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Chapter Law Content

Title: Act Governing Food Safety and Sanitation CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter VIII Food Examination and Control
Article 41
The municipal or county/city competent authority may take the following actions to ensure that foods, food additives, food utensils, food containers or packaging and food cleansers are in compliance with the provisions of this Act, and businesses shall cooperate with the competent authority and shall not evade, impede or refuse:
1. entering the place of manufacturing, processing, preparation, packaging, transportation, storage and sales, performing on-site examination and conducting sampling and testing;
2. when conducting the examination or sampling and testing referred to in the preceding paragraph, it may be required for the food businesses of the place referred to in the preceding paragraph to provide the source and amount of raw materials or products, processing, quality assurance, sales counterpart, sales amount, other supporting information, evidence or records, and such may be reviewed, detained and copied;
3. foods, food additives, food utensils, food containers or packaging and food cleansers found to be not in compliance with the provisions of this Act according to the examination and testing results shall be sealed;
4. those with possible violations of Paragraph 1 of Artcle 8, Paragraphs 1 and 4 of Article 15, and Article 16, or standards prescribed by the central competent authority pursuant to Articles 17, 18 or 19, the food businesses may be ordered to suspend operations or cease such sales, and the products shall be sealed;
5. upon receipt of reports of food poisoning accidents, the relevant food businesses may be ordered to make correction within a prescribed time period or send the relevant food personnel to participate in at least four hours of food poisoning prevention seminar at agencies (institutions) certified by the competent authority at all levels. During the investigation, it may be ordered to suspend operations, cease sales or undertake disinfection and seal such products.
Where necessary, the central competent authority may also execute the measures described in the preceding paragraph.
Article 42
The regulations governing the examination, testing and control measures and other matters to be complied with referred to in the preceding article shall be prescribed by the central competent authority.
Article 42-1
In order to safeguard food safety and sanitation and effectively stem illicit behaviour of businesses, the police agency shall dispatch its personnel to assist the competent agency.
Article 43
The competent authority shall keep strictly confidential the particulars of, and may grant reward to, anyone informing against foods, food additives, food utensils, food containers or packaging, food cleansers, labels, promotional materials, advertisements or food businesses that are found to have violated the provisions of this Act. If civil services disclose the confidential information, they will be punished with criminal and administrative responsibilities.
The regulations governing the jurisdiction of the complaints received by the competent authority, processing time period, confidentiality, reward to informant and other matters to be complied with mentioned in the preceding paragraph shall be prescribed by the central competent authority.
Confidentiality of identity of informants in Paragraph 1 shall be subject to the same requirements by throughout litigation procedures.