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Chapter Law Content

Chapter IV. PENALTIES
Article 22
Any person who is guilty of importing or transhipping articles in violation of subparagraph 1 of the first paragraph of Article 14 or subparagraph 1 of the first paragraph of Article 15 shall be penalized by imprisonment not exceeding three years, detention and/or a fine not exceeding NT$150,000.
The regulated articles, other goods or things, and the packages, containers and cultivation media thereof in violation of subparagraph 1 of the first paragraph of Article 14 or subparagraph 1 of the first paragraph of Article 15, no matter who the owner is, shall be seized before the first-instance judgement.
Article 23
If the representative of a legal person, or the agent, employee or other staff of a legal person or natural person is guilty of committing the offense under the first paragraph of the preceding article in the course of rendering their services, the violator shall be penalized; in addition, the legal person or natural person shall be imposed with the fine under the said paragraph. If the representative of a legal person or a natural person can prove that best effort has been made to prevent the committing of the offense, neither the legal person nor the natural person shall be penalized.
Article 24
For the following situations, a fine ranging from NT$30,000 to NT$150,000 shall be imposed:
I.Violating the second paragraph of Article 9 by selling or relocating the plants;
II.Violating the order of restriction or prohibition under the first paragraph of Article 10;
III.Violating any measures mentioned in subparagraph 1 to 3 of the first paragraph of Article 11;
IV.Violating the third paragraph of Article 14 or the third paragraph of Article 15 by sharing the regulated articles without the approval of the central competent authority, or violating the related regulations for the declaration, safeguard isolation control measures, treatments and how to produce and retain of usage records, reports or monographs mentioned in the third paragraph of Article 14 or the fourth paragraph of Article 15.
V.Violating the related regulations of the procedure of post-entry quarantine and the requirements for the establishment of quarantine field sites promulgated in the fifth paragraph of Article 14.
VI.Importers or agents of the related articles who violate the first paragraph of Article 17, by not applying for quarantine, or unwrapping or moving the regulated articles before completion of quarantine inspection; the recipients of mails who violate the fourth paragraph of Article 17 by not applying to plant quarantine authority for quarantine.
VII.Owners or managers of vessels, vehicles, or aircrafts who violate Article 19-2 by bringing the residues of plants or plant products onto land.
If penalty is carried out pursuant to subparagraphs 1 to 3 of the preceding paragraph, the plants, plant products, pests, soils, and the packages, containers and cultivation media thereof shall be removed or destroyed within a prescribed time limit. If the said articles are not removed or destroyed within the time limit, the municipal or county (city) competent authority shall act to remove or destroy the said articles, and the cost for such actions shall be borne by the owners or management personnel.
If penalty is carried out pursuant to subparagraphs 4 to 6 of the first paragraph, the regulated articles and the packages, containers, cultivation media may be disinfected, destroyed, or treated directly by the plant quarantine authority or commissioned organizations as deemed necessary, and the cost for such actions shall be borne by the owners or management personnel.
If penalty is carried out pursuant to subparagraph 7 of the first paragraph, the plants or plant products shall be destroyed by the plant quarantine authority or commissioned organization, and the cost for such actions shall be borne by the owners or management personnel.
Article 25
A fine ranging from NT$10,000 to NT$50,000 shall be imposed on the particular violator if the violator is guilty of:
I.Evading, hindering, or refusing the execution of duties performed by plant protection or quarantine officers pursuant to Article 5 without an appropriate reason;
II.Violating the first paragraph of Article 8-1 and failing to conduct control measures pursuant to the notice or announcement by the municipal or county (city) competent authority;
III.Failing to report the pest status as required under the second paragraph of Article 8-1 without appropriate reason;
IV.Evading, hindering, or refusing the inspection of specific plant diseases and pests by the central competent authority pursuant to the first paragraph of Article 9 without an appropriate reason;
V.Owners or managers of the plants or plant products failing to conduct joint control measures prescribed by the central competent authority pursuant to subparagraph 4 of the first paragraph of Article 11; or
VI.Violating the subparagraph 5 of the first paragraph of Article 11, moving out the plants or plant products which are not inspected or inspected but found not to be in compliance with relevant regulations.
If penalty is carried out pursuant to subparagraph 2 of the preceding paragraph, the municipal or county (city) competent authority may order the violators to improve within a prescribed time limit as deemed necessary, those who fail to improve beyond the time limit will be successively punished. For the owners of the management personnel who had been successively punished without improvement, the municipal or county (city) competent authority may control the pest risk of the plants or plant products on behalf of the violators as deemed necessary, and the cost for such actions shall be borne by the owners or management personnel.
Article 25-1
Passengers or personnel of vehicles, vessels or aircrafts violating the second paragraph of Article 17 shall be fined an amount ranging from NT$3,000 to NT$15,000.
Article 25-2
The punishment for violators who fail to apply quarantine by not complying with subparagraph 6 of the first paragraph of Article 24 or the preceding article may be reduced or exempted, if the circumstances are minor.
The standards for determining the reduction or exemption of punishment mentioned in the preceding paragraph are to be determined and promulgated by the central competent authority.
Article 26
The fine provided herein shall be imposed by the municipal or county (city) competent authority or the plant quarantine authority.