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Chapter Law Content

Title: The Weights and Measures Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter I General Principles
Article 1
This Act is established for the purposes of harmonizing the use of weights and measuring units and ensuring the accuracy of measuring results.
Article 2
The following terms used in this Act are defined as follows:
1. Units of measurement: the standards for measuring physical quantities;
2. Measuring instrument: an apparatus or a device that is used to measure physical quantities and indicates the measuring results with value or units of measurement. Any standard substance having high stability of physical, chemical or metrological characteristics are also regarded as measuring instrument. Any equipment which is attached or appended to a measuring instrument and would affect the measuring function of the measuring instrument shall be regarded as an integral part of the measuring instrument.
3. Measurement Standard: an apparatus or device that is approved and designated by the competent authority for use as the basis to define the standard value of measurements in the field of metrological science;
4. Legal measuring instrument: a measuring instrument that is designated by the competent authority for use in trade, certification, official inspection and testing or environmental protection activities, or is related to public safety and/or medical and health care affairs;
5. Verification: examination and testing of a legal measuring instrument to ensure that it complies with related metrological requirements;
6. Inspection: examination and testing of a verified legal measuring instrument in use to ensure that it continues to comply with metrological requirements;
7. Error of a measuring instrument: a value derived from subtracting the value indicated by the measurement standard from that indicated by the legal measuring instrument under testing;
8. Maximum permissible error: the extreme values of the error (positive and negative) permitted by the legal requirements;
9. Calibration: the action of comparing measurement of the error of a measuring instrument by using the measurement standard;
10. Traceability: the action to ensure, through successive intercomparisons, that the accuracy of a measuring instrument is consistent with the international or national measurement standards;
11. Type approval: the procedures for evaluating and approving the overall major elements of a legal measuring instrument, such as the structure, the quality of materials and the technical characteristics that would affect the measuring functions or capabilities of a measuring instrument; and
12. Prepackage products: any product that is enclosed in a container or wrapped in any manner prior to being placed on the market for sale and the contents of which could not be altered without opening or changing the packaging.
Article 3
The competent authority in charge of the matters governed by this Act shall be the Ministry of Economic Affairs (the "MOEA").
Matters related to metrological affairs shall be handled by a dedicated authority as designated by the competent authority.
Where any matter governed by this Act involves the functional duties of any other government agency or agencies, such matter shall be handled by the competent authority through consultation with the relevant government agency or agencies.
Article 4
The dedicated weights and measures authority may set up a national measurement standards laboratory which shall be responsible for research and experiment, establishment, maintenance, custody, supply, calibration and other relevant matters in connection with highest measurement standards for the nation.
The dedicated weights and measures authority may entrust any other government agency (institution) or organization with the operations of the national measurement laboratories.
The regulations governing the qualification requirements and conditions, application procedures, assessments, supervision and evaluation of the government agency (institution) or organization to be entrusted under the preceding Paragraph, the issuance of calibration reports, and other relevant administrative affairs shall be prescribed by the dedicated weights and measures authority.
Article 5
In order to ensure fair trade and to maintain proper public safety and health and environmental protection, the competent authority may designate measuring instruments that are provided for use in trading transactions, certification, official inspection and testing, environmental protection, public safety, and medical and public health activities as legal measuring instruments.
Article 6
The activities of verification and inspection of legal measuring instruments, and sampling of prepackaged products are performed by the dedicated weighs and measures authority. In addition, the competent authority may also entrust other appropriate government agencies or organizations to carry out such activities.
Regulations governing the qualification requirements and conditions, assessments, supervision and evaluation of the government agency (institution) or organization entrusted under the preceding Paragraph and other relevant administrative affairs shall be prescribed by the competent authority.
Article 7
The government agency (institution) or organization entrusted to perform verification and inspection of legal measuring instruments shall maintain traceability of the measurement standards used. This requirement shall also apply to the measuring instruments used in performing official inspection and testing.
Article 8
The dedicated weights and measures authority may appoint or entrust certified metrology engineer(s) to perform the measurement administration activities related to weights and measures.
Matters pertaining the qualification and the administration of metrology engineers shall be stipulated in a separate law to be enacted. The competent authority may, prior to the enactment of such a separate law, appoint or entrust metrology technical personnel to perform the activities set forth in the preceding Paragraph.
Regulations governing qualification requirements and conditions for, training, supervision, and performance evaluation of metrology technical personnel referred to in the preceding Paragraph; issuance (replacement), term of validity, revocation or rescission of professional certificates or licenses; and other relevant administration matters shall be prescribed by the competent authority.
Article 9
Subject to the existence of bilateral or multilateral mutual recognition agreements or conventions signed by the Republic of China with other countries, regional organizations or international organizations, the dedicated weights and measures authority may accept the test reports, verification certificates and/or other relevant certificates that are signed and issued in accordance with the provision set out in such agreements or conventions.