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

Print Time:2024/11/22 05:11
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Chapter Law Content

Title: The Commodity Inspection Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter V Declaration of Conformity
Article 43
The obligatory inspection applicant shall prepare relevant technical documents to assure that the commodity conforms to the inspection standards, and shall, based on such technical documents, execute and issue a declaration of conformity.
The requirements to be met by and essential elements to be contained in the technical documents and the declaration of conformity shall be made known to the public per public notice by the BSMI in respect of various categories of commodities.
For commodities that are identified by the BSMI as high risk of hazard, the obligatory inspection applicant shall be registered with the BSMI by following related provisions before the declaration of conformity it issued becomes valid.
Where the inspection standards of commodities described in declaration of conformity are revised, for purposes of safety, health, environmental protection, efficiency of resource utilization or other public interests, the BSMI may notify, by public notice, the obligatory inspection applicant to issue a new declaration of conformity based on the revised inspection standards within a given time limit.
Article 44
The testing of the commodity described in a declaration of conformity shall be conducted by the BSMI or the designated testing laboratories recognized by the BSMI.
In case a commodity is assembled from modular parts and components that are subject to commodity inspection and have passed such inspection, the BSMI may exempt the assembled commodity from the testing set forth in the preceding Paragraph.
Article 45
For a commodity described in a declaration of conformity, the manufacturer thereof shall adopt control measures during the manufacture thereof to ensure that the product conforms to the specifications set forth in the technical documents. The quality of such products shall be consistent with that of the samples used in the testing described in the test reports annexed to the technical documents.
Upon the issuance of a declaration of conformity, a commodity shall conform to the content of the declaration. In case the commodity is altered, the obligatory inspection applicant shall execute and issue a new declaration to ensure the conformity of the commodity with the inspection standards.
Article 46
The obligatory inspection applicant shall keep the declaration of conformity and relevant technical documents for an applicable period as determined and made known to the public by BSMI per public notice in respect of various categories of commodities subject to inspection.
Article 47
Under any of the following circumstances, a declaration of conformity shall be deemed not made:
1. Where no technical document has been prepared in accordance with the provisions of Paragraph One of Article 43 of this Act, or no testing application has been filed with the BSMI or the designated testing laboratories recognized by the BSMI in accordance with the provisions of Article 44 of this Act; or
2. Where a declaration of conformity or a technical document is found to contain false or incorrect information. or incompliance with the provisions of Paragraph Two of Article 43 of this Act.
Article 48
Under any of the following circumstances, the declaration of conformity made under this Act shall become null and void:
1. Where the commodities purchased or sampled are inspected to be not in conformity with the inspection standards;
2. Where the commodity was not marked in the manner as required in Articles 11 and 12 of this Act, and the required correction has not been made within a given time limit after receipt of notice;
3. Where the obligatory inspection applicant refused or failed to provide a declaration of conformity, the relevant technical documents or samples without good cause shown or within a given time limit;
4. Where the declaration of conformity was not used in accordance with the content of declaration, and the required correction has not been made within a given time limit after receipt of notice;
5. Where the announcement of a commodity to be subject to inspection has been rescinded or the inspection scheme of declaration of conformity is announced to be no longer applicable to a commodity per public notice;
6. Where the required correction was not completed within a given time limit after receipt of the notification of the revision of inspection standards in accordance with the provisions of Paragraph Four of Article 43 of this Act; or
7. Other serious violations of regulatory provisions.
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