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Chapter Law Content

Title: Health Food Control Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter V Inspection of and Enforcement on Health Food
Article 16
The competent health authority shall assign officers to inspect the premises, facilities and relevant business of health food manufacturers and vendors, and to conduct a random testing of their health food, which shall not be refused by such manufacturers or vendors without good cause shown; provided the health food subject to random testing shall be of such quantity sufficient for the testing.
The competent health authority at each level may order a business suspected of violating Articles 6 to 14 to suspend its manufacture, preparing, processing, sale or display, and seal up the product concerned for a prescribed period to be temporarily held in custody by such business against a certificate of custody.
Article 17
The central competent authority shall from time to time by public notice ban the manufacture and importation of any approved health food which is found to be materially harmful to human health, and also revoke the permit in respect of such food. If such health food has been manufactured or imported, the exportation, offering for sale, transport, consignment storage, introduction, transfer or display with the intent of offering for sale of such food shall be banned for a prescribed period; where necessary, the above health food shall be confiscated and destroyed.
Article 18
A health food manufacturer or importer shall forthwith notify its downstream businesses upon the occurrence of any of the following events and recall all products from the market within a prescribed period and dispose of such products along with any inventory according to this Act:
1. where a food is labeled or advertised as health food without official approval;
2. where manufacture or importation of the health food with a permit is banned by public notice;
3. where no application for renewal of the existing permit is filed or such application is rejected;
4. where Article 10 is violated;
5. where Article 11 is violated;
6. where any of the events under Article 12 arises;
7. where any of the events under Article 13 arises;
8. where Article 14 is violated; or
9. where health food shall be recalled from the market per the public notice of the central competent health authority.
The downstream businesses shall lend their support and assistance to any manufacturer and importer recalling the health food pursuant to the preceding paragraph.
Article 19
The local competent authority shall have the authority to take any of the following official actions against health food based on the results of random inspection or testing:
1. where a food that is labeled or advertised as health food without official approval or any of the events under Article 12 arises with any health food, the particular food shall be confiscated and destroyed;
2. health food not meeting the standards prescribed in Articles 10 and 11 shall be confiscated and destroyed. If after disinfection or the enforcement of appropriate safety measures such health food is usable or can be used after reconditioning, request shall be made for such disinfection, reconditioning or enforcement of safety measures within a prescribed period; if such request is not complied with within said period, the health food shall be confiscated and destroyed;
3. health food labeled in violation of Article 13 or 14 hereof shall be recalled for labeling correction within a prescribed period, otherwise such food shall be confiscated and destroyed; or
4. the official action shall be revoked and the sealed health food shall be unsealed if none of the situations under any of the above three subparagraphs arises but the manufacture, preparing, processing, sale and display of the food is suspended and the food sealed up and held in custody per an order under the second paragraph of Article 18(sic).
The local competent authority shall publicize the company name and address of the business manufacturing, preparing, processing, selling, importing or exporting the health food under subparagraph 1 or 2 of the first paragraph, the name of its responsible person, the product name and the story of violation.
Article 20
Anyone informing against or discovering any health food not meeting the requirements set forth in this Act shall be rewarded by the competent authority. The reward regulations shall be prescribed by the competent authority.