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Chapter 4 Sales and Use
Article 26
An agro-pesticide dealer shall designate full-time managers before proceeding to do the business and shall apply to the local special municipality or county (city) competent authority for issuing an agro-pesticide dealer's license.
The license mentioned in the preceding Paragraph shall be valid for five years. An application for extension of said validity shall be filed with local special municipality or county (city) competent authority before one month of the expiration; provided each extension shall not exceed five years. Failure to make an application for authorization within the time limit or the application is rejected shall apply for issuing a new license.
The relevant self-government regulations governing the application, issuance, re-issuance, exchange, extension, abolishment, and alteration under the preceding 2 paragraphs shall be prescribed by the corresponding special municipal or county (city) competent authority.
The regulations governing the training and qualification requirements of the managers under Paragraph 1, as well as the acquisition, annulment, and restrictions of re-application of their certificates, and other relevant matters shall be prescribed by the central competent authority.
Those who have obtained an agro-pesticide sales license before the implementation of the amended provisions of this Act on
December 9, 2014, shall, within two years from the date of implementation of this amended Act, comply with the provisions stipulated in Paragraph 2.
Article 27
An agro-pesticide dealer's license shall specify the following information:
1. Name of the agro-pesticide dealer;
2. Address of the business place;
3. Name of the responsible person;
4. Category of the business; and
5. Other matters promulgated by the competent authority.
Article 28
Technical grade agro-pesticides shall be sold only to agro-pesticide manufacturers.
Article 29
An agro-pesticide dealer shall comply with the following provisions:
1. Hang the agro-pesticide dealer's license visibly in the business place;
2. Do not sell formulated agro-pesticides outside the business premise;
3. Do not sell formulated agro-pesticides with the original package unsealed;
4. Do not sell agro-pesticides without labelling or markings affixed or printed.
5. Display or store agro-pesticides separately from others if the dealer also sells other goods.
6. Prepare books of account or adopt other manner promulgated by the central competent authority to record the name, address, age, and contact of the purchaser as well as the name and quantity of agro-pesticides purchased, and keep such records for three years.
7. Do not sell to children and juveniles under 18 years old.
8. Ask the purchaser's purpose for buying such an agro-pesticide; do not sell if the use or its application scope is other than approved and registered.
9. Provide certificate of sale recording the item, quantity, application scope, purchaser, and the agro-pesticides seller to the purchaser.
10. Recycle and manage agro-pesticide waste containers in compliance with relevant environmental protection regulations.
Article 30
An agro-pesticide dealer shall, upon closedown of the business or alteration of registered affairs, file a report to the local special municipal or county (city) competent authority for reference within thirty days after closedown or alteration.
For an agro-pesticide dealer who ceases operation for more than one year or closes down, the agro-pesticide dealer's license shall be revoked. However, if the closure is justified and approved by the competent authority, this provision does not apply.
Article 31
The names of highly toxic formulated agro-pesticides and the qualifications for buyer shall be promulgated by the central competent authority.
The competent authority may appoint an agro-pesticide dealer registered according to Paragraph 1 of Article 26 to engage in the business as a wholesaler or retailer of highly toxic formulated agro-pesticides.
Article 32
A dealer of highly toxic formulated agro-pesticides shall comply with the following provisions:
1. Do not sell any purchaser who fails to meet the qualifications promulgated under Paragraph 1 of the preceding Article.
2. Store such agro-pesticides safely in designated cabinets with locks.
Article 33
The users of agro-pesticides shall use the agro-pesticides approved by the central competent authority.
Before appealing on the market, if the crop or its product's agro-pesticide residue exceed the Maximum Residue Limits (MRLs) promulgated by the health competent authority, the crop or its product shall appeal on the market when it has been re-examined or re-inspected to ensure compliance.
For the safety of human health, environmental protection, and ecological conservation, the central competent authority shall prescribe regulations governing the use of agro-pesticides, selective inspection methods of agro-pesticide residues in agricultural products, and other relevant matters.
Article 34
The agro-pesticide spraying service providers shall register with the local special municipal or county (city) competent authority.
The service provider mentioned in the preceding Paragraph shall designate technicians qualified in the training on the use of agro-pesticides and to provide agro-pesticides spraying service for others; the regulations governing the training shall be prescribed by the central competent authority.