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

Print Time:2024/12/13 20:23
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Chapter Law Content

Chapter 5 Supervision, Inspection, Crackdown, and Encouragement
Article 35
An agro-pesticide manufacturer or dealer shall maintain books of account to record the quantity and trading counterparts of agro-pesticides produced, imported, purchased and sold, and shall make them available to the competent authority for inspection.
The books of account mentioned in the preceding Paragraph shall be preserved for three years and regularly reported to the competent authority. The central competent authority shall promulgate the format, content, frequency, and manner of the report.
Article 36
An agro-pesticide manufacturer or dealer shall neither produce or offer for sale any agro-pesticide beyond the scope of registration, nor engage in fake, exaggerated, or improper marketing, promotion, or advertisement.
Before proceeding to publish or run an advertisement, an agro-pesticide manufacturer or dealer shall submit all the written words, pictures, or oral statements to the central competent authority for approval and provide the written approval to the advertising agency for verification.
The regulations governing the application and review of the agro-pesticide advertisement mentioned in the preceding Paragraph and other relevant matters shall be prescribed by the central competent authority.
Article 37
The agro-pesticides exempted from registration promulgated by the central competent authority are not subject to the provisions this Act. However, the labelling, promotion, or advertising of such agro-pesticides shall not contain false or exaggerated claims.
Article 38
No agro-pesticides shall be labelled, promoted, or advertised as those with the efficacy of agro-pesticides if they are not as defined within this Act.
Article 39
Attention shall be paid to the safety of transportation and warehouse storage of agro-pesticides; the regulations governing the transportation, warehouse storage, and other relevant matters shall be prescribed by the central competent authority in concert with the Ministry of Transportation and Communications.
Article 40
The competent authority may dispatch agro-pesticide inspectors to enter the place of business or warehouse of an agro-pesticide manufacturer or dealer and other places where agro-pesticides are manufactured, processed, and repackaged to carry out inspections, and may order the manufacturer or dealer to provide the inspectors with a business report.
The regulations governing the contents selective inspection, re-inspection, sealing-upon, and other relevant matters of the agro-pesticide inspections under the preceding Paragraph shall be prescribed by the central competent authority.
Article 41
In performing the duties under Paragraph 1 of the preceding Article, agro-pesticide inspectors shall provide documents proving their authority or display identifiable badges, and shall pay for any samples taken at random.
Article 42
Any and all suspicious prohibited, counterfeit, or inferior agro-pesticides shall be first sealed upon being discovered if taking of random samples is required for examination purposes, and shall then be safeguarded by the manufacturer after signing an affidavit; the manufacturer must not refuse to do so.
Samples taken according to the preceding Paragraph shall be examined and disposed as soon as possible, i.e. no more than two months of the date on which the agro-pesticides are seized.However, where the period of examination and disposal needs to be extended for the necessity of inspection, a written notice stating the cause and period of extension shall be given to the manufacturer before the said period expires.
Article 43
For those who inform the competent authority of the existence of prohibited, counterfeit, or inferior agro-pesticides or assist the competent authority in discovering such agro-pesticides, the competent authority shall not only keep in confidence the name and identification of the informer or assistant, but also pay rewards to the informer or assistant in accordance with the regulations prescribed by the central competent authority.
Article 44
The competent authority may appraise the agro-pesticide manufacturers or dealers periodically and reward those who are highly recognized in the appraisal.
The regulations governing the appraisal and rewards under the preceding Paragraph shall be prescribed by the central competent authority.
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