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Chapter III Commission of Sampling, Sealing and Examining with Commodity Inspection
Article 25
The applicant applying for the inspection body (hereinafter referred to as the “inspection body applicant”) shall possess the following qualifications:
1. Administrative bodies or institutions, public or private college or university, or non-profit juristic persons of the Republic of China;
2. Having obtained recognition by the BSMI as a designated testing laboratory for the relevant commodity inspection fields; and
3. Other qualifications designated and made known to the public by the BSMI per public notice.
Article 26
The inspection body applicant possessing the qualifications set forth under the preceding Article may apply to the BSMI by submitting the following documents:
1. Certificates and relevant documents complying with the qualifications set forth under the preceding Article; and
2. The plan including to explain origin, goal, capability, sites, equipment, human analysis, works schedule planning, the manner of management and execution, expected benefits, demand of budget and estimate of cost.
If the documents submitted according to the preceding Paragraph are found incomplete, the inspection body applicant shall submit supplement documents within fifteen days from the next day of receipt of the notice. If the inspection body applicant fails to supplement the documents as required, the application shall be rejected.
Article 27
The BSMI carry out document review about the application of preceding Article. An on-site assessment will be conducted by the BSMI, if necessary.
If the review of the inspection body applicants are completed and found in compliance with the requirements set forth in Article 25 and Article 26, the BSMI should issue the notification that shows the compliance to the requirements set forth in Article 25 and Article 26, and requires the inspection body applicant discuss the commission contract for sampling, sealing and examining with commodity inspection with the BSMI before the specified date. The BSMI may select the distinguished ones to negotiate the price and enter into the commission contract for sampling, sealing and examining with commodity inspection.
Article 28
The provisions set out in Article 10, Article 12, Article 14, Article 18 and Article 20 of this Regulation shall apply mutates mutandis to the commission of sampling, sealing and examining with commodity inspection.
Article 29
The inspection body shall submit monthly works statistics sheets of the commissioned operations to the BSMI before the 10th of next month.
The inspection body shall submit summary report including goal analysis, implementation results, analysis of outlays and achievement evaluation to the BSMI within one month after the end of the year. Briefing of summary report or on-site assessment will be required by the BSMI, if necessary.
Article 30
If an inspection body has any of the following circumstances, the BSMI may temporarily suspend, pursuant to the commission contract, the right of the inspection body to perform the commissioned operations within a certain period of time. The BSMI shall resume the right after the inspection body has been examined and approved by the BSM:
1. The qualification according to Article 25 has been lost;
2. Where the inspection body fails to maintain sufficient resources and capability or subcontract with others to conduct the commissioned works as required under Paragraph 1 of Article 12, mentioned in Article 28;
3. Where the inspection body violates the requirements set forth in Paragraph 2 of Article 12, mentioned in Article 28 by subcontracting a part of the commissioned operations to other organizations provided that it is not the main part of the commissioned works and without an approval by the BSMI; or
4. Where the inspection body fails to submit monthly works statistics sheets as required under Paragraph 1 of Article 29 more than twice within the expiry of the same commission contract for sampling, sealing and examining with commodity inspection.
Article 31
If any of the following circumstances occurs, the BSMI may terminate the commission contract, in part or in whole, pursuant to the commission contract for sampling, sealing and examining with commodity inspection:
1. Where an application to terminate the commission contract for sampling, sealing and examining with commodity inspection has been initiated by the inspection body;
2. Where the recognitions of designated testing laboratory by the BSMI have been revoked or rescinded;
3. Where the inspection body has failed to avoid conflict of interests or violated his obligation of confidentiality;
4. Where the inspection body performs the commissioned operations beyond the scope authorized by the commission contract for sampling, sealing and examining with commodity inspection mentioned in Paragraph 2 of Article 27 or is lazy to perform the commissioned operations;
5. Where the inspection body violates the requirements set forth in Paragraph 2 of Article 10, mentioned in Article 28 by rejecting inspection applications or giving different treatment;
6. Where the inspection body fails to comply with the requirements set forth in Article 14, mentioned in Article 28 regarding retention and disposal of documents;
7. Where the inspection body violates the requirements set forth in Paragraph 2 of Article 18, mentioned in Article 28 by evading, impeding or rejecting the assessment conducted by the BSMI;
8. Where the inspection report or monthly works statistics sheets issued or submitted by the inspection body is found to contain false or incorrect information; or
9. Other violation of relevant regulations that are deemed as substantial and material events by the BSMI.
Article 32
If the commission contract for sampling, sealing and examining with commodity inspection is terminated pursuant to the preceding Article, the inspection body shall handover the pending inspection applications to the BSMI or other inspection body designated by the BSMI.
Within 3 years after the termination of the commission contract for sampling, sealing and examining with commodity inspection, the terminated inspection body shall not be permitted to re-apply for the qualified inspection body, except that the inspection body terminates the commission contract for sampling, sealing and examining with commodity inspection voluntarily.
Article 33
These Regulations shall take effect upon the date of promulgation.