Chapter V. PENAL PROVISIONS
Article 26
For any person manufacturing, processing, packaging, or importing feed/feed additives listed in Article 20, paragraph 1, subsections 1 to 3, a jail term or penal servitude of no more than five years, in conjunction with a fine of no more than NT $20,000,000, shall be imposed.
For a violation in the previous paragraph where the crime was non-intentional, penal servitude and a fine of no more than NT $100,000 shall be imposed.
An attempt to commit any act mentioned in paragraph 1 shall also be punishable.
Article 27
For a party selling, exporting, intending to sell, and displaying or storing feed/feed additives to which Article 20, paragraph 1, subsections 1 to 3 apply, a jail term of no more than two years and a fine of no more than NT$10,000,000 shall be imposed.
For a violation in the previous paragraph where the crime was non-intentional, a fine of no more than NT$60,000 shall be imposed.
Article 29
Where any of the following circumstances apply, a fine of no less than NT$30,000 and no more than NT$3,000,000 shall be imposed:
1.Violation of Article 5, paragraph 2, namely, using feed/feed additives in manufacturing or processing food for human consumption, or storing or selling such along with food for human consumption, or manufacturing, processing, packaging, or storing food for human consumption in the same factory as feed/feed additives.
2.Using feed/feed additives described in Article 20, paragraph 1, subsections 1, 2, 4, or 5.
3.Manufacturing, processing , packaging, or importing feed/feed additives described Article 20, paragraph 1, subsections 4 to 7.
4.Importing of feed/feed additives not inspected by or which have failed inspection by the central competent authority, or applying for importing of feed/feed additives previously ordered to be returned by the central competent authority.
Article 30
For a party selling, exporting, intending to sell, and displaying or storing feed/feed additives to which Article 20, paragraph 1, subsections 4 to 7 apply, a fine of no less than NT $30,000 and no more than NT$500,000 shall be imposed.
Article 31
A fine of no less than NT$30,00 and no more than NT$300,000 shall be imposed for any of the following:
1.Failure to comply with Article 8-1, paragraphs 2 and 3, namely, failure to keep records of supply sources and outflows for feed/feed additives, and retain certification or proof thereof for five years; failure to use electronic uniform invoices; or falsely keeping, uploading, or disclosing such records.
2.Violation of Article 9, namely, failure to establish a factory in accordance with this Act.
3.With self-manufactured, own-use feed made by a self-manufactured, own-use user, there is a failure to comply with the quantity limits set by the central competent authority; or a failure to apply for a self-manufactured, own-use license in accordance with Article 10, paragraph 3, subsection 1; or a failure to keep records of feed additives’ sources or uses, in accordance with Article 10, paragraphs 4 and 5, or the records are flawed.
4.Violation of Article 13, namely, changing matters that require prior approval without obtaining such prior approval.
5.Violation of Article 16, namely, engaging in business operation without a sales license.
6.Violation of Article 19, Article 21, or Article 22, paragraph 4.
7.Violation of Article 24, paragraphs 1 or 2, namely, failure to recall, re-process, correct, destroy, or discard within a specified time limit.
Where the circumstances in the previous paragraph, subsection 3 apply, the competent authority at the directly-controlled municipal government or county/city-level may, in addition to imposing a fine stipulated in the previous paragraph, order the self-manufactured, own-use feed user to truthfully keep records; re-process, discard, or destroy the feed/feed additives via such user’s own means; or order that use of such feed/feed additives be discontinued. The competent authority may also revoke the self-manufactured, own-use license.
Article 32
A written warning shall be issued for violation of Article 17 or Article 18. A repeated offense shall result in a fine of no less than NT$15,000 and no more than NT$100,000.
Article 32-1
For violation of Articles 29 to 32, if the illegal gain exceeds the highest prescribed amount of fine, the penalty imposed may be up to ten times the total sales revenue during the period of violation.
Article 33
If the representative of a legal entity, or the agent, employee or any other professional of any legal entity or natural person is guilty of the offenses under Article 26 or 27 hereof in performing their duties, not only shall the wrongdoer be punishable in accordance with such Article, but fines shall also be imposed on the legal entity or natural person under any of the applicable Articles.
Article 35
A case in which a fine imposed in accordance with this Act is not paid within the prescribed time limit shall be referred to the court for compulsory enforcement.
Article 37
The competent authority at the specific level shall be the authority with powers to impose sanctions and fine in accordance with this Act.