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Chapter Law Content

Chapter III Management of the Certification Body
Article 7
A certification body is obliged to observe the following regulations in the execution of all certification related matters:
1.To ensure the nondisclosure of all information obtained in the course of the certification work;
2.To maintain a fair and independent stand in the implementation of organizational operations;
3.To ensure the proper handling of all complaints or petitions received from food businesses, maintain related records and send a reply in writing;
4.To define the issuance and management procedures of the certification certificates;
5.To provide the central competent authority with pertaining documents or information in case of changes in organizational structure, the names of the managers of related departments attending to certification matters, or the roster of auditors or personnel of the certification body as defined under Paragraph 1 Subparagraph 3 of Article 4 for record purposes;
6.To provide auditors with the education and training courses on knowledge and skills of the audit work, food sanitation and safety, and related laws and regulations, and to conduct performance evaluation of the foregoing personnel and maintain related records.
7.To request auditors to complete at least six hours of the education and training courses of the certification practice and related laws and regulations conducted by the central competent authority or its accredited body every year and to attend to at least 10 certification work cases every year.
8.To register the names of the auditors in the food sanitation and safety management accreditation and certification information system. Immediate update is required in case of any changes.
9.To provide the certification progress updates for the information of the food businesses applying for certification.
10.To maintain records of information obtained or generated in the process of certification work on file for at least six years.
Article 8
Where a director, supervisor, person-in-charge, chief executive officer, or manager attending to the management affairs, or authorized signatory of certification reports of a certification body likewise holds a related position in a food business applying for certification, the certification body shall not accept the certification application case filed by the food business.
Likewise, an auditor to whom the case under application has been assigned for auditing shall adhere to the Administrative Procedure Act.
Upon presence of circumstances as stated in Paragraph 1, the certification body is obliged to duly notify the central competent authority; thereafter, the certification information system shall reassign case to another certification body.
Article 9
The central competent authority shall conduct at least one on-site assessment and one witness assessment on the certification bodies every year.
A certification body shall not evade, obstruct or refuse the preceding assessments.
For the witness assessment stated in Paragraph 1, the central competent authority shall assign a person to the site where the certification is conducted together with the auditor of the certification body to observe and assess the auditor’s competence.
Article 10
The central competent authority may revoke or invalidate accreditation of a certification body under any of the following circumstances:
1.Submission of false or inaccurate documents or information, or the employment of other illegitimate means to acquire eligibility for accreditation;
2.Unauthorized transfer of a portion or the entirety of certification procedures to the implementation of another body;
3.Statement of false or inaccurate data on the certification records or other related documents and/or information;
4.Solicitation of cases for processing through illegitimate means;
5.Violation of provisions defined in Subparagraphs 1, 2 and 10 of Article 7, Article 8 or Paragraph 2 of the preceding article.
Article 11
Upon presence of any of the following circumstances, a certification body shall be ordered to institute remedies within the given deadline. Failure to implement said remedies shall result in an ordered suspension of a portion or the entirety of its certification operations, and where prevailing circumstances prove to be major flaws, accreditation of said body shall be invalidated:
1.Noncompliance with the Regulations Governing the Standard Fee Schedule of Food Sanitation and Safety Management System Accreditation and Certification in terms of charging of certification fees;
2.Noncompliance with the provisions of Article 3 or Paragraph 3 of Article 6;
3.Violation of any of the provisions defined in Subparagraphs 3 to 9 of Article 7;
4.Failure to process the certification of food businesses within the deadline defined under Paragraph 3 of Article 14;
5.Violation of the Act or other laws that the central competent authority determines termination of certification processing shall be imperative.
Article 12
Where accreditation has been revoked or invalidated, the certification body is obliged to cease usage of its accreditation certificate and turn over the invalidated certificate within one month from the date of the revocation or invalidation. Failure to turn over the revoked certificate shall result in the central competent authority’s direct deregistration of the certificate.
Moreover, the certification body referred in the preceding paragraph is obliged to return all complete document, information and files of cases that have been processed or are still undergoing processing to the central competent authority or turn them over to the specific certification body according to the directive of the central competent authority. The same requirement shall apply to the certification bodies whose accreditation has been discontinued.
A certification body which accreditation is revoked or invalidated may reapply for accreditation one year after the day following revocation or invalidation of its accreditation.