights and measures organization involved has closed downed its business during the term of validity of the type approval;
4. Where no correction has been made in accordance with the provision set out in Article 28 of this Act; or
5. Where the successor failed to apply for issuance of a new type approval certificate, and has further failed to do so after having been notified by the dedicated weights and measures authority.