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Chapter Law Content

Chapter 4 Management of Organic Agricultural Products
Article 15
The Central Competent Authority shall promulgate the substances allowed to be used in production, processing, packaging, distribution and sale of organic agricultural products and in-conversion agricultural products.
Except for the aforementioned substances, operators shall not use prohibited substances such as GMO derived products, chemical pesticides, chemical fertilizers, animal drugs, and other synthetic chemical substances.
Operators shall ensure the organic agricultural products and in-conversion agricultural products they produced, processed, packaged, distributed, and sold contain no prohibited substances as stated in the previous paragraph.
Article 16
Agricultural products shall be certified to be organic throughout their production, processing, packaging, and distribution before they can be sold, labelled, displayed or advertised as organic.
Agricultural products shall be certified to be in conversion throughout their production, processing, packaging, and distribution before they can be sold, labelled, displayed or advertised as in-conversion agricultural products.
The day after the anniversary date of the implementation of this Act, any non-natural operator, such as a legal entity, business, farm, unincorporated body, and ranch shall not use the term “organic”, as a whole or a part of its name, unless all agricultural products sold are certified or reviewed qualified according to subparagraph 2 of paragraph 1 of Article 17.
Article 17
Imported agricultural products shall meet one of the following conditions before they can be sold, labelled or advertised as organic :
1. Certified by a domestic or foreign certification body accredited by ROC, given that the certification activities are performed within the territory prescribed on the accreditation certificate.
2. Certified by a certification body accredited by a country or member of World Trade Organization that is in organic equivalence with ROC, given that the certification activities are performed within the territory of the accrediting country or WTO member, reviewed qualified by the Central Competent Authority at the request of the importer, and issued with an approval document.
Countries or members of WTO with organic equivalence defined in paragraph 2 shall sign the mutual organic equivalence recognition treaty, agreement, or other official documents with ROC. After signing, the countries or members shall be promulgated by the Central Competent Authority.
The Central Competent Authority shall establish the regulations to stipulate the application requirement, the review procedures, the data to retain, the labeling, the management, and other relevant items, as described in subparagraph 2 of paragraph 1.
Article 18
The container or packaging of organic agricultural products and in-conversion agricultural products shall be notably indicated in Chinese and common symbols with the following items:
1. Product name. For organic agricultural products, the term “organic” shall be indicated; for in-conversion agricultural products, the term “in-conversion agricultural products” shall be indicated.
2. Ingredients. Those containing more than one ingredient shall be accordingly indicated in a descending order of proportion; in the case of a product containing single ingredient represented by the product name, the product is exempted from ingredient indication.
3. The name, address, and telephone number of the operator. In the case of organic products being imported, the name, address, and telephone number of the importer shall be indicated instead.
4. Origin (country). However, those with the address of the manufacturing plant or certification site that can represent the origin indicated are exempted.
5. Name of the certification body.
6. Certificate number. Organic agricultural products imported in accordance with subparagraph 2 of paragraph 1 of Article 17 shall be indicated with the number of approval document.
7. Other items required to be indicated promulgated by the Central Competent Authority.
In case of difficulty to label the items mentioned in the previous paragraph due to the limited package surface area, material, or other conditions, the Central Competent Authority may promulgate conditions for exemption or alternative indication methods.
For any changes to the subject matter being indicated according to the paragraph 1, the label shall be updated within three months of the occurrence of the changes.
Article 19
Operators selling organic agricultural products and in-conversion agricultural products in bulk package shall display the name, the origin (country) of the products on site with billboards, with a duplicate copy of the certificate of organic certification or in-conversion presented. Those selling organic agricultural products imported under subparagraph 2 of paragraph 1 of Article 17 shall present a duplicate copy of the approval document.
The aforementioned disclosure of product name and origin (country) is subject to provisions in subparagraph 1 and 4 of paragraph 1 of the pervious article.
The Central Competent Authority shall establish the regulations governing the items, methods, and other requirements regarding indication and display specified in the above 2 subparagraphs and the previous article.
Article 20
Only agricultural products certified as organic under this Act are allowed to be labeled with organic mark.
The Central Competent Authority shall establish regulations to stipulate the specification, design, use condition, and other requirements regarding the above organic mark.
Article 21
Those entrusted to disseminate advertisement about organic agricultural products or in-conversion agricultural products shall retain the following records for 6 months from the date of the first broadcast: the entruster’s name , personal identification number or business registration number, residence, the address of the residence or office, the telephone number, and the content of dissemination. When requested for provision by the competent authority, the entrustee shall not evade, impede, refuse, or provide false data.
Article 22
The competent authority may assign staffs with proof of identity to enter the premise concerning production, processing, packaging, storing, selling, and other operations as well as transporting vehicles related to organic agricultural products or in-conversion agricultural products to examine, sample for test, or acquire data or record from operator. Any subject shall not evade, impede, refuse, or provide false data or record.
Article 23
For testing of organic agricultural products and in-conversion agricultural products, the Central Competent Authority shall refer to the test methods established in Act Governing Food Safety and Sanitation by the Central Competent Authority of Health and Welfare. For the test methods not been established by the Central Competent Authority of Health and Welfare, other international recognized test methods can be referred to.
The Central Competent Authority may appoint its affiliated testing body (institution) or entrust other bodies (institutions), schools, or organizations for the above testing.
Article 24
Dissident for the result of testing, the operator may apply for a retest to the original sampling authority and pay the retest fees within 15 days on receiving the notice, and is limited to once.
Upon accepting the retest application, the sampling authority shall notify the original testing body to conduct a retest of the original specimen within 7 days. The authority may refuse the retest application if the specimen has deteriorated or could not be preserved properly.
Article 25
When the organic agricultural products and in-conversion agricultural products tested contain the prohibited substances specified in paragraph 2 of Article 15 or any other matters violating the provision of this Act, the competent authorities may prohibit the operator or owner from transporting the agricultural products and order them to withdraw or recall the product from the market, or take other appropriate measures.
Article 26
The competent authority shall keep the identification of those reporting a potential violation of this Act confidential, and those enable the identification of such violation shall be rewarded.
The Central Competent Authority shall establish regulations governing the reporting, rewarding and other relevant matters prescribed in the previous paragraph.