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Chapter Law Content

Chapter 3 Wholesale Market
Article 12
Agricultural product wholesale markets are public utilities, their establishing and items of business matters should be proposed by competent authorities, and registered as budgets to subsidize.
The aforesaid project proposed by local competent authorities, would be decided upon the merits of the case by central competent authority.
Article 13
The object of agricultural product wholesale market is limited as one of the following:
1. Farmer’s organization.
2. The “legal person” who is invested and organized by farmer’s organizations.
3. The “legal person” who is invested and organized by government institutions, or Hsiang/chen, Township/municipality government offices and farmer’s organizations.
4. The “legal person” who is invested and organized by farmers and shippers of agricultural products.
5. The “legal person” who is invested and organized by government institutions, or Hsiang/chen, Township/municipality government offices.
6. The “legal person” who is invested and organized by government institutions, or Hsiang/chen, Township/municipality government offices, farmer’s organizations or farmer , and shippers of agricultural products.
The operating object of agricultural products wholesale market shall not intent to make profit; the organization, except above Statement 1herein, may apply to the regulation for “Company Limited by Shares” in the “Company Law”. However, as for Statement 2, Statement 3, Statement 5 herein, and Statement 6, people counts and qualifications of promoters are not limited by Article 128 of the “Company Law”.
The operation of agricultural product wholesale market has the priority for the one complies with Item 1, Statement 1 or Statement 2 herein; the one complies with Item 1, Statement 4 herein shall not have allowances, obtaining land, or tax reduction treatment, referred in Article 12, Article 15, and Article 17of this Act.
Article 14
To prepare for agricultural products wholesale market establishment shall draw up the proposal and apply to municipal city, or county/city competent authority for approval and then may begin to prepare. After fishing the preparation of establishment, the operating object shall register and apply to municipal city, or county/city competent authority for permits and may begin operating once receive the permit. Once the operation begins, shall not cease or cancel operations without the approval of to municipal city, or county/city competent authorities, except by force majeure (act of God).
Municipal city, or county/city competent authority shall cancel the agricultural products wholesale market establishment approval for the one does not follow the approved proposal to prepare the establishment, except the one apply for approval with the presentation of sound reasons.
Agricultural product wholesale market’s personnel, financial, and business management, the usage and handling of market cash balance, demander transaction suspending time periods, cancel demander’s permits, and other following management regulations are specified by central competent authority.
Article 15
Agricultural product wholesale market has the renting priority or the promulgated price purchase of the public lands from the government for its needs. For needing private lands, municipal city, or county/city competent authority shall assist the purchase or apply for land imposing by operation of law; also shall use the agricultural lands specified in accordance with the law.
The lands herein above shall not be changed without competent authority’s approval.
Article 16
The government or farmer’s organizations offering lands, building, and facilities to agricultural product wholesale market, the charge of usage fee shall be determined and limited by municipal city, or county/city competent authority according to central competent authority’s amount schedule.
Article 17
For agricultural product wholesale market’s lands and houses, house tax, land value tax, or farmland tax are 50% deducted.
Article 18
Any of the following operators may register as a supplier to an agricultural products wholesale market:
1.Farmer.
2.Farmer’s organization.
3.Agricultural corporation.
4.Agricultural product producers approved by municipal city, or county/city competent authority.
5.Shipper.
6.Agricultural products importer.
The suppliers referred to in Item 2-6 above shall keep their transaction records; when necessary, the municipal city or county/city competent authority may request to view those records, and the supplier shall not reject or interfere.
Farmers who have not registered as a supplier as referred to in Item 1 above may supply her/his agricultural products to an agricultural product wholesale market under her/his personal identification card. Agricultural product wholesale markets shall not specify a minimum-supplying amount for individual farmers.
Article 19
When applying to become a demander to an agricultural product wholesale market, the applicant shall pay a specified amount of performance bond to that agricultural product wholesale market and be issued a demander’s permit.
The amount of performance bond shall be determined by each agricultural product wholesale market, which is subject to the approval of the local competent authority.
Article 20
The supplier or demander of the agricultural product wholesale market shall not operate both demand and supply business in the same market.
Article 21
Agricultural product’s first wholesale transaction shall happen in the local transaction agricultural product wholesale market. However, the followings are exceptions:
1. Farmer’s organization co-operating marketing supplies to importer or processer directly.
2. The farmer who sell her/his agricultural products by retail.
3. The local place does not have agricultural product wholesale market established yet.
4. The farmer who is designated or approved by the project of county/city competent authority supplies to importer or processer directly.
Article 22
Purchasing agricultural products from farmers in the district without agricultural product wholesale market established yet shall bring shipper’s permit; the competent authority may check the permit if necessary.
Shipper’s permit herein above shall apply to municipal city, or county/city competent authority for approval. However, there shall not have people count limitation.
The central competent authority shall establish guidance, assistance, and management regulations to manage the process of agricultural product shippers applying shipper’s permits, qualifications, capital amount standard, valid period, guidance, assistance, and reward items…etc.
Article 23
To ensure a stable product supply, the agricultural product wholesale market may set up supplying contract, garneted price marketing, financial integration, or other applicable measures.
Article 24
For agricultural product’s first wholesale transaction, the agricultural product wholesale market represents farmers or farmer’s organizations to issue selling documentations shall be exempted from stamp duties and business taxes.
Article 25
The transaction modes of the agricultural product wholesale market are to auction, to negotiate prices, to mark the prices, to enter a bit. The supplier may specify the lowest transaction price.
Article 26
Wholesale agricultural products of the agricultural product wholesale market basically shall be classified and packaged by suppliers; the market may do the other unclassified and unpackaged products, the fee is charged in the payment for goods.
The central competent authority shall establish regulations for classified and packaged standard, periodical inspections, improvement awards, or purchase and usage of packing containers.
Article 27
The agricultural product wholesale market may charge the management fee from both suppliers and demanders; the charge standard is checked and ratify by the central competent authority.
Article 28
The agricultural product wholesale market offering classifying, packing, arranging, refrigerating, freezing, ice making, storage, transportation, electric slaughtering, or other related facilities may charge the fee from users, the charge standard is checked and ratify by municipal city, or county/city competent authority.
Article 29
The one is operating agricultural product wholesale market, shall have competent authority’s approval to operate other business, the business and accounting shall be independent, competent authority may send inspectors at anytime.
Article 30
(Promulgation of transaction prices and quantities in the end) The agricultural product wholesale market shall promulgate its or other important market’s today’s transaction prices and quantities in the significant place of the market.
Article 31
For the agricultural product wholesale market operation is unsatisfactory, municipal city, or county/city competent authority may order it to improve or rectify; request central competent authority to order it to reorganize, merge by operation of the law, or cancel its operating permit.