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Chapter Law Content

Title: Health Food Control Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter VI Penal Provisions
Article 21
Whoever is guilty of manufacturing or importing health food without official approval or violating the first paragraph of Article 6 hereof shall be imprisoned for not more than three years and may additionally be fined not more than NT$1,000,000.
Whoever is guilty of knowingly offering for sale, supplying, transporting, storing, introducing, transferring, labeling, advertising, or displaying with the intent of offering for sale the above food shall be punished pursuant to the preceding paragraph.
Article 22
Whoever is guilty of violating Article 12 hereof shall be fined between NT$60,000 and NT$300,000.
Whoever is guilty of repeating the above act within one year shall be fined between NT$90,000 and NT$900,000; in addition, its business/factory license may be revoked.
Whoever is guilty of committing the act under the first paragraph of this Article to such extent detrimental to human health shall be imprisoned for not more than three years, detained and/or fined not more than NT$1 million; in addition, its business/factory license may be revoked.
Article 23
Whoever is guilty of committing any of the following acts shall be fined between NT$30,000 and NT$150,000:
1. violation of Article 10;
2. violation of Article 11; or
3. violation of Article 13.
Whoever is guilty of repeating the above act within one year shall be fined between NT$90,000 and NT$900,000; in addition, its business/factory license may be revoked.
Whoever is guilty of committing the act under the first paragraph of this Article to such extent detrimental to human health shall be imprisoned for not more than three years, detained and/or fined not more than NT$1 million; in addition, its business/factory license may be revoked.
Article 24
Violation of Article 14 will Result in the Following Fines and Penalties:
1. A fine of NT$100,000 to NT$500,000 shall be imposed when the first paragraph of Article 14 hereof has been violated.
2. A fine of NT$400,000 to NT$2,000,000 shall be imposed when second paragraph of Article 14 hereof has been violated.
3. The fines imposed by the preceding paragraphs shall be imposed consecutively according to the number of violations committed until the advertisement or broadcasting has been suspended; in case of a serious violation, the Health Food permit shall be revoked.
4. The business or factory registration certificate shall be revoked if violation is repeated within one year of the penalties imposed by the preceding paragraphs.
A mass communication business guilty of violating the second paragraph of Article 15 thereof shall be fined NT $60,000 and NT $300,000 and such fine may be consecutively imposed according to the number of violations committed.
By taking the official actions in accordance with the first paragraph, the competent authority shall by letter inform both the mass communication business and the competent information authority of the municipal/city/county government. The mass communication business shall cease and desist from publishing or broadcasting immediately on the next day of the receipt of the letter.
A mass communication business guilty of violating the first paragraph of Article 15 thereof or violating the Article 14 by continuously broadcasting the advertisement shall be fined NT $120,000 and NT $600,000 by the municipal/city/county government and such fine may be consecutively imposed according to the number of violations committed.
Article 25
Whoever is guilty of violating Article 18 hereof shall be fined between NT$300,000 and NT$1,000,000 and such fine may be consecutively imposed from day to day.
Article 26
If the representative of a legal entity, or the agent or employee of a legal entity or a natural person commits any of the offenses under Articles 21 to 22 in his/her occupational capacity, not only shall the culprit be penalized, but the particular legal entity or natural person shall be fined pursuant to the article(s) concerned.
Article 27
Whoever is guilty of refusing, impeding or deliberately evading the random inspection or testing under Article 16 or 17 hereof or refusing to comply with a suspension order or ban on manufacturing, preparing, processing , offering for sale or display shall be fined between NT$30,000 and NT$300,000, and such fine may be consecutively imposed.
The business/factory license of the culprit may be revoked if the violation is material or is repeated within one year.
Article 28
The competent municipal/county/city authority shall impose the fines, except those provided in the fourth paragraph of Article 24 hereof.
Article 29
If a vendor is guilty of violating any of Articles 7 and 10 to 14, the buyer may return the goods and claim refund of the purchase price from the vendor. If the vendor knowingly commits such violation, it shall refund twice the amount of the purchase price. If the buyer suffers any other damage, the court shall have the authority to order vendor to pay the buyer punitive damages not more than three times the retail price or the value of the damage, whichever is chosen by the buyer, unless the buyer is aware of such violation.
Any manufacturer, importer or vendor who knowingly commits the above violation or is jointly liable with the vendor in negligence shall be held jointly and severally liable.