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

Print Time:2024/12/13 21:10
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Chapter Law Content

Chapter 6 Penal Provisions
Article 45
Any person who commits to manufacturing, processing, repackaging, or importing prohibited agro-pesticides shall be sentenced to imprisonment for more than 1 year but less than 7 years and subjected to a fine of more than 7,500,000 New Taiwan Dollars but less than 1,500,000 New Taiwan Dollars.
Any person who attempts to commit the offense under the preceding Paragraph shall be punished.
Article 46
Any person who sells or intends to sell prohibited agro-pesticides by displaying or storing them shall be sentenced to imprisonment for more than six months but less than five years and subjected to a fine of more than 5,000,000 New Taiwan Dollars but less than 1,000,000 New Taiwan Dollars.
Any person who commits the offense stipulated in the preceding Paragraph due to negligence shall be sentenced to imprisonment for less than one year or detention, and/or a fine of less than 500,000 New Taiwan Dollars.
Article 47
Any person who commits to manufacturing, processing, repackaging, or importing counterfeit agro-pesticides under Subparagraph 1 of Article 7 shall be sentenced to imprisonment for more than six months but less than five years and subjected to a fine of more than 1,000,000 New Taiwan Dollars but less than 5,000,000 New Taiwan Dollars.
Any person who attempts to commit the offenses under the preceding Paragraph shall be punished.
Article 48
Any person who commits any of the following offenses shall be sentenced to imprisonment for not more than three years and subjected to a fine of not more than 500,000 New Taiwan Dollars:
1. Displaying or storing of counterfeit agro-pesticides as specified in Subparagraph 1 of Article 7, for selling or attempting to sell.
2. Selling domestically or diverting the use for other purposes the agro-pesticides specific for exporting as stipulated in Subparagraphs 2 or 3, Paragraph 1 of Article 24.
Any person negligently committing the offense as stipulated in the preceding Paragraph shall be sentenced to detention and subjected to a fine of not more than 250,000 New Taiwan Dollars.
Article 49
If the representative of a juridical person, or an agent, employee, or other staff of a juridical person or natural person commits an offense under Article 45 to the preceding Article in the course of performing his or her duties, in addition to the punishment of the perpetrator, a fine specified in each Article shall also be imposed on the juridical person or natural person.
Article 49-1
Any person who commits to manufacturing, processing, repackaging, or importing counterfeit agro-pesticides under Subparagraphs 2, 3, and 5 of Article 7 shall be subjected to a fine of more than 300,000 New Taiwan Dollars but less than 3,000,000.
Article 50
Any person who commits to manufacturing, processing, repackaging, or importing counterfeit agro-pesticides under Subparagraph 1 of Article 8 shall be subjected to a fine of more than 60,000 New Taiwan Dollars but less than 600,000 New Taiwan Dollars.
Article 50-1
Any person who sells or intends to sell counterfeit agro-pesticides by displaying or storing under Subparagraphs 2 to 5 of Article 7 shall be subjected to a fine of more than 50,000 New Taiwan Dollars but less than 500,000 New Taiwan Dollars.
Article 51
Any person who commits to manufacturing, processing, repackaging, or importing counterfeit agro-pesticides under Subparagraph 3 of Article 8 shall be subjected to a fine of more than 30,000 New Taiwan Dollars but less than 300,000 New Taiwan Dollars.
Article 52
Any person who commits any of the following offenses shall be subjected to a fine of more than 20,000 New Taiwan Dollars but less than 200,000 New Taiwan Dollars:
1. Knowing displayings or storing for sale or intending to sell inferior agro-pesticides.
2. Violating the provision of Article 14;
3. Violating the provision of Article 19, Article 23, Paragraph 1 of Article 26, Article 28, Subparagraphs 1 to 4 of Article 29, Article 32, Paragraphs 1 and 2 of Article 36, Article 37, or Article 38;
4. Violating the establishment standards for agro-pesticide factories prescribed in Paragraph 2 of Article 20;
5. Violating the relevant provisions on the entrusted processing of formulated agro-pesticides in the regulations referred to in Paragraph 2 of Article 22;
6. Violating the relevant provisions on the publishing or advocacy of agro-pesticide advertisement prescribed in Paragraph Article 36;
7. Violating the relevant provisions on the inspection of agro-pesticides in the regulations referred to in Paragraph 2 of Article 40; or
8. Without justifiable reasons, refusing inspectors to inspect according to the provisions of Paragraph 1 of Article 40 or refusing to produce affidavit according to the provisions of Paragraph 1 of Article 42.
