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Chapter Law Content

Title: The Weights and Measures Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter III Verification and Inspection
Article 14
The dedicated weights and measures authority may conduct verification on legal measuring instruments.
The marking, structure, maximum permissible error of verification, term of validity of the verification, maximum term of service, and relevant technical specifications of legal measuring instruments subject to verification shall be published per public notice by the dedicated weights and measures authority.
Article 15
A legal measuring instrument subject to verification may be exempted from such verification under any of the following circumstances:
1. Where the imported legal measuring instrument is attached with a verification certificate issued by the government of the country of origin of the measuring instrument which provides a reciprocal verification exemption treatment to the measuring instruments of the Republic of China;
2. Where the legal measuring instrument is imported for personal use by any member of a foreign embassy or consulate located in the Republic of China or by any person who is entitled to diplomatic immunity;
3. Where the legal measuring instrument is provided as a commercial sample, an article for exhibition or a product for research and development or testing purposes, as approved by the dedicated weights and measures authority;
4. Where an approval is granted by the dedicated weights and measures authority to the imported legal measuring instruments which are intended to be exported after further processing or assembly or to be exported subsequently in its original form; or
5. Where the legal measuring instrument is domestically manufactured and intended to be exported.
Article 16
A verified legal measuring instrument in use shall be subject to inspection.
The applicable maximum permissible error of inspection, the inspection method, and the relevant technical specifications to be required and used in carrying out the inspection referred to in the preceding Paragraph shall be published per public notice by the dedicated weights and measures authority.
The owner or the possessor of any legal measuring instrument shall not evade, impede or refuse the inspection to be conducted in accordance with the provision of Paragraph One of this Article.
Article 17
A legal measuring instrument which has passed verification or inspection conducted pursuant to this Act shall be affixed with a conformity mark.
Article 18
Regulations governing the type, scope, method and time of verification or inspection to be performed for any legal measuring instrument; the form of and method for affixing and removal of the conformity mark; and other administrative matters associated therewith shall be prescribed by the competent authority.
Article 19
Under any of the following circumstances, the owner or the possessor of the verified legal measuring instrument at issue shall file a application for reverification:
1. Where the verified legal measuring instrument has undergone a repair, adjustment or alignment, remodeling or re-building; or
2. Where the term of validity of the verification has expired.
Upon expiration of the maximum term of use of a verified legal measuring instrument, no application for reverication may be filed in respect of the same legal measuring instrument.
Article 20
Any legal measuring instrument which is subject to verification shall not be put to or made available for use in measuring operation, nor may it be put to sale or displayed with the intent to sell if it did not pass the verification or no application for reverication has been filed in accordance with the provisions set out in the preceding Article. The foregoing provision shall also apply to any legal measuring instrument whose maximum term of use has expired.
Article 21
Under any of the following circumstances, a verified legal measuring instrument shall not be put to or made available for use in measuring operation:
1. Where the verified legal measuring instrument has failed the inspection;
2. Where the verification mark becomes indiscernible or fell off without good cause shown; or
3. Where additional equipment is attached to the verified legal measuring instrument to the extent sufficient to affect the measuring function of the said measuring instrument.
Upon finding of any of the circumstances set forth in the preceding Paragraph, the dedicated weights and measures authority shall affix a suspension-from-use marking on the said measuring instrument.
Article 22
For any legal measuring instrument subject to verification as designated per public notice given by the competent authority, if the quality control system, the qualification of personnel performing the verification task, the techniques and the equipment of an organization comply with the requirements established by the competent authority, and have been qualified, through examination, by the dedicated weights and measures authority, the said organization may be allowed to carry out the self-verification activities.
The self-verification to be carried out by an organization shall be performed in accordance with relevant provisions set out in this Act on each legal measuring instrument manufactured. Those passed the verification process shall be affixed with the verification mark and the verification records thereof shall be maintained by the organization.
Regulations governing the qualification requirements and conditions of the organization referred to in Paragraph One, the application procedures, audit procedures, the issuance/revocation/rescission such qualifications, design of the verification mark, the maintenance period for verification records, and other relevant administrative matters shall be prescribed by the competent authority.
Article 23
In order to ensure the quality of the self-verification operations performed by the organization, the dedicated weights and measures authority may, non-periodically, send its personnel to conduct follow-up audit to the manufacturing premises of the said organization. The organization shall not evade, impede or refuse such follow-up audit.
In case the results of follow-up audit are unsatisfactory, the dedicated weights and measures authority may notify the organization to take necessary corrective action within a given time limit. Failure of the organization to do so shall cause rescission of their qualification to perform self-verification operations.
Article 24
In the case of any dispute arising between the parties to a trade transaction about the accuracy of a measuring instrument used in such transaction, an application for expert appraisals may be filed with the dedicated weights and measures authority. Regulations governing the type and scope of such appraisals, the application procedure, the technical specifications, and other administrative matters related thereto shall be prescribed by the competent authority.