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Chapter Law Content

Title: Agro-pesticides Management Act CH
Category: Ministry of Agriculture(農業部)
Chapter I. General Provisions
Article 1
This Act is enacted to protect agricultural production and ecological environment, prevent and eliminate pests, prevent hazards from agro-pesticides, strengthen agro-pesticide administration, promote the development of agro-pesticide industry, and enhance the safety of agricultural products.
Article 2
For the purposes of this Act, the term "competent authority" denotes the Council of Agriculture, Executive Yuan at the central level; the municipal government at the municipal level; and the county/city government at the county/city level.
Article 3
The matters governed by the central competent authority are as follows:
1. Planning, compilation, supervision and implementation of national agro-pesticide administration policies, schemes and plans.
2. Enactment (formulation), review, interpretation and implementation of national agro-pesticide administration laws and regulations.
3. Research, development and advocacy of agro-pesticide administration.
4. Training and management of national agro-pesticide administrative personnel.
5. Supervision of national agro-pesticide administrative affairs.
6. Coordination or implementation of national agro-pesticide administration.
7. International cooperation and technical exchange regarding agro-pesticide administration.
8. Other matters related to national agro-pesticide administration.
Article 4
The matters governed by municipal or county/city competent authority are as follows:
1. Planning and implementation of implementation schemes and plans regarding agro-pesticide administration in the area under itsjurisdiction.
2. Implementation of agro-pesticide administration laws and regulations,as well as enactment (formulation), interpretation and implementation of autonomous regulations on agro-pesticide administration in the area under its jurisdiction.
3. Research, development and advocacy of agro-pesticide administration in the area under its jurisdiction.
4. Data statistics and report of agro-pesticide administration in the area under its jurisdiction.
5. Other matters related to agro-pesticide administration in the area under its jurisdiction.
Article 5
The terms used in this Act are as defined as follows:
1. Agro-pesticide: denotes formulated agro-pesticides and technical grade agro-pesticide.
2. Formulated agro-pesticide: denotes the chemicals or biologically-based formulations listed below:
(1) Those used for preventing and eliminating pests of crops and forest or the products thereof;
(2) Those used for regulating the growth of crops and forest or for influencing the physiological functions thereof;
(3) Those used for regulating the growth of beneficial insects;
(4) Any other chemicals designated by the central competent authority for protecting plants.
3. Technical grade pesticide: denotes any and all active ingredients or raw materials required for the manufacturing of formulated agro-pesticides referred to in the preceding paragraph.However, any and all technical grade pesticides shall be deemed formulated agro-pesticides as long as they be directly used for any of the purposes under the preceding paragraph and are approved and promulgated by the central competent authority.
4. Labelling: denotes the illustrative text, patterns or marks on the container, packaging or enclosed specification of agro-pesticides.
5. Agro-pesticide manufacturers: denotes those engaged in the manufacture, processing and repackaging of agro-pesticides as well as the wholesale and export of agro-pesticides, and the import of technical grade agro-pesticides for self-use; manufacturers also may be engaged in the retail of their own products.
6. Agro-pesticide dealers: denotes those engaged in the wholesale , retail, import and export of agro-pesticides.
7. Manufacturing: denotes the process of producing raw materials into technical grade agro-pesticides.
8. Processing: denotes the process of producing technical grade agro-pesticides into formulated agro-pesticides.
Article 6
For the purpose of this Act, the term "prohibited agro-pesticides" denotes any and all agro-pesticides prohibited by the central government in public announcement from being manufactured, processed, repackaged, imported, exported, sold or used.
Article 7
For the purposes of this Act, the term "counterfeit agro-pesticides" denotes any of the following agro-pesticides:
1. Agro-pesticides manufactured, processed, imported without prior approval or counterfeit domestic or foreign products;
2. Agro-pesticides in which the content of other active ingredients added exceeds the standard limits set forth by the central competent authority;
3. Agro-pesticides which have been replaced with domestic or foreign products;
4. Agro-pesticides whose validity labelling has been erased or altered;
5. Agro-pesticides whose description of active ingredients is inconsistent with that approved
Article 8
For the purposes of this Act, the term "inferior agro-pesticides" denotes any duly registered agro-pesticides concerning which any of the following situations has arisen:
1. The content of the active ingredients does not conform to the standard specifications prescribed;
2. The validity has expired;
3. The quality other than the content of the active ingredients referred to in the first paragraph does not conform to the standard specifications prescribed.