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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 19:40
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Chapter Law Content

CHAPTER V: Administration of Labeling, Advertising, and Promotion of Tobacco and Alcohol Products
Article 31
In the sale of packaged tobacco products, the producer or importer shall indicate the following on the tobacco containers that is in direct contact with the tobacco:
1. The name of the brand.
2. The name and address of the producer: for an imported tobacco product, the name and address of the importer shall be included; for tobacco products produced by a contractor, the name and address of the contracting party shall also be included; for tobacco products repackaged for sale in accordance with the provisions set out in Article 29, Paragraph 1, the name and address of the repackaging producer shall also be included.
3. The weight or quantity.
4. The major raw materials.
5. The nicotine and tar content.
6. A health warning text.
7. The date of expiry or date of production. When the date of production is labeled, the storage life of the products shall also be indicated.
8. Other labeling required by the central competent authority.
The labels on the containers and external packages of tobacco products may not contain false or misleading statements.
The relevant labeling rules and penal provisions of the Tobacco Hazards Prevention Act will govern with regard to the labeling requirements of the preceding two paragraphs.
The labeling requirements of Paragraph 1, Subparagraph 8 of this Article shall come into force 18 months after the date of their public announcement by the central competent authority.
Article 32
In the sale of packaged alcohol products, the producer or importer shall indicate the following on the alcohol containers that is in direct contact with the alcohol:
1. The name of the brand.
2. The type of product.
3. The alcohol content.
4. The country of origin of the imported product's.
5. The name and address of the producer; for an import, the name and address of the importer shall also be indicated; for alcohol products produced by a contractor, the name and address of the contracting party shall also be indicated; the name and address of the repackaging producer as prescribed in Article 29, Paragraph 1 of this Act shall also be indicated.
6. The batch number.
7. The volume.
8. For alcohol products having an alcohol content of 7% or less, or which are packed in plastic or paper containers, the expiration date or bottling date shall be indicated. If the date of bottling is indicated, the date of expiration shall also be indicated.
9. "Excessive drinking endangers health" or other health warnings.
10. Other labeling required by the central competent authority.
Aside from the indications for the labeling given in the preceding paragraph, alcohol may not be labeled with medical or health care terms, or with text or images that explicitly or implicitly indicate similar effects. Imported alcohol may not separately indicate any matter not indicated on the original labeling.
An alcohol producer that uses an alcohol product of another producer as raw material for processing is not permitted to indicate the country of origin or the flavor of the original alcohol product or use any related terms.
If the space on the surface of an alcohol container is too small to accommodate the indications required by Paragraph 1 above, a labeling tag may be used for the purpose of labeling.
No false or misleading statements may be made in the labeling on the container or the external packaging or brochures of alcohol products. No translated text or terms such as "kind," "type," "style," "imitation," or any similar indications or supplemental explanations may be used to indicate production in another place of origin. The same shall be true when the product is already correctly labeled with the actual place of origin.
The regulations governing the method and content of labeling and other compliance matters of alcohol will be prescribed by the central competent authority.
The labeling requirements of Paragraph 1, Subparagraph 10 of this Article shall come into force 18 months after the date of their public announcement by the central competent authority.
Article 33
Matters to be indicated on tobacco or alcohol products pursuant to Article 31, Paragraph 1 and Article 32, Paragraph 1 shall be in Chinese, except under any of the following circumstances:
1. The products are for export.
2. The item indicated is the brand name of an imported tobacco or alcohol product and the name and address of its foreign producer.
3. The item indicated is the name and address of the foreign business contracted for production which is to be indicated pursuant to Article 31, Paragraph 1, Subparagraph 2; or Article 32, Paragraph 1, Subparagraph 5.
Chinese labeling shall be added when tobacco or alcohol products for export are sold domestically or when imported tobacco or alcohol products are sold domestically.
Article 34
No labeling, advertising, or promotion as a tobacco or alcohol product, or which will mislead people to believe a product is a tobacco or alcohol product, may be used when the product is not a tobacco or alcohol product as defined in this Act.
Article 35
An alcohol seller shall conspicuously display the following warning text and images at the entrance and exit of its retail venue or other appropriate locations:
1. "Don’t Drink and Drive."
2. "Sale of alcohol to anyone under 18 is prohibited."
3. "This establishment does not sell alcohol to anyone under 18."
Article 36
Restrictions on the advertising and promotion of tobacco shall comply with the Tobacco Hazards Prevention Act.
Article 37
Alcohol advertisements and promotions shall be conspicuously labeled with the warnings " Driving After Drinking is Prohibited," and further with second warning such as "Excessive Drinking Endangers Health," or other warnings, and shall not involve any of the following:
1. Violation of public order and good morals.
2. Encouraging or advocating consumption of alcohol.
3. Targeting of children or youths, or harming the mental and physical wellbeing of children, youths, or pregnant women.
4. Content that is deceptive, exaggerated, fabricated, or easily misinterpreted.
5. Labeling, advertising, or promotions that implicitly or explicitly indicate medical or health effects.
6. Other matters whose prohibition is publicly announced by the central competent authority.
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