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Chapter Law Content

Title: Feed control act CH
Category: Ministry of Agriculture(農業部)
Chapter IV. MONITORING AND INSPECTION
Article 20
Unless for manufacturing or processing feed/feed additives specifically for testing purposes as described in Article 10, paragraph 3, subsection 2, feed/feed additives to which any of the following situations apply shall not be used for manufacturing, processing, packaging, sales, exporting, importing, self-use, or use by others:
1.Hazardous substance content exceeds the standard, indirectly endangers human health, or contains substances otherwise prohibited for use in feed/feed additives in law or as announced by the central competent authority;
2.Requires a license in accordance with Article 10, paragraph 1 Article 11, paragraph 1, or Article 11-1, paragraphs 1 or 2, but has not obtained such a license.
3.Switched or adulterated with products legitimately manufactured, processed, packaged, or imported by others.
4.Contains expired, spoiled, or decomposed non-feed or non-additive substances, or substances likely to impact the health of livestock, poultry or aquatic animals.
5.Feed additives used do not comply with Article 3-1, paragraph 3.
6.Components do not comply with the allowed components listed in the license. However, with self-manufactured, own-use feed made by a self-manufactured, own-use user, this restriction shall not apply.
7.Labeling does not comply that specified in Article 14, or is unclear or incomplete. However, with self-manufactured, own-use feed made by a self-manufactured, own-use user, this restriction shall not apply.
Article 21
No feed manufacturer or vendor shall place any false promotional advertisement containing facts other than those contained in the license registration regarding the feeds/feed additives manufactured or offered for sale.
Article 22
The competent authority may, in concert with related competent authorities, inspect manufacturers’ and vendors’ feeds/feed additives, as well as their equipment, storage facilities, and relevant information, and may take samples for inspection. When necessary, said authorities may also take for inspection and analysis purposes samples of feeds/feed additives at any end-user thereof.
Quantities of samples taken for the inspection and analysis referred to in the preceding paragraph shall limited to that which is sufficient to serve the inspection and analysis purposes.
When performing their duties, inspectors shall display their identification documents.
Regarding inspection and samples mentioned in paragraph 1, no feed manufacturer, vendor, or feed/feed additive end-user shall refuse inspection/sampling.
Article 22-1
When a person blows the whistle on and leads to the discovery of feed/feed additives that violate this Act, the competent authority may offer a reward to such person, and shall keep said person’s identity strictly confidential.
The award rules mentioned in the previous paragraph shall be prescribed by the central competent authority.
Article 22-2
Importing of feed/feed additives announced by the central competent authority shall only be released from customs after they have passed inspection by the central competent authority.
Regarding feed/feed additives that fail inspection described the previous paragraph, the central competent authority may demand that part or all of the feed/feed additives be returned, destroyed, or confiscated. Returned goods shall not be included in future applications for importing.
Regarding the feed/feed additives described in the previous two paragraphs, the central competent authority shall prescribe the customs declaration, inspection protocols (procedures, check items, methods, and quantities), return/destruction of goods, documents to be presented, and other matters for compliance.
The central competent authority may delegate the inspection protocols in paragraph 1 to its own subordinate agencies/organizations, or commission other agencies/organizations/groups to do such inspection.
Article 23
Where taking samples of any feed or feed additive is required to determine whether any of the situations under Article 20, paragraph 1, any subsection exists as alleged, the feed/feed additive shall be sealed and then held in trust by the specific manufacturer, vendor, or end-user issue in accordance with an undertaking issued by the latter.
Samples taken in accordance with the preceding paragraph shall be delivered for analysis and appraisal as soon as possible. The period for the competent authority to take official action with respect to such feeds/feed additives shall not exceed 15 days from the date the analysis and assessment are completed.
Article 24
For feed/feed additives to which the following circumstances apply, the competent agency shall deal with them in the following manner:
1.For non-compliance with Article 5, paragraph 2, or any of the circumstances in Article 20, paragraph 1, subsections 1 to 6: Order that the product in question be returned, recycled, re-processed, destroyed, discarded, scrapped, or confiscated before a designated deadline.
2.For non-compliance with Article 20, paragraph 7: Order that corrective action be taken before a deadline.
Article 25
Any feed/feed additive violation discovered to be in violation of Article 5, paragraph 2, or Article 20, paragraph 1, any subsection, shall in addition to being handled in accordance with this Act, be subject to the following penalties:
1.or a party violating Article 5, paragraph 2, or manufacturing, processing, packaging, or importing feed/feed additives to which Article 20, paragraph 1, subsections 1 to 5 apply, such party’s related licenses shall be revoked.
2.For a party manufacturing, processing, packaging, or importing feed/feed additives to which Article 20, paragraph 1, subsections 6 or 7 apply, where punishment has been rendered two or more times and the circumstances are severe, such party’s related licenses shall be revoked.
3.For a party selling, exporting, intending to sell, and displaying or storing feed/feed additives to which Article 20, paragraph 1, any subsection applies, where punishment has been rendered two or more times or a guilty verdict has been affirmed, such party’s related licenses shall be revoked.
4.The competent authority may disclose such an offending party’s name, company or commercial name, sales venue, full name of the person in charge, names of the defective products, and details of the offense.
With feed/feed additives for which licenses have been revoked in accordance with the previous paragraph, any subsection, no further application may be made for a Manufacturing license, Import license, or sales license.