Chapter Four - Administrative Supervision
If the municipal governments or the county (city) governments believe that the goods or services provided by traders may endanger the lives, bodies, health or properties of consumers, an investigation shall be launched immediately. After the investigation, such investigation process and results may be disclosed.
In conducting the investigation as set forth in the preceding paragraph, the investigators must show relevant identifications, and the investigation shall be conducted in the following ways:
1. Making inquiry of traders or related persons;
2. Notifying traders or related persons to appear and make statements ;
3. Notifying traders to provide information to prove that such goods or services will not endanger the lives, bodies, health or properties of consumers;
4. Dispatching personnel to the place of business, place of operations or other related premises of the traders to conduct an investigation; and
5. When necessary, the said personnel may take samples of goods at the premises for testing.
The municipal governments or the county (city) governments may file a petition with prosecutors to seize objects which may be served as evidence in the course of investigations.
The provisions governing seizures set forth in the Code of Criminal Procedure shall apply, mutatis mutandis, to such seizures mentioned in the preceding paragraph.
In conducting a test, the competent authorities of municipalities or counties (cities) may commission consumer advocacy groups, professional groups or other relevant public or private agencies or organizations having testing facilities to perform such testing.
If, after an investigation taken in accordance with Article 33, the municipal governments or the county (city) governments believe that the goods or services provided by traders have endangered or will endanger the lives, bodies, health or properties of consumers, the governments shall order such traders to immediately improve within the time limit, recall or destroy such goods or services, where necessary, the governments shall order such traders to cease the design, production, manufacturing, processing, importation, distribution of such goods or the rendering of such services, or take other necessary actions.
If the municipal governments or the county (city) governments believe that goods or services provided by traders have caused or will cause material injuries or damages to consumers, and the situation is an emergency, then in addition to the actions to be taken pursuant to the preceding article, that governments shall publicize their names, addresses, goods or services through the mass media, or take other necessary actions.
If the central competent authority believes it necessary, the actions set forth in the preceding five Articles may also be taken.
The Executive Yuan, the governments of municipalities and counties (cities) shall respectively maintain several consumer ombudsmen.
The regulations about appointment and responsibilities of consumer ombudsmen shall be proclaimed by the Executive Yuan.
In order to supervise and coordinate the consumer protection matters, the Executive Yuan shall periodically invite the heads of relevant ministries, representatives of national consumer advocacy groups, nationwide representatives of traders, scholars and experts to render advice on this act.
To promote consumer protection matters, the Executive Yuan shall be responsible for the followings:
1. The study, draft and review of basic policies and mechanisms concerning consumer protection;
2. The study, draft, revision, and review the effect of plans concerning consumer protection.
3. The deliberation on projects concerning consumer protection and the promotion, coordination and the review of the said projects;
4. The study of domestic and foreign trends and issues relating to social and economic development concerning consumer protection;
5. The offering of education, training and information concerning consumer protection;
6. The coordination and negotiation of policies and mechanisms and the competent authority concerning consumer protection within ministries, bureaus, departments; and
7. The supervision on exercising of powers by the competent authorities and the command of exercising of powers by consumer ombudsmen.
The Executive Yuan shall periodically publish the results of enforcing consumer protection matters and related information.
The municipal governments or the county (city) governments shall establish consumer service centers handling such matters as consultation, educational dissemination, complaints of consumers, and so on.
The municipal governments or the county (city) governments may establish branch offices under the consumer service centers within their jurisdictions.