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Chapter Law Content

Title: Act Governing Food Safety and Sanitation CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter IV Food Sanitation Control
Article 15
Foods or food additives with any one of the following circumstances shall not be manufactured, processed, prepared, packaged, transported, stored, sold, imported, exported, presented as a gift or publicly displayed:
1. those that have deteriorated or rotten;
2. those that are unripe and thus harmful to human health;
3. those that are toxic or contain substances or foreign materials that are harmful to human health;
4. those that are contaminated by pathogenic organisms, or have been established by epidemiological survey to be cause of food poisoning;
5. those with pesticide or veterinary drugs residue exceeding the permissible tolerance;
6. those that have been contaminated by and contain nuclear fallout or radioactivity exceeding the permissible tolerance;
7. those that have been adulterated or counterfeited;
8. those that have passed their expiry date;
9. those that have never been provided for human consumption and proven to be harmless to human health;or
10. those that contain food additives that are not approved by the central competent authority.
The standards governing the permissible tolerance of pesticide or veterinary drugs residue, and the nuclear fallout or radioactivity mentioned in Subparagraphs 5 and 6 of the preceding paragraph shall be prescribed by the central competent authority through consultation with the relevant authorities.
Substance that is harmful to human health mentioned in Subparagraph 3 of Paragraph 1 includes skulls, brains, eyes, spinal marrow, ground beef, viscera and other related products from non-epidemic areas and countries still having Bovine Spongiform Encephalopathy or New Variant of Creutzfeldt-Jakob Disease cases in past ten years.
Beta-agonists shall not to be detected via tests in domestic and foreign meat products and other meat-related products, with the exception that the central competent authority may set a permissible tolerance of Beta-agonists after assessing risks in accordance to the citizens’ diet habits.
In the event of food poisoning caused by consumption of meat products containing Beta-agonists of a permissible tolerance, the importation of meat products containing Beta-agonists shall be suspended immediately. If said domestic food poisoning case is confirmed, the government shall take responsibility to health care for such victims and assist them in seeking compensation from the attributable entities.
Article 15-1
The central competent authority may restrict the methods or conditions of manufacture, processing and preparation, edible parts, usage quantity, product form or other matters of the raw materials provided for food use.
The central competent authority shall prescribe in a public announcement on the items and restrictions for the raw materials that shall be restricted in the preceding paragraph.
Article 16
Food utensils, food containers or packaging, food cleansers under any of the following circumstances shall not be manufactured, sold, imported, exported or used:
1. those that are toxic;
2. those that tend to cause unfavorable chemical reactions;
3. those that are otherwise harmful to health; or
4. those that may be harmful to health through the risk assessment results.
Article 17
Foods, food cleansers, food utensils, food containers or packaging being sold shall conform to sanitation, safety and quality standards which are prescribed by the central competent authority.
Article 18
The product names, specification, use and limitation of food additives shall conform to the standards prescribed by the central competent authority.
The standards mentioned in the preceding paragraph shall be restricted to the minimum required for anticipated effect and shall be based on risk assessment of the citizen’s diet habits while conforming to the provisions of specification standards.
Article 18-1
The processing aids which are used in the processing of food or its raw materials by food businesses shall conform to safety, sanitation and quality standards which are prescribed by the central competent authority.
The use of processing aids shall not include any circumstances that may be harmful to human health.
Article 19
Before the standards stipulated by Paragraph 2 of Article 15 and the preceding two Articles have been promulgated, the central competent authority may prescribe a provisional standard for responding to unexpected emergency and where sufficient experimental data cannot be obtained.
Article 20
Hygienic examination of the slaughtering and cutting of livestock and poultry at the slaughterhouses shall be conducted by the competent agricultural authority in accordance with relevant laws and regulations.
Hygienic examination of the carcasses, viscera and meat cuts in transport shall be made by the competent health authority after delivery to the food businesses.
The sanitation of the manufacture, processing, preparation, packaging, transportation, storage, sale, import or export of carcasses, viscera and meat cuts which are in the possession of food businesses shall be subject to the governance of the competent authority at all levels in accordance with this Act.
The direction of the hygienic examination of Paragraph 2 shall be prescribed by the central competent authority in conjunction with the central competent agricultural authority.
Article 21
None of the foods, food additives, food cleansers, food utensils, food containers or packaging and food cleansers which are designated by the central competent authority in a public announcement shall be manufactured, processed, prepared, repacked, imported or exported without filing product registration with and procuring a permit document from the central competent authority. Any change in the registered matters shall be subject to the prior approval of the central competent authority.
None of the genetically modified food raw materials shall be used as the food raw materials without being reviewed by the central competent authority in the health risk assessment, filing product registration with and procuring a permit document.
Importers of genetically modified food raw materials, that have filed product registration with and procured a permit document from the central competent authority, shall establish a traceability system for tracing the source and tracking the flow of the genetically modified food raw materials in accordance to Paragraph 5 of Article 9.
The permits mentioned in the preceding paragraphs 1 and 2 shall be valid for a term of one year to five years subject to the decisions by the central competent authority. Application for extension shall be filed within three months prior to the expiration of the term with the central competent authority if continued manufacture, processing, preparation, repacking, importation or exportation is desired after the expiration. The term of each extension shall not exceed five years.
The regulations governing the revocation of the permits mentioned in Paragraphs 1 and 2, and issuance, replacement, re-issuance, extension, transfer, de-registration, and change in the registered matters of the permit document, etc. shall be prescribed by the central competent authority.
The product registration under Paragraphs 1 and 2 may be commissioned to another institution in accordance with regulations which are prescribed by the central competent authority.
For the unregistered genetically modified food raw materials mentioned in Paragraph 2 prior to the amendment of this Act on 28th January 2014, shall complete review and registration within two years after promulgation of this Act.