Chapter VI Market Surveillance
Article 49
In order to ensure the conformity of commodities to the provisions of this Act, the BSMI may send its representative to the following places to conduct a check of the commodities subject to inspection:
1. the place of display and sale of commodities;
2. the production premises or storage places where the commodities subject to inspection are produced or stored; or
3. places of business, work place, or other places whereat the commodities are installed or being used.
In order to conduct the check described in the preceding Paragraph, the BSMI may require the responsible person(s) of such place(s) to provide relevant information, and may further require the obligatory inspection applicant to submit relevant inspection certificate(s), technical documents and samples for use in conducting the verification or testing.
Regulations governing the targeted group subject to check, the method and scope of check, the disposal of law-violating commodities and relevant matters set forth in the preceding two Paragraphs shall be prescribed by the competent authority.
Where incidents with commodities subject to inspection have caused damage to the life, body, health or property of consumers, or have damage concerns, the obligatory inspection applicant shall notify the BMSI. Regulations governing the time point, method, content of the notification and other compliance matters shall be prescribed by the competent authority.
Article 50
The BSMI may proceed to an investigation of the likelihood of any violation of the provisions of this Act discovered while performing the check or other relevant activities under the preceding Article.
The investigation under the preceding Paragraph may be conducted in accordance with the following methods:
1. To enquire the obligatory inspection applicant, the distributor(s) of the commodity at issue, or other interested parties, and to require them to provide relevant documents or information;
2. To dispatch its personnel to the place(s) described in Paragraph One of Article 49 to conduct an investigation, and to take samples suspected to have violated the law, or to request the obligatory inspection applicant or the distributor concerned to provide products of the same type or model with that of the commodity in question for further inspection; or
3. To seal up the suspect commodity and place it under the custody of the representative set forth in Subparagraph One hereinabove against an undertaking executed by such representative, or to request the representative set forth in Subparagraph One to store the suspect commodity at a designated place.
Minutes of the interview conducted during the investigation shall be made at the site of investigation to be conducted under the preceding Paragraph. The representative of the party being investigated set forth in Subparagraph One hereinabove may be notified to make necessary statements while making such minutes.
In case the investigation conducted under Paragraph One of this Article is impeded and such impediment cannot be eliminated without the assistance of the police, the police authority may be requested to provide appropriate assistance as the situation calls for.
Article 51
The personnel appointed to execute the check, investigation or inspection in accordance with the preceding two Articles shall show their credentials before carrying out the mission.
Parties subject to the check, investigation, inspection or sealing-up of the commodity suspected under the preceding two Articles shall not evade, impede or reject such procedures unless good cause is shown.
Article 52
The BSMI may select and engage, on its own or as recommended by consumers’ protection organization(s), volunteers to assist in uncovering law-violating commodities.
Regulations governing the selection and engagement of volunteers set forth in the preceding Paragraph, the procedures for uncovering law-violating commodities, and other relevant administrative matters shall be prescribed by the competent authority in consultation with relevant government agencies.