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Chapter Law Content

Chapter 4 Penal Provisions
Article 22
In one of the following situations, a subject is fined from NTD600,000 up to NTD60,000,000:
1. Violating paragraph 1 of Article 5 by engaging in the accreditation activities provided in paragraph 3 of Article 5 without the permission from the Central Competent Authority or by continuously engaging in accreditation activities without the renewal permission from the Central Competent Authority in accordance with paragraph 2 of Article 5.
2. Violation of the suspension of accepting new accreditation applications imposed on accreditation bodies by the Central Competent Authority under paragraph 1 of Article 30.
Article 23
A subject who violates the paragraph 1 of Article 7 by engaging in certification activities without accredited by an accreditation body is subject to a fine from NTD300,000 up to NTD30,000,000.
Article 24
Under any of the following circumstances, a fine from NTD200,000 up to NTD2,000,000 is applicable to each individual violation:
1. Violation of paragraph 1 of Article 10, using the certified agricultural product mark on uncertified products.
2. Violating the suspension of the usage of certified agricultural product mark imposed by the Central Competent Authority under paragraph 2 of Article 25 or paragraph 2 of Article 29.
Should the violator as detailed in the preceding paragraph receive a fine by a court, which is lower than the minimum fine as provided by the preceding paragraph, he/she shall still pay the difference to match the minimum fine.
Article 25
Under any of the following circumstances, a fined from NTD100,000 up to NTD1,000,000 is applicable to each individual violation.
1. Violation of paragraph 4 of Article 7, failing to retain relevant data and records in accordance with the items, methods, and time periods promulgated by the Central Competent Authority, or evading, impeding, or refusing the examination by the Central Competent Authority, or providing false data and records.
2. Violation of paragraph 2 of Article 12, evading, impeding, or refusing the examination by the Central Competent Authority, or providing false data and records.
3. Violation of paragraph 3 of Article 12, failing to comply with the proceedings by the competent authority regarding prohibition from transporting products, taking corrective action, withdrawing or recalling such products from the market, destroying such products, or take other appropriate measures.
4. Violation of paragraph 2 of Article 20, evading, hindering or refusing to provide information or providing false information.
5. Failing to retain relevant data and records in accordance with the items or methods prescribed by the paragraph 3 of Article 20.
6. Failing to comply with the proceedings by the competent authority in accordance with Article 32.
Under the circumstances stated in the second or third subparagraph of the preceding paragraph, the competent authority may suspend the violator’s use of the certified agricultural product mark for a period from 3 months up to 1 year.
Article 26
Under any of the following circumstances, a fine from NTD60,000 up to NTD600,000 is applicable to each individual violation :
1. A certification body violating the paragraph 3 of Article 7 by collecting a fee more than the upper limit promulgated by the Central Competent Authority.
2. Violation of paragraph 1 of Article 10, using words such as certified agricultural products or any other misleading presentation for marketing, labeling, display or advertisement uncertified agriculture products.
Article 27
Those who intend to disseminate rumors or false information concerning agriculture products, resulting in damages to the public or others, shall be subject to a fine from NTD60,000 to NTD300,000, and may be order to corrected the misconduct within a specified period of time; if correction is not made within the period of time, consecutive punishments may be imposed.
Article 28
Those who violate the paragraph 1 of Article 9 governing mandatory and prohibitory items in the contracts promulgated by Central Competent Authority and fail to take corrective actions ordered by the competent authorities within a specified period of time shall be subject to a fine from NTD30,000 to NTD300,000; failing to take corrective actions in according with the further order by the competent authority within a specified period of time shall be subject to a fine from NTD50,000 to NTD500,000 for each time.
Article 29
An agricultural product operator under any of the following circumstances shall be ordered to take corrective actions within a specified period of time. If the agricultural product operator fails to take corrective actions within a specified period of time, a fine from NTD30,000 to NTD300,000 is applicable to each individual violation.
1. Violation of paragraph 2 of Article 10 governing the specifications, pattern, manufacturing or use of the mark.
2. Violation of paragraph 1 of Article 11, failing to label or label incompletely or falsely.
3. Violation of paragraph 1 of Article 12, failing to retain data related to production, processing, packaging, distribution, storage and marketing of certified agricultural products according to the certification criteria.
