Goto Main Content
:::

Chapter Law Content

Title: Agro-pesticides Management Act CH
Category: Ministry of Agriculture(農業部)
Chapter V. Supervision, Inspection, Crackdown and Encouragement
Article 35
An agro-pesticide manufacturer or dealer shall maintain books of account to record the quantity and trading counterparts of agro-pesticides produced, imported, purchased and sold and shall make them available to the competent authority for inspection.
The books of account under the preceding paragraph shall be preserved for three years and reported to competent authority. Central competent authority shall promulgate the format, content, frequency and manner of the report.
Article 36
An agro-pesticide manufacturer or dealer shall neither produce or offer for sale any agro-pesticides beyond the scope of registration, nor engage in misrepresented, exaggerated or improper promotion or advertisement.
Before proceeding to publish or run an advertisement, an agro-pesticide manufacturer or dealer shall submit all the written words, pictures or oral statements to the central competent authority for approval and provide the written approval to the advertising agency for verification.
The regulations governing the application for and examination of the agro-pesticide advertisement under the preceding paragraph and other relevant matters shall be prescribed by the central competent authority.
Article 37
The non-controlled agro-pesticides promulgated by the central competent authority are not applicable to this Act. However, there shall be no misrepresentation or exaggeration in the labelling, promotion or advertisement of such agro-pesticides.
Article 38
No agro-pesticides shall be labelled, promoted or advertised as those with the efficacy of agro-pesticides if they are not as defined herein.
Article 39
Attention shall be paid to the safety of transportation and warehouse storage of agro-pesticides; the regulations governing the transportation and warehouse storage and other relevant matters shall be established by the central authority in concert with the Ministry of Transportation and Communications.
Article 40
The competent authority may assign agro-pesticide inspectors to enter the place of business or warehouse of an agro-pesticide manufacturer or dealer and other places where agro-pesticides are manufactured, processed and repackaged to carry out inspection, and may order the manufacturer or dealer to provide the inspectors with a business report.
The regulations governing the contents selective inspection, re-inspection, sealing-upon and other relevant matters of the agro-pesticide inspection under the preceding paragraph shall be prescribed by the central competent authority.
Article 41
In performing the duties under the first paragraph of the preceding Article, an agro-pesticide inspector shall show his/her identification certificate, and shall pay for any samples taken at random.
Article 42
Any and all suspicious prohibited, counterfeit or inferior agro-pesticides shall be first sealed upon being discovered if taking of random samples is required for examination purposes, and shall then be safeguarded by the manufacturer after signing an affidavit; the manufacturer must not refuse to do so.
Samples taken according to the preceding paragraph shall be examined and disposed as soon as possible, i.e. no more than two months of the date on which the agro-pesticides are discovered. However, where the period of examination and disposal needs to be extended for the necessity of inspection, a written notice stating the cause and period of extension shall be given to the manufacturer before the said period expires.
Article 43
For those who inform the competent authority of the existence of prohibited, counterfeit or inferior agro-pesticides or assist the competent authority in discovering such agro-pesticides, the competent authority shall not only keep in confidence the name and identification of the informer or assistant, but also pay rewards to the informer or assistant in accordance with the regulations established by the central competent authority.
Article 44
The competent authority may appraise the agro-pesticide manufacturers or dealers periodically and encourage those who are highly recognized in the appraisal.
The regulations governing the appraisal and encouragement under the preceding paragraph shall be prescribed by the central competent authority.