Chapter VIII Penal Provisions
Article 59
The obligatory inspection applicant of a commodity subject to inspection who violated the provisions governing the labeling of commodity as set out in Article 11 or Article 12 of this Act and who has further failed to correct the violation within the given time limit as required after receipt of notice shall be imposed with a fine in an amount of not less than New Taiwan Dollar One Hundred Thousand (NTD 100,000), but not more than New Taiwan Dollar One Million (NTD 1,000,000).
The obligatory inspection applicant of a commodity subject to inspection who has made false or incorrect labeling on such commodity shall be imposed with a fine in an amount of not less than New Taiwan Dollar One Hundred Fifty Thousand (NTD 150,000), but not more than New Taiwan Dollar One Million Five Hundred Thousand (NTD 1,500,000).
Article 60
Under any of the following circumstances, the obligatory inspection applicant of a commodity subject to inspection shall be imposed with a fine in an amount of not less than New Taiwan Dollar Two Hundred Thousand (NTD 200,000), but not more than New Taiwan Dollar Two Million (NTD 2,000,000):
1.Having violated the provisions of Paragraph One or Paragraph Two of Article 6 by releasing from the production premises or exporting or importing or placing on the market, any commodity that do not conform to the inspection requirements;
2. Having violated the Paragraph One of Article 7 which prohibits the release of any commodity from the storage place;
3. Having violated Article 27 regarding a new application for inspection, Paragraph One of Article 40 regarding a new application for registration, or Paragraph Two of Article 45 regarding a new declaration;
4. Having acquired the inspection certificate through fraudulent means;
5. Having failed to apply for cancellation of original records within a specific period of time as required by Paragraph Two of Article 28 hereof.
6. Having failed to comply with the requirement set out in Subparagraph One of Article 47, or making false statements prohibited by Article 41 or Subparagraph Two of Article 47 hereof.
Under any of the circumstances set forth in the preceding Paragraph and upon failure of the commodity to pass the inspection, the obligatory inspection applicant shall be imposed with a fine in an amount of not less than New Taiwan Dollar Two Hundred Fifty Thousand (NTD 250,000), but not more than New Taiwan Dollar Two Million Five Hundred Thousand (NTD 2,500,000).
Article 60-1
The obligatory inspection applicant of a commodity subject to inspection, having the penalty situations set forth in the preceding two Articles of this Act, shall be imposed with a fine in an amount of not more than 2 times of the total price of the commodities but not less than New Taiwan Dollar Ten Thousand (NTD 10,000), if the total price of commodities is not more than New Taiwan Dollar One Hundred Thousand (NTD 100,000).
The total price of commodities set forth in the preceding Paragraph is calculated by multiplying the quantity of law-violating commodities by the per-unit price of the commodity. The per-unit price of exported commodities will be the FOB price, the CIF price for imported commodities and the price without tax as out of factory for domestically manufactured commodities.
Article 60-2
The seller who has violated the provisions of Paragraph Four of Article 6 of this Act and has not completed correction within a given time after receipt of notice shall be imposed with a fine in an amount of not less than New Taiwan Dollar Ten Thousand (NTD 10,000), but not more than New Taiwan Dollar One Hundred Thousand (NTD 100,000), and may further be fined each time for his successive violation of the same nature.
Article 61
The obligatory inspection applicant of a commodity subject to inspection who has violated the provisions of this Act and thus has caused any damage to the life, body and health of consumers, or whose product is likely to cause severe damage shall be imposed with a fine in an amount of not less than New Taiwan Dollar Seven Hundred Fifty Thousand (NTD 750,000), but not more than New Taiwan Dollar Seven Million Five Hundred Thousand (NTD 7,500,000).
Article 62
Any person who has violated the provisions of Paragraph Two of Article 7, Paragraph Two of Article 23, or Paragraph Two of Article 51 of this Act by evading, impeding or rejecting the commodity sealing-up, check, investigation or inspection shall be imposed with a fine in an amount of not less than New Taiwan Dollar One Hundred Fifty Thousand (NTD 150,000), but not more than New Taiwan Dollar One Million Five Hundred Thousand (NTD 1,500,000), and in addition thereto, may be subject to consecutive punishment and compulsory execution of a commodity sealing-up, check, investigation or inspection.
Article 63
The obligatory inspection applicant who has violated the provisions of notification as set out in Paragraph Four of Article 49 of this Act shall be imposed with a fine in an amount of not less than New Taiwan Dollar Ten Thousand (NTD 10,000), but not more than New Taiwan Dollar One Hundred Thousand (NTD 100,000).
Under any of the circumstances set forth in Paragraph Two of Article 59, Article 60 or Article 61 of this Act, the obligatory inspection applicant may be notified to recall or correct the commodities within a given time limit, and may further be ordered to discontinue the export, import, production, manufacture, display or sale of the commodity at issue within a given time limit.
Having failed to recall or correct commodities within the given time limit as set forth in the preceding Paragraph, the obligatory inspection applicant shall be imposed with a fine in an amount of not less than New Taiwan Dollar One Hundred Thousand (NTD 100,000), but not more than New Taiwan Dollar One Million (NTD 1,000,000), and may further be fined each time for his successive violation of the same nature.
Having failed to discontinue the export, import, production, manufacture, display or sale of the commodity within the given time limit as set forth in Paragraph Two of this Article, the obligatory inspection applicant shall be imposed with a fine in an amount of not less than New Taiwan Dollar Two Hundred Fifty Thousand (NTD 250,000), but not more than New Taiwan Dollar Two Million Five Hundred Thousand (NTD 2,500,000), and may further be fined each time for his successive violation of the same nature.
Upon finding any violations as set forth in Paragraph Two of this Article, the commodity at issue may further be confiscated and destroyed, or subject to other necessary and appropriate measures.
Article 63-1
Where a commodity complying with inspection requirements is found to be not in compliance with the inspection requirements during market surveillance, the obligatory inspection applicant may be notified to recall or correct the commodity within a given time limit.
The obligatory inspection applicant who has violated the order as set out in the preceding Paragraph shall be imposed with a fine in an amount of not less than New Taiwan Dollar One Hundred Thousand (NTD 100,000), but not more than New Taiwan Dollar One Million (NTD 1,000,000).
Commodities that are not recalled or corrected within the given time limit as set forth in Paragraph One of this Article may further be confiscated and destroyed, or subject to other necessary and appropriate measures.
Article 63-2
Any person who has violated the provisions as set forth in Paragraph Two of Article 17 of this Act and has further failed to correct the violation within the given time limit shall be imposed with a fine in an amount of not less than New Taiwan Dollar Twenty Thousand (NTD 20,000), but not more than New Taiwan Dollar Two Hundred Thousand (NTD 200,000), and may further be fined each time for his successive violation of the same nature till the correction has been accomplished.
Article 64-1
The imposed fine, correction within a given time limit, recall, discontinuation of import/export, production, manufacture, display or sale, confiscation, destruction or other necessary and appropriate measures as mentioned in this Chapter shall be prescribed by the BMSI.