Upon the occurrence of the situation described in Subparagraph 4 or 5 of the preceding Paragraph, the competent authority shall, in addition to the punishment under the preceding Paragraph, notify the offender to take corrective action within a prescribed time limit. If corrective action is not taken within the prescribed time limit, the competent authority may suspend the offender's manufacturing or processing either in whole or in part.
Article 53
Any person who commits any of the following offenses shall be subjected to a fine of more than 15,000 New Taiwan Dollars but less than 150,000 New Taiwan Dollars:
1. Offering formulated agro-pesticides for wholesale to a dealer not duly registered or designated according to this Act;
2. Violating the provisions of Paragraph 2 of Article 25, Subparagraphs 5 to 9 of Article 29, Paragraph 1 of Article 30, Paragraphs 1 and 2 of Article 33, Articles 34 or 35;
3. Selling domestically of any agro-pesticides designated for experimental research or educational demonstration under Subparagraph 1, Paragraph 1 of Article 24;
4. Using any agro-pesticides designated for experimental research, educational demonstration, or emergency prevention under Subparagraph 1, Paragraph 1 of Article 24 for other purposes;
5. Violating the relevant provisions on the use of agro-pesticides in the provisions referred to in Paragraph 3 of Article 33; however, if the applier violates the relevant provisions on the application method and scope but complies with the Maximum Residue Limits (MRLs) promulgated by the health competent authority, the competent authority shall mandate the applier to attend agro-pesticides safety use lessons. Punishment shall be imposed when the applier violates again or refuses to participate in the lesson; or
6. Violating the provisions on the transportation and storage of agro-pesticides stipulated in Article 39.
The promotion period is one year after enforcement of the amendment of this Act, on December 9, 2014. The violator shall not be imposed with the fine stipulated under Subparagraph 9 of previous Paragraph during the period, and the competent authority shall strengthen the promotion.
A violation of the agro-pesticides Maximum Residue Limits (MRLs) as specified in Paragraph 3 of Article 33 shall not be imposed with the fine, if it has been determined by the competent authority as polluted by neighbor farms and been re-examined in compliance with Maximum Residue Limits (MRLs).
Article 53-1
The competent authority may publish the name of manufacturers, dealers, personnel names, addresses, products, and situations of violation the violation that violate the provisions of this Act.
Article 54
If an agro-pesticide manufacturer or dealer commits a violation of this Act again even after having been punished by way of imprisonment or fine, the competent authority shall have the authority to annul the relevant permit or license which has been issued to the manufacturer or dealer.
Applications for agro-pesticide permit or dealer's license filed by agro-pesticide manufacturer or dealer whose permit or license is annulled in accordance with the preceding Paragraph shall be rejected by the competent authority within two years from the date of annulment.
Article 55
If any of the following circumstances occur, regardless of the ownership, the relevant items shall be confiscated:
1. Prohibited agro-pesticides or counterfeit agro-pesticides seized in accordance with this Act;
2. Inferior agro-pesticides seized in accordance with this Act;
3. Appliances and/or raw materials used for the manufacturing, processing, or repackaging of prohibited agro-pesticides or counterfeit agro-pesticides stipulated in Subparagraph 1 of Article 7;
4. Violating the provisions of Articles 19, 37, or 38, by claiming the agro-pesticide, labelling, promotion, or advertising thereof has the effectiveness of agro-pesticides.
The regulations governing the disposal of goods confiscated under the preceding Paragraph shall be prescribed by the central competent authority.
Article 56
Where it is necessary to appropriately dispose the agro-pesticides, appliances, raw materials, and goods confiscated in accordance with this Act, the expenses of disposal shall be borne by the punished person.
Article 57
The fines stipulated in this Act shall be imposed by the special municipal or county (city) competent authority.
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