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

Print Time:2024/11/22 11:59
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Chapter Law Content

Title: The Weights and Measures Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter V Administration of Weights and Measures Industry
Article 34
Any person who engages in operating the business of manufacturing, repairing or importing measuring instruments shall make application to the dedicated weights and measures authority, obtain license before commencing its business operations.
The category of business, the type, scope and the term of validity of the measuring instruments involved in the business of a weights and measures organization and its subsidiaries shall be limited to the scope specified in its business license. The business license shall neither be transferred to nor provided for use by any other person.
The dedicated weights and measures authority shall be entitled to send its personnel at any time or from time to time to check the manufacturing, repairing and/or importing activities of measuring instrument operated by a weights and measures organization. The weights and measures organization involved shall not evade, impede or refuse such check.
Regulations governing the scope of documents required, the procedures to follow, the conditions to be satisfied, and other administrative rules to comply with by an organization in applying for license shall be prescribed by the competent authority.
Article 35
(Deleted)
Article 36
Under any of the following circumstances, an application filed for a weights and measures business license shall be denied:
1. Where the original weights and measures business license issued to the applicant has been revoked or rescinded and the time elapsed thereafter is less than one year; or
2. Where the responsible person of the applying organization is convicted, as per the court decision, to have committed the crime of falsifying behaviors in relation to weights and measures activities as defined in the Criminal Act, and in the event that execution of the punishment is pending, has been completed, has not been completed, or the punishment is remitted, the time elapsed thereafter is less than one year.
Article 37
The term of validity of a weights and measures business license shall be ten (10) years from the date of issue. An application for renewal the license may be filed with the dedicated weights and measures authority at least six months prior to the expiration date of the original license.
Article 38
An organization engages in the business of manufacturing or repairing legal measuring instruments shall be equipped with measurement standards; and shall, based on the established schedule, send those measurement standards to the appropriate bodies for maintaining traceability.
The measurement standards that need to be equipped by an organization and the list of traceability bodies as set forth in the preceding Paragraph shall be made known to the public per a public notice by the dedicated weights and measures authority.
Article 39
For manufacturing or importing legal measuring instruments that are subject to verification, the weights and measures organization shall file an application for verification with the dedicated weights and measures authority prior to releasing the products from manufacturing premises or importing them.
Article 40
Under any of the following circumstances, the dedicated weights and measures authority shall revoke the business license of a weights and measures organization and notify the said organization to return the business license within a given time limit. The dedicated weights and measures shall make known to the public per public notice of the cancellation of such license in the event that it is not returned beyond the given deadline date.
1. Where the organization was under any of the circumstances referred to in Article 36 but obtained the business license; or
2. Where the organization obtained business license by providing false and incorrect information.
Article 41
Under any of the following circumstances, the dedicated weights and measures authority shall rescind the business license of a weights and measures organization and notify the said organization to return the business license within a given time limit. The dedicated weights and measures shall make known to the public per public notice of the cancellation of such license in the event that it is not returned beyond the given deadline date.
1. Where the responsible person of the applying organization is convicted, as per the court decision, to have committed the crime of falsifying behaviors in relation to weights and measures activities as defined in the Criminal Act; or
2. Where the organization was in violation of the provisions of this Act, and has further failed to discontinue or rectify such law-violating act after having been notified to discontinue or to rectify such act within a given time limit.
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