4. Violation of paragraph 1 of Article 20, labeling or advertisement of agricultural products in the name of or in connection with the Central Competent authority or any of its subordinate agencies (institutions) without authorization.
Under any of the circumstances mentioned in the preceding paragraph, the competent authority may suspend the use of the certified agricultural product mark by such agricultural product operator for a period from 3 months up to 1 year.
Article 30
For Any one of the following situations, the Central Competent Authority may warn the accreditation bodies according to the severity of the situation, or impose a fine from NTD20,000 up to NTD100,000 for each individual violation, or suspend the accreditation bodies to accept new accreditation applications for a period time from 2 months up to 2 years.
1. Violation of paragraph 1 of Article 6, evading, impeding, or refusing the examination by the Central Competent Authority, or providing false data and records.
2. Violation of the subparagraph 1 of paragraph 1 of Article 6, failing to submit prescribed, amended or abolished accreditation standards to the Central Competent Authority for approval.
3. Violation of the subparagraph 2 of paragraph 1 of Article 6, failing to review accreditation applications and assess the certification bodies based on the accreditation standards approved by the Central Competent Authority.
4. Violation of the subparagraph 3 of paragraph 1 of Article 6, failing to retain records of accreditation tasks for at least five years, make records correctly, or submit to the central competent authority for records every year.
5. Violation of the subparagraph 4 of paragraph 1 of Article 6, failing to assist or cooperate with the central competent authority on auditing the accredited certification body.
6. Violation of the subparagraph 5 of paragraph 1 of Article 6, failing to coordinate among other certification bodies to take over the certification business of the certification body which cannot continue providing certification services.
7. Violation of the paragraph 2 of Article 6 governing the required coverage of accreditation standards, the required items related to the accreditation tasks to be recorded, and the submitting documents specified in this Act.
If an accreditation body has been suspended from accepting new applications by the Central Competent Authority in accordance with the preceding paragraph twice in the previous 3 years, another violation of the preceding paragraph shall result in Central Competent Authority abolishing the permission and prohibiting such accreditation body to apply for permission in accordance with the paragraph 1 of Article 5 for a period from 2 years up to 5 years.
For the accreditation body whose permission has been abolished in accordance with the preceding paragraph, the Central Competent Authority shall assume the accreditation body’s contracts signed with the certification bodies; those certification bodies shall enter into an accreditation contract with other accreditation bodies within the period designated by the Central Competent Authority, and the accreditation contracts with the Central Competent Authority will thereby be terminated at the same time.
Article 31
An agricultural product operator shall be ordered to take corrective actions in a specific period of time if this operator does not register or label traceable information in a way prescribed by the Central Competent Authority, or does not register such information correctly or completely in accordance with Article 16; if such operator fails to take corrective actions in time, a fine from NTD6,000 up to NTD30,000 is applicable to each individual violation.
Article 32
In the case of advertisements or labels of agricultural products under any of the circumstances mentioned in paragraph 1 of Article 24, Subparagraph 2 of Article 26, Subparagraph 1, 2 or 4 of paragraph 1of Article 29 or the preceding article, aside penalties prescribed by this Act , the following measures may be taken by the competent authority:
1. Enforce the labeler or the advertiser to correct, withdraw labels or advertisements within a specified period of time.
2. Enforce advertiser to publish or broadcast a corrective advertisement on the page or timeslots as same as that original advertisement was published or broadcasted. And, the contact of the corrective advertisement shall communicate the message of an apology and the intention to correct false information.
3. Enforce those who operate platforms or are commissioned to disseminate advertisement to suspend broadcasting or withdraw materials of original advertisements.
Article 33
For anyone that falls under any of the circumstances stated in Article 22 to Article 31, aside penalties prescribed by this Act , the competent authority may disclose his/her name and address, name of certificated agriculture products and informations of his/her violation. In the case of a legal entity or any group with a manager or representative, the competent authority may disclose the name of such entity or group, office or place of business, and the name of the manager or representative thereof.
Article 34
The penalties prescribed in the Act shall be imposed by the municipal/county/city governments. However, the penalties imposed on an accreditation body and a certification body shall be carried out by the Central Competent Authority.
When an agricultural product operator violates the Act in producing, processing, packaging or distributing agricultural products based on the instructions of the entruster or client, the punishment shall be imposed on the entruster or client.