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Title: Cosmetic Hygiene and Safety Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 5 Penal Provisions
Article 20
Those in violation of Paragraph 1 or the regulations prescribed pursuant to Paragraph 4 of Article 10, pertaining to the provisions of promotion or advertisement contents and methods, shall be imposed a fine ranging from NT$40,000 to NT$200,000; violation of Paragraph 2 of the same article shall be imposed a fine ranging from NT$600,000 to NT$5,000,000. In case of severe violation, the business may be ordered to terminate business operations or revoke all or part of the items listed in the registration of its company, business, or factory.
Violators of cosmetics promotion or advertisement specified in Paragraph 1 or Paragraph 2, or the regulations prescribed pursuant to Paragraph 4 of Article 10, pertaining to the provisions of contents and methods, shall be fined successively until the violation is corrected or the publication or broadcast is terminated.
Severe violation of the provisions pertaining to promotion or advertisement specified in Paragraph 1 or Paragraph 2 of Article 10 shall not only be penalized in accordance with the preceding two paragraphs, the competent authorities shall also order the termination of supply, sale, giveaway, public display, or consumer trial offer of the advertised products.
Violators of the provisions pertaining to advertisement specified in the preceding paragraph shall publish or broadcast a corrective advertisement of the same length and in the same space and time slot as the original advertisement at a specified frequency within 30 days after receipt of the sanction order. Said corrective advertisement shall state an official apology and correct false information.
Violators of the preceding two provisions who continue to supply, sell, give away, publicly display, or offer consumer trial, or fail to publish or broadcast a corrective advertisement shall be imposed a fine ranging from NT$120,000 to NT$2,000,000.
Article 21
Media businesses in violation of Paragraph 3 of Article 10 shall be imposed a fine ranging from NT$60,000 to NT$300,000 and may be fined successively.
Article 22
Cosmetics businesses shall be imposed a fine ranging from NT$20,000 to NT$5,000,000 and may be fined successively if one of the following conditions applies. In case of severe violation, the businesses may be subject to a suspension of business operations for not less than one month nor greater than one year, or ordered to revoke all or part of the items listed in the registration of their company, business, or factory, or to revoke or rescind notifications or licenses for the said cosmetics.
1.Violation of Paragraph 1 or the public announcement made pursuant to Paragraph 3 of Article 6;
2.Violation of Paragraph 1 of Article 8;
3.Violation of Paragraph 2 of Article 8, with corrections not made after being ordered to make corrections within a specified time limit.
In case of revocation of notifications or licenses for cosmetics of the preceding paragraph, re-notification or re-application for registration of said products shall not be permitted within one year.
Article 23
Cosmetics businesses shall be imposed a fine ranging from NT$10,000 to NT$1,000,000 and may be fined successively if one of the following conditions applies. In case of severe violation, the businesses may be subject to a suspension of business operations for not less than one month nor greater than one year, or ordered to revoke all or part of the items listed in the registration of their company, business, or factory, or to revoke or rescind notifications or licenses for the said cosmetics.
1.Violation of Paragraph 1 of Article 4;
2.Provision of false information in product notification or information file referred to in Paragraph 1 of Article 4;
3.Violation of the regulations pertaining to items, contents, modifications, or methods for establishment and maintenance, retention period, and location of product notification or information file prescribed pursuant to Paragraph 2 or Paragraph 3 of Article 4, with corrections not made after being ordered to to make corrections within a specified time limit;
4.Violation of Paragraph 1, Paragraph 2, or Paragraph 3 of Article 5;
5.Provision of false information during the application for registration specified in Paragraph 1 or Paragraph 2 of Article 5;
6.Violation of Paragraph 4 or Paragraph 5 of Article 6;
7.Violation of Paragraph 1, Paragraph 2, Paragraph 3, or Paragraph 5, or the public announcement made pursuant to Paragraph 4 of Article 7;
8.Violation of Paragraph 1 of Article 9;
9.Provision of false data on sources or destinations as specified in Paragraph 1 of Article 11;
10.Violation of Paragraph 1 of Article 13;
11.Violation of Paragraph 2 of Article 15;
12.Violation of Article 16 by supplying, selling, giving away, publicly displaying violating cosmetics or offering consumer trial.
In case of revocation of notifications or licenses for cosmetics of the preceding paragraph, re-notification or re-application for registration of said products shall not be permitted within one year.
Article 24
Cosmetics businesses shall be imposed a fine ranging from NT$10,000 to NT$1,000,000 and may be fined successively if one of the following conditions applies and failing to make corrections within a specified time limit after being ordered to do so. In case of severe violation, the businesses may be suspended from operating for not less than one month nor greater than one year, or ordered to revoke all or part of the items listed in the registration of their company, business, or factory, or to revoke or rescind notifications or licenses for the said cosmetics.
1.Violation of Paragraph 1 or the regulations pertaining to scope, items, contents, methods for establishment and maintenance, and retention period of data as prescribed pursuant to Paragraph 2 of Article 11;
2.Violation of Paragraph 1 or the regulations pertaining to reporting methods, contents, or deadlines as prescribed pursuant to Paragraph 3 of Article 12;
3.Violation of Paragraph 1 or Paragraph 2 for failing to notify sellers or recall within time limit, or violation of Paragraph 3 or the regulations pertaining to handling methods, implementation methods for recall operations, deadlines for completion, contents of protocol and report, or record retention as prescribed pursuant to Paragraph 4 of Article 17.
In case of revocation of notifications or licenses for cosmetics of the preceding paragraph, re-notification or re-application for registration of said products shall not be permitted within one year.
Article 25
In case of violation specified in the preceding five articles, the competent authorities may, based on the circumstances of the offense, the extent of harm, and the scope of impact, make public the names and addresses of businesses, products, and conditions of the violation.
Article 26
The penalties prescribed in this Act, with the exception of revocation or rescission of notifications or licenses for cosmetics that shall be imposed by the central competent authority, shall be imposed by municipal or county/city competent authorities for the remaining penalties. The central competent authority may impose the penalties if deemed necessary.
Article 27
The revocation of all or part of the items listed in the registration of company, business, or factory as specified in this Act shall be forwarded for execution by the competent industry or commerce authority or its competent government authority after the termination of business operations has been ordered and confirmed by municipal or county/city competent authorities.